How Appealing

Wednesday, March 20, 2013

“$10 court-records access fee proposed”: Bob Egelko of The San Francisco Chronicle has an article that begins, “Looking up records in the county courthouse, which is now free, would cost $10 per file under a proposal in Gov. Jerry Brown’s budget that was quietly drafted by officials of the cash-starved state courts.”

Posted at 11:44 PM by Howard Bashman

“A Colorblind Constitution: What Abigail Fisher’s Affirmative Action Case Is Really About.” Nikole Hannah-Jones has this article online at ProPublica.

Posted at 11:12 PM by Howard Bashman

“‘Regular’ couples at core of historic gay marriage case; Two otherwise unremarkable couples from California hope to change the face of marriage in America by convincing the Supreme Court to legalize same-sex marriage from coast to coast”: Richard Wolf will have this article in Thursday’s edition of USA Today.

Posted at 11:05 PM by Howard Bashman

“One-on-one with Pa. Supreme Court Chief Justice Ron Castille”: ABC television affiliate WHTM of Harrisburg, Pennsylvania today has this report, which is the first in a two-part series.

Posted at 10:54 PM by Howard Bashman

“Wedding Bells”: At the “Opinionator” blog of The New York Times, Linda Greenhouse has a post that begins, “I was at the Library of Congress the other day, doing some research in Justice Harry A. Blackmun’s collected papers there (an amazing gift that keeps on giving to anyone interested in the history of the Supreme Court in the last three decades of the 20th century).”

Posted at 9:51 PM by Howard Bashman

“‘Partial-Birth Abortion’ litigation: An example of the problem of an uncertain role definition for federal trial judges.” Senior U.S. District Judge Richard G. Kopf had this interesting post Sunday at his blog, “Hercules and the Umpire.”

In September 2011, Judge Kopf recused himself from presiding over civil cases involving the regulation of abortion. The explanation he provided for that recusal can be accessed here.

Posted at 9:00 PM by Howard Bashman

“Supreme Court chews over case pitting raisin farmers against USDA”: Michael Doyle of McClatchy Newspapers has this report.

Posted at 5:51 PM by Howard Bashman

“Supreme Court trims N.C. share of disabled child’s malpractice settlement”: Michael Doyle of McClatchy Newspapers has this report.

Posted at 5:28 PM by Howard Bashman

You can now access online the audio from yesterday’s two noteworthy Third Circuit oral arguments: The oral argument in the GPS tracking case, United States v. Katzin, can be accessed via this link.

And the oral argument in NLRB v. New Vista Nursing, the recess appointments case, can be accessed via this link.

Posted at 4:56 PM by Howard Bashman

“Young Opponents of Same-Sex Marriage Undaunted”: This article will appear Thursday in The New York Times.

And California Lawyer magazine has posted online three related law professor essays. Erwin Chemerinsky‘s essay is titled “Gay Marriage at the Supreme Court: What to anticipate in the marriage equality oral arguments.”

Douglas W. Kmiec‘s essay is titled “Faith, Reason, and Prop. 8 at the U.S. Supreme Court.”

And Rory K. Little‘s essay is titled “Prop. 8 Should Be Decided on the Merits.”

Posted at 2:44 PM by Howard Bashman

“Argument recap: If only it were simple . . .” At “SCOTUSblog,” Lyle Denniston has a post that begins, “A portentous constitutional issue hung in the air Wednesday as the Supreme Court examined government seizures of private property, and everybody seemed to want to have it decided.”

Posted at 2:16 PM by Howard Bashman

“The Federalist Case Against the Defense of Marriage Act: The debate over gay marriage and federal power reaches the Supreme Court.” Damon W. Root has this essay online at Reason.

Posted at 10:24 AM by Howard Bashman

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

1. Justice Anthony M. Kennedy delivered the opinion of the Court in Decker v. Northwest Environmental Defense Center, No. 11-338. Chief Justice John G. Roberts, Jr. issued a concurring opinion, in which Justice Samuel A. Alito, Jr. joined. Justice Antonin Scalia issued an opinion concurring in part and dissenting in part. And Justice Stephen G. Breyer did not participate in the ruling. You can access the oral argument via this link.

2. And Justice Kennedy delivered the opinion of the Court in Wos v. E.M.A., No. 12-98. Justice Breyer issued a concurring opinion. And Chief Justice Roberts issued a dissenting opinion, in which Justices Scalia and Clarence Thomas joined. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that “Court sides with timber industry in runoff dispute” and “Disabled teen wins high court case over settlement.”

And Lawrence Hurley of Reuters reports that “High court rules for timber industry over road runoff.”

Posted at 10:05 AM by Howard Bashman

“Justices Permit Resale of Copyrighted Imports”: Adam Liptak has this article today in The New York Times.

In today’s edition of The Washington Post, Robert Barnes has an article headlined “In copyright case, Supreme Court rules that goods made overseas can be resold here.”

In today’s edition of The Los Angeles Times, David G. Savage and Dawn Chmielewski have an article headlined “Supreme Court sides with book reseller in copyright ruling; The Supreme Court’s ruling on copyrighted works bought abroad and resold in the U.S. gives discount retailers a victory and the entertainment industry a setback.”

In today’s edition of The Wall Street Journal, Brent Kendall has an article headlined “High Court Rules in Favor of Book Reseller.” You can freely access the full text of the article via Google.

On yesterday evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “Supreme Court OKs Discounted Resale Of ‘Gray Market’ Goods.”

Erin Geiger Smith of Reuters reports that “Copyright holders assess what’s next after SCOTUS first-sale ruling.”

The Chronicle of Higher Education reports that “In Win for Libraries Over Publishers, Supreme Court Upholds Reselling of Foreign Books.”

Inside Higher Ed reports that “Libraries Can Lend Foreign Books.”

At the “School Law Blog” of Education Week, Mark Walsh has a post titled “Justices Rule Against Publishers in Textbook Copyright Case.”

At’s “Threat Level” blog, David Kravets has a post titled “Supreme Court Boosts Right to Resell Copyrighted Goods.”

Joe Mullin of Ars Technica reports that “Supreme Court upholds first-sale doctrine in textbook resale case; Thai student’s book-importing business was not a copyright crime.”

The Hill has a blog post titled “Supreme Court: Copyrighted goods can be resold in the US.”

And at, Daniel Fisher has a post titled “Supreme Court Upholds Right To Sell Foreign-Published Books.”

Posted at 8:35 AM by Howard Bashman