How Appealing



Monday, February 6, 2012

“Defendant Ordered to Decrypt Laptop May Have Forgotten Password”: David Kravets has this post at Wired.com’s “Threat Level” blog.

Posted at 6:07 PM by Howard Bashman



“Judge weighs PETA whale slavery lawsuit”: Greg Moran of The San Diego Union-Tribune has a news update that begins, “A federal judge appeared skeptical Monday of arguments that orca whales that perform at SeaWorld are being held as slaves and that their confinement violates the constitutional ban on slavery.”

Posted at 4:42 PM by Howard Bashman



The Ninth Circuit’s Proposition 8 ruling may not issue until tomorrow, but at least one aspect of that ruling has been revealed today: Moments ago, the three-judge Ninth Circuit panel assigned to the case issued an order stating that “As we explain in our concurrently-filed opinion in Perry v. Brown, Nos. 10-16696 and 11-16577, we deny as untimely the motion of Chuck Storey, County Clerk of Imperial County, to intervene as a Defendant-Appellant. We also consider the motion as a motion to intervene in the companion appeal, No. 10-16696, and deny it as well for the same reason.”

Meanwhile, at “SCOTUSblog,” Lyle Denniston previews tomorrow’s Ninth Circuit ruling in a post titled “Prop. 8: Final ruling due.”

Update: The Ninth Circuit’s docket entry for the order issued earlier this afternoon on which I have reported above has more recently been amended to read “COURT DELETED INCORRECT/DUPLICATE ENTRY– ORDER ISSUED IN ERROR. Notice about deletion sent to case participants registered for electronic filing.”

In other words, it appears that the Ninth Circuit’s order rejecting the motion to intervene filed by the County Clerk of Imperial County, California should not have issued until tomorrow. Unfortunately, the Ninth Circuit has already sent the text of its now-withdrawn order to countless subscribers of that court’s Proposition 8 email alert list, and thus it will be rather difficult to unring this particular bell.

Posted at 4:32 PM by Howard Bashman



“‘We the People’ Loses Appeal With People Around the World”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 3:18 PM by Howard Bashman



“Ruling near on Calif. same-sex marriage ban”: The Associated Press has a report that begins, “A federal appeals court is ready to announce its ruling on whether California’s same-sex marriage ban violates the constitutional rights of gays and lesbians.”

Today, the Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has issued an announcement titled “Advance Notice of Opinion Filing” stating that by 1 p.m. eastern time tomorrow that court will issue its ruling “regarding the constitutionality of Proposition 8 and the denial of a motion to vacate the lower court judgement in the case.”

Posted at 2:10 PM by Howard Bashman



“Senate GOP: Activist Federal Judges Wanted; The hypocrisy of a group of Republicans who are supporting the lawsuit against Obama’s recess appointments.” Andrew Cohen has this essay online at The Atlantic.

Posted at 11:15 AM by Howard Bashman