How Appealing



Friday, August 31, 2012

“Richard A. Posner’s Badly Confused Attack on Scalia/Garner”: Ed Whelan has this post today at National Review Online’s “Bench Memos” blog.

Posted at 2:40 PM by Howard Bashman



“Justice Orie Melvin should not get salary, judicial panel rules”: In today’s edition of The Pittsburgh Post-Gazette, Paula Reed Ward has an article that begins, “The Court of Judicial Discipline, citing conduct ‘so egregious,’ ruled Thursday that suspended state Supreme Court Justice Joan Orie Melvin should not receive pay as she awaits the outcome of criminal charges against her.”

Posted at 10:54 AM by Howard Bashman



“Texas Election Maps To Be Debated After ID Law Rejected”: Bloomberg News has a report that begins, “The Texas districts from which voters will elect congressional and state representatives will be argued today before a three-judge panel, one day after the state’s law requiring voters to have photo identification was rejected by a different court in Washington.”

Posted at 10:50 AM by Howard Bashman



Thursday, August 30, 2012

“Does defendant’s sentence of 25 years to life under the three strikes law for failing to update his sex offender registration within five days of his birthday constitute cruel and unusual punishment?” The Supreme Court of California answered “no” in a decision issued today.

Posted at 6:18 PM by Howard Bashman



“Federal court strikes down Texas voter identification law”: David G. Savage of The Los Angeles Times has this news update.

Charlie Savage and Manny Fernandez of The New York Times have a news update headlined “Court Blocks Texas Voter ID Law, Citing Racial Impact.”

The Washington Post has a news update headlined “Texas voter ID law is blocked.”

Chuck Lindell and Mike Ward of The Austin American-Statesman have a blog post titled “Federal court rejects Texas voter ID law.”

The San Antonio Express-News has an update headlined “Judges block Texas voter ID law.”

The Associated Press reports that “Federal court rejects new Texas voter photo ID law.”

Reuters reports that “U.S. federal court blocks Texas voter ID law.”

Bloomberg News reports that “Texas Voter Photo-ID Law Thrown Out By U.S. Judges’ Panel.”

And at “The BLT: The Blog of Legal Times,” Mike Scarcella has a post titled “D.C. Federal Court Unanimously Rules Against Texas Voter ID Law.”

You can access yesterday’s opinion of a three-judge court of the U.S. District Court for the District of Columbia at this link.

Posted at 6:15 PM by Howard Bashman



“Judicial vacancies adversely affect Midlanders”: Carol Bloch and Jan Schneiderman have this op-ed today in The Omaha World-Herald.

Posted at 5:49 PM by Howard Bashman



“Sixth Circuit Affirms Conviction for Threat Posted to YouTube — US v. Jeffries”: Venkat Balasubramani had this post yesterday at the “Technology & Marketing Law Blog” about a ruling that the U.S. Court of Appeals for the Sixth Circuit issued on Monday.

The decision is also noteworthy because the judge who wrote the opinion on behalf of the unanimous three-judge panel also issued a separate dubitante opinion.

Posted at 5:46 PM by Howard Bashman



“Circuit Split Watch: When Sanctioned Attorneys Can’t Pay.” Michelle Olsen has this post today at her “Appellate Daily” blog.

Posted at 5:42 PM by Howard Bashman



“Judge Urges 9th Circuit to Reconsider its Position in ‘Severe’ Split Over Laches Defense in Copyright Cases”: Nicholas J. Wagoner has this post today at the “Circuit Splits” blog.

Posted at 8:52 AM by Howard Bashman



Wednesday, August 29, 2012

“The Triumph of the Text: In ‘Reading Law,’ Supreme Court Justice Antonin Scalia and legal writer Bryan A. Garner argue for paying close attention to the original meaning of the words in the Constitution and other legal documents.” David B. Rivkin Jr. has this book review today in The Wall Street Journal.

And online at The New Republic, Seventh Circuit Judge Richard A. Posner has a review of the book headlined “The Spirit Killeth, but the Letter Giveth Life.”

Posted at 1:38 PM by Howard Bashman



In the September 2012 issue of ABA Journal magazine: John Gibeaut has an article headlined “Marriage Proposal: Court May Weigh Levels of Scrutiny for Same-Sex Couples.”

Lorelei Laird has an article headlined “Pricing Amy: Should Those Who Download Child Pornography Pay the Victims?

And Bryan A. Garner has an article headlined “Kagan’s Teachers: 9th Justice Talks About Her Influences in Writing, Reading and Reasoning.” The magazine has also posted online the “Full Transcript of Bryan A. Garner’s Interview with Elena Kagan.”

Posted at 1:24 PM by Howard Bashman



“A Star Is Born: Chief Judge Alex Kozinski, Coming To A Movie Theater Near You.” David Lat has this post today at “Above the Law.”

Posted at 1:14 PM by Howard Bashman



“Texas redistricting plan denied preclearance; Abbott will appeal”: Chuck Lindell has this article today in The Austin American-Statesman.

In today’s edition of The Washington Post, Robert Barnes reports that “Texas redistricting discriminates against minorities, federal court says.”

David G. Savage of The Los Angeles Times reports that “Court rejects Texas legislative districts as discriminatory; The ruling, if upheld on appeal, will force Texas lawmakers to redraw the districts for Congress and the state Legislature so as to elect a greater number of minorities.”

Jess Bravin of The Wall Street Journal reports that “Texas Redistricting Hit Minorities, Court Rules.”

The New York Times reports that “Federal Court Finds Texas Voting Maps Discriminatory.”

The San Antonio Express-News reports that “Texas redistricting plan ruled illegal.”

And The Fort Worth Star-Telegram reports that “Federal judges overturn Texas redistricting maps.”

You can access yesterday’s opinion of a three-judge court of the U.S. District Court for the District of Columbia at this link.

Posted at 11:00 AM by Howard Bashman



Monday, August 20, 2012

Programming note: As has been the case in each of the past ten years of this blog’s existence, in the last few weeks of August I go on vacation. As a result, new posts cease to appear here for a little while.

Because this time next year my son will be heading off to college, this year’s vacation will include visiting seven colleges and seeing my first Boston Red Sox game at Fenway Park.

Additional posts will appear here on Wednesday, August 29th.

Posted at 12:33 AM by Howard Bashman



Sunday, August 19, 2012

“Fate of Pennsylvania’s voter ID law rests in the hands of 6 state Supreme Court justices”: This article appears today in The Patriot-News of Harrisburg, Pennsylvania.

Posted at 10:42 PM by Howard Bashman



“State says it can’t reduce inmate total”: Bob Egelko has a news update that begins, “California officials, under U.S. Supreme Court orders to lower the population of its crowded prisons by 33,000 to bring a shoddy health care system up to constitutional standards, say they can’t comply and shouldn’t have to.”

Posted at 10:38 PM by Howard Bashman



“Iowa judge likely to avoid politics despite pressure”: Today’s edition of The Quad-City Times of Davenport, Iowa contains an article that begins, “Despite two groups actively seeking his ouster from Iowa’s highest court, Justice David Wiggins seems content to let others pick up his political fight.”

Posted at 9:38 AM by Howard Bashman



“Leaks at the Supreme Court: It would be an ethical violation for a law clerk to divulge court secrets to the press, even at the behest of a justice.” Todd C. Peppers will have this essay in Monday’s edition of The National Law Journal.

Posted at 9:18 AM by Howard Bashman