How Appealing



Monday, February 6, 2012

“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



Sunday, February 5, 2012

“Obama could alter stance of federal appeals courts”: Mark Sherman of The Associated Press has an article that begins, “A second term for President Barack Obama would allow him to expand his replacement of Republican-appointed majorities with Democratic ones on the nation’s appeals courts, the final stop for almost all challenged federal court rulings.”

Posted at 12:55 PM by Howard Bashman



“Upper Macungie woman’s map made the redistricting difference; Amanda Holt’s work on map of state voting districts pivotal in court’s decision”: This article appeared yesterday in The Morning Call of Allentown, Pennsylvania.

And today in The Harrisburg Patriot-News, Heather Long has an essay entitled “Convincing a court to rethink redistricting” that begins, “Amanda Holt is Pennsylvania’s Erin Brockovich, albeit with a more conservative wardrobe and less swearing. The 29-year-old from Allentown almost single-handedly convinced the state Supreme Court to do what it has never done before: Reject the redistricting maps.”

Posted at 9:30 AM by Howard Bashman



Saturday, February 4, 2012

“Deters challenges Supreme Court justice on death penalty”: Today in The Cincinnati Enquirer, Dan Horn has an article that begins, “Hamilton County Prosecutor Joe Deters called on Friday for Ohio Supreme Court Justice Paul Pfeifer to stop deciding death penalty cases because of the justice’s recent public criticism of capital punishment.”

Posted at 1:20 PM by Howard Bashman



“Redistricting may delay Pennsylvania primary; State Supreme Court says legislative maps must be less divisive”: This article appears today in The Pittsburgh Post-Gazette.

The Philadelphia Inquirer reports today that “Legislators says rejection of Pa. redistricting imperils April primary.”

The Pittsburgh Tribune-Review reports that “High court gives reason for nixing redrawn districts.”

The Times Leader of Wilkes-Barre, Pennsylvania reports that “Court clarifies why redistricting plan nixed.”

The Allentown Morning Call reports that “Pennsylvania Supreme Court explains why it tore up state political map; Questions abound over impact on state primary election.”

The York Daily Record reports that “Local officials react to state Supreme Court redistricting decision; Local officials say they know little more now than they did before.”

And in The Unionville (Pa.) Times, Mike McGann has an essay entitled “Pileggi plan taken out by a piano teacher; State Senate Majority Leader — and our senator — taken to task for poor lines, poor time management on redistricting.”

My earlier coverage of the opinions that the Supreme Court of Pennsylvania issued yesterday in this case can be accessed here.

Posted at 1:10 PM by Howard Bashman



Friday, February 3, 2012

“Defenders seek 9/11 trial delay, blame Guantanamo legal mail dispute; This time, Pentagon defense lawyers are citing a new Guantanamo prison camp controversy involving inspection of confidential mail in their request for a delay in the Sept. 11 mass murder case”: Carol Rosenberg has this article today in The Miami Herald.

Posted at 11:22 AM by Howard Bashman



“Roommate-finder doesn’t facilitate discrimination, court rules; The 9th Circuit Court of Appeals finds Roommates.com and services like it aren’t obligated to force unwanted roommates on their clients; ‘There’s no place like home,’ the court says”: Carol J. Williams has this article today in The Los Angeles Times.

In today’s edition of The San Francisco Chronicle, Bob Egelko reports that “Court excepts roommate site from housing bias laws.”

And Terry Baynes of Reuters reports that “Roommate site does not violate housing laws.”

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

Posted at 11:20 AM by Howard Bashman



Attorney discipline, Seventh Circuit style: This blog does not go out of its way to focus on appellate court criticism of substandard attorney performance, because that’s not this blog’s main focus, and in all honesty those cases can be rather depressing.

Nonetheless, yesterday a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued a decision that is quite noteworthy, not only for its substance and style, but also for how many chances that court appears to have given the attorney in question to remedy her mistakes.

Bruce Vielmetti of The Milwaukee Journal Sentinel covers the ruling today in a blog post titled “7th Circuit disbars well known Milwaukee lawyer.”

Posted at 11:11 AM by Howard Bashman



View online the BYU 2012 Law Review Symposium panel discussion titled “Reporting on the Nation’s Highest Court”: As detailed here, participating in the panel discussion were Lyle Denniston, Adam Liptak, Dahlia Lithwick, and Tony Mauro. You can launch the video of the panel discussion by clicking here.

Posted at 11:02 AM by Howard Bashman



“Federal Court to Decide Whether Former Abu Ghraib Prisoners Can Sue U.S. Contractors for Damages”: Ariane de Vogue of ABC News has this report.

Posted at 10:37 AM by Howard Bashman



Thursday, February 2, 2012

“Court orders Prop. 8 trial videos to remain sealed”: Bob Egelko of The San Francisco Chronicle has this news update.

Howard Mintz of The San Jose Mercury News has an update headlined “Proposition 8 gay marriage ban trial video release denied.”

Maura Dolan of The Los Angeles Times has a blog post titled “Gay marriage proponents decry ruling on Proposition 8 trial video.”

Warren Richey of The Christian Science Monitor has an article headlined “Judges bar viewing of gay marriage trial videos: what they’re protecting; A federal appeals court rejected the release of video recordings of a landmark gay marriage trial, saying the trial judge’s order to keep them under wraps must be honored to preserve judicial integrity.”

Dan Levine of Reuters reports that “Gay marriage trial videos should stay under wraps-ruling.”

Bloomberg News reports that “Proposition 8 Trial Video to Remain Sealed as Court Considers Gay Marriage.”

And Ariane de Vogue of ABC News has a blog post titled “Federal Court Blocks Release of Videotapes of 2010 Prop 8 Trial.”

My earlier coverage of today’s Ninth Circuit ruling appears at this link.

Posted at 10:36 PM by Howard Bashman



“GOP wary of Mike Lee’s battle with Obama”: The Salt Lake Tribune has a news update that begins, “Senate Republicans have thrashed President Barack Obama for making recess appointments they call unconstitutional. But none of them appears to support Sen. Mike Lee’s plan to retaliate by resisting every nomination the president makes.”

Posted at 10:28 PM by Howard Bashman



“Court rules against abortion protester”: The Philadelphia Daily News has an update that begins, “An antiabortion protester who was arrested for refusing to move to another spot on Independence Mall in 2007 can’t collect damages from two park rangers who detained him, a federal appeals court in Philadelphia ruled Thursday.”

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

Posted at 10:06 PM by Howard Bashman



Ninth Circuit rejects federal Fair Housing Act and California Fair Employment and Housing Act claims against Roommate.com for allowing users to select roommates based on their sex, sexual orientation, and familial status: You can access today’s ruling of a partially-divided three judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link. Chief Judge Alex Kozinski wrote the majority opinion.

Posted at 1:20 PM by Howard Bashman



“[W]e conclude that the district court abused its discretion by ordering the unsealing of the recording of the trial notwithstanding the trial judge’s commitment to the parties that the recording would not be publicly broadcast.” You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit on the issue of the public release of the Proposition 8 federal district court trial videos at this link.

The unanimous three-judge panel’s opinion concludes, “For the reasons discussed above, we reverse the order of the district court as an abuse of its discretion and remand with instructions to maintain the trial recording under seal.” Circuit Judge Stephen Reinhardt wrote the opinion of the Court.

In early news coverage, The Associated Press reports that “Court won’t release CA gay marriage trial videos.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Prop. 8: Video release barred.”

Posted at 1:06 PM by Howard Bashman