How Appealing

Wednesday, July 17, 2013

“Baby Veronica coming back to Charleston, SC’s high court says”: The Post and Courier of Charleston, South Carolina has this news update.

Robert Barnes of The Washington Post has a news update headlined “South Carolina court orders ‘Baby Girl’ returned to adoptive parents.”

The Associated Press reports that “Court awards American Indian child to SC couple.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “‘Baby Veronica’ adoption allowed.”

You can access today’s 3-to-2 ruling of the Supreme Court of South Carolina at this link.

Posted at 10:48 PM by Howard Bashman

“Disclosure Sheds Light on Justice Alito’s Recusals”: Mike Scarcella has this post today at “The BLT: The Blog of Legal Times.”

Posted at 4:37 PM by Howard Bashman

“Richmond appeals court invalidates NLRB appointments”: The Associated Press has a report that begins, “A third federal appeals court has declared President Barack Obama’s recess appointments of three members of the National Labor Relations Board unconstitutional.”

You can access today’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link.

And at his “walshslaw” blog, law professor Kevin C. Walsh has a post titled “An early observation on the Fourth Circuit’s recess appointments decision.”

Posted at 4:30 PM by Howard Bashman

Majority on divided three-judge Ninth Circuit panel holds that a provision of the Prison Litigation Reform Act limiting attorney’s fees to 150 percent of monetary judgment does not apply to attorney’s fees incurred in successfully defending the judgment on appeal: You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Circuit Judge Stephen Reinhardt wrote the majority opinion, which creates a circuit split with the Sixth Circuit.

Update: At her “Trial Insider” blog, Pamela A. MacLean has a post titled “Attorney Fee Cap Lifted on Prisoner Appeals.”

Posted at 1:12 PM by Howard Bashman

“Ruling That Struck Down Military Detention Power Rejected”: Bloomberg News has this report.

The Associated Press has a report headlined “Appeals court: Anti-terror law needs more review.”

And at, Josh Gerstein has a blog post titled “Appeals court overturns indefinite detention limits.”

My earlier coverage of today’s Second Circuit ruling appears at this link.

Update: In other coverage, Bernard Vaughan of Reuters reports that “U.S. appeals court tosses injunction limiting indefinite detention.”

And Matt Sledge of The Huffington Post reports that “NDAA Indefinite Detention Lawsuit Thrown Out.”

Posted at 12:40 PM by Howard Bashman

Unanimous Second Circuit panel vacates permanent injunction against a provision of the National Defense Authorization Act of 2012 that permits the President to detain anyone who was part of, or has substantially supported, al-Qaeda, the Taliban, or associated forces: You can access today’s ruling of the U.S. Court of Appeals for the Second Circuit in Hedges v. Obama at this link.

You can access the decision of the U.S. District Court for the Southern District of New York granting a permanent injunction, which today’s Second Circuit ruling has vacated, at this link.

Supporters of the lawsuit have created a web site devoted to the case. When the federal government’s appeal was argued earlier this year at the Second Circuit, Matt Sledge of The Huffington Post had a report on the oral argument headlined “NDAA Indefinite Detention Provision Challenged In Federal Appeals Court.” And shortly after the district court issued its injunction, law professor Steve Vladeck had a post at the “Lawfare” blog titled “Why Hedges v. Obama is Terribly Perplexing.”

Posted at 11:02 AM by Howard Bashman