How Appealing



Thursday, May 24, 2012

“What a Nobel Prize-Winning Economist Can Teach Us About Obamacare: Ronald Coase’s example of farmers and ranchers shows that the insurance is mandate about responsibility, not liberty.” Kevin Caves and law professor Einer Elhauge have this post online at The Atlantic.

Posted at 11:24 AM by Howard Bashman



“Occupy the Docket: How the Supreme Court Selects the 1%.” Nicholas J. Wagoner has this post today at the “Circuit Splits” blog.

Posted at 10:15 AM by Howard Bashman



Access online today’s rulings in argued cases of the U.S. Supreme Court: Justice Antonin Scalia delivered the opinion for a unanimous Court in Freeman v. Quicken Loans, Inc., No. 10-1042. You can access the oral argument via this link.

And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Blueford v. Arkansas, No. 10-1320. Justice Sonia Sotomayor issued a dissenting opinion, in which Justices Ruth Bader Ginsburg and Elena Kagan joined. You can access the oral argument via this link.

Update: In early news coverage, The Associated Press has a report headlined “Court: Families cannot sue over loan discount fee.”

Posted at 10:04 AM by Howard Bashman



“Justices uphold state smoking ban; Harrison West bar’s challenge rejected; state can pursue $2.5 million in outstanding fines”: This article appears today in The Columbus Dispatch.

The Cleveland Plain Dealer reports today that “Ohio Supreme Court upholds state’s indoor smoking ban.”

Jim Provance of The Toledo Blade reports that “Smoking ban upheld by justices; Ohio Supreme Court rules unanimously.”

And Dan Horn of The Cincinnati Enquirer reports that “Ban upheld but enforcement hazy; Violators still don’t pay most fines.”

You can access yesterday’s ruling of the Supreme Court of Ohio at this link. In addition, the court’s Public Information Office issued a news release headlined “Supreme Court Upholds Ohio’s Smoke Free Workplace Law; Enforcement of Law Against Columbus Tavern Is Not Unconstitutional ‘Taking’ of Property.”

Posted at 8:40 AM by Howard Bashman



“High court pick has ‘his work cut out for him'”: The Record of Bergen County, New Jersey today contains an article that begins, “His nomination has yet to be heard, but already Democratic leaders have dismissed the first openly gay man picked for the Supreme Court, civil rights advocates are softening their support for him and Republicans are left struggling to prevent a second rejection of Governor Christie’s nominees.”

Posted at 8:02 AM by Howard Bashman



“GOP activist asks tenure panel to review judge’s real estate transactions”: In today’s edition of The Detroit Free Press, Dawson Bell has an article that begins, “A veteran Republican activist and court watcher asked the Michigan Judicial Tenure Commission to investigate a series of real estate transactions conducted by state Supreme Court Justice Diane Hathaway that he said appear to have been unethical, if not illegal.”

Posted at 8:00 AM by Howard Bashman



“Step down: Justice Joan Orie Melvin has compromised the integrity of the state’s Supreme Court.” This editorial appears today in The Patriot-News of Harrisburg, Pennsylvania.

Posted at 7:58 AM by Howard Bashman



“Admissions Goes to Court”: The Harvard Crimson has a report that begins, “As attorneys representing the University of Texas prepare to defend the school’s affirmative action policies before the Supreme Court this fall, they face an uphill battle. Legal experts say that the Roberts Court is poised to rule against Texas’ policies aimed at increasing racial diversity. The attorneys reporting to Texas are also indirectly defending Harvard, which originally laid the groundwork for affirmative action as it is used today.”

Posted at 7:54 AM by Howard Bashman



“Is Justice Ginsburg Risking the Future of the Supreme Court? The calls for her retirement started last year — she’s nearly 80 and a two-time cancer survivor — but Ruth Bader Ginsburg isn’t going anywhere.” Chris Geidner has this essay online at The Daily Beast.

Posted at 7:40 AM by Howard Bashman



Wednesday, May 23, 2012

“9/11 accused want Obama, Bush testimony at Guantanamo; Lawyers for the alleged Sept. 11 conspirators are seeking testimony from presidents and others as part of a pretrial motion to get the case dismissed on grounds of unlawful political influence by senior U.S. officials”: Carol Rosenberg of The Miami Herald has this news update.

And at his “Under the Radar” blog at Politico.com, Josh Gerstein has a post titled “Judge demands Guantanamo videos.”

Posted at 10:56 PM by Howard Bashman



“US appeals court clarifies piracy definition”: The Associated Press has a report that begins, “A federal appeals court ruled Wednesday on the legal definition of piracy, saying an armed attack on a U.S. vessel can be considered piracy even if no one ever boards or robs the ship.”

Terry Baynes of Reuters has an article headlined “Piracy includes failed attempts — court.”

And at “walshslaw,” Kevin C. Walsh has a blog post titled “Somali pirates lose on appeal: Fourth Circuit affirms piracy convictions in U.S.S. Nicholas prosecution and reverses dismissal of piracy count in U.S.S. Ashland prosecution.”

You can access today’s ruling of the U.S. Court of Appeals for the Fourth Circuit at this link. And you can access at this link a second, related Fourth Circuit ruling that issued today.

Posted at 4:30 PM by Howard Bashman



“Ted Kaczynski, the Unabomber, lists himself in Harvard 1962 alumni report; says ‘awards’ include eight life sentences”: The Boston Globe has this news update.

Posted at 3:42 PM by Howard Bashman



“Justice Scalia Comes Home to the Law School”: Jerry de Jaager has this article in the Spring 2012 issue of the alumni magazine of The University of Chicago Law School.

Posted at 3:33 PM by Howard Bashman



Programming note: A trip to the Pennsylvania Judicial Center in Harrisburg, Pennsylvania in connection with an appeal that I am working on will have me away from the computer for a while. Additional posts should appear here later this afternoon.

Posted at 8:24 AM by Howard Bashman



“Obama Health Care Hangs On Clause Queried By U.S. Court”: Greg Stohr of Bloomberg News has an article that begins, “When the U.S. Supreme Court upheld the 1964 Civil Rights Act, the justices said next to nothing about racial equality, the ideal that drove the landmark law’s enactment. Instead, the court cited the constitutional clause that lets Congress regulate interstate commerce, saying the law barred discrimination at hotels and restaurants used by travelers moving across state lines.”

Posted at 7:54 AM by Howard Bashman



“Gov. Christie’s N.J. Supreme Court nominee will not clear Senate Judiciary Committee, sources say”: In today’s edition of The Newark Star-Ledger, MaryAnn Spoto has an article that begins, “The nomination of Mayor Bruce Harris of Chatham Borough to the state Supreme Court appears doomed because he does not have enough votes to clear the Senate Judiciary Committee next Thursday, sources familiar with the panel’s deliberations told The Star-Ledger.”

Posted at 7:50 AM by Howard Bashman



“The Barnes and the (new) purpose of art”: Tyler Green has this post at the “Modern Art Notes” blog.

And a blog created “in order to keep track of the differences between the art as it was, in Merion, and as it is, in Philadelphia” is titled “NewBarnesFoundation.”

Posted at 7:33 AM by Howard Bashman



Tuesday, May 22, 2012

“Steve Bullock, Montana Attorney General, Takes A Stand In Citizens United Sequel”: Mike Sacks of The Huffington Post has this report.

Posted at 11:44 PM by Howard Bashman



“GOP senators question judicial conference on Maui”: The Associated Press has a report that begins, “Hawaii officials defended the islands Tuesday as a place of business amid criticism from two key U.S. senators who questioned the decision to hold an upcoming conference for federal judges on Maui.”

Posted at 9:00 PM by Howard Bashman



“Montana Attorney General Race Rocked By Out-Of-State Corporate Donations In Wake Of Citizens United”: Matt Sledge of The Huffington Post has this report.

Posted at 5:12 PM by Howard Bashman



“Targeting John Roberts: The left tries to intimidate the High Court on ObamaCare.” This editorial appears today in The Wall Street Journal.

Posted at 4:20 PM by Howard Bashman



“SCOTUS to Federal Circuit: Think harder about what’s patentable.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report.

Posted at 4:11 PM by Howard Bashman



“San Francisco gay marriage case goes to federal appeals court in September”: Howard Mintz of The San Jose Mercury News has an update that begins, “A federal appeals court will hear arguments in September in a legal challenge to the federal ban on same-sex marriage benefits.”

You can access today’s order of the U.S. Court of Appeals for the Ninth Circuit denying the petition for initial hearing en banc in Golinski v. US OPM at this link.

Posted at 4:09 PM by Howard Bashman