How Appealing



Thursday, May 31, 2012

“Legislative Panel Rejects 2nd Christie Pick to Supreme Court”: Friday’s edition of The New York Times will contain an article that begins, “A New Jersey Senate panel rejected on Thursday the second of two men nominated by Gov. Chris Christie to the state’s highest court, dealing another blow to the governor’s attempt to reshape what he has criticized as an overly liberal and activist institution.”

The Newark Star-Ledger has a news update headlined “Gov. Chris Christie upset after Bruce Harris nomination rejected for state Supreme Court.”

And The Record of Bergen County, New Jersey has a news update headlined “Christie calls rejection of Supreme Court nominee Harris ‘political assassination.’

Posted at 8:32 PM by Howard Bashman



“U.S. Argues to Preserve GPS Tracking”: In Friday’s edition of The Wall Street Journal, Julia Angwin and Jess Bravin will have an article that begins, “The U.S. government told a federal appeals court Thursday that it still has the right to place Global Positioning System tracking devices on cars without obtaining a search warrant–despite a January Supreme Court ruling that the warrantless installation of such a device violated the Constitution.”

You can access via this link the audio of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.

Posted at 8:12 PM by Howard Bashman



“A return ticket to SCOTUS? The 2nd Circuit declines to rehear AmEx decision.” Erin Geiger Smith has this report at Alison Frankel’s “On the Case” from Thomson Reuters News & Insight.

Posted at 6:20 PM by Howard Bashman



“Appellate court denies juror’s petition on Facebook postings”: The Sacramento Bee has a blog post that begins, “The California 3rd District Court of Appeal today denied a petition filed on behalf of a Sacramento juror who fought a judge’s order to make available his Facebook postings written while he was sitting on a jury on a gang beating case.”

You can access today’s ruling of California’s Third District Court of Appeal at this link.

The appellate court’s opinion begins, “Following the conviction of real parties in interest for various offenses stemming from an assault, respondent court learned that one of the trial jurors, fictitiously-named Juror Number One, had posted one or more items on his Facebook account concerning the trial while it was in progress, in violation of an admonition by the court.”

Posted at 5:14 PM by Howard Bashman



“Senate committee rejects Christie N.J. Supreme Court nominee Bruce Harris”: MaryAnn Spoto of The Newark Star-Ledger has a news update that begins, “Dealing Gov. Chris Christie his second bitter defeat over a high-ranking judicial appointment, the Senate Judiciary Committee today rejected the nomination of Mayor Bruce Harris of Chatham Borough to the state Supreme Court.”

And The Associated Press reports that “Democrats nix Christie’s 2nd NJ Supreme Court pick.”

Posted at 3:54 PM by Howard Bashman



“Feds Want Warrantless Spying Loss Overturned, Saying the Law Can’t Touch Them”: At Wired.com’s “Threat Level” blog, David Kravets has a post that begins, “The Obama administration is set to argue to a federal appeals court Friday that the government may breach, with impunity, domestic spying laws adopted in the wake of President Richard M. Nixon’s Watergate scandal.”

Posted at 1:00 PM by Howard Bashman



“Court: Heart of gay marriage law unconstitutional.” The Associated Press has a report that begins, “An appeals court ruled Thursday that the heart of a law that denies a host of federal benefits to gay married couples is unconstitutional.”

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

Update: In other coverage, at “SCOTUSblog,” Lyle Denniston has a post titled “DOMA ban on gay marriage falls.”

Posted at 10:53 AM by Howard Bashman



“Jury awards $3 million in man’s sex death”: The Atlanta Journal-Constitution today contains an article that begins, “A Gwinnett County jury on Tuesday awarded $3 million in a medical malpractice lawsuit to survivors of a 31-year-old husband and father of two who died while having sex one day before he was scheduled to have a heart stress test.”

According to the article, “The unusual lawsuit arose after the Lawrenceville man died on March 12, 2009, while engaging in a threesome with a friend and a woman who was not his wife.” The article goes on to report that the defendants plan to appeal.

Posted at 10:02 AM by Howard Bashman



“Citizens United Attacks From Justice Stevens Continue”: Mike Sacks of The Huffington Post has this report.

Greg Stohr of Bloomberg News reports that “Stevens Questions Court’s Commitment To Campaign Ruling.”

James Vicini of Reuters reports that “Retired justice says campaign finance ruling made cash king.”

And at CNN.com, Bill Mears reports that “Former Justice Stevens criticizes court over campaign spending rulings.”

My earlier coverage of retired Justice John Paul Stevens’ remarks last night can be accessed here.

Posted at 9:30 AM by Howard Bashman



“Court rejects 1917 CA law on defaming banks”: In today’s edition of The San Francisco Chronicle, Bob Egelko has an article that begins, “A state appeals court has ordered the dismissal of an Oakland bank’s suit against a vociferous online critic and struck down a 95-year-old state law that makes it a crime to make false statements or spread false rumors about a bank’s financial condition.”

Bay City News Service reports that “Court dismisses Oakland bank’s libel suit over Craigslist rant.”

And Metropolitan News-Enterprise reports that “C.A. Invalidates Statute Criminalizing Defamation of Bank; Unconstitutionality of Law Precludes Invoking It as a Defense to Anti-SLAPP Motion, First District Says.”

You can access Tuesday’s ruling of California’s First District Court of Appeal at this link.

Posted at 9:24 AM by Howard Bashman



“Montana bucks the court”: Washington Post columnist George F. Will has an op-ed that begins, “Montana uses an interesting argument to justify defiance of a Supreme Court decision: Because the state is particularly prone to political corruption, it should be trusted to constrict First Amendment protections of political speech.”

Posted at 7:38 AM by Howard Bashman