How Appealing



Sunday, February 12, 2012
Saturday, February 11, 2012

“Rakoff: DOJ may have engaged in a ‘shuffle’ in SCOTUS brief.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report.

Posted at 8:55 PM by Howard Bashman



Friday, February 10, 2012

“Ginsburg questions 1973 abortion ruling’s timing”: The Associated Press has a report that begins, “Supreme Court Justice Ruth Bader Ginsburg suggested Friday that her predecessors on the high court mistimed the milestone 1973 Roe v. Wade case that legalized abortion nationwide.”

Posted at 4:12 PM by Howard Bashman



“Gay Marriage Ruling, Written To Appeal To Justice Kennedy, Could Backfire”: Mike Sacks of The Huffington Post has this report.

Posted at 4:00 PM by Howard Bashman



“Rubashkin Hires Former SG Paul Clement for Supreme Court Challenge”: Ryan Koopmans has this post today at the “On Brief” blog, which focuses on appellate developments in Iowa.

Posted at 2:24 PM by Howard Bashman



Today’s “Petition of the day” at “SCOTUSblog”: Miguel A. Estrada‘s petition for writ of certiorari in Comcast Corp. v. Behrend, presenting the question:

Whether a district court may certify a class action without resolving “merits arguments” that bear on Federal Rule of Civil Procedure 23’s prerequisites for certification, including whether purportedly common issues predominate over individual ones under Rule 23(b)(3).

You can access the Third Circuit‘s ruling in the case at this link.

Posted at 1:18 PM by Howard Bashman



“High court asked to undo Mont. campaign money ban”: The Associated Press has a report that begins, “Corporations are asking the Supreme Court to allow them to spend freely to influence upcoming elections in Montana, despite a state high court ruling upholding a ban on independent corporate campaign spending.”

And at “The BLT: The Blog of Legal Times,” Marcia Coyle has a post titled “Montana Independent Expenditure Challengers Ask Justice Kennedy To Stay Lower Court Ruling.”

Update: You can view the stay application filed in the U.S. Supreme Court at this link.

Posted at 12:30 PM by Howard Bashman



Programming note: Due to an out-of-town court appearance related to an appeal that I’m working on, additional posts will not appear here until midday today.

Posted at 5:14 AM by Howard Bashman



Thursday, February 9, 2012

“Mike Lee continues lonely fight against Obama”: The Salt Lake Tribune has a news update that begins, “Sen. Mike Lee voted against a judicial nominee from California on Thursday, keeping up his lonely protest against President Barack Obama’s recess appointments.”

Posted at 8:20 PM by Howard Bashman



“Obama, Congress must fill lower federal court openings”: Law professor Carl Tobias has this essay online at the McClatchy Newspapers web site.

Posted at 8:14 PM by Howard Bashman



“Both sides arguing pardons case today”: Today’s edition of The Clarion-Ledger of Jackson, Mississippi contains an article that begins, “Based on arguments presented today, the Mississippi Supreme Court could decide that most of former Gov. Haley Barbour’s 200-plus pardons are not valid. Or, the state high court could decide the governor’s pardon power is absolute and cannot be reviewed by judges.”

The Supreme Court of Mississippi‘s live oral argument video stream can be accessed by clicking here.

Posted at 12:03 PM by Howard Bashman



“States line up to challenge stringent Section 5 voting rights provision”: Robert Barnes of The Washington Post has this report.

Posted at 11:52 AM by Howard Bashman



“Group wants Supreme Court to save war memorial”: The Associated Press has a report that begins, “Supporters of a war memorial cross deemed unconstitutional last year by a federal court plan to ask the Supreme Court to reverse the decision, amid a growing fight nationwide over the use of religious symbols to honor fallen troops.”

Posted at 8:06 AM by Howard Bashman



Wednesday, February 8, 2012

“Malaysian professor on ‘no-fly’ list wins chance to argue her case in U.S. courts”: The San Jose Mercury News has this update.

Terry Baynes of Reuters reports that “Former doctoral student can sue over no-fly list.”

The Associated Press has a report headlined “Court: Stanford student on ‘no-fly list’ can sue.”

And at Wired.com’s “Threat Level” blog, David Kravets has a post titled “Court Revives Challenge to No-Fly List.”

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

Posted at 10:40 PM by Howard Bashman



“Appeals court halts deportation of 7 immigrants”: The Associated Press has a report that begins, “A San Francisco-based federal appeals court is putting the Obama administration’s new immigration directive to the test by halting the deportation of seven immigrants alleged to be in the country illegally.”

Posted at 5:10 PM by Howard Bashman



Sesame Street: Sonia Sotomayor — “The Justice Hears a Case.” Video of Justice Sotomayor’s recent appearance on “Sesame Street” is now available online via YouTube at this link.

My earlier coverage appears here.

Posted at 11:33 AM by Howard Bashman