How Appealing



Monday, October 7, 2013

“A Conservative Case for Gay Marriage: How banning gay marriage encourages big-government thinking.” A. Barton Hinkle has this essay online at Reason.

Posted at 7:51 PM by Howard Bashman



“Appeals Courts Give Misbehaving Prosecutors The Privilege Of Anonymity”: Radley Balko has this essay online at The Huffington Post.

Posted at 7:48 PM by Howard Bashman



“‘No. No. Not That I Know Of.’ The Scalia interview reveals his remarkable isolation from anyone who doesn’t agree with him.” Dahlia Lithwick has this jurisprudence essay online at Slate.

Posted at 6:12 PM by Howard Bashman



“A Preview Of The U.S. Supreme Court’s Fall Term”: This audio segment appeared on today’s broadcast of WAMU 88.5 American University Radio’s “The Diane Rehm Show.”

Posted at 4:55 PM by Howard Bashman



“The Supremes Take On the Toxic Avenger: Carol Anne Bond was convicted of trying to poison her husband’s lover; Now she’s a symbol of government overreach.” Pema Levy has this article online at Newsweek.

Posted at 4:51 PM by Howard Bashman



“Inquisitive Justices? No Argument There.” Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

According to Liptak, “A team of researchers led by Ryan A. Malphurs * * * found that the court reporters who insert the ‘[laughter]’ notations into transcripts are a tough crowd and had overlooked countless instances of courtroom levity.”

In Volume 10, Issue 2 of Communication Law Review, Malphurs had an article titled “‘People Did Sometimes Stick Things in my Underwear’: The Function of Laughter at the U.S. Supreme Court.” Being the law geek that I am, I am pleased to report that I correctly remembered it was Justice Stephen G. Breyer who uttered the quote found in the title of the Malphurs article.

Posted at 1:20 PM by Howard Bashman



“Supreme Court won’t stop execution for mental incapacity; Refusal to hear case means Warren Lee Hill will face the death penalty for two murder”: Richard Wolf of USA Today has this news update.

Posted at 1:17 PM by Howard Bashman



“Supreme Court Declines to Decide When Online Speech Becomes an Illegal Threat”: David Kravets has this post at Wired.com’s “Threat Level” blog.

Posted at 12:14 PM by Howard Bashman



“Do Prisoners Have the Right to Know What’s in Their Lethal Injections? We may be seeing a new front in the war over capital punishment: the First Amendment.” Andrew Cohen has this essay online at The Atlantic.

Posted at 12:10 PM by Howard Bashman



Additional news coverage of today’s lengthy U.S. Supreme Court Order List: The Associated Press reports that “Court won’t hear Va. appeal over sodomy law“; “Court won’t hear appeal of landmark 1996 lawsuit“; “Court won’t get involved in Hutterites case“; “Court won’t hear appeal from ex-Abramoff associate“; “Court won’t hear Scruggs appeal“; and “Court won’t hear appeal from former Newark mayor.”

Lawrence Hurley of Reuters reports that “U.S. justices seek Obama administration views in medical device case“; “U.S. Supreme Court again takes no action on climate change cases“; and “U.S. Supreme Court says banks cannot appeal in FHFA case.”

And Greg Stohr of Bloomberg News reports that “Medtronic Appeal in Paraplegic Suit Gets High Court Query“; “Tobacco Companies Rejected by High Court in Florida Case“; “Utilities Spurned by Top Court on Phone-Company Pole Fees“; “Ex-Ernst & Young Executive Rebuffed in Tax Shelter Case“; “Toyota Rebuffed by Supreme Court on Prius Brake Lawsuits“; “Cintas Rejected by Supreme Court on EEOC Gender-Bias Suit“; and “Medtronic Rejected by High Court on Edwards Valve Patent.”

Posted at 12:08 PM by Howard Bashman



“Major 2013-14 Supreme Court Term Cases”: On today’s broadcast of C-SPAN’s “Washington Journal,” “Supreme Court reporters Jess Bravin and Adam Liptak previewed the major cases before the court as it began its 2013-14 term.” You can view the video by clicking here.

Posted at 11:54 AM by Howard Bashman



Senior U.S. District Judge, sitting by designation, issues 50-page dissent from a decision affirming award of over three-quarter of a million dollars in attorneys’ fees to a company wrongly sued for employment discrimination by the EEOC: You can access today’s ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.

Posted at 11:44 AM by Howard Bashman



“Three Things to Watch for in Tomorrow’s Campaign Finance Oral Argument at the Supreme Court”: Rick Hasen has this post at his “Election Law Blog.”

Posted at 11:14 AM by Howard Bashman



“Justice Ginsburg: ‘As Long As I Can Do the Job Full Steam, I Will.'” Ariane de Vogue has this post, in which I am quoted, today at the ABC News blog “The Note.”

Posted at 9:48 AM by Howard Bashman



“Number of Female Harvard Law Review Editors Nearly Doubled in First Gender-Based Affirmative Action Cycle”: Dev A. Patel has this article today in The Harvard Crimson.

Posted at 9:44 AM by Howard Bashman



Access online today’s Order List of the U.S. Supreme Court: The Court has posted today’s 94-page Order List at this link.

The Court did not grant review in any new cases but called for the views of the Solicitor General in four cases.

In early news coverage, The Associated Press reports that “High court won’t hear Argentina appeal over bonds.

Greg Stohr of Bloomberg News reports that “Argentina Rejected by U.S. Court in Bond Payment Appeal.”

Lawrence Hurley of Reuters reports that “Top U.S. court won’t hear Argentina bond dispute appeal.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Argentine bond case denied.”

Posted at 9:36 AM by Howard Bashman



“Supreme Court Has Deep Docket in Its New Term”: Adam Liptak has this front page article today in The New York Times.

In today’s edition of The Washington Post, Robert Barnes has an article headlined “Political gridlock puts Supreme Court at center of controversial social issues.”

In today’s edition of The Wall Street Journal, Jess Bravin has an article headlined “Campaign Giving Tops High Court’s Docket; Case Follows Contentious Citizens United Ruling; Justices Also to Weigh Affirmative Action, Public Prayer and Abortion.”

On today’s broadcast of NPR’s “Morning Edition,” Nina Totenberg had an audio segment titled “Despite Shutdown, Supreme Court Opens Its Doors For New Term.”

And Chris Geidner of BuzzFeed has a report headlined “11 Supreme Court Cases That Could Change The U.S. In The Coming Year: The Supreme Court will begin hearing cases this week; Although decisions could take until late June, here are the key cases to watch.”

Posted at 7:33 AM by Howard Bashman



Sunday, October 6, 2013

“U.S. Supreme Court Justice Elena Kagan speaks about diversity; Says Supreme Court amicable despite legal differences”: This article appeared yesterday in The Tuscaloosa News.

Posted at 9:32 PM by Howard Bashman



“In Conversation: Antonin Scalia; On the eve of a new Supreme Court session, the firebrand justice discusses gay rights and media echo chambers, Seinfeld and the Devil, and how much he cares about his intellectual legacy (‘I don’t’).” This interview will appear in the October 14, 2013 issue of New York magazine.

Posted at 9:06 PM by Howard Bashman