How Appealing



Friday, December 14, 2012
Thursday, December 13, 2012

“Filling the federal bench: Obama needs to fight harder, and the Senate needs to give his nominees up-or-down votes.” Robert C. Post and Daniel Schuker will have this op-ed Friday in The Los Angeles Times.

Posted at 10:02 PM by Howard Bashman



“The Arguments for Gay Marriage Undermine Affirmative Action: Here’s how Justice Kennedy could vote to recognize same-sex unions and scrap racial preferences.” Richard D. Kahlenberg has this jurisprudence essay online at Slate.

Posted at 9:05 PM by Howard Bashman



“New crosses in place near Lindon for fallen UHP troopers”: Today’s edition of The Deseret News contains an article that begins, “New crosses honoring 15 fallen Utah Highway Patrol troopers now overlook I-15 just north of exit 273, taking the place of memorials that were removed from public land following a U.S. Supreme Court decision last year.”

Posted at 4:12 PM by Howard Bashman



“Judicial Nominations and Confirmations in Obama’s First Term”: Russell Wheeler of The Brookings Institution has posted online this paper. You can access a summary by clicking here.

Posted at 4:05 PM by Howard Bashman



“Eighth Circuit Creates Intra-Circuit Conflict-In One Day”: Ryan Koopmans has this post today at “On Brief: Iowa’s Appellate Blog.”

Posted at 3:45 PM by Howard Bashman



“New Senator says ‘Aloha’ to Senate Judiciary Committee”: Todd Ruger has this post today at “The BLT: The Blog of Legal Times.”

Posted at 1:14 PM by Howard Bashman



“Will Churches Be Forced To Conduct Gay Weddings? Not a chance; That’s just the scare tactic conservative groups use to frighten voters.” Emily Bazelon has this jurisprudence essay online at Slate.

Posted at 9:18 AM by Howard Bashman



“Constitution Check: Should gay Americans be afraid of the Supreme Court?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 9:12 AM by Howard Bashman



Wednesday, December 12, 2012

“Police whistleblower lawsuit gets new hearing”: This post appears today at the “Crime Blotter” blog of The Press-Enterprise of Riverside, California.

At her “Trial Insider” blog, Pamela A. MacLean has a post titled “Circuit Revives Officer Suit Over Burbank Police Abuse.”

And Courthouse News Service reports that “Full Circuit Reopens Case of Whistle-Blowing Cop.”

You can access yesterday’s order of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc at this link. The original three-judge panel’s ruling can be accessed here.

Posted at 9:50 PM by Howard Bashman



“Delaware’s business court presses for secret arbitration”: Tom Hals has this report today at Alison Frankel’s “On the Case” from Thomson Reuters News & Insight.

Posted at 8:04 PM by Howard Bashman



“No Harm, No Standing: In the California gay-marriage case, no one has a legal interest in denying someone else’s happiness.” Walter Dellinger has this jurisprudence essay online at Slate.

Posted at 5:12 PM by Howard Bashman



“Should Scalia step aside in gay marriage cases?” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report.

Posted at 4:55 PM by Howard Bashman



“The Animus of Antonin Scalia”: Amy Davidson has this blog post online today at The New Yorker.

Today’s edition of The Daily Princetonian contains an article headlined “Challenging Justice Antonin Scalia, Hosie ’16 brings international attention to Princeton” that begins, “In the span of less than a day, Duncan Hosie ’16 — a San Francisco native interested in constitutional law — has attained international recognition for questioning Supreme Court Justice Antonin Scalia about his comparison of laws banning homosexuality to laws banning bestiality and murder.”

In today’s edition of The Los Angeles Times, David G. Savage has an article headlined “Justice Antonin Scalia defends writings on anti-gay laws; Confronted by a gay student at Princeton University, the high court justice says his comparison of laws did not equate homosexuality with bestiality or murder.”

And Dana Milbank of The Washington Post has an op-ed headlined “Scalia blocks the aisle against gay marriage.”

Posted at 4:26 PM by Howard Bashman



This is why I never demand more than $100 million for my blogging: Reuters has an article headlined “Unpaid bloggers lose bid to revive Huffington Post case.” According to the article, “A three-judge panel of the 2nd U.S. Circuit Court of Appeals in New York on Wednesday rejected claims that the bloggers deserved $105 million of the deal’s purchase price.”

You can access today’s non-precedential Summary Order of the U.S. Court of Appeals for the Second Circuit at this link.

Posted at 4:16 PM by Howard Bashman



“Standing and Delivering”: At the “Opinionator” blog of The New York Times, Linda Greenhouse has a post that begins, “Is it heretical of me, or merely quirky, to find myself nearly as fascinated by the procedural game the Supreme Court is playing in the same-sex marriage cases as I am by the underlying merits of the two appeals the court has agreed to decide?”

Posted at 10:02 AM by Howard Bashman



Tuesday, December 11, 2012

Programming note: On Wednesday morning, I will be presenting oral argument to an en banc panel of the Commonwealth Court of Pennsylvania in Harrisburg at the lovely new Pennsylvania Judicial Center.

Late last year, The Citizens’ Voice of Wilkes-Barre, Pennsylvania reported on the trial court’s ruling in an article headlined “Judge awards millions to Dallas, Pittston Area from health trust.” You can access the appellate briefs that I filed on my client’s behalf in this case at the following links: Brief for Appellant; Reply Brief for Appellant.

Eventually, the video of the oral argument should be available online via the web site of the Pennsylvania Cable Network. I will link to the video when it becomes available.

My next post here is likely to appear sometime in the afternoon on 12/12/12.

Update: The oral argument seemed to go quite well. Now we await the court’s ruling.

Posted at 11:00 PM by Howard Bashman



“Abortion Clinic Presses to Stay Open”: Wednesday’s edition of The Wall Street Journal will contain an article that begins, “Mississippi’s only abortion clinic says it won’t be able to meet a requirement of a new state law that tightens regulations for abortion providers, and has asked a federal judge to prevent state officials from revoking its license.”

You can freely access the full text of the article via Google News.

Posted at 10:52 PM by Howard Bashman



“In a first, the Bill of Rights is set in stone; Comedian convinces Arizona to place monument near state capitol”: Tony Mauro has this article in the current issue of The National Law Journal.

Posted at 7:32 PM by Howard Bashman