How Appealing



Friday, March 9, 2012

“Plaintiff challenging healthcare law went bankrupt — with unpaid medical bills; Obama administration lawyers say her case is an example of why an insurance mandate is needed to prevent ‘uncompensated care that will ultimately be paid by others'”: David G. Savage has this article today in The Los Angeles Times.

And today’s edition of The New York Times contains a front page article headlined “White House Works to Shape Debate Over Health Law.”

Posted at 9:06 AM by Howard Bashman



Thursday, March 8, 2012

“Miss. Supreme Court rules Barbour pardons valid”: The Associated Press has a report that begins, “The Mississippi Supreme Court upheld the pardons issued by former Gov. Haley Barbour during his final days in office, including several that freed convicted killers.”

You can access today’s 6-to-3 ruling of the Supreme Court of Mississippi at this link.

Posted at 3:33 PM by Howard Bashman



“Federal appeals court hears Proposal 2 case”: Today’s edition of The Michigan Daily contains an article that begins, “Parties advocating for and against the state’s ban on affirmative action were back in court yesterday as a federal appeals court heard arguments pertaining to the policy’s constitutionality.”

Posted at 2:33 PM by Howard Bashman



“In the fable of the cat’s paw (a fable offensive to cats and cat lovers, be it noted), a monkey who wants chestnuts that are roasting in a fire persuades an intellectually challenged cat to fetch the chestnuts from the fire for the monkey, and the cat does so but in the process burns its paw.” Circuit Judge Richard A. Posner issued this opinion today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.

Update: Terry Baynes of Reuters reports that “Law based on animal fable confuses jurors, lawyers and judges.”

Posted at 12:52 PM by Howard Bashman



“It is time for cameras in the courtroom”: Online at The Hill, U.S. Representative Gerald E. Connolly (D-VA) has a blog post that begins, “There is one thing on which Republicans and Democrats, not to mention a majority of the public, agree when it comes to the health insurance reform law: This month’s Supreme Court hearings on the constitutionality of that landmark legislation ought to be televised so the public can hear the oral arguments on a case that will affect the lives of every American.”

Posted at 10:47 AM by Howard Bashman



“New trial ordered in death of inmate forced to wear pink underwear; Appellate panel says judge should have allowed testimony that the dress code imposed by Sheriff Joe Arpaio in an Arizona county so traumatized a schizophrenic man that it may have caused his death”: 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 “Wrongful death suit over pink underwear reinstated.”

And Cronkite News reports that “New trial ordered over Arpaio’s pink-underwear policy for inmates.”

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

Posted at 10:28 AM by Howard Bashman



“Judge needs to take a break”: Today’s edition of The Philadelphia Inquirer contains an editorial that begins, “New testimony in the political corruption trial of State Sen. Jane Orie makes it even more obvious that her sister, Justice Joan Orie Melvin, should step down at least temporarily from the state Supreme Court.”

Posted at 10:06 AM by Howard Bashman



Wednesday, March 7, 2012

“What’s the question? Two sides in Toyota can’t agree on ‘economic loss.'” Erin Geiger Smith has this report at Alison Frankel’s “On the Case” from Thomson Reuters News & Insight.

Posted at 2:42 PM by Howard Bashman



“Seventh Circuit Panel Invites En Banc Petition Regarding Reassignment”: At his “Disability Law” blog, law professor Samuel R. Bagenstos has a post that begins, “As ADA mavens know, there is a persistent conflict in the circuits regarding the scope of an employer’s duty, as a reasonable accommodation, to reassign an employee with a disability to a vacant position.”

You can access today’s Seventh Circuit ruling at this link.

Posted at 2:36 PM by Howard Bashman



“Affirmative action fight goes on”: Today’s edition of USA Today contains an article that begins, “Affirmative action in college admissions is back on the national radar as the Supreme Court is likely to hear a case involving the University of Texas this year. But a high court ruling may not settle this divisive debate.”

Posted at 12:22 PM by Howard Bashman



“Antonin Scalia’s ObamaCare Problem: The Obama administration repeatedly cites the conservative Supreme Court justice in defense of its health care overhaul.” Damon W. Root has this essay online at Reason.

Posted at 10:14 AM by Howard Bashman



“Court to debate Mich. affirmative action ban; Case stems from suit against consideration of race in admissions”: Today’s edition of The Detroit News contains a front page article that begins, “Michigan’s 5-year-old affirmative action ban will be debated today before a federal appeals court in a case that pits those who say the law embodies the spirit of America’s equal opportunities against those who say it undermines diversity and democracy.”

Posted at 10:09 AM by Howard Bashman



“US Supreme Court Looking At New York Rent Control: UWS Building The Focus Of Constitutional Debate.” The Huffington Post has this report.

Posted at 8:14 AM by Howard Bashman



“The Arch Conservative Who Holds The Key To A Supreme Court Obamacare Victory”: Rick Ungar has this essay online at Forbes.

Posted at 8:12 AM by Howard Bashman



“Casino license row heads to top court; Lawyers will argue their cases today”: This article appears today in The Pittsburgh Post-Gazette.

Posted at 8:05 AM by Howard Bashman



Tuesday, March 6, 2012

“ACCA en banc denial splits Fourth Circuit 7-7 and produces sharp opinions”: Douglas A. Berman has this post at his “Sentencing Law and Policy” blog. You can access today’s order of the U.S. Court of Appeals for the Fourth Circuit denying en banc review and the opinions concurring in and dissenting from that order at this link.

At “walshslaw,” law professor Kevin C. Walsh covered the ruling of the original divided three-judge Fourth Circuit panel in a post titled “Fourth Circuit ACCA decision on divorced-from-reality law professor hypotheticals, common sense, and floating fast-food restaurants.”

Posted at 10:40 PM by Howard Bashman