How Appealing



Wednesday, January 11, 2012

“Supreme Court declines to make it harder to introduce eyewitness testimony at trials”: Robert Barnes will have this article Thursday in The Washington Post.

In Thursday’s edition of The Los Angeles Times, David G. Savage will have an article headlined “Supreme Court rejects curbs on eyewitness testimony at trials; In an 8-1 decision, the high court says that judges should not be allowed to consider the reliability of all eyewitness testimony before trials.”

In Thursday’s edition of USA Today, Joan Biskupic will have an article headlined “Judges don’t have to screen witnesses, court rules.”

Warren Richey of The Christian Science Monitor reports that “Supreme Court says no to new rule on eyewitness testimony; The lawyer for a convicted New Hampshire man had asked the Supreme Court to establish an expanded rule to help prevent unreliable eyewitness testimony at criminal trials.”

James Vicini of Reuters reports that “Supreme Court rejects special review of eyewitness testimony.”

And Bill Mears of CNN.com reports that “Supreme Court backs eyewitness identification with 8-1 ruling.”

Posted at 10:30 PM by Howard Bashman



“Supreme Court wrestles with medical leave case”: The Associated Press has a report that begins, “The Supreme Court wrestled Wednesday with how a federal law that grants workers time off for family and medical reasons applies to state government workers in a case that could affect millions of them.”

You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Coleman v. Court of Appeals of Md., No. 10-1016.

Posted at 3:44 PM by Howard Bashman



“Supreme Court: Churches Can’t Be Sued By Ministers For Employment Discrimination.” Mike Sacks of The Huffington Post has this report.

Posted at 2:26 PM by Howard Bashman



“Phlegm glob” that Burger King employee with a criminal record placed on Whopper with cheese served to police officer has caused the Ninth Circuit to certify a question of law to the Washington State Supreme Court: You can access today’s order of the U.S. Court of Appeals for the Ninth Circuit at this link.

The question certified to Washington State’s highest court is: “Does the Washington Product Liability Act permit relief for emotional distress damages, in the absence of physical injury, caused to the direct purchaser by being served and touching, but not consuming, a contaminated food product?”

Posted at 2:22 PM by Howard Bashman



“Justices Grant Leeway to Churches in Job Bias Laws”: Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined “Supreme Court: Discrimination laws do not protect certain employees of religious groups.”

David G. Savage of The Los Angeles Times has a blog post titled “Supreme Court: Church-state separation extends to religious schools.”

Joan Biskupic of USA Today has a news update headlined “Court: Certain religious employees can’t sue for job bias.”

James Vicini of Reuters has an article headlined “Supreme Court: ministers can’t sue churches for bias.”

At the “School Law” blog of Education Week, Mark Walsh has a post titled “Supreme Court Backs Church in Teacher-Employment Case.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Opinion recap: A solid ‘ministerial exception.’

Posted at 1:48 PM by Howard Bashman



Access online today’s opinions of the U.S. Supreme Court in argued cases: The Court today issued three decisions in argued cases.

1. Justice Ruth Bader Ginsburg delivered the opinion of the Court in Perry v. New Hampshire, No. 10-8974. Justice Clarence Thomas issued a concurring opinion. And Justice Sonia Sotomayor issued a dissenting opinion. You can access the oral argument via this link.

2. Justice Thomas delivered the opinion of the Court in Pacific Operators Offshore, LLP v. Valladolid, No. 10-507. Justice Antonin Scalia issued an opinion concurring in part and concurring in the judgment, which Justice Samuel A. Alito, Jr. joined.,You can access the oral argument via this link.

3. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, No. 10-553. Justice Thomas issued a concurring opinion. And Justice Alito issued a concurring opinion, in which Justice Elena Kagan joined. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined “Court:Judges cannot get involved in church dispute” and “Court rules against man convicted by eyewitness ID.”

Posted at 10:04 AM by Howard Bashman



“Court upholds injunction against Shariah law ban in Oklahoma courts”: This article appears today in The Tulsa World.

The Los Angeles Times reports today that “Appeals court affirms order blocking Oklahoma sharia law ban; A federal appeals court upholds a 2010 ruling preventing the implementation of an Oklahoma constitutional amendment that would bar judges from considering international or Islamic law in decisions.”

The Denver Post reports that “Oklahoma’s ban on Islamic law blocked by appeals court.”

Terry Baynes of Reuters reports that “Court refuses to unblock Oklahoma ban on Islamic law.”

Bill Mears of CNN.com reports that “Federal court blocks Oklahoma ban on Sharia.”

And yesterday evening’s broadcast of NPR’s “All Things Considered” contained an audio segment entitled “Court Strikes Down Okla. Sharia Ban.”

My earlier coverage of yesterday’s Tenth Circuit ruling appears at this link.

Posted at 7:54 AM by Howard Bashman



Tuesday, January 10, 2012

“TV Decency Is a Puzzler For Justices”: Adam Liptak will have this article Wednesday in The New York Times.

In Wednesday’s edition of The Washington Post, Robert Barnes will have an article headlined “Supreme Court weighs technology, culture in FCC power to monitor airwaves.”

In Wednesday’s edition of The Los Angeles Times, David G. Savage will have an article headlined “Supreme Court appears unlikely to ease broadcast decency rules; During arguments in FCC vs. Fox TV, the justices indicate they want the public airwaves to remain free of cursing, nudity and sex scenes during prime time.”

Joan Biskupic of USA Today has a news update headlined “Top justices grapple with FCC filters on cursing, nudity.”

In Wednesday’s edition of The Wall Street Journal, Jess Bravin will have an article headlined “Justices Voice Support for Broadcast-TV Decency.”

Wednesday’s edition of The Washington Times will contain an article headlined “Supreme Court mulls profanity, nudity on network TV.”

Warren Richey of The Christian Science Monitor reports that “Lawyer makes startling argument in Supreme Court hearing on FCC; A lawyer arguing that the FCC has gone overboard in its regulation of broadcast nudity and language directed the justices’ attention to the bare buttocks of statues in the Supreme Court; The justices are considering whether FCC rules are inconsistent.”

Greg Stohr of Bloomberg News reports that “TV Indecency Crackdown by FCC Gets Support at High Court.”

Tony Mauro of The National Law Journal reports that “In indecency case, government faces tough path to victory.”

Ariane de Vogue of ABC News has a blog post titled “Supreme Court Hearing on Indecency Leaves One Justice Blushing.”

Mike Sacks of The Huffington Post reports that “Supreme Court Frets Over TV’s Devolving Standards of Decency.”

And on this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment entitled “High Court Hears Arguments In FCC Case.”

Posted at 9:10 PM by Howard Bashman



“Justices Weigh Public-Sector Unions’ Political Fees”: Mark Walsh has this post at the “School Law” blog of Education Week.

Posted at 6:20 PM by Howard Bashman



“Supreme Court denies inmate’s request for lawsuit over prison injury”: Michael Doyle of McClatchy Newspapers has this report.

Posted at 3:50 PM by Howard Bashman



“Moore’s funding an issue”: Today’s edition of The Montgomery Advertiser contains an editorial that begins, “Perennial political candidate Roy Moore has two big problems in his race to become chief justice of the Alabama Supreme Court. The first problem is that he doesn’t have many campaign donors. The second problem is that his biggest donor — who supplied almost two-thirds of all the money Moore had raised through December — has some strange ideas.”

Posted at 2:40 PM by Howard Bashman



“Ga. court upholds ruling in Jewell suit”: The Atlanta Journal-Constitution has a news update that begins, “The Georgia Supreme Court on Monday unanimously upheld a previous court ruling dismissing a lawsuit filed by survivors of Richard Jewell against The Atlanta Journal-Constitution.”

Posted at 2:38 PM by Howard Bashman



“Gonzalez sworn in as new justice; Latino justice hailed for improving court access to poor”: This article appears today in The Olympian of Olympia, Washington.

Posted at 12:27 PM by Howard Bashman



A twist on the “appellate battlefield” analogy: No doubt many readers will be familiar with the saying that “Appellate judges sit above the fray as the battle unfolds beneath and when the smoke clears and the dust settles, they descend from their lofty perches and shoot the wounded.”

Today, Sixth Circuit Judge Raymond M.Kethledge has issued a dissenting opinion that begins as follows:

Every trial presents its own field of maneuver, with issues rising up in different places on the terrain. Some issues reach commanding heights, others are just a gentle rise; some have evidence arrayed densely on each side, others have evidence more thin. Whatever the layout, the district court knows the ground better than we do. Its understanding comes from the front lines, whereas we are back in a headquarters tent. And thus we defer a great deal to the district court’s judgment as to whether a particular piece of evidence aligns with one issue, or another, or instead does not belong on the field at all.

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

Posted at 11:22 AM by Howard Bashman