How Appealing



Monday, June 3, 2013

“As expected, feds ask full Sixth Circuit to review and reverse Blewett crack retroactivity ruling”: Douglas A. Berman has this post today at his “Sentencing Law and Policy” blog.

Posted at 11:24 AM by Howard Bashman



“U.S. Supreme Court upholds post-arrest DNA collection; Ruling overturns Maryland’s high court decision”: The Baltimore Sun has this news update.

David G. Savage of The Los Angeles Times has a news update headlined “Supreme Court allows police to take DNA from criminal suspects.”

And Richard Wolf of USA Today reports that “Supreme Court OKs DNA swab in serious arrests; The case pitted the practical benefits of modern technology against the centuries-old right to privacy.”

Posted at 11:11 AM by Howard Bashman



“To break D.C. logjam, Sen. Reid should revive the ‘nuclear option’; The GOP is threatening to block Obama from filling three seats on a key appellate court in Washington; If it continues, Sen. Reid should revive the ‘nuclear option’ to halt judicial filibusters”: This editorial appears today in The Los Angeles Times.

Posted at 10:25 AM by Howard Bashman



“Appeals Court Backs Coaches in Disclosure of Student’s Sexual Orientation”: Mark Walsh has this post today at the “School Law” blog of Education Week.

Posted at 10:24 AM by Howard Bashman



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

1. Justice Sonia Sotomayor delivered the opinion of the Court in Hillman v. Maretta, No. 11-1221. Justice Antonin Scalia did not join in a footnote of the majority opinion. And Justices Clarence Thomas and Samuel A. Alito, Jr. issued opinions concurring in the judgment. You can access the oral argument via this link.

2. And Justice Anthony M. Kennedy delivered the opinion of the Court in Maryland v. King, No. 12-207. Justice Scalia issued a dissenting opinion, in which Justices Ruth Bader Ginsburg, Sotomayor, and Elena Kagan joined. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined “Court: Police can take DNA swabs from arrestees” and “Court says ex-wife gets man’s insurance money.”

Greg Stohr of Bloomberg News reports that “Routine DNA Testing After Arrest Upheld by Top U.S. Court.”

And Lawrence Hurley of Reuters reports that “Supreme Court says police can take DNA samples upon arrest.”

Posted at 10:06 AM by Howard Bashman



Access online today’s Order List of the U.S. Supreme Court: The Court has posted today’s Order List at this link. The Court granted review in two new cases. The Court also issued a unanimous per curiam summary reversal of the U.S. Court of Appeals for the Ninth Circuit in Nevada v. Jackson, No.12-694.

In early news coverage, The Associated Press has reports headlined “Court: Can man protest outside military base?“; “Court rejects appeal from convicted Army officer“; and “High court reinstates rape conviction in Nevada.”

Lawrence Hurley of Reuters reports that “Supreme Court agrees to hear military protester case“; “Justices agree to hear Lexmark false advertising case“; and “Justices strike down ruling against Sears over faulty washers.”

Greg Stohr of Bloomberg News reports that “Sears Gets New Hearing in Bid to Stop Moldy-Washer Suit.”

And at Politico.com, Tal Kopan has a blog post titled “Justices reject polling place access case.”

Posted at 9:35 AM by Howard Bashman



Sunday, June 2, 2013

“In recess appointments case, Supreme Court looks at an article of the Constitution: ‘the.'” Robert Barnes will have this new installment of his “The High Court” column in Monday’s edition of The Washington Post.

Posted at 10:33 PM by Howard Bashman



“Medical examiner doubts own autopsy findings in stillbirth case before state Supreme Court; Prosecution contends drug use to blame”: This article appears today in The Clarion-Ledger of Jackson, Mississippi.

Posted at 8:27 PM by Howard Bashman



“Kansas City Public Library expects crowd for Sandra Day O’Connor”: The Kansas City Star has an article that begins, “The Kansas City Public Library expects 1,200 people — the most ever for an event at the library — on Monday to hear former U.S. Supreme Court justice Sandra Day O’Connor talk about her new book.”

Posted at 8:26 PM by Howard Bashman



“Attorney will pursue recusal in Craigslist donor case if judge doesn’t step down; Hearing on recusal motion set for Wednesday”: The Topeka Capital-Journal has this news update.

Posted at 8:22 PM by Howard Bashman



“Suspected pirates face unprecedented trial in U.S. court; In the first U.S. trial of its kind in modern times, three Somalis face murder charges in the deaths of four Americans after hijacking their sailboat in 2011; Somali piracy since then has all but vanished”: This article appears today in The Los Angeles Times.

Posted at 12:54 PM by Howard Bashman



“Guantanamo captive accused in USS Cole bombing suffers from PTSD, depression”: Carol Rosenberg of The Miami Herald has this report.

Posted at 12:30 PM by Howard Bashman



“Apple, betrayed by its own law firm; Lawyer-turned-‘troll’ started planning patent suit six days after iPhone launch”: Joe Mullin of Ars Technica has this report.

Posted at 12:18 PM by Howard Bashman



“The Case Against Deference: Judges should be unafraid to review government actions.” David B. Rivkin Jr. and Elizabeth Price Foley have this article in the June 10, 2013 issue of The Weekly Standard.

Posted at 9:15 AM by Howard Bashman



Saturday, June 1, 2013

“Exotic animal owners in Ohio appeal restrictions”: The Associated Press has a report that begins, “Some owners of exotic animals say a new Ohio law is onerous and infringes on their constitutional rights, and they’ve asked a federal appeals court to strike it down.”

Posted at 11:50 PM by Howard Bashman



“Pentagon: No weekend detainee release from Guantanamo.” Carol Rosenberg of The Miami Herald has an article that begins, “The Pentagon flatly refuted reports Saturday that it had released two men from the prison camps in Guantanamo Bay to Mauritania and said the most recent transfer took place nine months ago.”

Posted at 11:44 PM by Howard Bashman



“Disclosure of BC interviews reversed in part”: The “from the Bench” blog of Massachusetts Lawyers Weekly has a post that begins, “The 1st U.S. Circuit Court of Appeals has handed Boston College a partial victory in its battle against a subpoena for interviews conducted by ‘Belfast Project’ researchers.”

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

Posted at 12:08 AM by Howard Bashman