How Appealing



Monday, July 8, 2013

“‘As singular a failure as I’ve seen in the history of the Supreme Court’? McGinnis on Windsor, not Shelby County.” Today at his “walshslaw” blog, law professor Kevin C. Walsh has a post that begins, “Even Totenberg nods.”

Posted at 1:05 PM by Howard Bashman



Sunday, July 7, 2013

“Privacy Group to Ask Supreme Court to Stop N.S.A.’s Phone Spying Program”: James Risen will have this article in Monday’s edition of The New York Times.

Posted at 10:04 PM by Howard Bashman



Saturday, July 6, 2013
Friday, July 5, 2013

“Is Ruth Bader Ginsburg too old to be a Supreme Court justice?” Michael McGough has this essay online today at The Los Angeles Times.

Posted at 11:48 PM by Howard Bashman



“U.S. defends secrecy of unique surveillance court”: David Ingram of Reuters has a report that begins, “The Obama administration on Friday urged a secret U.S. court that oversees surveillance programs to reject a request by a civil liberties group to see court opinions used to underpin a massive phone records database.”

And online at The Los Angeles Times, Michael McGough has an essay titled “We need a better way to pick FISA court judges.”

Posted at 11:45 PM by Howard Bashman



“Federal judges side with Lexington again on Confederate flag ban; Three-judge panel agrees with U.S. District Court ruling that Lexington was within its rights to ban all non-government flag displays from city light poles”: The Roanoke Times has this news update.

And The Associated Press reports that “Federal appeals court panel sides with Lexington ban on Confederate flags on city light poles.”

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

Posted at 11:44 PM by Howard Bashman



“After Ruling, States Rush to Enact Voting Laws”: Michael Cooper will have this article in Saturday’s edition of The New York Times.

Posted at 11:40 PM by Howard Bashman



“The big enchilada: Are same-sex marriage bans now illegal? Parsing the Justices’ words in United States v. Windsor.” Roger Parloff of Fortune has this blog post today.

Posted at 3:55 PM by Howard Bashman



“Lending Discrimination Case at Supreme Court in Settlement Talks”: Carter Dougherty of Bloomberg News has a report that begins, “The Township of Mount Holly, New Jersey, and a local citizens’ group are seeking to settle a dispute now before the U.S. Supreme Court that threatens to undercut the Obama administration’s crackdown on alleged discrimination in lending.”

Posted at 3:00 PM by Howard Bashman



Access online the contents of the June 2013 issue of The Yale Law Journal: This issue is all about Gideon, and you can access it at this link.

Posted at 1:05 PM by Howard Bashman



“Did you know John Roberts is also chief justice of the NSA’s surveillance state?” Ezra Klein has this entry today at The Washington Post’s “Wonkblog.”

Posted at 12:58 PM by Howard Bashman



“Power from the people: Does the Supreme Court’s gay-marriage ruling threaten direct democracy?” This article appears in the July 6, 2013 issue of The Economist.

Posted at 12:55 PM by Howard Bashman



“Appeals court rules California healthcare limits invalid”: Dan Levine of Reuters has a report that begins, “A federal appeals court on Friday ruled invalid a California law that eliminated coverage of some healthcare services for the poor, including adult dental, podiatry, optometry and chiropractic care.”

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

Posted at 12:50 PM by Howard Bashman



“California convict gets another chance to escape death row”: Michael Doyle of McClatchy Washington Bureau has this report.

Posted at 8:20 AM by Howard Bashman



Thursday, July 4, 2013

“Obama’s new Guantanamo envoy begins work, tours detention center”: Hannah Allam of McClatchy Washington Bureau has this report.

Posted at 11:05 AM by Howard Bashman



“F.D.A. Rule Could Open Generic Drug Makers to Suits”: Today’s edition of The New York Times contains an article that begins, “The Food and Drug Administration on Wednesday signaled its intention to permit generic drug makers to make changes to their safety labels, a move that could open the door to lawsuits against generic drug companies for the first time since a Supreme Court decision barred such suits two years ago.”

Posted at 11:02 AM by Howard Bashman



“Reversal Didn’t Soothe Holdout Juror Qualms”: Courthouse News Service has this report on a per curiam order, accompanied by two interesting concurring opinions, that a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday in a habeas case that returned to the Ninth Circuit on remand from the U.S. Supreme Court.

It is also worth noting that Chief Judge Alex Kozinski chose to have his concurring opinion appear after the concurring opinion of co-panelist Circuit Judge Stephen Reinhardt.

Posted at 10:42 AM by Howard Bashman



Wednesday, July 3, 2013

“U.S. Court of Appeals upholds Fruitland man’s hate crime conviction”: The Farmington (N.M.) Daily Times has a news update that begins, “A U.S. Court of Appeals upheld the hate crime conviction of a Fruitland man who participated in a branding of a mentally disabled Native American in Farmington in 2010.”

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

At issue in the case was whether the U.S. Congress had the power to enact the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, which among other things makes it a felony to physically attack a person because of that person’s race. The unanimous three-judge panel rejected the defendant’s constitutional challenge, holding that “Congress rationally determined that racially motivated violence is a badge or incident of slavery against which it may legislate through its power to enforce the Thirteenth Amendment.”

Posted at 11:00 PM by Howard Bashman



“Using Algorithmic Attribution Techniques to Determine Authorship in Unsigned Judicial Opinions”: Last Sunday, the Stanford Technology Law Review posted online this article.

The article’s syllabus begins, “This Article proposes a novel and provocative analysis of judicial opinions that are published without indicating individual authorship. Our approach provides an unbiased, quantitative, and computer scientific answer to a problem that has long plagued legal commentators.”

Posted at 6:07 PM by Howard Bashman



“Housing discrimination case could settle before top court rules”: Lawrence Hurley of Reuters has a report that begins, “For the second time in two years, a case before the U.S. Supreme Court that could limit housing discrimination claims might be resolved before the justices have a chance to rule on it.”

Posted at 6:03 PM by Howard Bashman