How Appealing



Wednesday, July 25, 2012

“Church of Scientology: Two former ministers’ lawsuit loses on appeal; The 9th Circuit Court of Appeals says a married couple failed to show their rights had been violated.” The Press-Enterprise of Riverside, California contains this article today.

Maura Dolan of The Los Angeles Times has a blog post titled “Scientology did not violate forced labor law, appeals court rules.”

The Associated Press reports that “Couple loses forced labor suit against Scientology.”

Terry Baynes of Reuters reports that “Church of Scientology defeats human trafficking claims.”

And at her “Trial Insider” blog, Pamela A. MacLean has a post titled “Forced Labor Claim Against Scientology Tossed.”

You can access yesterday’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 8:54 AM by Howard Bashman



Tuesday, July 24, 2012

“Handgun ammo law stuck in Calif. court”: Bob Egelko of The San Francisco Chronicle has a news update that begins, “A battle is looming in California courts over whether gun owners should be required to appear in person and be fingerprinted before being allowed to buy ammunition — like the thousands of rounds James Holmes reportedly purchased on the Internet in the weeks before he entered a Colorado movie theater for a deadly shooting rampage Friday morning.”

Posted at 10:30 PM by Howard Bashman



“Judges don’t have to contribute more for health care and pensions, N.J. Supreme Court rules”: MaryAnn Spoto of The Newark Star-Ledger has this news update.

And at the “New Jersey Appellate Law” blog, Bruce D. Greenberg has this related post.

You can access today’s 3-to-2 ruling of the Supreme Court of New Jersey at this link.

Update: In other coverage, Reuters has a report headlined “New Jersey judges exempt from pension cost hike: state Supreme Court.”

Bloomberg News reports that “New Jersey Judges Avoid Pension Cost Increase, Court Says.”

The Philadelphia Inquirer has a blog post titled “Supreme Court rebuffs Christie on public benefits reform.”

And The Newark Star-Ledger has an additional news update headlined “Legislators vow to challenge N.J. Supreme Court ruling on judicial pensions, benefits,” along with an editorial entitled “Supreme Court wrong on judges’ pensions, benefits.”

Posted at 11:54 AM by Howard Bashman



“Elmbrook loses graduation ceremony appeal”: Today’s edition of The Milwaukee Journal Sentinel contains an article that begins, “The Elmbrook School District violated the constitutional separation of church and state by holding graduation ceremonies inside Elmbrook Church, the 7th Circuit U.S. Court of Appeals ruled Monday. The ruling reverses a previous ruling by a district court and a 7th Circuit three-judge panel.”

And at the “School Law” blog of Education Week, Mark Walsh has a post titled “Appeals Court Rejects Use of Church for Public School Graduation.”

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

Posted at 11:33 AM by Howard Bashman



“On its face, the suicide advisory presents neither an undue burden on abortion rights nor a violation of physicians’ free speech rights.” So holds the majority in an en banc ruling that the U.S. Court of Appeals for the Eighth Circuit issued today, in overturning a permanent injunction that Planned Parenthood had obtained from a South Dakota-based federal district judge. The injunction had prohibited enforcement of a South Dakota statute requiring the disclosure to patients seeking abortions of an “increased risk of suicide ideation and suicide” among women who undergo the procedure.

The en banc court’s vote in favor of upholding the South Dakota law and overturning the permanent injunction was 7-to-4.

Posted at 11:24 AM by Howard Bashman



Monday, July 23, 2012

“The Public Is Left in the Dark When Courts Allow Electronic Surveillance”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 11:17 PM by Howard Bashman



“Prosser converts campaign account to legal defense fund”: Patrick Marley of The Milwaukee Journal Sentinel has a news update that begins, “State Supreme Court Justice David Prosser has re-christened his campaign finance account as a defense fund, which he said he is considering using to fight allegations that he violated judicial ethics rules by putting his hands on the neck of a fellow justice last year.”

Posted at 10:50 PM by Howard Bashman



“Wauwatosa lawyer challenges state’s gun silencer law”: Bruce Vielmetti of The Milwaukee Journal Sentinel has this report.

Posted at 5:09 PM by Howard Bashman



“Federal Appeals Court Rules That Wisconsin Public School May Not Hold Graduation Ceremonies In A Church; Church-State Watchdog Group Celebrates Ruling Reversing Lower Court Decision In Elmbrook Case”: The organization Americans United for Separation of Church and State has issued this news release about an en banc ruling, by a vote of 7-to-3, that the U.S. Court of Appeals for the Seventh Circuit issued today.

Circuit Judge Kenneth F. Ripple wrote the lead dissenting opinion, in which Chief Judge Frank H. Easterbrook and Circuit Judge Richard A. Posner joined. Chief Judge Easterbrook and Judge Posner also contributed separate dissenting opinions.

My earlier coverage of the original three-judge Seventh Circuit panel’s ruling in this case, which reached the opposite result regarding the Establishment Clause from the en banc court, can be accessed here.

Posted at 4:52 PM by Howard Bashman



“Writers Bloc: Justice Scalia’s Literary Collaborator Tells All.” Jess Bravin has this post at WSJ.com’s “Law Blog.”

Posted at 2:44 PM by Howard Bashman



“Inaction on judges affecting Utah; Stalling by Congress affects even nominees with bipartisan support”: This article appeared Saturday in The Salt Lake Tribune.

Posted at 9:45 AM by Howard Bashman



“6th Circuit Joins Split Over Ineffective Counsel Claims Arising from the Failure to File Appeal”: Nicholas J. Wagoner has this post today at the “Circuit Splits” blog.

Posted at 9:07 AM by Howard Bashman



“Judges retreat from lawsuit over judge selection”: The Knoxville News Sentinel today contains an article that begins, “Eleven of Tennessee’s 12 Court of Appeals judges have declined to be involved in an appeal of John Jay Hooker’s latest effort to invalidate the state’s system for selecting appeals court judges.”

Posted at 7:32 AM by Howard Bashman



“Richard Sanders faces 3 rivals in Supreme Court comeback bid”: Today’s edition of The Seattle Times contains an article that begins, “Two years after narrowly losing his state Supreme Court seat in the wake of controversial comments about race and crime, Richard Sanders is running again in a crowded primary field.”

Posted at 7:20 AM by Howard Bashman



“For Cruz, Supreme Court Work at Heart of Campaign”: Aman Batheja of The Texas Tribune has an article today that begins, “In nearly every speech Ted Cruz delivers in his bid for an open U.S. Senate seat, the former Texas solicitor general repeatedly mentions the U.S. Supreme Court.”

Posted at 7:16 AM by Howard Bashman



“Paul Clement, prolific in high court arguments, reviews latest term”: Gina Passarella of The Legal Intelligencer has this article republished today in The Pittsburgh Post-Gazette.

Posted at 7:15 AM by Howard Bashman



Sunday, July 22, 2012

“Christie’s likely choice for high court has a way with Democrats and Republicans alike”: The Bergen County (N.J.) Record contains this article today.

Posted at 11:02 PM by Howard Bashman



“Sex assault conviction may be test case for testimony standards”: This article appears in today’s edition of The Las Vegas Review-Journal.

Posted at 10:40 PM by Howard Bashman



“Supreme Court is asked to find that insanity defense is a constitutional right”: Robert Barnes will have this article Monday in The Washington Post.

Posted at 10:18 PM by Howard Bashman



“Benefits rules eased on same-sex partners of federal employees; The Obama administration has made it easier for domestic partners to get some retirement funds, while it awaits a Supreme Court ruling on the benefits ban for same-sex spouses of federal workers”: David G. Savage had this article yesterday in The Los Angeles Times.

Posted at 9:12 AM by Howard Bashman



Saturday, July 21, 2012

“From the Reagan Presidential Library: More John Roberts Memos.” Kyle Graham has this post at his blog, “noncuratlex.com.”

Posted at 10:35 AM by Howard Bashman