How Appealing



Saturday, July 21, 2012
Friday, July 20, 2012

“A Bigger Victory Than We Knew”: In the August 16, 2012 issue of The New York Review of Books, Ronald Dworkin will have an essay that begins, “Above all, we should celebrate. The Supreme Court, by a 5-4 vote, has left President Obama’s Affordable Care Act almost entirely intact.”

Posted at 1:05 PM by Howard Bashman



Billy Preston minus Syreeta equals concurring opinion mention: A one paragraph concurring opinion that Circuit Judge Janice Rogers Brown issued today begins:

An old song laments that “nothing from nothing leaves nothing.” Billy Preston, Nothing from Nothing, on The Kids and Me (A&M Records 1974). Logically, it should follow that nothing plus nothing leads to the same result. But, in the rarefied atmosphere of attorneys’ fees litigation and in light of this Court’s divided decision in New Jersey v. EPA, 663 F.3d 1279 (D.C. Cir. 2011), nothing times nothing is apparently worth a great deal.

You can access today’s complete D.C. Circuit ruling at this link.

Posted at 11:28 AM by Howard Bashman



“Oklahoma legal leaders urge Sens. Tom Coburn and Jim Inhofe to seek vote on state’s judicial nominee; Senate Republicans are blocking votes for nominees to federal appeals courts, and leaders in Oklahoma’s legal community want the state’s GOP senators to intervene for Robert E. Bacharach”: This article appears today in The Oklahoman.

Posted at 11:22 AM by Howard Bashman



“Bayou Blues”: Today’s edition of The New York Times contains an editorial that begins, “An ugly fight about who should be the Louisiana Supreme Court’s next chief justice is an unsettling example of how power can trample voting rights even where they should be sacrosanct.”

Posted at 9:08 AM by Howard Bashman



Thursday, July 19, 2012

“Tonight, inside the Supreme Court, a rare and exclusive interview with the longest serving justice, Antonin Scalia.” So begins the interview transcript, which CNN has posted at this link.

Posted at 4:48 PM by Howard Bashman



“Language is loser in ‘Obamacare’ ruling”: Chris Mondics’ “Law Review” column in today’s edition of The Philadelphia Inquirer begins, “In his stocking feet, lawyer Paul Clement couldn’t be more than 5′ 10″. But in the world of conservative jurisprudence, he plays the role of a seven foot center.”

Posted at 12:08 PM by Howard Bashman



“Peterson appeal may be helped by ruling”: In today’s edition of The San Francisco Chronicle, Bob Egelko has an article that begins, “Scott Peterson’s prospects for overturning his death sentence may have improved this week.”

Posted at 12:03 PM by Howard Bashman



“Court tells Disneyland to study use of Segways by park visitors; Appeals panel overturns lower court’s decision in favor of Disney in lawsuit by disabled woman who was refused permission to use the two-wheeled device”: Maura Dolan has this article today in The Los Angeles Times.

In today’s edition of The San Francisco Chronicle, Bob Egelko reports that “Disney must let disabled mom use Segway.”

The Associated Press reports that “Court tells Disneyland to study Segway use.”

At her “Trial Insider” blog, Pamela A. MacLean has a post titled “The Mouse on a Segway?

And at his “Disability Law” blog, Samuel Bagenstos has a post titled “‘Segways at Disneyland? Could Happen.’

Chief Judge Alex Kozinski wrote yesterday’s ruling of the U.S. Court of Appeals for the Ninth Circuit on behalf of a unanimous three-judge panel.

Posted at 11:44 AM by Howard Bashman



“Scalia Says He Had No ‘Falling Out’ With Chief Justice”: Adam Liptak has this article today in The New York Times.

Bill Mears of CNN.com reports that “Scalia dismisses talk of internal court rancor.”

Reuters reports that “Scalia says no fallout with Roberts over healthcare decision.”

National Journal reports that “Scalia Defends ‘Citizens United,’ Reflects on Term in Rare TV Appearance.”

And The Hill has a report headlined “Scalia, on healthcare ruling: ‘I haven’t had a falling out with Justice Roberts.’

Posted at 9:21 AM by Howard Bashman



Wednesday, July 18, 2012

“Public’s Opinion of Supreme Court Drops After Health Care Law Decision”: Adam Liptak and Allison Kopicki will have this article Thursday in The New York Times.

Posted at 11:35 PM by Howard Bashman



“State Attorney General Kamala Harris backs undocumented immigrant’s law license bid”: Howard Mintz of The San Jose Mercury News has an update that begins, “California Attorney General Kamala Harris on Wednesday sided with an undocumented immigrant’s bid to become a lawyer, telling the state Supreme Court that the law school graduate has a legal right to get his license to practice.”

Posted at 8:23 PM by Howard Bashman



“Melvin seeks hefty file on former employees”: In today’s edition of The Pittsburgh Post-Gazette, Paula Reed Ward has an article that begins, “Attorneys for a variety of Pennsylvania court administrators believe a request by state Supreme Court Justice Joan Orie Melvin to turn over a slew of records relating to employment, bookkeeping, expenses and policies is not only overbroad but outside the scope of her preliminary hearing scheduled for July 30.”

And in related coverage, today’s edition of The Legal Intelligencer contains an article by Gina Passarella headlined “Orie Melvin Loses Bid for Recusal of Allegheny Co. Bench” (subscription required) reporting on an order that the Supreme Court of Pennsylvania issued yesterday.

Posted at 11:24 AM by Howard Bashman



“Intention and the Canons of Legal Interpretation”: At the “Opinionator” blog of The New York Times, Stanley Fish has a post that begins, “Those who are still wondering why Chief Justice John G. Roberts voted as he did in NFIB v. Sebelius might find an answer (not necessarily the answer) in Antonin Scalia’s and Bryan A. Garner’s new book ….”

Posted at 11:08 AM by Howard Bashman



Tuesday, July 17, 2012

“Justices Overturn Restitution Order to Estate as ‘Victim'”: Metropolitan News-Enterprise has a report that begins, “The state Supreme Court yesterday unanimously agreed with a drunk driver’s argument that the estate of the man he killed when he drove the wrong way on the freeway was not a ‘victim’ entitled to restitution.
The court overturned a $446,486 restitution award against Paul Dean Runyan in favor of the estate of Donald Benge, who left no heirs or relatives.”

You can access yesterday’s ruling of the Supreme Court of California at this link.

Posted at 7:24 PM by Howard Bashman



“In Kiobel filings, human rights group queries AG Holder conflicts”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report.

Posted at 7:09 PM by Howard Bashman