How Appealing

Thursday, March 28, 2013

“Marriage Cases May Hinge on Procedure”: In Friday’s edition of The Wall Street Journal, Jess Bravin will have an article that begins, “In 1793, George Washington’s administration asked the Supreme Court for help interpreting treaties. The court politely declined, telling the first president that it was in business to resolve actual disputes, not to give advice.”

Friday’s edition of The New York Times will contain an article headlined “For Obama, Tricky Balancing Act in Enforcing Defense of Marriage Act.”

And Reuters has a news analysis headlined “Gay marriage rights may carry bigger U.S. tax burden for some.”

Posted at 11:03 PM by Howard Bashman

“Fetal-Heartbeat Abortion Laws Are Dangerous Even If Judges Reject Them”: Molly Redden has this essay online at The New Republic.

Posted at 5:18 PM by Howard Bashman

“The Computer Fraud and Abuse Act Is a Failed Experiment”: At, Eric Goldman has a blog post today that begins, “In light of Aaron Swartz’s tragic suicide, there has been a lot of discussion — some productive, some not — about reforming the Computer Fraud & Abuse Act.”

Posted at 4:55 PM by Howard Bashman

“Woman can sue ‘Girls Gone Wild'”: Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, “A Cartersville woman whose photo was used without her permission in ads for a racy video can sue the producers of ‘Girls Gone Wild, College Girls Exposed,’ the Georgia Supreme Court ruled Thursday.”

You can access today’s ruling of the Supreme Court of Georgia at this link.

Update: In other coverage, The Associated Press reports that “Court OKs right to sue in ‘Girls Gone Wild’ case.”

Posted at 3:25 PM by Howard Bashman

In the April 2013 issue of ABA Journal magazine: Mark Walsh has an article headlined “Court weighs whether a prosecutor can use a defendant’s refusal to answer a question.”

David L. Hudson Jr. has an article headlined “More states see tort limits challenged as unconstitutional.”

James Podgers has an article headlined “Trial of Socrates still raises questions about the relationship between citizens and their states.”

And the new installment of Bryan A. Garner’s “On Words” column is titled “What judges really think about the phrase ‘May it please the Court?’

Posted at 1:22 PM by Howard Bashman

“Study finds class affects Law School experience”: Today’s edition of The Yale Daily News contains an article that begins, “When Yale Law School sends out its coveted admission letters, the nation’s top-ranked law school may not be guaranteeing an equal shot at success for all members of its future classes, a new report has found.”

Posted at 11:07 AM by Howard Bashman

“Justices Cast Doubt on Benefits Ban in U.S. Marriage Law”: Adam Liptak and Peter Baker have this article today in The New York Times. The newspaper also contains articles headlined “Plaintiff, 83, Is Calm Center in a Legal and Political Storm” and “Success on Political Front Can Be Setback in Gay Rights.” And an editorial is titled “The Indefensible Marriage Act.”

In today’s edition of The Washington Post, Robert Barnes has an article headlined “Majority of Supreme Court justices question constitutionality of Defense of Marriage Act.” Columnist Dana Milbank has an op-ed titled “The swing vote is in (so stop kissing up).” And columnist Ruth Marcus has an op-ed titled “Supreme Court seems to be inching toward marriage equality.”

David G. Savage and David Lauter of The Los Angeles Times report that “Court seems to be leaning against Defense of Marriage Act; Five justices sound skeptical of the ban on federal benefits for same-sex spouses, a day after a hearing seen as favorable to gay marriage in California.” And a related article is headlined “Outside Supreme Court, activists face off for a second day; As the Supreme Court turns its attention from Proposition 8 to the federal Defense of Marriage Act, demonstrators for and against the law rally outside.”

Jess Bravin of The Wall Street Journal reports that “Justices Show Reluctance for Broad Marriage Ruling.” And related articles are headlined “Obama’s Actions Over Law Questioned” and “Widow Gets Day in Court as Justices Weigh Gay Marriage.”

Richard Wolf and Kevin Johnson of USA Today have an article headlined “Justices attack both sides in Defense of Marriage case; Justice Anthony Kennedy’s comments suggest the federal Defense of Marriage Act may be on the way out; But first, the justices must decide if the case is properly before them for a decision.” The newspaper also contains an article headlined “Who wins, who loses if Defense of Marriage Act dies: With the Supreme Court possibly poised to declare the law unconstitutional, the financial, legal and societal impacts are just being sorted out.”

Michael Doyle of McClatchy Newspapers has an article headlined “Gay-marriage debate day 2: Supreme Court takes up Defense of Marriage Act.” And a related article reports that “In federal gay-marriage case, more than 1,100 benefits at stake.”

Warren Richey of The Christian Science Monitor has an article headlined “Anti-gay marriage law gets chilly reception from key Supreme Court justice; Supreme Court Justice Anthony Kennedy is seen as a potential swing vote on DOMA, a gay marriage law that bars federal benefits to same-sex couples; He repeatedly raised concerns in oral arguments Wednesday.”

The Washington Times contains articles headlined “Supreme Court justices question DOMA’s range, consider effect act has in states” and “Obama administration under fire in gay marriage arguments.”

Howard Mintz of The San Jose Mercury News has an article headlined “Gay marriage and the U.S. Supreme Court: Don’t look for sweeping rulings.”

The San Francisco Chronicle reports that “DOMA stirs skepticism among justices.”

The Journal News of White Plains, New York contains an article headlined “Vicki Jackson, attorney arguing gay marriage case, is New Rochelle native.”

Greg Stohr and Laurie Asseo of Bloomberg News report that “Gay-Marriage Backers See Supreme Court Boost Short of Full Win.”

Lawrence Hurley and David Ingram of Reuters report that “Supreme Court indicates it may strike down marriage law.” And Joan Biskupic has a news analysis headlined “High court energizes gay rights cause even as it resists.”

Josh Gerstein of has reports headlined “Disappointing wins for gay marriage?“; “Despite critique, Roberts once failed to defend a law“; and “Elena Kagan’s DOMA ‘gotcha’ moment.”

And at “The BLT: The Blog of Legal Times,” Todd Ruger has a post titled “Lawyers Reflect on ‘Super Bowl of Supreme Court Arguments.’

Posted at 9:00 AM by Howard Bashman

“Comcast wins in class-action lawsuit”: This front page article appears today in The Philadelphia Inquirer.

Today’s edition of The New York Times reports that “Court Rejects Antitrust Suit in Victory for Comcast.”

Andrew Longstreth of Reuters reports that “Plaintiffs’ bar dodges bullet in Comcast antitrust decision.”

Greg Stohr and Alex Sherman of Bloomberg News report that “Comcast Backed by High Court on Philadelphia Antitrust Suit.

The Washington Times contains an editorial titled “Reining in class action: The Supreme Court applies a smell test to jackpot justice.”

And online at Forbes, Daniel Fisher has a blog post titled “Class Actions Take Another Hit As Supreme Court Rejects Comcast Antitrust Case.”

Posted at 8:20 AM by Howard Bashman