How Appealing



Monday, April 30, 2012

“Originalist Sin: A brilliant article shows that the Founding Fathers not only supported mandates, they passed laws imposing them; Take that, Scalia!” Eliot Spitzer has this essay online at Slate.

Posted at 12:14 PM by Howard Bashman



“Appeals court nominee from Oklahoma still awaiting U.S. Sen. Tom Coburn’s consent for hearing”: This article appears today in The Oklahoman.

Posted at 12:08 PM by Howard Bashman



“Carter Phillips to Lead Sidley Austin”: At “The BLT: The Blog of Legal Times,” Tony Mauro has a post that begins, “Veteran Supreme Court advocate Carter Phillips will become chair of Sidley Austin’s worldwide executive committee in 2013, the firm announced Sunday.”

Posted at 10:27 AM by Howard Bashman



Sunday, April 29, 2012

“High court’s stance could spur immigration laws”: The Associated Press has a report that begins, “Emboldened by signals that the U.S. Supreme Court may uphold parts of Arizona’s immigration law, legislators and activists across the country say they are gearing up to push for similar get-tough measures in their states.”

Posted at 1:48 PM by Howard Bashman



“Under the U.S. Supreme Court: Affirmative action headin’ for a Texas showdown.” Michael Kirkland of UPI has this report.

Posted at 8:54 AM by Howard Bashman



Saturday, April 28, 2012

“D.C. Circuit Fills in Some Blanks in Guantanamo Mad Libs Opinion”: The blog “D.C. Circuit Review” has this post.

Posted at 3:00 PM by Howard Bashman



“Fetish filmmaker convicted of obscenity charges; Ira Isaacs, who made and sold fetish movies, could face up to 25 years; The Web ‘superstore’ owner, who sometimes acted in his own productions, argued he was an artist protected by the 1st Amendment”: This article appears today in The Los Angeles Times.

The Associated Press reports that “Adult film producer convicted in obscenity trial.”

Mark Kernes of AVN News reports that “Isaacs Guilty On All Counts in L.A. Obscenity Trial.”

And XBIZ Newswire reports that “Ira Isaacs Found Guilty on Five Counts of Federal Obscenity.”

Posted at 10:15 AM by Howard Bashman



Friday, April 27, 2012

“Dukes-ing it out: Wal-Mart versus Concepcion, one year later.” Erin Geiger Smith has this report at Alison Frankel’s “On the Case” from Thomson Reuters News & Insight.

Posted at 5:23 PM by Howard Bashman



“Justices, Advocates Gather at Georgetown Law”: Tony Mauro has this post today at “The BLT: The Blog of Legal Times.”

Posted at 12:20 PM by Howard Bashman



Thursday, April 26, 2012

“Congratulations to Georgetown’s Supreme Court Institute”: Randy Barnett has this post at “The Volokh Conspiracy.”

Posted at 8:36 PM by Howard Bashman



“Justice Kagan Headlines Sixth Circuit Conference”: This post, in which the “How Appealing” blog is mentioned, appears today at the “Sixth Circuit Appellate Blog.”

Posted at 6:14 PM by Howard Bashman



“Lee Holds Fast to Principle with ‘No’ Votes for Judicial Nominees”: Todd Ruger has this post at “The BLT: The Blog of Legal Times.”

Posted at 3:36 PM by Howard Bashman



Wednesday, April 25, 2012

“Health care debate: high stakes for those with HIV.” The Associated Press has an article that begins, “For many HIV-positive Americans, and those who advocate on their behalf, these are days of anxious waiting as the Supreme Court ponders President Barack Obama’s health care overhaul.”

Posted at 10:24 PM by Howard Bashman



“Supreme Court hears Arizona immigration law; SB 1070 supporters hopes for enforcement bolstered by justices’ questions”: The Arizona Republic has this news update.

Adam Liptak of The New York Times has a news update headlined “Justices Seem Sympathetic to Central Part of Arizona Law.”

Robert Barnes of The Washington Post has a news update headlined “Arizona immigration law: Supreme Court seems receptive to parts of crackdown.”

David G. Savage of The Los Angeles Times has a news update headlined “Supreme Court skeptical of striking down Arizona immigration law.”

And Michael Doyle of McClatchy Newspapers has an article headlined “Many questions as Supreme Court hears Arizona immigration case.”

Posted at 2:41 PM by Howard Bashman



“Supreme Court appears to back Arizona on immigration”: James Vicini and Joan Biskupic of Reuters have this report.

Greg Stohr of Bloomberg News reports that “Arizona’s Immigration Crackdown Gets Support at Top Court.”

Mike Sacks of The Huffington Post has an article headlined “SB 1070: Supreme Court Appears To Favor Arizona On Controversial Immigration Law.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Argument recap: A choice between radical and reasonable?

Update: You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Arizona v. United States, No. 11-182.

Posted at 1:15 PM by Howard Bashman



“Supreme Court takes up Arizona immigration law”: Mark Sherman of The Associated Press has a report that begins, “The Supreme Court appears ready to allow Arizona to enforce a state law provision that requires police officers to check the immigration status of people they think are in the country illegally.”

Posted at 12:07 PM by Howard Bashman



Access online today’s ruling of the U.S. Supreme Court in an argued case: Justice Stephen G. Breyer delivered the opinion of the Court (except as to one subsection of the opinion) in United States v. Home Concrete & Supply, LLC, No. 11-139. Justice Antonin Scalia issued an opinion concurring in part and concurring in the judgment. Justice Anthony M. Kennedy issued a dissenting opinion, in which Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan joined. You can access the oral argument via this link.

Update: In early news coverage, The Associated Press reports that “Court says IRS has 3 years in tax shelter case.”

Posted at 10:06 AM by Howard Bashman



File under the heading “I thought I was mistaken once, but I was wrong”: In today’s edition of The Wall Street Journal, Jess Bravin has an article headlined “Deportation Practices Shift” that begins, “The Justice Department said Tuesday that it inadvertently misled the Supreme Court in January 2009 by asserting that officials routinely ‘facilitate’ the return of erroneously deported immigrants, but it said new procedures would now ensure that the government’s practices matched its earlier assertions.”

Posted at 9:16 AM by Howard Bashman



“U.S. Supreme Court Justice Samuel Alito Says Pragmatism, Stability Should Guide Court; Addresses Jurisprudence at Law School Conference on Burkean Constitutionalism”: Columbia Law School issued this news release yesterday.

Posted at 9:14 AM by Howard Bashman



“SB 1070 supporters, opponents are clashing in Washington”: This article appears today in The Arizona Republic.

On today’s broadcast of NPR’s “Morning Edition,” Nina Totenberg had an audio segment entitled “Controversial Arizona Law Reaches Supreme Court.”

Today’s edition of The New York Times contains an editorial entitled “Arizona and Interposition.”

And The Washington Post contains an editorial entitled “Supreme Court takes up Arizona’s immigration law.”

Posted at 8:14 AM by Howard Bashman