How Appealing



Thursday, June 28, 2012

“In Decision, a Defining Move for Roberts”: Adam Liptak will have this news analysis in Friday’s edition of The New York Times.

In Friday’s edition of The Washington Post, Dan Eggen will have an article headlined “Roberts’s health-care decision stuns many but is in line with his outlook.”

David Goldstein of McClatchy Newspapers has an article headlined “Chief Justice John Roberts is health care ruling’s biggest surprise.”

Greg Stohr of Bloomberg News reports that “Roberts Rejects Partisanship In Backing Obama Health Law.”

Joan Biskupic of Reuters has a news analysis headlined “Why Roberts saved Obama’s healthcare law.”

The Associated Press reports that “Roberts delivers for president who had opposed him.”

This evening’s broadcast of NPR’s “All Things Considered” contained an audio segment entitled “Justice Roberts Breaks The Tie On Health Care.”

And at “The Volokh Conspiracy,” Orin Kerr has a post titled “The Conservative John Roberts.”

Posted at 10:35 PM by Howard Bashman



In recent posts at Slate’s “Supreme Court Year in Review”: Law professor Jack Balkin has a post titled “That boring old tax argument was always a winner.”

Seventh Circuit Judge Richard A. Posner has a post titled “The Commerce Clause was clearly enough to uphold the Affordable Care Act.”

Dahlia Lithwick has a post titled “A historic day for John Roberts and the court.”

Walter Dellinger has a post titled “Why this is now Chief Justice Roberts’ court.”

And Emily Bazelon has a post titled “Chief Justice Roberts saves Obama — as he should.”

Posted at 9:10 PM by Howard Bashman



“Barack Obama fooled on Supreme Court ruling by CNN, Fox News”: Politico.com has this report.

The Los Angeles Times reports that “CNN, Fox fumble the call, capping months of media misperception; The networks’ mistaken calls on the Supreme Court’s healthcare ruling came after much media speculation — often flat-out wrong — that sprang up following oral arguments before the high court.”

The Washington Post has an article headlined “Early reports on health-care decision from CNN, Fox overturned one mandate: Accuracy.”

Alex Kane Rudansky of McClatchy Newspapers reports that “CNN, Fox jump gun on Supreme Court health care ruling.”

BuzzFeed has a post titled “CNN News Staffers Revolt Over Blown Coverage.”

American Journalism Review has a post titled “Who Was First? Who Cares?

WSJ.com’s “Digits” blog has a post titled “SCOTUSblog Sees Traffic Surge With Health-Law Ruling.”

And Nieman Journalism Lab has a post titled “Anatomy of a spike: How SCOTUS Blog dealt with its biggest traffic day ever.”

Posted at 8:04 PM by Howard Bashman



“From Copyright to Surveillance to Torture, Supreme Court Term Ends Mixed”: David Kravets has this post at Wired.com’s “Threat Level” blog.

Posted at 6:24 PM by Howard Bashman



“Lies About Military Honors Not Illegal, Court Finds”: The New York Times has this news update.

Robert Barnes and Michael E. Ruane of The Washington Post have a news update headlined “Supreme Court: Lying about military medals is protected by Constitution.”

Michael Doyle and Matthew Schofield of McClatchy Newspapers report that “Supreme Court rejects ‘Stolen Valor’ law, says lying about military honors isn’t a crime.”

Evan Perez of The Wall Street Journal has a news update headlined “Supreme Court Strikes Down ‘Stolen Valor’ Law.”

This evening’s broadcast of NPR’s “All Things Considered” contained an audio segment entitled “Supreme Court Strikes Down Stolen Valor Act.”

And at “The Volokh Conspiracy,” Eugene Volokh has a post titled “Freedom of Speech and Knowing Falsehoods.”

Posted at 6:14 PM by Howard Bashman



Access online today’s rulings of the U.S. Supreme Court in the remaining argued cases from October Term 2011: Today, the Court is expected to issue rulings in First American Financial Corp. v. Edwards, 10-708 (argued November 28, 2011); United States v. Alvarez, No. 11-210 (argued February 22, 2012); and the Affordable Care Act cases, consisting of Department of Health and Human Servs. v. Florida, No. 11-398 (argued March 26, 2012 and March 27, 2012), National Federation of Independent Business v. Sebelius, No. 11-393 (argued March 28, 2012), and Florida v. Department of Health and Human Servs., No. 11-400 (argued March 28, 2012).

1. Justice Anthony M. Kennedy announced the judgment of the Court and delivered an opinion in United States v. Alvarez, No. 11-210, in which the Chief Justice and Justices Ruth Bader Ginsburg and Sonia Sotomayor joined. Justice Stephen G. Breyer issued an opinion concurring in the judgment, in which Justice Elena Kagan joined. Justice Samuel A. Alito, Jr, issued a dissenting opinion, in which Justices Antonin Scalia and Clarence Thomas joined. I have posted a back-up copy of the ruling at this link, because it is currently difficult to access via the Court’s web site.

2. In First American Financial Corp. v. Edwards, 10-708, the Court issued a per curiam order dismissing the case as improvidently granted.

3. And in National Federation of Independent Business v. Sebelius, No. 11-393, the Court’s syllabus describes the alignment of the decision as follows: “ROBERTS, C. J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and III-C, in which GINSBURG, BREYER, SOTOMAYOR, and KAGAN, JJ., joined; an opinion with respect to Part IV, in which BREYER and KAGAN, JJ., joined; and an opinion with respect to Parts III-A, III-B, and III-D. GINSBURG, J., filed an opinion concurring in part, concurring in the judgment in part, and dissenting in part, in which SOTOMAYOR, J., joined, and in which BREYER and KAGAN, JJ., joined as to Parts I, II, III, and IV. SCALIA, KENNEDY, THOMAS, and ALITO, JJ., filed a dissenting opinion. THOMAS, J., filed a dissenting opinion.” You can access the ruling at this link.

In early news coverage, The Associated Press reports that “Supreme Court strikes down Stolen Valor law.”

Posted at 10:00 AM by Howard Bashman



“Health Care Reform v. the Founders”: The Wall Street Journal has posted online at this link David B. Rivkin Jr.’s op-ed, which originally appeared in that newspaper on September 29, 1993.

Posted at 9:35 AM by Howard Bashman