How Appealing



Sunday, February 19, 2012
Saturday, February 18, 2012

“Justices Sit on Highest Court, but Still Live Without Top Security”: This article will appear Sunday in The New York Times.

In Sunday’s edition of The Los Angeles Times, David G. Savage and Ian Duncan will have an article headlined “Robbery highlights wealth, travel of Supreme Court justices; What was Stephen G. Breyer doing on a tiny Caribbean island when a family cottage was invaded? Turns out he and his colleagues are a well-traveled lot.”

And The Associated Press reports that “Man sought in Caribbean robbery of US justice.”

Posted at 11:26 PM by Howard Bashman



Friday, February 17, 2012

“Two justices suggest Citizens United ruling should be reconsidered in Montana case”: Robert Barnes will have this article Saturday in The Washington Post.

In Saturday’s edition of The Wall Street Journal, Jess Bravin will have an article headlined “Supreme Court Blocks Montana From Enforcing Restrictions On Corporate Political Spending.”

The Washington Times has a news update headlined “Justice says Supreme Court should revisit campaign finance.”

The Billings Gazette has a news update headlined “U.S. Supreme Court blocks Montana ban on corporate election spending.”

Mark Sherman of The Associated Press reports that “High court blocks Mont. campaign money ruling.”

James Vicini of Reuters reports that “US justices allow Montana corporation election spending.”

Mike Sacks of The Huffington Post reports that “Supreme Court Blocks Montana Campaign Finance Ban.”

Josh Gerstein of Politico.com has a blog post titled “Supreme Court blocks Montana campaign finance ruling.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Montana campaign ruling on hold.”

You can access today’s stay order of the U.S. Supreme Court at this link.

Posted at 11:32 PM by Howard Bashman



“Panel reinforces Ecuador award halt in Chevron case”: Reuters has a report that begins, “An arbitration panel reinforced an order that Ecuador’s government seek to suspend an $18 billion court award against U.S. oil company Chevron Corp over pollution in the South American country’s rainforest.” In addition, Alison Frankel’s “On the Case” from Thomson Reuters News & Insight reports that “Chevron says ‘back on offense’ v. Ecuadoreans after rulings.”

Dow Jones Newswires report that “Arbitrators Order Ecuador To Prevent Enforcement Of Judgment Vs Chevron.”

International Business Times has a report headlined “Double Victory For Chevron in Ecuador Pollution Case.”

And at WSJ.com’s “Law Blog,” Chad Bray has a post titled “Ecuadorean Plaintiffs Want Judge Off US Racketeering Case.”

Today, Chevron issued a news release headlined “International Arbitration Panel Orders Ecuador to Take ‘All Measures Necessary’ To Suspend Enforcement of the Lago Agrio Judgment.”

Posted at 6:20 PM by Howard Bashman



Federal Circuit applies aspect of Wal-Mart v. Dukes to the lawsuit brought by various federal judges arguing that Congress violated Article III’s Compensation Clause by blocking promised yearly cost-of-living salary adjustments: You can access today’s ruling of the U.S. Court of Appeals for the Federal Circuit at this link.

While application of the Dukes ruling benefited these federal judge-plaintiffs insofar as they were not directly bound by the result of a class action that they were not given an opportunity to opt-out from, the Federal Circuit’s substantive ruling on appeal in that class action case — rejecting the Compensation Clause claim at issue there — nevertheless remained binding precedent and thus forced the three-judge panel that issued today’s ruling to reject on the merits the appeal by these particular federal judge-plaintiffs.

Next, these federal judge-plaintiffs will need to decide whether to seek rehearing en banc in the Federal Circuit before seeking to take the case back to the U.S. Supreme Court.

Posted at 6:07 PM by Howard Bashman



“Feds Urge Court to Reject Laptop Decryption Appeal”: David Kravets has this post today at Wired.com’s “Threat Level” blog.

Posted at 5:46 PM by Howard Bashman



“NY appeals court orders NJ programmer’s acquittal”: The Associated Press has a report that begins, “A smiling former Goldman Sachs programmer has been freed after a surprise ruling from a federal appeals court that reversed his conviction on charges he stole computer code.”

Posted at 5:42 PM by Howard Bashman



“Obama nominates Pryor to appeals court”: Bill Rankin and Daniel Malloy of The Atlanta Journal-Constitution have an article that begins, “President Barack Obama on Thursday nominated Atlanta lawyer Jill Pryor to serve on the federal appeals court and fill a vacancy that has stood since August 2010.”

Alyson M. Palmer of The Fulton County Daily Report has a news update headlined “Obama nominates Jill Pryor for judge on 11th Circuit.”

Yesterday, the White House issued a news release headlined “President Obama Nominates Jill A. Pryor to Serve on the US Court of Appeals.”

Posted at 4:00 PM by Howard Bashman



“Texas Supreme Court justices say role of court is to interpret law”: This article appears today in The Midland Reporter-Telegram.

Posted at 8:22 AM by Howard Bashman



“D.C. Circuit Examines $3.4B Settlement In Native American Trust Case”: Mike Scarcella had this post yesterday at “The BLT: The Blog of Legal Times.”

Posted at 8:20 AM by Howard Bashman



“Solicitor general brings voice of reason to health care case”: Joan Biskupic has this article today in USA Today.

Greg Stohr of Bloomberg News has a report headlined “Health-Care Law May Mean Other Buying Mandates, Clement Says.”

And James Vicini of Reuters has a report headlined “Could Obama healthcare law force you to buy a car?

Online at C-SPAN, you can access at this link the video of yesterday’s media briefing on the health care cases at the National Press Club.

Posted at 8:14 AM by Howard Bashman



Thursday, February 16, 2012

In an opinion containing a paean to the U.S. Marshals Service, the Seventh Circuit affirms the conviction of a deputy U.S. Marshal found guilty of leaking information about a mob informant: You can access today’s ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.

In earlier coverage of the trial, The Chicago Tribune had articles headlined “U.S marshal trial: Jury convicts deputy U.S. marshal in mob-leak case” and “John Ambrose mob-leak trial: Witnesses in the dark.”

And coverage from The Associated Press included reports headlined “Convicted Marshal Going to Prison Where Dad Died; John Ambrose sentenced to Texas prison for leaking information about mob investigation” and “Deputy Marshal Guilty of Leaking Info to Mob.”

Posted at 1:06 PM by Howard Bashman



“Supreme Court should take on New York City’s rent control laws”: Columnist George F. Will has this op-ed today in The Washington Post.

Posted at 8:20 AM by Howard Bashman



Wednesday, February 15, 2012

“Obama’s recess appointments an abuse of power”: Law professor Jonathan Turley has this op-ed today in USA Today.

Turley one of three witnesses who testified today before the House Judiciary Committee at a hearing entitled “Executive Overreach: The President’s Unprecedented ‘Recess’ Appointment.” You can access video of the hearing via this link.

In coverage of the hearing, Main Justice reports that “Legal Challenge to Recess Appointments Likely, Experts Say.”

Posted at 10:09 PM by Howard Bashman



“Federal appeals court criticizes U.S. attorney’s office for Arizona”: Cronkite News has this report.

Today’s edition of Metropolitan News-Enterprise reports that “Panel Rejects Bid to Remove Prosecutor’s Name From Opinion; No ‘Shield of Anonymity’ for Wrongdoing Lawyers, Judges Say.”

And Ginny LaRoe of The Recorder reports that “Circuit Takes Hard Line When Asked to Go Easy on Prosecutor.”

My earlier coverage of yesterday’s Ninth Circuit order appears at this link.

Posted at 1:20 PM by Howard Bashman



“NYT reporter James Risen asks court to protect sources”: At Politico.com, Josh Gerstein has a blog post that begins, “Lawyers for New York Times reporter James Risen asked a federal appeals court on Tuesday to uphold a lower court’s rulings that federal prosecutors should not be able to question him about most details of his confidential sources for a 2006 book that described a botched Central Intelligence Agency program to sabotage Iran’s nuclear program.”

Posted at 7:52 AM by Howard Bashman



“U.S. Senate to vote Wednesday on Miami federal judge”: The Miami Herald has a blog post that begins, “The Senate is expected to vote at noon Wednesday to confirm Adalberto Jose Jordan, a Miami federal judge who was confirmed unanimously last year by the Senate Judiciary committee and who has the support of Florida Sens. Bill Nelson, a Democrat, and Marco Rubio, a Republican.”

And today in The Washington Post, columnist Dana Milbank has an op-ed entitled “Does the GOP care about Latino voters?

Posted at 7:40 AM by Howard Bashman



Tuesday, February 14, 2012

“Wednesday at the 2nd Circuit: venue battle in BofA MBS deal.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report.

Posted at 4:55 PM by Howard Bashman