How Appealing



Thursday, February 23, 2012

“Ryan Braun wins appeal of positive drug test”: Tom Haudricourt The Milwaukee Journal Sentinel has a blog post that begins, “Milwaukee Brewers leftfielder Ryan Braun became the first major-league player to have a positive drug test overturned when he was informed Thursday that an arbitration panel ruled in his favor on appeal and decided against a 50-game suspension for the reigning National League most valuable player. There has been no official announcement of the verdict but the Journal Sentinel has confirmed that Braun won his appeal.”

Posted at 5:36 PM by Howard Bashman



“Friday at the 2nd Circuit.: Back-to-back tests of Morrison’s reach.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report.

Posted at 5:18 PM by Howard Bashman



“DOMA ruled unconstitutional by 2nd federal judge”: Bob Egelko has this article today in The San Francisco Chronicle.

In today’s edition of The Los Angeles Times, Carol J. Williams reports that “Defense of Marriage Act ruled unconstitutional by judge; The ruling by a U.S. district judge was the first since the Obama administration announced a year ago that it would no longer defend a law it considers discriminatory.”

The San Jose Mercury News reports that “Bay Area couple wins case against federal same-sex marriage law.”

The New York Times reports that “Judge’s Ruling Adds to String in Favor of Same-Sex Couples.”

The Associated Press reports that “Lesbian federal worker wins health benefits case.”

And Ginny LaRoe of The Recorder reports that “San Francisco Judge Finds DOMA Unconstitutional.”

Posted at 9:40 AM by Howard Bashman



Wednesday, February 22, 2012

“Do-Over Season”: At the “Opinionator” blog of The New York Times, Linda Greenhouse has a post that begins, “Is there really a chance that the Supreme Court might reconsider Citizens United?”

Posted at 9:10 PM by Howard Bashman



“DOJ Urges Supreme Court to Halt Challenge to Warrantless Eavesdropping”: David Kravets has this post at Wired.com’s “Threat Level” blog.

Posted at 8:57 PM by Howard Bashman



“Supreme Court Takes Up Stolen Valor Case”: Adam Liptak of The New York Times has this blog post.

Michael Doyle of McClatchy Newspapers reports that “Supreme Court hears ‘stolen valor’ case of false military heroism.”

And Warren Richey of The Christian Science Monitor has an article headlined “Supreme Court debate: Is lying about being a war hero protected speech? Supreme Court justices heard arguments over the Stolen Valor Act, which bars lies over receiving military medals, but the discussion broadened into whether there is any value worth protecting in falsehood.”

Posted at 7:20 PM by Howard Bashman



In Bashman news from Philadelphia: Today, the Superior Court of Pennsylvania issued this decision affirming the judgment in a case in which I wrote the Brief for Plaintiff/Appellee. Additional background on the case can be accessed here.

As noted in this earlier post, I was unavailable to argue the appeal because that same day I was arguing two other appeals before the Supreme Court of Pennsylvania. No decisions have issued yet in those other two cases.

By the way, for those who yearn to watch the video of recent Pa. Supreme Court oral arguments online, the Pennsylvania Cable Network is archiving its broadcasts of those oral arguments at this link.

Posted at 6:28 PM by Howard Bashman



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

1. Justice Stephen G. Breyer delivered the opinion of the Court in Douglas v. Independent Living Center of Southern Cal., Inc., No. 09-958. Chief Justice John G. Roberts, Jr. issued a dissenting opinion, in which Justices Antonin Scalia, Clarence Thomas, and Samuel A. Alito, Jr. joined. You can access the oral argument via this link.

2. Justice Anthony M. Kennedy delivered the opinion for a unanimous Court in PPL Montana, LLC v. Montana, No. 10-218. You can access the oral argument via this link.

3. Chief Justice Roberts delivered the opinion of the Court in Messerschmidt v. Millender, No. 10-704. Justice Breyer issued a concurring opinion. Justice Elena Kagan issued an opinion concurring in part and dissenting in part. And Justice Sonia Sotomayor issued a dissenting opinion, in which Justice Ruth Bader Ginsburg joined. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that “Court says police cannot be sued over warrant” and “High court rules for power company over Mont. dams.”

Posted at 10:03 AM by Howard Bashman



“Colleges Worry That Court Could Make Diversity Harder to Maintain”: This article appears today in The New York Times.

On yesterday evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment entitled “Supreme Court Wades Into Affirmative Action Issue.”

And today’s edition of The Wall Street Journal contains an editorial entitled “Racial Preferences Redux: The Supreme Court revisits discrimination and government.”

Posted at 7:44 AM by Howard Bashman



“Supreme Court rejects Redondo Beach appeal on day laborer law; The city had hoped to reinstate an ordinance barring workers from gathering on busy street corners to solicit jobs”: David G. Savage has this article today in The Los Angeles Times.

And today in The San Francisco Chronicle, Bob Egelko reports that “Day laborers win Supreme Court free-speech case.”

Posted at 7:36 AM by Howard Bashman



Tuesday, February 21, 2012

“Do grandparents get visitation rights? Supreme Court declines case; The Supreme Court declined to hear a case in which grandparents demanded to visit their grandchildren but the parents intervened; The lack of a decision leaves no clear constitutional standard on the issue.” Warren Richey of The Christian Science Monitor has this report.

Posted at 11:04 PM by Howard Bashman



“Matter of Interpretation: Supreme Court Sympathetic to Japanese Litigant.” Peter Landers has this post at WSJ.com’s “Law Blog.”

Posted at 8:54 PM by Howard Bashman