How Appealing



Friday, June 28, 2013

On Saturday morning, C-SPAN will carry live coverage of a program at the Fourth Circuit’s Judicial Conference titled “Supreme Court 2012 Term Review & Supreme Court Chief Justice John Roberts”: The Judicial Conference of the U.S. Court of Appeals for the Fourth Circuit has returned this year to the lovely Greenbrier resort in White Sulphur Springs, West Virginia.

Tomorrow morning beginning at 9 a.m. eastern time, C-SPAN plans to provide live coverage of a Term in review panel, followed by an interview with Chief Justice John G. Roberts, Jr. Details can be accessed here.

Posted at 11:55 AM by Howard Bashman



“Should child porn ‘consumers’ pay victim millions? Supreme Court to decide; The Supreme Court will decide whether the government or the victim must be able to prove there is a causal relationship between the child pornography consumer’s conduct and harm to the victim.” Warren Richey of The Christian Science Monitor has this report.

Posted at 8:10 AM by Howard Bashman



“Chief Justice Roberts Plays a Long Game on Supreme Court”: Adam Liptak has this front page news analysis today in The New York Times.

In today’s edition of The Washington Post, Robert Barnes has an article headlined “A conservative Supreme Court swerves to avoid easy definition.”

In today’s edition of USA Today, Richard Wolf has an article headlined “From gay marriage to voting law, Kennedy is the key; Once again, the Supreme Court’s perennial swing vote shows how crucial he is to both liberals and conservatives — and how unpredictable.”

In today’s edition of The Wall Street Journal, Jess Bravin has an article headlined “Court’s Session Told Tale of Two Justices.”

And Michael Doyle of McClatchy Washington Bureau reports that “Fallout from Supreme Court decisions may be swift or slow.”

Posted at 7:40 AM by Howard Bashman



Thursday, June 27, 2013

“Senate panel recommends Superior Court Judge Correale Stevens to fill state Supreme Court vacancy”: The Patriot-News of Harrisburg, Pennsylvania has this report.

The Pittsburgh Post-Gazette has a news update headlined “Pennsylvania Senate committee recommends Supreme Court justice to replace Orie Melvin.”

The Times Leader of Wilkes-Barre, Pennsylvania has a news update headlined “Senate committee recommends Stevens to Supreme Court.”

The Citizen’s Voice of Wilkes-Barre has a news update headlined “Senate panel approves Stevens for Supreme Court.”

And The Associated Press reports that “Correale Stevens gets initial OK for Pa. high court.”

In earlier coverage, today’s edition of The Standard Speaker of Hazleton, Pennsylvania reports that “Local legislators back Stevens nomination.”

You can access the video of today’s Pennsylvania Senate Judiciary Committee hearing at this link, while the text of the nominee’s prepared statement can be accessed here.

Posted at 10:00 PM by Howard Bashman



“Malvo attorneys seek to have sentences vacated”: Today’s edition of The Daily Progress of Charlottesville, Virginia contains an article that begins, “Citing a 2012 Supreme Court ruling, attorneys for convicted D.C. sniper Lee Boyd Malvo have petitioned federal courts in Maryland and Virginia to vacate the 10 life sentences he is serving.”

Posted at 9:16 PM by Howard Bashman



“Hobby Lobby wins partial victory from appeals court in health care challenge”: The Oklahoman has a news update that begins, “A federal appeals court in Denver has reversed a lower cour”s decision to deny Hobby Lobby Stores Inc.’s quest for an injunction against part of the Affordable Care Act that requires it to cover the cost of emergency contraceptives for some of its employees.”

And The Associated Press has a report headlined “Court: Hobby Lobby can challenge health care law.”

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

Update: In other coverage, Terry Baynes of Reuters reports that “U.S. court accepts challenge to Obama contraception rule.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Contraceptive mandate ruling.”

Posted at 2:25 PM by Howard Bashman



“U.S. Supreme Court seeks answers in Oklahoma abortion case; The nation’s high court accepts an abortion case and asks the Oklahoma Supreme Court to answer questions about the impact of a 2011 law on abortion-inducing drugs”: Chris Casteel of The Oklahoman has this news update.

Greg Stohr of Bloomberg News reports that “High Court Asks Oklahoma Court to Clarify Abortion Law.”

And Lawrence Hurley of Reuters reports that “Justices show interest in Oklahoma abortion pill case.”

Posted at 1:22 PM by Howard Bashman



“New Jersey makes its final appeal for sports betting”: Today’s edition of The Philadelphia Inquirer contains an article that begins, “In a landmark case being watched closely by other states, New Jersey made a final appeal Wednesday to be able to offer wagering on pro and college sports.”

And The Star-Ledger of Newark, New Jersey reports that “Legal titans battle in federal court over future of sports betting in N.J.

My earlier coverage of yesterday’s Third Circuit oral argument appears at this link.

Posted at 1:09 PM by Howard Bashman



“Why People (Still) Don’t Get the Supreme Court: If the major rulings handed down this week seemed contradictory to you — sometimes protecting state power, sometimes reducing it — you’re not the only one.” Andrew Cohen has this essay online at The Atlantic.

Posted at 1:05 PM by Howard Bashman



“Supreme Court in no rush to grant national gay-marriage right”: Joan Biskupic of Reuters has this news analysis.

And at Politico.com, Josh Gerstein has a report headlined “The DOMA decision ripple effect” that begins, “The Supreme Court’s same-sex marriage decisions managed to do the impossible: get gay rights advocates and conservative Justice Antonin Scalia to agree.”

Posted at 10:02 AM by Howard Bashman



Access online today’s Order List of the U.S. Supreme Court: The Court has posted the Order List at this link. The Court granted review in three new cases.

In addition, in Gallow v. Cooper, No.12-7516, Justice Stephen G. Breyer issued a statement respecting the denial of the petition for writ of certiorari, in which Justice Sonia Sotomayor joined.

In Marrero v. United States, No.12-6355, Justice Samuel A. Alito, Jr. issued a dissent, in which Justice Anthony M. Kennedy joined, from the Court’s GVR order,

And in Lanus v. United States, No.12-862, Justice Clarence Thomas issued a dissent from the Court’s denial of certiorari.

In early news coverage, The Associated Press reports that “Court to decide on child porn victim restitution“; “Court sends abortion drug case back to Okla. court“; “Court rejects gay rights cases from Ariz., Nev.” and “High court throws out Texas voter ID ruling.”

Lawrence Hurley of Reuters reports that “Supreme Court declines to take up two more gay rights cases” and “Supreme Court nixes Texas voting rulings.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Court grants new cases.”

Posted at 9:34 AM by Howard Bashman



Wednesday, June 26, 2013

“Justice Ginsburg Celebrates ABA’s New D.C. Office”: Zoe Tillman has this post at “The BLT: The Blog of Legal Times.”

Posted at 10:34 PM by Howard Bashman



In coverage of today’s major U.S. Supreme Court rulings from The Onion: You can access articles headlined “Scalia, Thomas, Roberts, Alito Suddenly Realize They Will Be Villains In Oscar-Winning Movie One Day“; “Supreme Court Leaves Final Decision On Gay Marriage In Capable Hands Of Texas, Alabama, Georgia“; “Bigot Relieved To Learn Gays In His State Still Effectively Subhuman“: “Gay Marriage Opponents Warn Supreme Court Ruling Could Put Nation On Slippery Slope To Rationality“; and “Nation Celebrates What Is, Technically Speaking, Progress.”

Posted at 9:22 PM by Howard Bashman



“Court to wait before making gay marriage move”: The Associated Press has a report that begins, “A federal appeals court said Wednesday it will wait at least 25 days before making a decision on whether gay marriages can resume in California.”

Posted at 5:47 PM by Howard Bashman



“Appeals court hears arguments on N.J. sports betting case”: The Record of Hackensack, New Jersey has a news update that begins, “A three-judge panel of the U.S. Third Circuit Court of Appeals grilled attorneys on both sides of the New Jersey sports betting case for an hour in Philadelphia on Wednesday, then told the lawyers the case ‘would be taken under advisement’ with no timetable given for a decision.”

And The Associated Press reports that “NJ asks appeals court to make sports betting legal.”

You can access via this link (32.6 MB Windows Media audio file) the audio of today’s oral argument at the U.S. Court of Appeals for the Third Circuit featuring Ted Olson and Paul Clement as counsel for the opposing parties.

Posted at 5:28 PM by Howard Bashman



“Takings decision confounds experts, spurs accusations of judicial activism”: Jeremy P. Jacobs of Greenwire has this report.

Posted at 5:16 PM by Howard Bashman



“Supreme Court Bolsters Gay Marriage With Two Major Rulings”: Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has news updates headlined “Supreme Court strikes down key part of Defense of Marriage Act” and “Supreme Court clears way for same-sex marriage in California.”

David G. Savage of The Los Angeles Times has news updates headlined “Gay marriage ruling: Supreme Court finds DOMA unconstitutional” and “Supreme Court hands major victories to gay marriage movement.” In addition, Maura Dolan has a news update headlined “Prop. 8: John Roberts’ lesbian cousin ‘absolutely’ proud of ruling.”

Richard Wolf and Brad Heath of USA Today report that “Supreme Court gives big boost to same-sex marriage; California’s ban is toppled on technical grounds, and part of the federal Defense of Marriage Act is struck down.”

Brent Kendall and Jess Bravin of The Wall Street Journal have a news update headlined “Supreme Court Rulings Boost Gay Marriage; DOMA Violates ‘Equal Protection Principles’; Justices Avoid Ruling on California’s Proposition 8.”

Warren Richey of The Christian Science Monitor has an article headlined “Gay marriage: Supreme Court strikes down DOMA, dismisses Prop. 8 appeal; US Supreme Court said Wednesday, 5 to 4, that DOMA (federal Defense of Marriage Act) had been enacted with an apparent attempt to harm gay couples; Its actions set stage for legal battles state by state over gay marriage.”

Howard Mintz of The San Jose Mercury News has an update headlined “Prop. 8: Supreme Court ends California ban on gay marriage but fight remains.”

Bob Egelko of The San Francisco Chronicle has a news update headlined “High court: Prop. 8 backers lack standing.”

The Washington Times has a news update headlined “Supreme Court hands double win to gay marriage backers.”

Mark Sherman of The Associated Press reports that “Supreme Court strikes federal marriage provision.”

Greg Stohr of Bloomberg News reports that “High Court Allows California Gay Marriage, Voids U.S. Law.”

Lawrence Hurley of Reuters reports that “Gay marriage gets big boost in two Supreme Court rulings.”

At “The BLT: The Blog of Legal Times,” Marcia Coyle has posts titled “Supreme Court Declares DOMA Unconstitutional” and “Supreme Court Clears Same-Sex Marriages in California.”

Josh Gerstein of Politico.com reports that “Supreme Court strikes down DOMA, declines to rule on Prop. 8.”

At TPM DC, Sahil Kapur has reports headlined “Supreme Court Strikes Down Defense Of Marriage Act”; “SCOTUS Prop 8 Ruling Legalizes Gay Marriage In California“: and “Scalia Rages Against Supreme Court’s Gay Rights Ruling.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Opinions recap: Giant step for gay marriage.”

Posted at 4:33 PM by Howard Bashman



Programming note: At 10 a.m. eastern time today, the U.S. Supreme Court will issue rulings in the remaining cases that were argued earlier this Term but have not yet been decided. At that same time, I will be on my way to present an oral argument today in the Superior Court of Pennsylvania.

Just as soon as the U.S. Supreme Court posts its opinions online this morning, you can access them via this link. Additional posts will appear here this afternoon.

Posted at 7:00 AM by Howard Bashman



“Iowa Supreme Court to Reconsider Case of ‘Irresistible Employee'”: Ryan Koopmans has this post at “On Brief: Iowa’s Appellate Blog.”

Posted at 6:55 AM by Howard Bashman



Tuesday, June 25, 2013

“On the cusp of a cultural moment, all eyes are on the Supreme Court”: Michael Doyle of McClatchy Washington Bureau has this report.

Posted at 10:28 PM by Howard Bashman



“What the Court’s ‘Baby Veronica’ Ruling Means for Fathers and Native Americans: Lost amid coverage of the Voting Rights Act ruling was a decision in a complicated and emotional adoption case.” Andrew Cohen has this essay online at The Atlantic.

Posted at 10:22 PM by Howard Bashman



“Custody battle for baby Veronica continues as Supreme Court sides with James Island family”: The Post and Courier of Charleston, South Carolina has this news update.

Wednesday’s edition of The New York Times will contain an article headlined “Justices Say Law Doesn’t Require Child’s Return to Indian Father.”

In Wednesday’s edition of The Washington Post, Robert Barnes will have an article headlined “Supreme Court says law doesn’t require custody for Indian father.”

Richard Wolf of USA Today reports that “Court rules for adoptive parents in Baby Veronica case; Little ‘Baby Veronica’ was adopted for more than two years, but an obscure law preventing the breakup of Native American families had forced her return to her father.”

And Bill Mears of CNN.com reports that “Justices rule for adoptive couple in Native-American custody dispute.”

Posted at 7:10 PM by Howard Bashman