How Appealing



Thursday, July 18, 2013

“Wyoming attorney general to take oath as federal judge”: Today’s edition of The Casper Star-Tribune contains an article that begins, “Wyoming Attorney General Gregory Phillips will be sworn in as a federal appeals court judge Monday afternoon in a brief low-key ceremony in the chambers of Federal District Judge Alan Johnson in Cheyenne.”

Posted at 10:00 AM by Howard Bashman



“It’s round two of ‘Docs vs. Glocks’ in Miami federal appeals court Thursday”: Jay Weaver has this article today in The Miami Herald.

Posted at 9:24 AM by Howard Bashman



“Senator Lee Criticizes Chief Justice in New E-Book”: Michelle Olsen has this post today at her “Appellate Daily” blog.

Posted at 9:23 AM by Howard Bashman



“Why the Solicitor General Should Ask the Supreme Court to Reverse the Fourth Circuit’s Decision in Samantar”: John Bellinger had this post recently at the “Lawfare” blog.

Posted at 7:51 AM by Howard Bashman



“University of Louisville librarian has become an expert on U.S. Supreme Court Justice Louis D. Brandeis; U of L archivist delves into life, career of jurist”: The Courier-Journal of Louisville, Kentucky has this report.

Posted at 7:50 AM by Howard Bashman



“High court ruling could have major impact on young killers; State Supreme Court to whether teen killers will get new sentencing hearings”: The Morning Call of Allentown, Pennsylvania contains this article today.

Posted at 7:48 AM by Howard Bashman



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 Politico.com, 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



Tuesday, July 16, 2013

“These Anti-Abortion Bills Are Outrageous: But do any have a real shot at being held up in court?” Emily Bazelon had this essay online at Slate last Thursday.

Posted at 9:16 PM by Howard Bashman



“Appeals Court Frees Marvel from Spider-Man Toy Deal; The inventor of a device that lets kids pretend they can shoot webs out of the palm of their hand loses the benefits of a licensing agreement he made in 2001”: Eriq Gardner has this post at the “Hollywood, Esq.” blog of The Hollywood Reporter.

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

Posted at 8:24 PM by Howard Bashman



“It’s not just Clarence Thomas and Antonin Scalia: For all the talk about representation on the high court, SCOTUS has a bigger problem with women no one mentions.” Marin Cogan has this essay today at Salon.com.

Posted at 8:02 PM by Howard Bashman



“How a Deal Came Together to Save the Filibuster (And Avert the ‘Nuclear Option’): Small exchange on the most controversial nominees yields a deal, and preserves both sides’ leverage for future fights.” Chris Frates and Michael Catalini of National Journal have this report.

Posted at 4:27 PM by Howard Bashman



“Appeals Court Denies TV Network Bid to Re-Hear Aereo Case”: Bloomberg News has this report.

The Los Angeles Times has a news update headlined “2nd Circuit Court of Appeals says it is done with Aereo.”

The Hill has a blog post titled “Court denies broadcasters’ appeal to shut down Aereo.”

Variety reports that “Fox May Pursue Aereo Case to U.S. Supreme Court.”

And at the “Hollywood, Esq.” blog of The Hollywood Reporter, Eriq Gardner has a post titled “Broadcasters Won’t Get Second Shot at Aereo at Appeals Court; The Second Circuit turns down the broadcasters’ petition for a rehearing before a full panel of judges.”

You can access today’s order of the U.S. Court of Appeals for the Second Circuit, and the dissent therefrom, at this link. As the order and the dissent demonstrate, there is still disagreement at the Second Circuit whether to follow the Federal Rules of Appellate Procedure’s use of “en banc” in place of the Second Circuit’s apparently preferred “in banc.”

Posted at 1:24 PM by Howard Bashman