How Appealing



Tuesday, December 11, 2012

“Religious colleges challenge health care law’s contraception rule”: Michael Doyle of McClatchy Newspapers has this report.

Posted at 7:21 PM by Howard Bashman



“Attorneys: Orie Melvin shouldn’t face criminal charges.” In today’s edition of The Pittsburgh Post-Gazette, Paula Reed Ward has an article that begins, “Defense attorneys for suspended state Supreme Court Justice Joan Orie Melvin argued in a legal filing Friday that the suspended jurist should not be facing criminal charges because activity by court employees is to be regulated only by the judiciary.”

Posted at 7:20 PM by Howard Bashman



“In what circumstances, if ever, does the common law duty of a commercial property owner to provide emergency first aid to invitees require the availability of an Automatic External Defibrillator for cases of sudden cardiac arrest?” Today, the majority on a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued an order certifying that question for resolution by the Supreme Court of California. The dissenting judge would have held that California law imposes the duty in question under the circumstances of this case.

Update: At her “Trial Insider” blog, Pamela A. MacLean has a post titled “Does First Aid Include Providing Defibrillators?

And Courthouse News Service reports that “Calif. High Court Pulled Into Target Liability Case.”

Posted at 1:42 PM by Howard Bashman



“ACLU asks OAS to probe Padilla case”: The Associated Press has a report that begins, “The American Civil Liberties Union is asking the Organization of American States’ human rights commission to investigate the U.S. government for allegedly violating the rights of convicted terrorism plotter Jose Padilla by labeling him an ‘enemy combatant’ a decade ago and subjecting him to interrogation that amounted to torture, including sleep and sensory deprivation in solitary confinement.”

You can access the ACLU’s petition at this link.

Update: In other coverage, Reuters reports that “‘Enemy combatant’ Padilla files human rights action against U.S. government.”

Posted at 1:27 PM by Howard Bashman



“U.S. appeals court strikes down state’s concealed-carry ban”: The Chicago Tribune has this news update.

The Chicago Sun-Times has a news update headlined “Federal appeals court tosses state ban on carrying concealed weapons.”

And The Associated Press reports that “Court strikes down Illinois concealed carry law.”

My earlier coverage of today’s Seventh Circuit ruling appears in the post immediately below.

Update: In other coverage, Bloomberg News reports that “Court Voids Illinois Loaded-Gun Ban Outside Home, Work.”

And Reuters reports that “Appeals court strikes down Illinois ban on handguns in public.”

Posted at 1:22 PM by Howard Bashman



Majority on divided three-judge Seventh Circuit panel invalidates under the Second Amendment an Illinois law forbidding most people from carrying a loaded gun in public: You can access today’s ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.

Circuit Judge Richard A. Posner wrote the majority opinion, in which Circuit Judge Joel M. Flaum joined. Circuit Judge Ann Claire Williams issued a dissenting opinion.

Update: The majority opinion concludes: “we order our mandate stayed for 180 days to allow the Illinois legislature to craft a new gun law that will impose reasonable limitations, consistent with the public safety and the Second Amendment as interpreted in this opinion, on the carrying of guns in public.”

Posted at 11:33 AM by Howard Bashman



“Iowa Supreme Court to Hear Birth-Certificate Case Brought By Same-Sex Couple”: Ryan Koopmans has this post today at “On Brief: Iowa’s Appellate Blog.”

Posted at 10:45 AM by Howard Bashman



“Edie Windsor, the Unlikely (and Ideal) Face of Same-Sex Marriage: An 82-year-old plaintiff, whose case may finally end the Defense of Marriage Act, looks back at her four-decade-long union to the love of her life.” Andrew Cohen has this essay online at The Atlantic.

Posted at 9:44 AM by Howard Bashman



“Supreme Court Asked to Review $222K Landmark File-Sharing Case”: David Kravets has this post at Wired.com’s “Threat Level” blog.

Posted at 9:38 AM by Howard Bashman



Monday, December 10, 2012

“The Supreme Court’s burgeoning business agenda”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report.

Posted at 3:10 PM by Howard Bashman



“In D.C. Circuit, AIG Defends Confidentiality of Corporate Monitor Reports”: Mike Scarcella has this post today at “The BLT: The Blog of Legal Times.”

Posted at 1:14 PM by Howard Bashman



Access online today’s Order List of the U.S. Supreme Court: You can access today’s Order List at this link. The Court did not grant review in any new cases.

At 10 a.m. eastern time today, the Court is expected to issue one or more rulings in argued cases.

Update: In early news coverage, The Associated Press reports that “Justices won’t reinstate award against Hustler mag.”

And Reuters reports that “Top court rejects taxpayer challenge to AIG bailout” and “U.S. top court won’t consider fate of trademarks in bankruptcy.”

Posted at 9:42 AM by Howard Bashman



“Federal Circuit Declines Chance to Eliminate Split Involving Standard of Review, Prompting Blistering Dissent”: Nicholas J. Wagoner has this post today at the “Circuit Splits” blog.

Posted at 8:34 AM by Howard Bashman



Sunday, December 9, 2012

Disagreement between Chief Judge Easterbrook and Circuit Judge Posner on whether to affirm criminal convictions obtained on “stated income” mortgage loans has resulted in the Seventh Circuit‘s granting of rehearing en banc: You can access Friday’s order granting rehearing en banc at this link.

The original three-judge panel’s decision, which the order granting rehearing en banc has vacated, can be accessed here. Chief Judge Frank H. Easterbrook wrote the majority opinion, which upheld the convictions. Circuit Judge Richard A. Posner dissented.

You can access the audio of the oral argument before the original three-judge panel via this link.

Posted at 10:42 PM by Howard Bashman