How Appealing



Tuesday, May 22, 2012

“Corporations Are People, Too: Jeffrey Toobin plays fast and loose in his assault on Citizens United.” Law professor Richard A. Epstein has this essay online today at the “Defining Ideas” site of the Hoover Institution.

Posted at 3:04 PM by Howard Bashman



“Supreme Court rules twins conceived posthumously can’t get Social Security benefits”: Robert Barnes has this article today in The Washington Post.

In today’s edition of The Los Angeles Times, David G. Savage has an article headlined “Supreme Court rejects widow’s claim in Social Security case; Children conceived in vitro from her late husband’s sperm are not automatically entitled to survivors benefits, justices agree; The court also rules in an immigration case.”

And Jess Bravin of The Wall Street Journal reports that “Justices Deny Benefits to In-Vitro Twins.”

Posted at 2:51 PM by Howard Bashman



“Bush Era Surveillance Program Headed to Supreme Court”: This audio segment featuring Adam Liptak appeared on today’s broadcast of “The Takaway.”

In today’s edition of The Washington Post, Robert Barnes reports that “Supreme Court agrees to hear case on electronic surveillance.”

And Warren Richey of The Christian Science Monitor has an article headlined “Can US group challenge overseas surveillance act? Supreme Court to decide; The US Supreme Court agreed to examine whether a group of US-based lawyers, activists, and journalists can challenge a Bush-era law authorizing broad surveillance overseas.”

Posted at 2:38 PM by Howard Bashman



“Could vacant 11th Circuit seat allow compromise? Edmondson’s taking senior status could let Obama, Ga. senators pick Jill Pryor and Mark Cohen; lawyer is doubtful deal would happen.” Alyson M. Palmer has this article today in The Fulton County Daily Report.

Posted at 8:45 AM by Howard Bashman



“Joan Orie Melvin claims a political vendetta”: Today’s edition of The Pittsburgh Post-Gazette contains an article that begins, “In the weeks leading up to Friday’s indictment of state Supreme Court Justice Joan Orie Melvin, an attorney for the justice sought to have a member of the state Judicial Conduct Board recuse himself, claiming he had a connection to Allegheny County District Attorney Stephen A. Zappala Jr.”

You can access at this link the formal charges that the Pennsylvania Judicial Conduct Board issued last Friday against Pa. Supreme Court Justice Joan Orie Melvin.

And in other coverage, yesterday Jeff Blumenthal of the Philadelphia Business Journal had a blog post titled “Pa. bar chief doesn’t call for Melvin resignation.”

Posted at 8:34 AM by Howard Bashman



Monday, May 21, 2012

“Accused 9/11 planners might get separate Guantanamo trials; The judge in the legal proceeding against five men accused of having roles in the 9/11 terror attacks is considering whether to separate the trials”: Carol Rosenberg of The Miami Herald has this news update.

Posted at 7:45 PM by Howard Bashman



“Senators target U.S. judges’ tropical get-together”: Howard Mintz of The San Jose Mercury News has this update.

Breitbart News has reports headlined “Exclusive: 9th Circuit Takes Plush Maui Vacation At Taxpayer Expense, As Others Cut Back” and “Breitbart News Expose of Plush Ninth Circuit Trip Forces Court Response.”

Today’s edition of The New York Post contains an article headlined “Judges’ alo-ha! at taxpayers.”

Roll Call has a news update headlined “Grassley, Sessions Question Judicial Conference in Hawaii.”

“The Note” blog from ABC News has a post titled “GOP Blasts Million Dollar Judicial Conference in Hawaii.”

Politico has a blog post titled “Judges’ Maui conference: Shades of Vegas?

The Hill has a blog post titled “GOP blasts $1 million Hawaii conference for judges in wake of GSA scandal.”

And the “Main Justice” blog has a post titled “Senators Question Price Tag for Maui Judicial Conference.”

Posted at 7:34 PM by Howard Bashman



“Former Supreme Court Justice John Paul Stevens spoke at the American Law Institute annual meeting.” C-SPAN has posted at this link the video of the retired Justice’s remarks earlier today.

Posted at 5:49 PM by Howard Bashman



“2nd Circuit shields CIA interrogation documents”: Terry Baynes of Reuters has a report that begins, “The Central Intelligence Agency does not have to disclose records of interrogation techniques used against terrorism suspects in 2002, a federal appeals court ruled on Monday.”

And Bill Mears of CNN.com reports that “Court blocks release of CIA interrogation methods.”

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

Posted at 5:44 PM by Howard Bashman



“Professor Makes the Case That Google Is a Publisher”: Law professor Eugene Volokh — a founder of “The Volokh Conspiracy” blog — is the focus of this article published today in The New York Times.

Demonstrating the broad swath of “The Volokh Conspiracy,” the article concludes with several paragraphs offering law professor Stuart M. Benjamin‘s take on Volokh’s paper, without bothering to note that Benjamin is himself listed as a contributor to “The Volokh Conspiracy” blog.

Posted at 5:22 PM by Howard Bashman



“Senators Question Ninth Circuit over Hawaii Conference”: At WSJ.com’s “Law Blog,” Joe Palazzolo has this post reporting on a letter that the Ranking Members of the U.S. Senate’s Budget and Judiciary Committees sent last Friday to Ninth Circuit Chief Judge Alex Kozinski.

And at “The BLT: The Blog of Legal Times,” Todd Ruger has a post titled “GOP Senators Compare Planned Ninth Circuit Conference in Hawaii to ‘Vacation.’

The Ninth Circuit’s initial response to the letter issued today in the form of a “Statement from Circuit and Court of Appeals Executive Cathy A. Catterson Regarding the Inquiry from Senators Grassley and Sessions.”

Posted at 5:14 PM by Howard Bashman



“Children Not Entitled to Dead Father’s Benefits, Justices Rule”: Adam Liptak will have this article Tuesday in The New York Times.

David G. Savage of The Los Angeles Times has a news update headlined “Supreme Court: In vitro children might not be due benefits.”

Jesse J. Holland of The Associated Press reports that “Twins conceived after dad died won’t get benefits.”

James Vicini of Reuters reports that “Supreme Court decides in vitro fertilization benefits.”

And Bill Mears of CNN.com reports that “Justices deny benefits for child conceived after death of a parent.”

Posted at 5:05 PM by Howard Bashman



“Supreme Court Agrees to Hear Case on Surveillance”: Adam Liptak will have this article Tuesday in The New York Times.

Mark Sherman of The Associated Press reports that “High court will take up wiretaps lawsuit.”

James Vicini of Reuters reports that “Supreme Court to hear U.S. govt. eavesdropping appeal.”

Bloomberg News reports that “Supreme Court To Consider Suit Challenging Wiretap Law.”

At Wired.com’s “Threat Level” blog, David Kravets has a post titled “High Court to Hear Warrantless Eavesdropping Challenge.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Narrow review of global wiretaps.”

My earlier coverage of the Second Circuit’s 6-to-6 denial of rehearing en banc in this case can be accessed here.

Posted at 4:55 PM by Howard Bashman



Programming note: Today, I will be traveling back and forth to Wilkes-Barre, Pennsylvania to meet with trial counsel in an appeal on which I am working.

At 10 a.m. eastern time today, the U.S. Supreme Court is scheduled to issue an Order List and one or more opinions in argued cases. Once the Court posts the Order List online, you should be able to access it via this link. And the Court posts links to its newest opinions at this page once they are announced. As always, “SCOTUSblog” plans to provide timely coverage of this morning’s activities at the Court.

Additional posts will appear here later today.

Posted at 6:55 AM by Howard Bashman



Readers of this blog can now use Twitter to be notified of new posts: Last Thursday, the “How Appealing” blog finally acquired a Twitter feed, @howappealing.

New posts published here will automatically appear as tweets, so if you prefer to be notified of new posts using Twitter, you can now do so by following this blog at twitter.com/howappealing.

Posted at 6:50 AM by Howard Bashman



“Why the Law Will Eventually ‘Evolve’ on Gay Marriage Just Like Obama Did”: Law professor Jeffrey Rosen has this essay online at The New Republic.

Posted at 6:45 AM by Howard Bashman



Sunday, May 20, 2012

“Planned Parenthood Urges Court To Keep Texas Funding In Place”: Bloomberg News has a report that begins, “Planned Parenthood-affiliated groups in Texas asked a federal appeals court to uphold a ruling requiring the state to keep subsidizing the clinics.”

Posted at 9:16 PM by Howard Bashman



“Feds Prevail in Spat with Former Acting Solicitor General”: Brent Kendall has this post today at WSJ.com’s “Law Blog.”

Posted at 9:14 PM by Howard Bashman