How Appealing



Sunday, December 9, 2012

“Why Judges Can’t Hear Each Other on Affirmative Action: The law says such programs benefit society as a whole; But the judges — on both sides — think of it as a favor that ‘we’ do for ‘them.'” Garrett Epps has this essay online at The Atlantic.

Posted at 1:15 PM by Howard Bashman



“Gay marriage pressure back on Obama”: Josh Gerstein of Politico.com has this report.

At “NYRblog,” the blog of The New York Review of Books, law professor David Cole has a post titled “Laws Not Fit to be Defended.”

And online at The American Prospect, E.J. Graff has an essay titled “Be Afraid, Be Very Afraid: SCOTUS Takes on Same-Sex Marriage; With the broad questions being placed before it, the Court has the opportunity to do significant damage.”

Posted at 1:12 PM by Howard Bashman



“Supreme Court showdown expected over gay rights decisions; Conservative giants Anthony Kennedy and Antonin Scalia are likely to be on opposing sides when the justices rule on marriage and federal benefits”: David G. Savage has this front page article today in The Los Angeles Times.

Today’s edition of The New York Times contains an article headlined “Worry Tempers Joy Over Gay Marriage’s Moment in Court.”

And The San Francisco Chronicle contains articles headlined “Jitters as Prop. 8 goes to high court” and “Gays walk to altar to take a bit longer.”

Posted at 9:52 AM by Howard Bashman



Saturday, December 8, 2012
Friday, December 7, 2012

“Supreme Court to Take Up Gay Marriage”: Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined “Supreme Court to hear same-sex marriage cases.”

David G. Savage of The Los Angeles Times has a news update headlined “Supreme Court to rule on California’s Prop. 8 ban on gay marriage.”

Jess Bravin of The Wall Street Journal has a news update headlined “Supreme Court to Hear Gay-Marriage Cases.”

Richard Wolf of USA Today has a news update headlined “Supreme Court to take up same-sex marriage.”

Warren Richey of The Christian Science Monitor reports that “Gay marriage reaches Supreme Court: Justices to review Prop 8., DOMA; The two cases being taken up by the Supreme Court involve a challenge to California’s Prop. 8 ban on gay marriage and a suit from New York City testing the federal Defense of Marriage Act.”

Michael Doyle of McClatchy Newspapers reports that “Supreme Court will review gay marriage cases.”

Bob Egelko of The San Francisco Chronicle has a news update headlined “Supreme Court to decide same-sex marriage.”

Howard Mintz of The San Jose Mercury News has an update headlined “U.S. Supreme Court to review Proposition 8 case.”

Greg Stohr of Bloomberg News reports that “Gay Marriage Gets Supreme Court Review for the First Time.”

Terry Baynes of Reuters reports that “Supreme court to review same-sex marriage cases.”

At “SCOTUSblog,” Lyle Denniston has a post titled “On same-sex marriage, options open.”

And at “The BLT: The Blog of Legal Times,” Marcia Coyle has a post titled “Supreme Court to Hear Historic Same-Sex Marriage Cases.”

Posted at 5:00 PM by Howard Bashman



Thursday, December 6, 2012

“Report from en banc Fourth Circuit oral argument in pregnancy center compelled speech cases”: Kevin C. Walsh has this post at his blog, “walshslaw.”

Posted at 10:10 PM by Howard Bashman



“Federal judges file class action demanding pay raise”: Erin Geiger Smith has this report today at Alison Frankel’s “On the Case” from Thomson Reuters News & Insight.

Posted at 8:44 PM by Howard Bashman



Programming note: I will be visiting with co-counsel in the Wilkes-Barre, Pennsylvania area to prepare for the oral argument that I will be presenting next Wednesday to an en banc panel of the Commonwealth Court of Pennsylvania in the third and final case described in this recent post, which provides access to my client’s appellate briefs and the trial court’s ruling.

Additional posts will appear here this afternoon.

Posted at 7:03 AM by Howard Bashman



Wednesday, December 5, 2012

C-SPAN’s Book TV has posted online the video of a discussion about the U.S. Supreme Court featuring authors Clare Cushman, Anthony Franze, Todd Peppers, Jeffrey Toobin, and Artemus Ward: Tony Mauro, Supreme Court correspondent for The National Law Journal, served as the discussion‘s moderator. You can view the video by clicking here.

Posted at 10:28 PM by Howard Bashman



“Court gets new, more basic marriage case”: At “SCOTUSbog,” Lyle Denniston has a post that begins, “Lawyers for a group defending Nevada’s ban on same-sex marriage asked the Supreme Court on Wednesday afternoon to decide the most basic constitutional question in that controversy: must a state allow gays and lesbians to get married.”

Posted at 8:11 PM by Howard Bashman



“The Opening for a Fresh ObamaCare Challenge: By defining the mandate as a tax, one that will not be uniformly applied, the Supreme Court ran afoul of the Constitution.” David B. Rivkin and Lee A. Casey will have this op-ed Thursday in The Wall Street Journal.

Posted at 8:02 PM by Howard Bashman



“Circuit Split Watch: Press Access Not a Slam Dunk.” Michelle Olsen has this post today at her “Appellate Daily” blog.

Posted at 2:55 PM by Howard Bashman



“Frustrating (and telling) myopia concerning criminal justice among SCOTUS elite”: Douglas A. Berman has this post today at his “Sentencing Law and Policy” blog.

Posted at 2:47 PM by Howard Bashman



“Michigan Supreme Court Campaign Credits Facebook Ads With Margin of Victory; Can Social-Media Ads Win An Election?” Ad Age has this blog post.

Posted at 2:37 PM by Howard Bashman



“Fast-track effort on new race case”: At “SCOTUSblog,” Lyle Denniston has a post that begins, “Lawyers for Michigan, moving rapidly with a new case on the use of race in college admissions, have laid out a plan to get the Supreme Court to hear and decide the case in the current Term.” You can view the petition for writ of certiorari at this link.

Posted at 2:25 PM by Howard Bashman