How Appealing



Thursday, July 12, 2012

“Judge: Identify writer on blog; Newspaper ordered to provide information.” Yesterday’s edition of The Spokesman-Review of Spokane, Washington contained an article that begins, “The Spokesman-Review must provide information that could identify an anonymous reader who typed a disparaging online comment about the chairwoman of the Kootenai County Republican Party in February, an Idaho judge ruled Tuesday.”

Posted at 11:51 PM by Howard Bashman



“In the wake of the Supreme Court’s ruling upholding most of the 2010 health care law, the percentage of Americans expressing an unfavorable opinion of the court is at its highest point in more than 25 years.” So states the Pew Research Center for the People & the Press in a news release issued today.

Posted at 4:42 PM by Howard Bashman



“Kennedy mum on court’s decision on health care in session at Aspen Institute”: The Aspen (Colo.) Daily News has this report.

Posted at 4:06 PM by Howard Bashman



“Randy Barnett: Losing ObamaCare While Preserving the Constitution.” Reason senior editor Damon Root interviews law professor Randy Barnett in a video segment that you can access here.

And in the July 30, 2012 issue of National Review magazine, Jonathan H. Adler and Nathaniel Stewart will have an article headlined “Positive Steps, Silver Linings.”

Posted at 3:50 PM by Howard Bashman



“Stone committed those violations as an attempt to repeat his strategy of suing anonymous internet users for allegedly downloading pornography illegally, using the powers of the court to find their identity, then shaming or intimidating them into settling for thousands of dollars”: Circuit Judge Jerry E. Smith issued this ruling today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit.

Today’s decision affirms the imposition of sanctions against the attorney for a pornographic film producer that had initiated suit against 670 unnamed persons whom it believed had unlawfully downloaded one of its films using BitTorrent.

Posted at 3:40 PM by Howard Bashman



“Why There Are Too Many Patents in America: After dismissing a high-profile suit between Apple and Motorola, one of our leading jurists discusses the problems plaguing America’s intellectual property system.” Seventh Circuit Judge Richard A. Posner has this essay online at The Atlantic.

Posted at 11:57 AM by Howard Bashman



“Court rules police may be liable for pepper ball injuries; The decision, stemming from a 2004 incident in which a student was injured by such a projectile, is a setback for officers fighting lawsuits by Occupy protesters”: Maura Dolan has this article today in The Los Angeles Times.

And in today’s edition of The San Francisco Chronicle, Bob Egelko reports that “Former UC Davis student’s suit OKd.”

My earlier coverage of yesterday’s Ninth Circuit ruling appears at this link.

Posted at 11:18 AM by Howard Bashman



“Supreme Court 2011-2012 Term Review”: C-SPAN is now providing separate online access to each hour of yesterday’s two-hour event at The Heritage Foundation.

The video of my appearance as a panelist on the second hour of the program, along with co-panelists Mark Sherman of The Associated Press and David G. Savage of The Los Angeles Times, can be accessed here.

And the video of the first hour of the program, which featured Solicitor General Donald B. Verrilli, Jr. as one of the panelists, can be accessed here. Yesterday, I had this post linking to news coverage of Verrilli’s remarks at the event.

Posted at 10:05 AM by Howard Bashman



“Why it’s so hard for SCOTUSblog to get Supreme Court press credentials”: Mallary Jean Tenore of Poynter has this report.

Posted at 9:57 AM by Howard Bashman



“Reject the ‘Thurmond Rule’: Senate Minority Leader Mitch McConnell invokes the legacy of Strom Thurmond to hold up judicial confirmations; It’s bad for judges and bad for justice.” This editorial appears today in The Los Angeles Times.

Posted at 8:40 AM by Howard Bashman



“Toward a Supreme Court Showdown”: Today’s edition of The New York Times contains an editorial that begins, “Six federal courts have ruled on the Defense of Marriage Act and reached the same conclusion: the 1996 law violates the Constitution by denying same-sex couples, who are legally married under state law, federal benefits afforded to heterosexual couples for no good reason.”

Posted at 8:07 AM by Howard Bashman