How Appealing



Thursday, December 27, 2012
Wednesday, December 26, 2012

“3 senators want in on detention arguments”: At Politico.com, Josh Gerstein has a blog post that begins, “Three Republican senators are asking that their lawyer be allowed to make a presentation when a federal appeals court hears oral arguments on the scope of a provision regarding law-of-war detention that Congress passed last year.”

Posted at 9:26 PM by Howard Bashman



“Contraceptives mandate left intact, for now”: Lyle Denniston has this post at “SCOTUSblog.”

You can access at this link the in-chambers opinion that Justice Sonia Sotomayor issued today in her capacity as Circuit Justice for the Tenth Circuit.

Posted at 5:44 PM by Howard Bashman



“The question we consider here is the extent to which overdraft fees imposed by a national bank are subject to state regulation.” So states the ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.

Update: In early news coverage, Bloomberg News reports that “Wells Fargo Wins Order Reversing Overdraft Fee Ruling.”

And Dan Levine of Reuters reports that “Wells Fargo doesn’t have to pay clients $203 mln.”

Posted at 1:25 PM by Howard Bashman



“The Constitution in 2013: Gains or losses on rights?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 7:35 AM by Howard Bashman



Monday, December 24, 2012

“Could Another ‘Borking’ Ever Succeed? In 1987, there were no websites or bloggers to counter a smear campaign led by Ted Kennedy.” Columnist L. Gordon Crovitz has this op-ed today in The Wall Street Journal.

You can freely access the full text of the op-ed via Google News.

Posted at 10:16 AM by Howard Bashman



Sunday, December 23, 2012

“U.S. appeals court nominee Robert E. Bacharach may have to be nominated again next year; Oklahoma Sen. Tom Coburn blames ‘inside politics’ for possibility that Bacharach, who has strong bipartisan support, might not be confirmed this year”: Chris Casteel has this article today in The Oklahoman.

Posted at 9:04 PM by Howard Bashman



“Obama’s impact on federal judiciary”: Robert Barnes will have this article Monday in The Washington Post.

Update: The article appears to suggest that President Obama had nominated Goodwin Liu to serve on the D.C. Circuit, when in fact then-professor Liu had been nominated to the Ninth Circuit. This blog’s previous coverage of that nomination can be accessed here and here, while this blog’s previous coverage of the nominee’s withdrawal can be accessed here and here.

Posted at 6:09 PM by Howard Bashman



Saturday, December 22, 2012

“Elmbrook Church graduation case could go to Supreme Court”: In Sunday’s edition of The Milwaukee Journal Sentinel, Bruce Vielmetti will have an article that begins, “The 1st Amendment dispute over Brookfield public high school graduations inside Elmbrook Church could be headed to the U.S. Supreme Court. With the help of a religious liberty group, a Stanford University law professor and one of the country’s biggest law firms, the Elmbrook School District on Friday filed a petition seeking high court review of a decision that went against the district in what advocates on both sides say could become one of the most significant church-state cases in years.”

You can access the petition for writ of certiorari at this link.

Posted at 9:55 PM by Howard Bashman



“The New Yorker must turn over unedited transcripts of interview with former Penn State President Graham Spanier”: The Patriot-News of Harrisburg, Pennsylvania has this report.

Posted at 10:14 AM by Howard Bashman



“Judge denies Orie Melvin’s legal arguments; Justice cannot use her position in the judiciary to evade charges”: In today’s edition of The Pittsburgh Post-Gazette, Paula Reed Ward has an article that begins, “An Allegheny County judge on Friday denied a motion by suspended state Supreme Court Justice Joan Orie Melvin in which she claimed that she should not face criminal prosecution because of her position in the judiciary.”

The Pittsburgh Tribune-Review reports that “Judge denies Orie Melvin claim of immunity.”

And The Associated Press reports that “Judge says suspended Joan Orie Melvin isn’t above criminal charges.”

According to these news reports, trial on these criminal charges is scheduled to begin on January 23, 2013.

Posted at 10:11 AM by Howard Bashman



“Appeals court puts hold on California gay conversion ban; The decision blocks the law designed to prevent therapists from trying to change minors’ sexual orientation pending a ruling on its constitutionality”: Maura Dolan has this article today in The Los Angeles Times.

And The San Francisco Chronicle reports today that “Court puts hold on gay conversion law.”

My earlier coverage of yesterday’s Ninth Circuit order appears in the post immediately below.

Posted at 9:52 AM by Howard Bashman



Friday, December 21, 2012

“Former top patent judge: system works ‘quite well,’ needs to be ‘stronger’; Prominent judges with radically different perspectives square off in debate”: Timothy B. Lee has this blog post at Ars Technica,

Posted at 2:54 PM by Howard Bashman



“For decades, Slesinger and Disney have disputed the Winnie-the-Pooh rights in both state and federal courts as well as at the Board.” So explains the majority opinion that a divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued today.

Back on June 17, 2011, John L. Welch had a post at “The TTABlog” titled “Applying Collateral Estoppel to the Ownership Issue, TTAB Enters Summary Judgment in ‘WINNIE THE POOH’ Trademark Dispute” about the ruling of the Trademark Trial and Appeal Board that gives rise to today’s Federal Circuit decision.

Posted at 2:40 PM by Howard Bashman