How Appealing



Friday, September 13, 2013

“NY court considers pistol permit restriction”: The Associated Press has a report that begins, “Attorneys representing both the government and a man whose application for a pistol permit was denied asked New York’s highest court on Thursday to rule that state law does not prohibit issuing permits to people who only live in-state part time.”

Posted at 11:05 AM by Howard Bashman



“Gay and unmarried adoption battle set for Supreme Court; The health minister is set to take his fight against the extension of adoption rights to Northern Ireland’s gay and unmarried couples to the UK’s highest court”: BBC News has this report.

Posted at 10:48 AM by Howard Bashman



Meet my oral argument toddler: Attorneys may sometimes wonder what type of appeal takes two years or longer from the date of oral argument to be decided. Although I am loathe to generalize, I can now provide an example of one such case, as today marks the two-year anniversary of an oral argument that I delivered to the Supreme Court of Pennsylvania in a case that as of this moment remains undecided.

On the day before my oral argument of the case, I had this preview post. The briefs filed in the case can be accessed via two earlier posts, here and here. The video of that day’s Pa. Supreme Court oral arguments had been available via this link, but the videos are not working for me at this time. The Pa. Supreme Court granted review in the case on March 15, 2011, and thus in two days from now the case will have been pending on the merits before Pennsylvania’s highest court for 30 months. The case arrived on that court’s doorstep on November 1, 2010, when discretionary review was sought by means of a petition for allowance of appeal.

For what it is worth, the same case that has taken Pennsylvania’s highest court at least two years to decide took the Superior Court of Pennsylvania — an intermediate appellate court — 41 days from oral argument to decide.

As noted in my preview post, September 13, 2011 was quite a busy day for me, as I was arguing not one but two cases before Pennsylvania’s highest court that day, and another case in which I wrote the Brief for Plaintiff/Appellee was being argued in the Pa. Superior Court by plaintiff’s trial counsel. In the Superior Court case, my client achieved affirmance of the $12.4 million judgment in his favor.

Sadly, in the other case that I argued on September 13, 2011 before the Pa. Supreme Court, my client lost by a vote of 4-to-3, although the decision has spawned considerable backlash (see here, here, here, here, and here) that may result in an amendment to Pennsylvania’s Constitution intended to overrule the high court’s decision.

Posted at 10:28 AM by Howard Bashman



Thursday, September 12, 2013

“Justices closely question both sides during appeals of Virginia Tech shootings case; The court will likely take several weeks to render its written rulings on the two appeals linked to a wrongful death case brought after the April 16, 2007, shootings”: The Roanoke Times has this news update.

Posted at 10:04 PM by Howard Bashman



“Chief Justice Roberts holds key in campaign-finance case; Supreme Court’s first major case in upcoming term represents conservatives’ latest effort to remove government restrictions on political speech”: Richard Wolf will have this article Friday in USA Today.

Posted at 6:30 PM by Howard Bashman



“Looking Ahead: October Term 2013.” I had the pleasure of being asked to write the “Looking Ahead” piece that will appear in the 2012-2013 issue of the Cato Supreme Court Review, whose formal publication date is Tuesday, September 17, 2013.

In recent years, the authors of that essay have included star journalist Jan Crawford and attorneys Erik S. Jaffe, Gregory G. Garre, and Kannon K. Shanmugam. My humble contribution to that canon (earlier examples can be accessed via this link) can be accessed here.

That’s why, on Tuesday of next week, I will be in Washington, DC to participate as a panelist at The Cato Institute’s Center for Constitutional Studies symposium titled “The Supreme Court: Past and Prologue: A Look at the October 2012 and 2013 Terms.” My co-panelists will be Tom Goldstein (who founded “SCOTUSblog” after “How Appealing” inspired him to do so) and Marcia Coyle, who covers the U.S. Supreme Court for The National Law Journal.

Posted at 5:14 PM by Howard Bashman



“Pennsylvania court orders county court clerk to stop issuing marriage licenses to same-sex couples”: The Patriot-News of Harrisburg, Pennsylvania has this update.

The Philadelphia Inquirer has a news update headlined “PA Court orders Montco to halt licenses for gay marriages.”

And The Associated Press reports that “Pa. judge orders end to same-sex marriage licenses.”

You can access today’s ruling of the President Judge of the Commonwealth Court of Pennsylvania at this link.

Posted at 2:04 PM by Howard Bashman



“William Lamb: A tough prosecutor up against gay marriage proponents.” The Patriot-News of Harrisburgh, Pennsylvania has this report.

Posted at 12:02 PM by Howard Bashman



Putting SCOTUS engagements up for bid: On Tuesday, law professor Josh Blackman had a guest post at “Above the Law” titled “The Supreme Court ‘Beauty Contest’: A Behind-the-Scenes Look.” Having a potential client who is looking for the best possible lawyer for an appellate engagement can be a very good thing, especially for those lawyers who have the qualities necessary to secure the engagement.

Recently, the State of Georgia issued an RFP (request for proposal) seeking lawyers to serve as outside appellate counsel in an original jurisdiction action that the State of Florida intended to file against Georgia in the U.S. Supreme Court. Today, in The Daily Report of Fulton County, Georgia, Kathleen Baydala Joyner has an article headlined “Lawyers Flood AG With Queries To Defend Georgia In Water Wars; Water case draws 29 applications by lawyers and firms wishing to defend Georgia against Florida’s bid for more access to the Chattahoochee River” (free registration may be required for access) that begins, “Lawyers who want to defend Georgia from Florida’s impending lawsuit over water rights range from a former U.S. solicitor general who regularly charges more than $1,100 per hour to a recent law school graduate who offered to work for free.”

Posted at 11:28 AM by Howard Bashman



“Delaware Supreme Court weigh power of sheriffs to make arrests; Sussex sheriff Jeff Christopher claims 2012 law violates Constitution”: This article appears in today’s edition of The News Journal of Wilmington, Delaware.

Posted at 10:08 AM by Howard Bashman



“Mich. chief justice won’t comment on judge’s donations but jokes, ‘I want to marry his wife'”: The Associated Press has this report.

Posted at 10:00 AM by Howard Bashman



“Solicitor General Previews Supreme Court Term”: C-SPAN is intending to provide live online coverage of this event, scheduled for 1:30 p.m. eastern time today. More information on the event can be accessed here.

And on Tuesday of next week, I will be in Washington, DC to participate as a panelist at The Cato Institute’s Center for Constitutional Studies symposium titled “The Supreme Court: Past and Prologue: A Look at the October 2012 and 2013 Terms.”

Posted at 9:54 AM by Howard Bashman



Wednesday, September 11, 2013

“Texas Hold ‘Em: The state refuses to allow same-sex couples married elsewhere to get divorced; Is this the next constitutional showdown over marriage equality?” Dahlia Lithwick and law professor Sonja West have this jurisprudence essay online at Slate.

Posted at 7:50 PM by Howard Bashman



“The Cleverest New Anti-Abortion Law: Will the Supreme Court strike down Oklahoma’s devious attempt to stop doctors from prescribing the safest kind of medical abortion?” Emily Bazelon has this jurisprudence essay online at Slate.

Posted at 7:48 PM by Howard Bashman



Access online the most recent edition of “Appellate Issues,” a publication of the Council of Appellate Lawyers of the American Bar Association: Its focus is appellate oral arguments, and you can access it online by clicking here.

Speaking of appellate oral arguments, one of my cases is just days away from becoming an oral argument toddler, as this Friday will mark exactly two years from the date of my appellate oral argument in the case, without any ruling having issued thus far. Fortunately, as the links in this earlier post demonstrate, the court before which this appeal is pending claims to be very efficient, and its leader is not particularly amenable to criticism on that subject, so I shall not identify that court by name.

Posted at 5:58 PM by Howard Bashman



“Posner on class actions: Minuscule damages shouldn’t doom cases.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report.

Posted at 5:14 PM by Howard Bashman



“Judges seem skeptical of truck makers’ arguments against EPA penalty rule”: Jeremy P. Jacobs of Greenwire has this report.

Posted at 4:36 PM by Howard Bashman



“New deal may double the number of Eleventh Circuit judges named ‘Pryor’ or ‘Carnes.'” William Baude had this tweet earlier today linking to a post titled “Judge happenings” that David Oscar Markus has today at his “Southern District of Florida Blog.”

R. Robin McDonald of The Daily Report of Fulton County, Georgia has more details in an article headlined “A Deal on the Table for Federal Judge Appointments? Georgia lawyers say Chambliss, Isakson and state Democrats wait for OK from Obama” (registration may be required for free access).

Posted at 4:22 PM by Howard Bashman



Tuesday, September 10, 2013

“Guantanamo judge makes secret ruling on secret motion in secret hearing”: Carol Rosenberg of The Miami Herald has this report.

Posted at 9:00 PM by Howard Bashman