How Appealing



Wednesday, September 28, 2011

“In this appeal, we consider whether the mere offer of an automobile ride to a child
constitutes an attempt to ‘lure’ the child under Section 2910 of Pennsylvania’s Criminal Code, entitled ‘Luring a child into a motor vehicle or structure.'”
So begins the majority opinion that the Supreme Court of Pennsylvania issued today in a case captioned Commonwealth v. Hart.

The decision also included a concurring opinion and an opinion concurring in part and dissenting in part.

Posted at 10:09 PM by Howard Bashman



“How one music downloader’s battle could change copyright law”: Reuters has a report that begins, “In the age of iTunes and an-app-for-everything, Joel Tenenbaum’s battle with the music industry over illegal downloading seems as relevant as an eight-track cassette. But it turns out the fight could produce something surprisingly enduring: a change in copyright law.”

Posted at 4:55 PM by Howard Bashman



“Pentagon announces war crimes capital case; The Pentagon moved forward with a death penalty case in an al Qaeda attack on a U.S. Navy warship and did it by unveiling a new military commissions website”: Carol Rosenberg of The Miami Herald has this news update.

Posted at 4:53 PM by Howard Bashman



“Considering the Role of Judges Under the Constitution of the United States”: The U.S. Senate’s Judiciary Committee has scheduled this hearing for next Wednesday afternoon. Scheduled to participate as witnesses are Justices Antonin Scalia and Stephen G. Breyer. A “webcast” button already appears on the hearing’s web page, indicating that the hearing should be available to be viewed live online.

Posted at 3:14 PM by Howard Bashman



“William Jefferson office raid may get U.S. Supreme Court review”: Bruce Alpert has this article today in The Times-Picayune of New Orleans.

Posted at 8:15 AM by Howard Bashman



“Church Puts Faith in Court”: Today’s edition of The Wall Street Journal contains an article that begins, “A New York City church is asking the U.S. Supreme Court to assert its right to hold religious services in public schools.”

Posted at 8:14 AM by Howard Bashman



“Business group files high court health care appeal”: Mark Sherman of The Associated Press has a report that begins, “A small-business group opposed to the health care overhaul is asking the Supreme Court to strike down the entire law, not just the core requirement to buy health insurance or pay a penalty.”

And online at The Huffington Post, Mike Sacks reports that “Supreme Court Agrees To Hear Eight New Cases.”

Posted at 7:54 AM by Howard Bashman



“Supreme Court to decide deportation issue; The case concerns whether federal officials should avoid deporting illegal immigrants who came to the U.S. as minors and whose parents are lawful residents”: David G. Savage has this article today in The Los Angeles Times.

Posted at 7:52 AM by Howard Bashman



Tuesday, September 27, 2011

En banc Fifth Circuit rules that the First Amendment prohibits religious viewpoint discrimination at the elementary school level but that the school officials being sued are entitled to qualified immunity: The en banc U.S. Court of Appeals for the Fifth Circuit issued its ruling today in Morgan v. Swanson, which is perhaps better known as the “legend of the candy cane” case.

The en banc court’s decision totals 100 pages and consists of eight separate opinions.

The final section of Circuit Judge Jennifer Walker Elrod‘s opinion, which constitutes the majority opinion on the issue of whether the First Amendment prohibits religious viewpoint discrimination at the elementary school level and a dissenting opinion on the issue of qualified immunity, begins:

Imagine the United States of America where the First Amendment protects a minor’s right to play violent video games, a person’s right to hatefully protest the funerals of our heroic men and women in the miliary, and the right to possess portrayals depicting animal cruelty, such as videos of people crushing kittens with their shoes, but does not protect a child’s right to share a pencil with another child at school merely because the pencil says the word “Jesus.”

My earlier coverage of this case appears at this link.

Posted at 7:30 PM by Howard Bashman



“Towards a Better Measure and Understanding Of U.S. Supreme Court Review of Courts of Appeals Decisions”: Attorneys John S. Summers and Michael J. Newman of Hangley Aronchick Segal Pudlin & Schiller have this article in today’s issue of The United States Law Week. Additional information about that law firm’s “Supreme Court Project” can be accessed here.

Posted at 2:26 PM by Howard Bashman



“As Federal Crime List Grows, Threshold of Guilt Declines”: Gary Fields and John R. Emshwiller have this article today in The Wall Street Journal.

Posted at 1:25 PM by Howard Bashman