How Appealing



Wednesday, February 27, 2013

“DOJ: Dismiss Suit Over Supreme Court Visitor’s ‘Occupy Everywhere’ Jacket.” Mike Scarcella has this post at “The BLT: The Blog of Legal Times.”

Posted at 8:15 PM by Howard Bashman



“Circuit Nominee Enjoys Extra Friendly Reception at Senate Committee Hearing”: At “The BLT: The Blog of Legal Times,” Todd Ruger has a post that begins, “Jane Kelly got an extra friendly reception from the Senate Judiciary Committee at her confirmation hearing Wednesday for the U.S. Court of Appeals for the Eighth Circuit, soaking up a stream of compliments and fielding questions about why diversity in the courts is important.”

Posted at 6:09 PM by Howard Bashman



“Supreme Court Dismisses Challenge to FISA Amendments Act; EFF’s Lawsuit Over NSA Warrantless Wiretapping Remains”: The Electronic Frontier Foundation has this blog post today.

Posted at 6:07 PM by Howard Bashman



Programming note: I will be away from the computer this afternoon to meet with trial counsel in connection with an appeal on which I may be working. Consequently, additional posts will appear here this evening.

Once the U.S. Supreme Court posts online the transcript of this morning’s oral argument in Shelby County, Alabama v. Holder, No. 12-96, you will be able to access the transcript via this link.

Posted at 1:32 PM by Howard Bashman



“Voting rights law gets Supreme Court challenge”: Mark Sherman of The Associated Press has this report.

Greg Stohr of Bloomberg News reports that “Voting Rights Act Questioned as Top Court Weighs Rollback.”

Adam Liptak of The New York Times has a news update headlined “Conservative Justices Voice Skepticism on Voting Law.”

David G. Savage and David Lauter of The Los Angeles Times have a news update headlined “Supreme Court justices sharply divided in Voting Rights Act case.”

Richard Wolf of USA Today reports that “Supreme Court raises doubts about Voting Rights Act; The case is sandwiched between several other civil rights cases in a Supreme Court term that could be even more consequential than the previous one, when President Obama’s health care law was salvaged.”

Lawrence Hurley of Reuters reports that “Conservatives on high court cast doubt on voting law.”

At “SCOTUSblog,” Lyle Denniston has a post titled “Argument recap: Voting law in peril — maybe.”

And Sahil Kapur of TPM DC reports that “Conservative Justices Hammer The Voting Rights Act.”

Posted at 12:53 PM by Howard Bashman



“Appeals court voids Encore debt settlement”: Jonathan Stempel of Reuters has a report that begins, “A federal appeals court on Tuesday voided a controversial $5.2 million settlement intended to resolve allegations that Encore Capital Group Inc used false affidavits and other illegal tactics to collect debts from 1.44 million consumers.”

You can access yesterday’s ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.

Posted at 11:11 AM by Howard Bashman



“Superior Court opens its doors at Northampton County College to veterans and students”: Peter Hall has this article today in The Morning Call of Allentown, Pennsylvania.

Posted at 11:07 AM by Howard Bashman



“Brief Supporting Same-Sex Marriage Gets More Republican Support”: This article will appear in Thursday’s edition of The New York Times.

Posted at 11:03 AM by Howard Bashman



“Justice Souter: Working in Reverse, by Choice.” Michelle Olsen has this post today at her “Appellate Daily” blog.

Posted at 10:52 AM by Howard Bashman



Access online today’s rulings of the U.S. Supreme Court in argued cases: The Court today issued two decisions in argued cases.

1. Justice Ruth Bader Ginsburg delivered the opinion of the Court in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, No. 11-1085. Justice Samuel A. Alito, Jr. issued a concurring opinion. Justice Antonin Scalia issued a dissenting opinion. And Justice Clarence Thomas issued a dissenting opinion, in which Justice Anthony M. Kennedy joined in full and Justice Scalia joined in part. You can access the oral argument via this link.

2. And Chief Justice John G. Roberts, Jr. delivered the opinion for a unanimous Court in Gabelli v. SEC, No. 11-1274. You can access the oral argument via this link.

In early news coverage, The Associated Press has a report headlined “Court: No extra time to sue for securities fraud.”

Greg Stohr of Bloomberg News reports that “Securities-Fraud Suits Backed by Supreme Court in Amgen Case” and “SEC Must File Fraud Suits Sooner, U.S. Supreme Court Rules.”

And Lawrence Hurley and David Ingram of Reuters report that “Supreme Court rules against Amgen in class action” and “Supreme Court limits SEC authority to seek penalties.”

Posted at 10:06 AM by Howard Bashman



“Ohio court hearing arguments in school Bible case”: The Associated Press has a report that begins, “Attorneys for a fired public school science teacher who kept a Bible on his desk plan to argue before the Ohio Supreme Court that the teacher’s dismissal was unconstitutional.”

The case is scheduled for oral argument today in the Supreme Court of Ohio. That court’s Public Information Office has prepared a summary of the case headlined “Did Public School Teacher’s Firing for Presenting Religious Doctrine In Science Class Violate His Free Speech Rights? Suit Alleges School Board Policy Barring Teaching of Creationism Is Unconstitutional.”

The teacher case is the second case scheduled for oral argument this morning. The summary of the first case scheduled for oral argument is headlined “May Plaintiff Pursuing Civil Claim Based on Alleged Sexual Assault File Suit and Proceed Under ‘John Doe’ Pseudonym? Does Intimate Nature of Conduct Support Exception to Rule Requiring Use of Real Name.”

The court provides a live video stream of the oral arguments beginning at 9 a.m eastern time at this link.

Posted at 8:54 AM by Howard Bashman



“Voting Act Challenge Hinges on a Formula”: Adam Liptak has this article today in The New York Times.

Mark Sherman of The Associated Press reports that “Voting rights law gets Supreme Court challenge.”

Today’s broadcast of NPR’s “Morning Edition” contained an audio segment titled “Supreme Court Weighs Future Of Voting Rights Act” featuring Nina Totenberg.

And online at Mother Jones, Adam Serwer has an article headlined “Chief Justice Roberts’ Long War Against the Voting Rights Act: Roberts has been a critic of the Voting Rights Act for 30 years; Now he will help decide whether the law’s most important section lives or dies.”

Posted at 8:35 AM by Howard Bashman



“Supreme Court questions sides in challenge of Md. DNA law; Ruling from justices could come in a few months”: This article appears today in The Baltimore Sun.

The Daily Times of Salisbury, Maryland reports today that “DNA decision to affect nation; Wicomico case heard by Supreme Court.”

Adam Liptak of The New York Times reports that “Justices Wrestle Over Allowing DNA Sampling at Time of Arrest.”

Robert Barnes of The Washington Post reports that “Supreme Court weighs DNA ‘fingerprinting.’

David G. Savage of The Los Angeles Times reports that “Justices closely split on routine DNA sampling by police.”

And yesterday evening’s broadcast of The PBS NewsHour contained a segment titled “Case on Police Collecting DNA From Criminals Reaches Supreme Court” featuring Marcia Coyle.

Posted at 8:30 AM by Howard Bashman



“Central Va. psychic loses appeal to US panel”: The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued yesterday.

And at “walshsblog,” Kevin C. Walsh has a post titled “Fourth Circuit rejects psychic’s free speech and free exercise challenges to Chesterfield County (VA) regulatory scheme.”

In earlier coverage, The Richmond Times-Dispatch previously reported that “‘Psychic Sophie’ takes constitutional case to appeals court.”

Posted at 8:17 AM by Howard Bashman



Tuesday, February 26, 2013

“Supreme Court to Tackle Voting-Rights Case”: Jess Bravin of The Wall Street Journal has this report.

Sahil Kapur of TPM DC reports that “Overturning The Voting Rights Act Would Be Seminal Moment For Conservative Legal Movement.”

Lawrence Hurley of Reuters reports that “Supreme Court to weigh ongoing validity of voting rights law.”

Warren Richey of The Christian Science Monitor has an article headlined “Voting Rights Act: Is major portion outdated? Supreme Court to hear arguments.”

The Washington Times reports that “Supreme Court to take key voting rights case.”

The Austin American-Statesman reports that “Voting rights case has Texas implications.”

Richard Wolf of USA Today has an article headlined “For ’60s civil rights leader, the march isn’t over.”

Ariane De Vogue of ABC News reports that “Challenge to the Voting Rights Act Reaches Supreme Court.”

Ryan J. Reilly of The Huffington Post has an article headlined “Supreme Court Voting Rights Act Case: DOJ’s Tom Perez Calls Section 5 ‘Regrettably’ Necessary.”

And from National Public Radio, yesterday evening’s broadcast of “All Things Considered” contained an audio segment titled “Alabama Divided As Court Prepares To Hear Voting Rights Challenge.” And yesterday’s broadcast of “Talk of the Nation” contained an audio segment titled “Is The Voting Rights Act Relevant In 2013?

Posted at 11:46 PM by Howard Bashman



“Abortion rights: Why New York is swimming against the national tide; New York Gov. Andrew Cuomo has come under fire for proposing a bill relaxing abortion controls even as many other states push restrictions; His office says the bill aims to strengthen Roe v. Wade.” The Christian Science Monitor has this report.

Posted at 11:26 PM by Howard Bashman



“Sen. Ted Cruz’s crusade draws praise from allies, scorn from critics”: This article appears today in The Fort Worth Star-Telegram.

Posted at 11:18 PM by Howard Bashman



“Justices Turn Back Challenge to Broader U.S. Eavesdropping”: Adam Liptak will have this article Wednesday in The New York Times.

In Wednesday’s edition of The Washington Post, Robert Barnes will have an article headlined “Supreme Court dismisses challenge to surveillance law.”

In Wednesday’s edition of The Los Angeles Times, David G. Savage will have an article headlined “Supreme Court rules out secret surveillance lawsuits; The ruling is the latest to shield the U.S. government’s anti-terrorism surveillance programs from court challenge; Critics see a setback for privacy rights.”

Warren Richey of The Christian Science Monitor has an article headlined “Surveillance law: US group can’t challenge it, Supreme Court rules; A 2008 surveillance law allows the US government to detect and track the messages of would-be foreign terrorists; Critics say it is overly broad, but on Tuesday the Supreme Court blocked a challenge to it.”

This evening’s broadcast of NPR’s “All Things Considered” contained an audio segment titled “Supreme Court Makes It Harder To Challenge Foreign Intelligence Surveillance Act” featuring Nina Totenberg.

Greg Stohr of Bloomberg News reports that “Wiretapping-Law Challenges Barred by U.S. Supreme Court.”

At Wired.com’s “Threat Level” blog, David Kravets has a post titled “Supreme Court Thwarts Challenge to Warrantless Surveillance.”

At Ars Technica. Joe Mullin reports that “Supreme Court kills activists’ challenge to FISA spying law; 5-4 decision holds groups can’t sue unless they can prove they were spied on.”

And Matt Sledge of The Huffington Post has an article headlined “Clapper v. Amnesty International, Warrantless Wiretapping Challenge, Struck Down By Supreme Court.”

Posted at 11:04 PM by Howard Bashman



“Halligan Vote Could Rekindle Judges Fight”: Roll Call has a report that begins, “The battle over judicial nominations in the Senate could reignite as soon as next week as Democrats look to fill what they argue are pressing vacancies.”

Posted at 9:40 PM by Howard Bashman



“Live robed girls on your home screen”: In today’s edition of The San Francisco Chronicle, columnist Jon Carroll has an op-ed that begins, “Justice Sonia Sotomayor has been pretty much everyplace recently; having a book to flog will do that to a person. Suddenly her opinions on a wide variety of issues are being parsed for their possible impact on her Supreme Court votes.”

Posted at 8:40 PM by Howard Bashman



“Federal Judge Oberdorfer, Who Died at 94, ‘Tried to Do Justice Wherever Possible'”: Zoe Tillman and Tony Mauro have this post today at “The BLT: The Blog of Legal Times.”

Posted at 3:54 PM by Howard Bashman