How Appealing



Thursday, September 8, 2011

“Democrats Seek to Impose Tougher Supreme Court Ethics”: Eric Lichtblau has this post at “The Caucus” blog of The New York Times.

Posted at 8:27 PM by Howard Bashman



“Obama Admin Sides With Power Company in Mont. Riverbed Fight”: Lawrence Hurley of Greenwire has this report (via The New York Times).

Posted at 4:42 PM by Howard Bashman



“Newspaper Chain Drops Righthaven — ‘It Was a Dumb Idea'”: At Wired.com’s “Threat Level” blog, David Kravets has a post that begins, “The new chief executive of MediaNews Group, publisher of the Denver Post and 50 other newspapers, said it was ‘a dumb idea’ for the nation’s second-largest newspaper chain to sign up with copyright troll Righthaven.”

Posted at 3:40 PM by Howard Bashman



“Second Circuit panel reverses child porn restitution award to ‘Amy'”: At his “Sentencing Law and Policy” blog, Doug Berman has a post that begins, “The Second Circuit has today issued an important new opinion in the on-going saga concerning whether and how the kids victimized by being featured in illegal child pornography can secure restitution awards from defendants who downloaded these pictures via the internet.”

You can access today’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.

Posted at 1:40 PM by Howard Bashman



“Appeals court dismisses Virginia challenge to health-care law”: Jim Nolan of The Richmond Times-Dispatch has this news update.

The New York Times has a news update headlined “Court Blocks Suit Against Health Law.”

The Roanoke Times has a news update headlined “Federal judges reject Virginia’s challenge of Obama health care law; Virginia Attorney General Ken Cuccinelli has pledged to appeal case to the U.S. Supreme Court.”

The Associated Press reports that “Federal court tosses lawsuits over health reform.”

Reuters reports that “Court tosses Virginia challenge to healthcare law.”

Bloomberg News reports that “Health-Care Law Upheld by Federal Appeals Court.”

Politico.com reports that “Health care law cases rejected by 4th Circuit Court of Appeals..”

At “The BLT: The Blog of Legal Times,” Andrew Ramonas has a post titled “4th Circuit Rejects Virginia’s Challenge to Health Care Reform Law.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Health care challenge rejected; Health insurance challenge rebuffed by Fourth Circuit, finding it a premature attempt to block a federal tax provision.”

My earlier coverage of today’s Fourth Circuit rulings appears at this link.

Posted at 1:36 PM by Howard Bashman



“Rates of Unpublished Opinions in the Different Circuits — And Especially the Fourth Circuit”: Orin Kerr has this post at “The Volokh Conspiracy.”

Posted at 1:25 PM by Howard Bashman



Fourth Circuit avoids reaching the merits in two challenges to federal healthcare mandate: You can access today’s ruling in Virginia v. Sebelius at this link, while today’s ruling in Liberty University v. Geithner can be accessed here.

In the suit brought by Liberty University, the three-judge panel has ruled by a 2-to-1 vote that “Because this suit constitutes a pre-enforcement action seeking to restrain the assessment of a tax, the Anti-Injunction Act strips us of jurisdiction.” And, in the suit brought by Virginia, the court has unanumously ruled that Virginia lacks standing to bring the suit.

Circuit Judge Diana Gribbon Motz wrote the opinion of the court in both cases.

Posted at 12:20 PM by Howard Bashman



“Top Ohio court mulls child-porn evidence dispute”: In today’s edition of The Toledo Blade, Jim Provance has an article that begins, “How long can a computer hard drive be left behind before it is considered abandoned and subject to search by police without a warrant?”

You can view the video of yesterday’s oral argument in the Supreme Court of Ohio via this link. The court’s Public Information Office prepared this summary of the case, and you can access the briefs and other documents filed in the case via this link.

Posted at 8:30 AM by Howard Bashman



“Yale Law School to host Navajo Supreme Court argument”: This article appears today in The Daily Times of Farmington, New Mexico.

A similar event, scheduled to occur last October, ended up being cancelled.

Posted at 8:24 AM by Howard Bashman



Wednesday, September 7, 2011

“Abrahamson suggests open deliberation for state Supreme Court”: Today’s edition of The Milwaukee Journal Sentinel contains an article that begins, “Chief Justice Shirley Abrahamson started the Supreme Court’s term Tuesday by laying out a one-of-a-kind plan to make public the deliberations of the state’s highest court.”

Posted at 7:35 PM by Howard Bashman



“Court ruling undermines privacy exemption to FOIA”: Josh Gerstein has this post at his “Under the Radar” blog at Politico.com.

Posted at 5:32 PM by Howard Bashman



“Copyright Troll Righthaven Goes on Life Support”: David Kravets has this post at Wired.com’s “Threat Level” blog.

Posted at 4:42 PM by Howard Bashman



“Pharma Case Leads Historic High Court Arguments Session”: This front page article appeared in yesterday’s issue of Pennsylvania Law Weekly.

Next Tuesday, I will be arguing the case referenced in the article’s headline on plaintiff’s behalf in the Supreme Court of Pennsylvania. In this post from July 11, 2011, I provided online access to Wyeth’s Brief for Appellant and my client’s Brief for Appellee/Cross-Appellant, along with the amicus brief filed on my client’s behalf.

More recently, on August 18, 2011, Wyeth filed its Reply Brief for Appellant/Brief for Cross-Appellee. And yesterday, I filed my client’s Reply Brief for Cross-Appellant.

Posted at 4:32 PM by Howard Bashman



“Gay marriage foes may win right to defend Prop. 8 in court; Several California Supreme Court justices appear skeptical that only elected officials could defend measures passed by voters; This could give opponents of same-sex marriage a chance to test the case before the U.S. Supreme Court”: Maura Dolan has this article today in The Los Angeles Times.

Howard Mintz of The San Jose Mercury News reports today that “Supreme Court appears ready to give Prop 8 sponsors right to defend gay marriage ban.”

The New York Times reports that “Court Weighs Who Defends Proposition 8.”

And The Christian Science Monitor has an article headlined “Same-sex marriage: Can Prop. 8 sponsor appeal ruling ban is unconstitutional? In a hearing Tuesday, California Supreme Court justices grilled attorneys for both sides in the Prop. 8 case; Their ruling on legal ‘standing’ may affect more than the ban on same-sex marriage.”

Posted at 7:55 AM by Howard Bashman



“Longtime Liberal Advocate to Lead Generic Drug Group”: Today’s edition of The New York Times contains an article that begins, “Ralph G. Neas, a longtime advocate for liberal causes and the face of some of the biggest Supreme Court nomination fights in recent decades, has been named the new chief executive of the Generic Pharmaceutical Association, a Washington-based industry group representing generic drug makers and suppliers.”

Posted at 7:42 AM by Howard Bashman



Tuesday, September 6, 2011

“Transcription Error Nearly Trips Up Judicial Nominee”: At “The BLT: The Blog of Legal Times.” David Ingram has a post that begins, “A nominee for a federal appeals court has found out the hard way how much trouble an error in a transcript can cause.”

Posted at 6:12 PM by Howard Bashman