How Appealing



Monday, July 30, 2012

“Endorsements point to sharp differences in state Supreme Court hopefuls; Medina has established political connections; Devine has support of religious, conservatives”: Today in The Austin American-Statesman, Chuck Lindell has an article that begins, “In Tuesday’s GOP runoff for a seat on the Texas Supreme Court, each candidate’s list of endorsements highlights the differences between them.”

Posted at 7:58 AM by Howard Bashman



“Teen killers such as Nicholas Lindsey now have a chance to get sentences reduced”: This article appeared yesterday in The Tampa Bay Times.

Posted at 7:40 AM by Howard Bashman



“Personhood group plans to appeal Oklahoma Supreme Court ruling”: Saturday’s edition of The Oklahoman contained an article that begins, “A national group plans to go to the U.S. Supreme Court to appeal an Oklahoma ruling that its proposed ballot issue to define a fertilized human egg as a person is unconstitutional.”

Posted at 7:38 AM by Howard Bashman



“Senate could vote on judicial nominee Monday; A Cape Elizabeth lawyer and other choices for federal court have been in a holding pattern”: This article appeared yesterday in The Maine Sunday Telegram.

Posted at 7:36 AM by Howard Bashman



“Controversial measure is in hands of judge with Valley ties; The ruling Robert Simpson makes would stand if Supreme Court deadlocks”: Peter Hall and Scott Kraus of The Morning Call of Allentown, Pennsylvania recently had an article that begins, “Pennsylvania’s new voter identification law has sparked controversy, protests and a legal challenge. Now the law’s fate falls to Commonwealth Court Judge Robert ‘Robin’ Simpson of Nazareth.”

Posted at 7:30 AM by Howard Bashman



“Critics assail 1980s-era hacking law as out of step”: Reuters has a report that begins, “A 1984 U.S. anti-hacking law passed when computer crime was in its infancy is under fire for potentially going too far in criminalizing the actions of employees who violate workplace policies. Judges across the country are divided on how the 28-year-old law, the U.S. Computer Fraud and Abuse Act, can be applied. At the same time, the Justice Department has signaled it wants to ramp up prosecutions under the law, even as it has lost some cases.”

Posted at 7:25 AM by Howard Bashman



Sunday, July 29, 2012

“Scalia opens door for gun-control legislation”: FoxNews.com has this report.

Bloomberg News reports that “Scalia Rejects Criticism Of Dissent In Arizona Case.”

And WSJ.com’s “Washington Wire” blog has posts titled “Justice Scalia: ‘I’m Not Cantankerous’” and “Supreme Court Justice Scalia Addresses Nation’s Gun Laws.”

You can watch the video of Justice Antonin Scalia’s appearance on today’s broadcast of “Fox News Sunday” by clicking here.

Posted at 4:08 PM by Howard Bashman



Saturday, July 28, 2012

“Oklahoma Sen. Tom Coburn considers voting against his party to help an Oklahoman get confirmed to federal appeals court; Federal magistrate Robert E. Bacharach, of Oklahoma City, may need both Oklahoma Republican senators to break ranks with the GOP in showdown vote on Monday”: This article appears today in The Oklahoman.

Posted at 1:50 PM by Howard Bashman



Friday, July 27, 2012

“Senate Showdown Coming for Appellate Judicial Nominees”: Todd Ruger has this post at “The BLT: The Blog of Legal Times.”

Posted at 2:06 PM by Howard Bashman



“Thanks, Citizens United, for This Campaign Finance Mess We’re In; Apologists for this damaging Supreme Court decision are wrong on the facts and the law”: Adam Skaggs has this essay online at The Atlantic.

Posted at 1:08 PM by Howard Bashman



“Robin Hood Airport tweet bomb joke man wins case; A man found guilty of sending a menacing tweet threatening to blow up an airport has won a challenge against his conviction”: BBC News has this report.

The Independent (UK) has a news update headlined “Twitter joke trial man Paul Chambers wins appeal victory.”

The Guardian (UK) has a news update headlined “Twitter joke trial: Paul Chambers wins high court appeal against conviction; Accountant says he feels ‘relieved and vindicated’ as court rules his joke tweet about blowing up an airport was not menacing.” In addition, Ian Cram has an essay entitled “The tweet that bombed: the Twitter joke trial, judges and the internet; Case of Paul Chambers illustrates legal habit of shoehorning new practices to fit existing laws” that begins, “At a conference held at the University of Chicago in 1996 to examine the implications of cyberspace for the law and legal practice, Judge Frank Easterbrook argued that attempts to rework existing legal categories to address electronic forms of communication were wholly misguided and likely to cause confusion.”

Financial Times has a news update headlined “Twitter user wins airport tweet appeal.”

Reuters reports that “Bomb joke tweeter wins landmark ruling.”

The Associated Press reports that “British man wins ‘Twitter threat’ appeal.”

And CNN.com reports that “Tweeter cleared of sending menacing airport threat.”

You can access today’s ruling of the Queen’s Bench Division of England’s High Court of Justice at this link.

Posted at 10:58 AM by Howard Bashman



Thursday, July 26, 2012

“U.S. Senate Democrats try to force vote on Oklahoma judicial nominee; Senate Majority Leader Harry Reid seeks to break a Republican blockade and get a vote on Robert E. Bacharach, a federal magistrate judge in Oklahoma City, for a federal appeals court”: The Oklahoman has this news update.

And Politico.com has a news update headlined “Senate Dems step up judicial wars.”

Posted at 8:57 PM by Howard Bashman



“Alabama solicitor general details philosophies behind U.S. Supreme Court healthcare act ruling”: The Birmingham News has this update.

Posted at 4:40 PM by Howard Bashman



“No-fly list lawsuit should proceed in federal court in Portland, appeals panel rules”: The Oregonian has this news update.

Terry Baynes of Reuters reports that “Appeals court revives challenge against US ‘no fly’ list.”

The Associated Press reports that “Appeals court allows no-fly challenge to proceed.”

And the ACLU has issued a news release headlined “Federal Appeals Court Allows ‘No Fly List’ Challenge to Proceed; ACLU Represents 15 People Government Put on Secret List and Banned From Flying Without Explanation.”

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

Posted at 4:38 PM by Howard Bashman



“Scalia Defends Citizens United, Arizona Immigration Decision”: Tony Mauro has this post at “The BLT: The Blog of Legal Times.”

Posted at 2:10 PM by Howard Bashman



“Scalia Discusses Views on Textualism and the Process of Co-Writing His New Book”: ABA Journal’s “Law News Now” blog has posted online a lengthy audio clip that you can access via this link.

Posted at 10:38 AM by Howard Bashman



“Appeals Court: Arizona man can’t sue Medtronic.” On April 17, 2012, Cronkite News Service had this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued the previous day.

And a few days later, the “Constitutional Law Prof Blog” had a post titled “Ninth Circuit: Failure to Warn Claim Against Med Device Maker Preempted.”

Yesterday. the Ninth Circuit issued this order granting rehearing en banc in the case.

Posted at 7:55 AM by Howard Bashman



“Federal appeals court to reconsider California DNA-collection law; A three-judge panel had upheld California’s law that requires police to collect DNA from felony arrestees, but a panel of 11 federal judges will review the case”: Maura Dolan has this article today in The Los Angeles Times.

In today’s edition of The San Francisco Chronicle, Bob Egelko reports that “Court gives DNA sampling law new hearing.”

And at her “Trial Insider” blog, Pamela A. MacLean has a post titled “Circuit to Reconsider Mandatory Arrestee DNA Collection.”

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

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

Posted at 7:40 AM by Howard Bashman



Wednesday, July 25, 2012

“O’Connor Faults Supreme Court Critics with a ‘Lack of Understanding'”: Todd Ruger has this post today at “The BLT: The Blog of Legal Times.”

Thanks to C-SPAN, you can access the video of retired Justice Sandra Day O’Connor’s testimony today before the Senate Judiciary Committee via this link.

Posted at 10:38 PM by Howard Bashman