How Appealing



Tuesday, November 8, 2011

“Supreme Court expresses doubts about police GPS use”: Joan Biskupic of USA Today has this news update.

Greg Stohr of Bloomberg News reports that “Police Use of Global-Positioning Devices Questioned by U.S. Supreme Court.”

James Vicini of Reuters reports that “Supreme Court seems troubled by police GPS tracking.”

Bill Mears of CNN.com reports that “Justices to decide police use of GPS devices on suspects’ cars.”

At Wired.com’s “Threat Level” blog, David Kravets has a post titled “Supreme Court Sees Shades of 1984 in Unchecked GPS Tracking.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Argument recap: For GPS, get a warrant.”

Posted at 3:12 PM by Howard Bashman



“Appeals court upholds Obama health care law”: The Associated Press has a report that begins, “A conservative-leaning panel of federal appellate judges is upholding President Barack Obama’s health care law as constitutional, helping set up a Supreme Court fight.”

You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.

Senior Circuit Judge Laurence H. Silberman issued the majority opinion, in which Senior Circuit Judge Harry T. Edwards joined. The majority opinion concludes:

That a direct requirement for most Americans to purchase any product or service seems an intrusive exercise of legislative power surely explains why Congress has not used this authority before–but that seems to us a political judgment rather than a recognition of constitutional limitations. It certainly is an encroachment on individual liberty, but it is no more so than a command that restaurants or hotels are obliged to serve all customers regardless of race, that gravely ill individuals cannot use a substance their doctors described as the only effective palliative for excruciating pain, or that a farmer cannot grow enough wheat to support his own family. The right to be free from federal regulation is not absolute, and yields to the imperative that Congress be free to forge national solutions to national problems, no matter how local–or seemingly passive–their individual origins.

Circuit Judge Brett M. Kavanaugh dissented, explaining that “my analysis leads me decisively to the conclusion that we lack jurisdiction because of the Anti-Injunction Act.”

Posted at 11:25 AM by Howard Bashman



“Supreme Court to weigh juveniles’ life sentences without parole; In two cases involving 14-year-olds convicted in homicides, the justices could further bolster the Constitution’s ban on cruel and unusual punishment”: David G. Savage has this article today in The Los Angeles Times.

And at the “School Law” blog of Education Week, Mark Walsh has a post titled “High Court to Weigh Life Sentences for Juvenile Murderers.”

Posted at 8:20 AM by Howard Bashman



“Florida antiabortion group wants its own ‘personhood’ amendment, faces long odds”: This article appears today in The St. Petersburg Times.

Posted at 8:14 AM by Howard Bashman



“Supreme Court confronts a trove of constitutional questions in case involving passport law”: Robert Barnes has this article today in The Washington Post.

Posted at 7:56 AM by Howard Bashman



“Same-sex parents birth certificate case argued; Judge to rule later on rights later”: This article appears today in The Des Moines Register.

Posted at 7:54 AM by Howard Bashman



“U.S. Supreme Court restores death penalty in local slaying; Panel’s ruling in ‘buried alive’ case overturned”: Jim Provance has this article today in The Toledo Blade.

Posted at 7:46 AM by Howard Bashman



Monday, November 7, 2011

“Dispute Over Jerusalem Engages Court”: Adam Liptak will have this article Tuesday in The New York Times.

In Tuesday’s edition of USA Today, Joan Biskupic will have an article headlined “Supreme Court wrestles with sticky Jerusalem passport case.”

Warren Richey of The Christian Science Monitor has an article headlined “How wrangle over Jerusalem is at the core of a US Supreme Court showdown; Did Congress overstep its authority when it instructed US officials to list ‘Israel’ as the place of birth for Americans born in Jerusalem? Supreme Court justices heard arguments Monday.”

Greg Stohr of Bloomberg News reports that “Passport Clash Over Jerusalem at High Court May Shape Foreign Policy Power.”

James Vicini of Reuters reports that “Supreme Court skeptical in Israel passport case.”

Mike Sacks of The Huffington Post has an article headlined “Defining Jerusalem: Israel-Palestine Conflict Comes To The Supreme Court.”

At “SCOTUSblog,” Lyle Denniston has a post titled “Argument recap: Who controls foreign policy?

On this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment entitled “Can Passports List ‘Jerusalem, Israel’ As Birthplace?

And online at Slate, Dahlia Lithwick has a Supreme Court dispatch entitled “Passport Originalism: How the status of Jerusalem got dragged into a critical Supreme Court case about separation of powers.”

Posted at 10:22 PM by Howard Bashman



“Big Tobacco, graphic packaging, and the First Amendment”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report.

Posted at 6:03 PM by Howard Bashman



“Was race a factor in Texas death sentence? Supreme Court declines case; Two justices said the Supreme Court should have taken the case of Duane Buck, who was convicted of two murders; But three blamed his defense lawyers for introducing race into the trial.” Warren Richey of The Christian Science Monitor has this report.

And Mike Sacks of The Huffington Post has an article headlined “Supreme Court Punts Death Penalty Case: Sotomayor, Alito Square Off On Decision Not To Hear Argument.”

Posted at 6:00 PM by Howard Bashman



“Appeals court stays Skinner execution”: The Houston Chronicle has a news update that begins, “The Texas Court of Criminal Appeals today stayed Wednesday’s execution of Henry Skinner, pending resolution of an appeal filed to gain DNA testing of clothing, weapons and biological samples collected at the scene of a 1993 Pampa triple killing.”

And The Associated Press reports that “Texas court puts off execution due to legal change.”

Posted at 4:56 PM by Howard Bashman



The Green Bag Almanac & Reader announces its “Exemplary Legal Writing 2011 Nominees”: You can view the list of nominees at this link. As the list reveals, the saying that it’s an honor simply to be nominated carries special resonance for me this year.

Posted at 3:14 PM by Howard Bashman



“Appeals court to rehear Armenian genocide claim”: The Associated Press has this report on an order granting rehearing en banc that the U.S. Court of Appeals for the Ninth Circuit issued today.

The case already had an unusual procedural history, in that the same three-judge panel issued two contradictory rulings on the merits of the case. The judge who dissented when the panel issued its first opinion went on to write the panel’s second majority opinion, with the author of the original majority opinion then writing in dissent.

Posted at 2:08 PM by Howard Bashman



“Justices hear case of American born in Jerusalem”: Mark Sherman of The Associated Press has a report that begins, “The Supreme Court seems unlikely to rule for a 9-year-old boy who was born in Jerusalem and wants his U.S. passport to list his place of birth as Israel.”

You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Zivotofsky v. Clinton, No. 10-699.

Posted at 1:42 PM by Howard Bashman



Access online today’s Order List of the U.S. Supreme Court: The Court has posted today’s Order List at this link. The Court today granted review in three new cases, two of which will be argued together. The Court also requested the views of the Solicitor General in one case.

In addition, the Court issued two unanimous per curiam opinions. The Court’s first per curiam opinion issued in KPMG LLP v. Cocchi, No.10-1521 The Court’s second per curiam opinion issued in Bobby v. Dixon, No. 10-1540.

The Court’s denial of certiorari in Buck v. Thaler, No. 11-6391, produced two opinions. Justice Samuel A. Alito, Jr. issued a statement respecting the denial of certiorari in which Justices Antonin Scalia and Stephen G. Breyer joined. And Justice Sonia Sotomayor issued a dissent from the denial of certiorari, in which Justice Elena Kagan joined.

In early news coverage, The Associated Press has reports headlined “Court to look at life in prison for juveniles“; “Court refuses to hear Texas death case“; “Court throws out decision reversing death sentence“; “Court: Fla. must weigh arbitration in Madoff case“; and “Court won’t hear ‘Ghost Hunters’ appeal.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “New review on youths’ punishment.”

Posted at 10:12 AM by Howard Bashman



“Jerusalem or Israel? U.S. passport case is a constitutional tangle; The Supreme Court takes up a seemingly simple dispute that raises thorny questions about the powers of the president and Congress.” David G. Savage has this article today in The Los Angeles Times.

Mark Sherman of The Associated Press reports that “Justices hear case of American born in Jerusalem.”

And on today’s broadcast of NPR’s “Morning Edition,” Nina Totenberg had an audio segment entitled “Court Weighs President’s Power To Recognize Nations.”

Posted at 9:04 AM by Howard Bashman



“Abortion referendum in Mississippi would redefine ‘personhood’; A ballot measure expected to pass in Mississippi this week would define “personhood” as beginning at the moment of fertilization or cloning; Abortion rights groups are fighting the measure, which could end up in the US Supreme Court”: The Christian Science Monitor has this report.

And Politico.com has an article headlined “Poll: ‘Personhood’ a toss-up in Miss.

Posted at 9:00 AM by Howard Bashman