How Appealing



Thursday, June 28, 2012

“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



Wednesday, June 27, 2012

In Thursday’s edition of The Washington Post: Tomorrow’s newspaper will contain articles headlined “Supreme Court health care decision has Washington awaiting history” and “For SCOTUSblog, one goal: ‘Beat everybody’ and break news of health-care ruling.”

The newspaper will also contain an editorial entitled “Justice Scalia’s partisan discredit to the court.” And columnist E.J. Dionne Jr. will have an op-ed entitled “Justice Scalia must resign.”

Posted at 10:33 PM by Howard Bashman



“Supreme Court forces Nike to defend its right not to defend its trademarks”: Erin Geiger Smith has this report at Alison Frankel’s “On the Case” from Thomson Reuters News & Insight.

Posted at 9:14 PM by Howard Bashman



“How SCOTUS real estate case could affect Internet privacy litigation”: Nate Raymond has this report at Alison Frankel’s “On the Case” from Thomson Reuters News & Insight.

Posted at 5:54 PM by Howard Bashman



“Christian Pregnancy Center Freed From Abortion Postings”: Bloomberg News has a report that begins, “A Baltimore ordinance requiring a Christian ‘pregnancy center’ to post notices that it doesn’t offer abortion referrals or birth control violates its free speech rights, a federal appeals court in Virginia ruled.”

And The Associated Press reports that “Court strikes down Md. pregnancy center ordinances.”

Today’s 2-to-1 rulings of the U.S. Court of Appeals for the Fourth Circuit came in two separate cases, and you can access those rulings here and here.

Posted at 5:40 PM by Howard Bashman



“Supreme Court Health Care Decision Will Define The Future Of The American Health Care System”: Jeffrey Young of The Huffington Post has this report.

Posted at 2:30 PM by Howard Bashman



“[T]he llama incident returned with a vengeance.” If only he had DIRECTV instead of cable!

Today, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued a ruling that begins, “One December day, defendant Mark Burge’s llama escaped from its pen and wandered off.” Unlike in DIRECTV commercials, however, today’s ruling seems to have a satisfactory ending for the defendant, as the appellate court holds that “[t]he district court plainly erred in failing to exclude Burge’s llama abandonment conviction” in calculating a sentence under the federal Sentencing Guidelines for a later offense.

Posted at 11:37 AM by Howard Bashman