How Appealing



Wednesday, March 27, 2013

“SCOTUSblog” is among the recipients of the 72nd Annual Peabody Awards announced today by the University of Georgia’s Grady College of Journalism and Mass Communication: You can access the full list of winners at this link, and a related news release can be accessed here.

Posted at 10:18 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 Clarence Thomas delivered the opinion for a unanimous Court in Millbrook v. United States, No. 11-10362. You can access the oral argument via this link.

2. And Justice Antonin Scalia delivered the opinion of the Court in Comcast Corp. v. Behrend, No. 11-864. Justices Ruth Bader Ginsburg and Stephen G. Breyer issued a joint dissenting opinion, in which Justices Sonia Sotomayor and Elena Kagan joined. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that “Court turns away class action against Comcast” and “Court says gov’t can be sued over guards’ actions.”

And Jonathan Stempel of Reuters reports that “Supreme Court rules for Comcast in class action case.”

Posted at 10:05 AM by Howard Bashman



“Court to Hear Arguments on Defense of Marriage Act”: Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined “Supreme Court considers DOMA case.”

David G. Savage of The Los Angeles Times has a news update headlined “DOMA: Defense of Marriage Act up next at Supreme Court.”

Richard Wolf of USA Today has an article headlined “Next on the docket: Defense of Marriage Act.”

Lawrence Hurley of Reuters reports that “Supreme Court, in next gay marriage case, eyes federal law.”

Mark Sherman of The Associated Press reports that “High court hears case on federal benefits for gays.”

Greg Stohr of Bloomberg News has an article headlined “Court Reluctant on Gay Marriage Turns to Benefit Question.”

From NPR, yesterday’s broadcast of “Morning Edition” contained an audio segment titled “High Court’s Decision On Federal Marriage Law Has Tax Implications.” And today’s broadcast of “Morning Edition” contained an audio segment titled “DOMA Challenge Tests Federal Definition Of Marriage.”

Posted at 9:00 AM by Howard Bashman



“Justices Say Time May Be Wrong for Gay Marriage Case”: Adam Liptak has this front page article today in The New York Times. The newspaper also contains articles headlined “Oral Arguments Echo in Gatherings Across Nation” and “Good Friends, Same Party but Legal Opponents.” An editorial is titled “The California Marriage Case.” And columnist Maureen Dowd has an op-ed titled “Courting Cowardice.”

In today’s edition of The Washington Post, Robert Barnes has an article headlined “Supreme Court justices conflicted on same-sex marriage case.” In related coverage, “Thousands rally outside Supreme Court as it hears cases on gay marriage.” And in commentary, columnist Dana Milbank has an op-ed titled “Same-sex marriage can’t be stopped by courts“; columnist Matt Miller has an op-ed titled “Gay marriage is a matter of class“; and Jeff Chu has an op-ed titled “No court can change attitudes on marriage.”

David G. Savage and Noam N. Levey of The Los Angeles Times have an article headlined “Supreme Court seems willing to restore gay marriage in California; The sharply divided justices also appear uncomfortable with legalizing same-sex marriage nationwide.” And in related news, “Prop. 8 hearing draws thousands to Supreme Court; Church groups and other opponents of gay marriage vie for attention with same-sex couples, their children and other advocates of overturning California’s ban.”

Jess Bravin of The Wall Street Journal has an article headlined “Court Weighs Gay Marriage; Skeptical Justices Challenge Both Sides; Kennedy Warns of ‘Uncharted Waters.’

Warren Richey of The Christian Science Monitor has an article headlined “On Prop. 8, Supreme Court gives few hints of sweeping gay marriage ruling; Supreme Court arguments on Prop. 8 were at times pointed, but the justices often seemed tentative, giving the impression that their decision in the gay marriage case might not be broad.” And a related article is headlined “Both sides of gay marriage fight agree: today was historic; Proponents of gay marriage are hopeful and opponents wary after arguments on Proposition 8 at the Supreme Court Tuesday; But both acknowledge the import.”

McClatchy Newspapers report that “Outside Supreme Court, supporters and opponents of gay marriage divided by family, faith.”

The San Francisco Chronicle reports that “Prop. 8 ruling could be limited.”

The Washington Times contains articles headlined “Gay-marriage questions offer few clues to Supreme Court’s direction“; “Voices pro and con ring out as Supreme Court weighs gay marriage“; and “Both sides optimistic, uncertain as gay marriage arguments end.”

From NPR, today’s broadcast of “Morning Edition” contained an audio segment titled “Supreme Court’s Same-Sex Marriage Docket Draws Crowds.” Yesterday evening’s broadcast of “All Things Considered” contained audio segments titled “At Arguments, Supreme Court Takes Halting Steps Into Gay Marriage Issue“; “California’s Proposition 8 Gets Its Day In The Supreme Court“; “Supreme Court Likely To Duck Any Major Decision In Proposition 8 Case“; “Proposition 8 Case Has High Political Stakes For Both Parties“; “Outside the Supreme Court, The Arguments Continue“; and “Other States Could Be Affected By Supreme Court’s Proposition 8 Ruling.” And yesterday’s broadcast of “Talk of the Nation” contained an audio segment titled “A Recap Of Proposition 8’s Day At The Supreme Court.”

Yesterday evening’s broadcast of The PBS NewsHour contained segments titled “High Court Hears Challenge to Same-Sex Marriage Ban” and “Attorneys Debate Constitutionality, Legal Standing on Prop 8 Case.”

From Reuters, Lawrence Hurley and David Ingram report that “Supreme Court wary of broad gay marriage ruling.” And Joan Biskupic has a news analysis headlined “Supreme Court seems poised to avoid same-sex marriage tide.”

At the “School Law” blog of Education Week, Mark Walsh has a post titled “Justices Weigh Impact of Same-Sex Marriage on Children.”

And at “Above the Law,” Michelle Olsen has a guest post titled “The Proposition 8 Supreme Court Arguments: Standing and Standing.”

Posted at 8:42 AM by Howard Bashman



“Corman and Folmer won’t be drawn on Orie Melvin replacement”: The Patriot-News of Harrisburg, Pennsylvania contains this article today, along with articles headlined “Sen. Rob Teplitz looking for non-ideologue moderate as Melvin’s replacement” and “Vance: Court replacement will require ‘god-like qualities.’

Today’s edition of The Scranton Times-Tribune contains an editorial titled “Replacement test for merit selection: Governor to nominate interim justice on top court.”

Today’s edition of The Express-Times of Easton, Pennsylvania contains an editorial titled “Panella would make exemplary Pa. Supreme Court judge.”

And in The Philadelphia Daily News, columnist John Baer has an essay titled “One supreme mess.”

Posted at 8:09 AM by Howard Bashman



Tuesday, March 26, 2013

“Justices, Citing Ban on Unreasonable Searches, Limit Use of Drug-Sniffing Dogs”: Adam Liptak will have this article Wednesday in The New York Times.

David Jackson and Richard Wolf of USA Today report that “High court rules against drug-sniffing dog search; The Supreme Court says owner’s rights were violated by a drug-sniffing dog on the doorstep.”

Warren Richey of The Christian Science Monitor reports that “Drug dogs need a warrant to sniff outside your door, Supreme Court rules; When police brought a trained drug dog to the outside of a Florida home to sniff for evidence, that violated the homeowner’s Fourth Amendment rights, the Supreme Court justices said in a 5-to-4 decision.”

And online at Slate, Emily Bazelon has a jurisprudence essay titled “Not Going to the Dogs: The Supreme Court says police canines can’t sniff for drugs on your porch.”

Posted at 10:54 PM by Howard Bashman



“Appeals court upholds prayers at city meetings”: News Service of Florida has a report that begins, “A federal appeals court Tuesday upheld the constitutionality of prayers before meetings of the Lakeland City Commission, rejecting atheists’ arguments that the practice promotes Christianity.”

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

Posted at 10:26 PM by Howard Bashman



“Pennsylvania Supreme Court rules Qu’eed Batts must be resentenced for Easton murder”: The Express-Times of Easton, Pennsylvania has a news update that begins, “Qu’eed Batts, who was 14 when he fatally shot an Easton teen in the head in 2006, may still find himself in prison for the rest of his life despite a US Supreme Court decision last year that generally bars life sentences without parole for juveniles.”

The Morning Call of Allentown, Pennsylvania has a news update headlined “Supreme Court: Juvenile killer to get new sentencing; Qu’eed Batts was convicted for a 2006 slaying in Easton; He was 14.”

And The Patriot-News of Harrisburg, Pennsylvania has a news update headlined “Resentencing ordered for PA man who was 14 when he committed murder.”

Today’s ruling of the Supreme Court of Pennsylvania consists of the opinion of the court and a concurring opinion.

Posted at 4:23 PM by Howard Bashman



“Appeals court questions public interest scope in Apple secrecy hearing”: Reuters has a report that begins, “A federal appeals court aggressively questioned the scope of the public interest and trade secrets at a hearing on Tuesday over document secrecy in Apple Inc’s patent litigation against Samsung Electronics Co Ltd .”

Via the web site of the U.S. Court of Appeals for the Federal Circuit, you can access the audio of today’s oral argument in two parts: part one (16.8 MB mp3 audio file) and part two (1.58 MB mp3 audio file).

Posted at 3:57 PM by Howard Bashman



“Whether this Court should replace the strict liability analysis of Section 402A of the Second Restatement with the analysis of the Third Restatement.” By means of an order issued today, the Supreme Court of Pennsylvania has granted allowance of appeal to decide that issue.

Posted at 3:50 PM by Howard Bashman



“Supreme Court, enigmatic as ever, weighs gay marriage ban”: Michael Doyle of McClatchy Newspapers has this report.

Robert Barnes and Carol Morello of The Washington Post have a news update headlined “Supreme Court justices conflicted on gay marriage case.”

David G. Savage and Noam N. Levey of The Los Angeles Times have a news update headlined “Supreme Court appears split on Prop. 8, broad gay marriage ruling.”

Howard Mintz of The San Jose Mercury News has an update headlined “Proposition 8: U.S. Supreme Court divided about upholding California’s gay marriage ban.”

At “The BLT: The Blog of Legal Times,” Marcia Coyle has a post titled “Justices seem ready to take it slow on marriage issue.”

Politico.com reports that “Supreme Court justices wary of sweeping vote on gay marriage.”

Mike Sacks and Ryan J. Reilly of The Huffington Post reports that “Supreme Court Proposition 8 Case Arguments Cast Doubt On Gay Marriage Ban.”

And Sahil Kapur of TPM DC has reports headlined “Supreme Court Sharply Divided On Whether States May Ban Gay Marriage” and “Justices Flirt With Throwing Out Prop 8 Gay Marriage Case.”

Posted at 2:10 PM by Howard Bashman



“This is one of those separated-for-40-years love stories”: The seventh item in this past Sunday’s “Alaska Ear” column in The Anchorage Daily News reports on the upcoming marriage of Seventh Circuit Chief Judge Frank H. Easterbrook.

Chief Judge Easterbrook appeared on this past weekend’s broadcast of C-SPAN2’s “Book TV” to discuss Robert H. Bork‘s posthumously published book, “Saving Justice: Watergate, the Saturday Night Massacre, and Other Adventures of a Solicitor General.” You can view the video of that program via this link.

Posted at 2:05 PM by Howard Bashman



“Justices hear arguments on Calif. Gay marriage ban”: Mark Sherman of The Associated Press has this report. The AP also reports that “Court grounds packed on first day of marriage case.”

Adam Liptak of The New York Times has a news update headlined “In Landmark Case, Justices Debate Gay Marriage.”

Richard Wolf and Kevin Johnson of USA Today have a news update headlined “Supreme Court justices question gay marriage bans.”

And Reuters reports that “Supreme Court justices raise doubts on California marriage case.”

Posted at 11:40 AM by Howard Bashman



“How Opinion on Same-Sex Marriage Is Changing, and What It Means”: Nate Silver has this post today at the “FiveThirtyEight” blog of The New York Times.

Posted at 11:07 AM by Howard Bashman



Access online today’s ruling in an argued case of the U.S. Supreme Court: The Court today issued only one ruling in an argued case.

Justice Antonin Scalia delivered the opinion of the Court in Florida v. Jardines, No. 11-564. Justice Elena Kagan issued a concurring opinion, in which Justices Ruth Bader Ginsburg and Sonia Sotomayor joined. Justice Samuel A. Alito, Jr. issued a dissenting opinion, in which Chief Justice John G. Roberts, Jr. and Justices Anthony M. Kennedy and Stephen G. Breyer joined. You can access the oral argument via this link.

in early news coverage, The Associated Press has a report headlined “Court: Drug dog sniff is unconstitutional search.”

Update: In other coverage, Greg Stohr of Bloomberg News reports that “Police Need Warrants for Dogs Sniffing Homes, High Court Says.”

And Jonathan Stempel of Reuters reports that “Supreme Court limits police use of drug-sniffing dogs.”

Posted at 10:05 AM by Howard Bashman



“Justices to Hear California Case on Same-Sex Marriage Ban Today”: Adam Liptak of The New York Times has this news update.

In today’s edition of The Washington Post, Robert Barnes has an article headlined “A historic moment as same-sex marriage arrives before Supreme Court.”

David G. Savage of The Los Angeles Times reports that “Supreme Court to hear arguments on Prop. 8 gay marriage ban.”

Josh Gerstein of Politico.com has a report headlined “Can gay marriage survive SCOTUS loss?

Mark Sherman of The Associated Press reports that “Calif. gay marriage argument at high court Tuesday.”

Bloomberg News reports that “Senators Shift to Gay-Marriage Support Before Court Case.”

Bill Mears of CNN.com has an article headlined “Same-sex marriage: A potential Supreme Court blockbuster.”

ABC News reports that “Supreme Court Hears Landmark Gay-Marriage Case.”

From NPR, on today’s broadcast of “Morning Edition,” Nina Totenberg had an audio segment titled “In First Of 2 Gay-Marriage Cases, Court Turns To Proposition 8.” And yesterday evening’s broadcast of “All Things Considered” contained an audio segment titled “Dozens Battle Cold Outside Supreme Court For Chance To Hear Same-Sex Marriage Cases.”

And online at The New Republic, law professor David Fontana has an essay titled “Why a Sweeping Gay Marriage Ruling Probably Won’t Trigger a Backlash.”

Posted at 9:00 AM by Howard Bashman



“Italian court orders new trial for Amanda Knox”: The Associated Press has a report that begins, “Italy’s highest criminal court on Tuesday overturned Amanda Knox’s acquittal in the slaying of her British roommate and ordered a new trial, prolonging a case that has become a cause celebre in the United States.”

And Bloomberg News reports that “Italy’s Court Orders Retrial for Amanda Knox in Murder Case.”

Posted at 8:42 AM by Howard Bashman



“Orie Melvin resigns; governor has chance to appoint new justice; Convicted justice to depart May 1”: This article appears today in The Pittsburgh Post-Gazette.

The Pittsburgh Tribune-Review reports today that “Suspended state Justice Joan Orie Melvin to resign.” Also, yesterday’s edition of that newspaper contained an editorial titled “‘Merit selection’ for Pa. appellate judges? No, thank you.”

The Philadelphia Inquirer contains an article headlined “With Melvin’s resignation, what now for the Pa. high court? And when?

The Patriot-News of Harrisburg, Pennsylvania contains an article headlined “Gov. Tom Corbett calls Melvin’s decision to resign ‘correct.’

The Scranton Times Tribune reports that “Corbett to nominate interim justice.”

And The Associated Press reports that “Corbett or court could pick Joan Orie Melvin’s successor, Chief Justice Ronald Castille says.”

Posted at 8:36 AM by Howard Bashman