How Appealing



Tuesday, July 31, 2012

“Fifth Circuit Court grants a full rehearing on Farmers Branch ordinance and the impact of landmark Arizona ruling”: The Dallas Morning News has this blog post.

And at the “Tex Parte Blog” of Texas Lawyer, John Council has a post titled “En banc 5th Circuit will rehear controversial immigration case involving Farmers Branch ordinance.”

You can access at this link today’s order of the U.S. Court of Appeals for the Fifth Circuit granting rehearing en banc.

My earlier coverage of the original three-judge panel’s ruling can be accessed here.

Posted at 9:05 PM by Howard Bashman



“Orie Melvin headed to trial on seven of nine charges”: The Pittsburgh Tribune-Review has a news update that begins, “Suspended State Supreme Court Justice Joan Orie Melvin will stand trial on charges she illegally used her taxpayer-funded staff when she was still a Superior Court Judge to campaign for a seat on the high court in 2003 and again in 2009, a judge ruled Tuesday.”

Paula Reed Ward of The Pittsburgh Post-Gazette has a news update headlined “Orie Melvin faces trial on seven counts; two dismissed.”

And The Associated Press reports that “Pennsylvania Supreme Court Justice Joan Orie Melvin faces trial on campaign corruption charges.”

Posted at 7:45 PM by Howard Bashman



“Missouri Supreme Court throws out medical malpractice caps”: The Kansas City Star has a news update that begins, “Caps on the amount of money a person can win in medical malpractice lawsuits are a violation of the right to a jury trial, the Missouri Supreme Court ruled Tuesday.”

You can access today’s 4-to-3 ruling of the Supreme Court of Missouri at this link.

Posted at 4:25 PM by Howard Bashman



“Congress Should Undo Supreme Court Privacy Decision, Panel Argues”: Todd Ruger has this post today at “The BLT: The Blog of Legal Times.”

Posted at 1:58 PM by Howard Bashman



“Chief Justice Lets Maryland Continue to Collect DNA”: Adam Liptak has this article today in The New York Times.

Today’s edition of The Washington Post contains an article headlined “For now, Md. police can take DNA from charged criminals, Supreme Court says.”

And The Daily Times of Salisbury, Maryland contains an article headlined “Justice Roberts: High court likely to take DNA case; Stay allows Md. law enforcement to continue collecting DNA.”

Posted at 10:08 AM by Howard Bashman



“Infinite Justice: The David Foster Wallace Connection to Scalia’s New Book.” This post appeared last week at WSJ.com’s “Speakeasy” blog.

Posted at 9:52 AM by Howard Bashman



“Republican opposition in Senate kills move to confirm Oklahoman to appeals court post; The U.S. Senate failed to advance the nomination of Robert E. Bacharach, an Oklahoma City magistrate, falling four votes short of breaking a Republican filibuster that has become presidential election-year custom”: This article appears today in The Oklahoman.

The Portland (Me.) Press Herald reports today that “Cape Elizabeth lawyer’s judicial nomination on hold; The Senate majority leader says a vote to seat William Kayatta is unlikely before Election Day.”

And The Associated Press reports that “Republicans block confirmation of Oklahoma judge.”

Posted at 9:32 AM by Howard Bashman



Monday, July 30, 2012

“Oklahoma senators sideline themselves on judicial nomination vote; Sens. Tom Coburn and Jim Inhofe supported the nomination of U.S. Magistrate Judge Robert E. Bacharach, but voted ‘present,’ a move that allows them to vote without registering support or opposition”: The Oklahoman has a news update that begins, “With Oklahoma’s senators effectively sidelining themselves, the Senate failed Monday to advance an Oklahoma City magistrate past a Republican blockade and toward confirmation to a federal appeals court.”

Roll Call reports that “Senate Filibusters Oklahoma Judicial Nominee.”

And at “The BLT: The Blog of Legal Times,” Todd Ruger has a post titled “Senate Blocks Tenth Circuit Nominee; Could Be Last Such Vote Until After Election.”

You can access the roll call vote tally of today’s failed cloture vote of the U.S. Senate at this link.

Posted at 7:35 PM by Howard Bashman



“Benchslap of the Day: Justice Scalia Pulls Rank on Judge Posner.” David Lat has this post at “Above the Law.”

Posted at 5:14 PM by Howard Bashman



“N.J. Legislature approves bill to let voters decide whether judges should pay more for benefits”: MaryAnn Spoto of The Newark Star-Ledger has a news update that begins, “In a stern rebuke of a state Supreme Court decision protecting Superior Court judges and Supreme Court justices from paying more into their pension and health benefits plans, the Senate and Assembly this morning passed a resolution that would allow lawmakers to bypass the ruling.”

And Reuters reports that “New Jersey lawmakers approve judicial pension measure.”

Posted at 3:27 PM by Howard Bashman



“High court lets controversial criminal DNA collection law stay in place for now”: Bill Mears of CNN.com has this report.

And at “SCOTUSblog,” Lyle Denniston has a post titled “DNA testing may go on.”

You can access today’s in chambers opinion written by Chief Justice John G. Roberts, Jr. at this link.

Update: In other coverage, The Associated Press has a report headlined “Roberts: Supreme Court likely to take Md. DNA case.”

And Terry Baynes and Jonathan Stempel of Reuters report that “Supreme Court may review case over DNA samples.”

Posted at 3:24 PM by Howard Bashman



“Health insurance mandate faces huge resistance in Oklahoma”: Today’s edition of The Washington Post contains an article that begins, “The Supreme Court may have declared that the government can order Americans to get health insurance, but that doesn’t mean they’re going to sign up. Nowhere is that more evident than Oklahoma, a conservative state with an independent streak and a disdain for the strong arm of government. The state cannot even get residents to comply with car insurance laws; roughly a quarter of the drivers here lack it, one of the highest rates in the country.”

Posted at 8:09 AM by Howard Bashman