How Appealing



Monday, October 28, 2013

“Senate Inches Closer To Major Battle Over Obama’s Judicial Nominees”: Jennifer Bendery of The Huffington Post has this report today.

Posted at 6:17 PM by Howard Bashman



“Attorney General Kamala D. Harris Announces Appointment of California Solicitor General”: The Attorney General of California today issued a news release that begins, “California Attorney General Kamala D. Harris today announced the appointment of Edward DuMont to the position of California Solicitor General.”

Posted at 6:15 PM by Howard Bashman



“Oh Schuette! Did Romer put Seattle School District No. 1 to sleep?” Josh Blackman has this post today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 4:26 PM by Howard Bashman



“No Drugs, No Executions: Is This the End of the Death Penalty? As states scramble to find new lethal cocktails, a lack of options could spell the end of capital punishment.” Dustin Volz has this essay online today at The Atlantic.

Posted at 3:16 PM by Howard Bashman



“Fed judge: Texas abortion limits unconstitutional.” The Associated Press has this report.

Chuck Lindell of The Austin American-Statesman has a news update headlined “Judge blocks key parts of Texas abortion law.”

Erik Eckholm of The New York Times has a news update headlined “Judge Blocks Part of Texas Abortion Law.”

The San Antonio Express-News has an update headlined “Judge strikes down part of new Texas abortion law.”

And Bloomberg News reports that “Texas Abortion Law Hospital Privilege Requirement Blocked.”

I have posted at this link today’s ruling of the U.S. District Court for the Western District of Texas.

Posted at 3:10 PM by Howard Bashman



“This lapse is worth noting because it is indicative of a widespread, and increasingly troublesome, discomfort among lawyers and judges confronted by a scientific or other technological issue.” So writes Seventh Circuit Judge Richard A. Posner today in an opinion that only one other judge on the three-judge panel joined in full.

Posted at 1:50 PM by Howard Bashman



“U.S. Supreme Court to hear Miss. death row inmate case”: The Associated Press has this report.

Update: A knowledgeable reader emails, “The AP story, and in particular the headline, is wrong, or at best quite misleading, about Byrom. It refers only to a pending cert. petition. The Court has not agreed ‘to hear’ the case, unless by ‘hear’ you mean ‘put it on a conference list for future consideration as to whether to grant cert.'”

Posted at 12:07 PM by Howard Bashman



“4 candidates seek to stay on Supreme, Superior state courts”: Paula Reed Ward has this article today in The Pittsburgh Post-Gazette.

Posted at 12:06 PM by Howard Bashman



“Criminals and Campaign Cash: The Impact of Judicial Campaign Spending on Criminal Defendants.” The Center for American Progress issued this report today. A summary of the report appears at this link.

And the organization is hosting a related event from noon to 1:30 p.m. eastern time today. You can access the live video via this link.

Posted at 12:03 PM by Howard Bashman



Sunday, October 27, 2013

“At Supreme Court, tradition trumps technology, and transparency”: Robert Barnes will have this new installment of his “The High Court” column in Monday’s edition of The Washington Post.

Posted at 11:11 PM by Howard Bashman



“NCAA petitions Supreme Court in Sam Keller case”: USA Today has a report that begins, “The NCAA on Friday night filed documents asking the U.S. Supreme Court to review a federal appeals court ruling in a lawsuit against video game maker Electronic Arts concerning the use of college athletes’ names and likenesses.”

Posted at 8:09 AM by Howard Bashman



Saturday, October 26, 2013

“U.S. tells terror suspect it will use surveillance evidence, setting up possible legal challenge”: Robert Barnes and Ellen Nakashima have this article today in The Washington Post.

Richard Wolf of USA Today reports that “Warrantless surveillance program headed to high court; The Justice Department, for the first time, notifies a terror suspect that evidence against him stems from a secret search.”

The Wall Street Journal reports that “U.S. Tells Suspect for First Time It Used NSA Surveillance Program in Criminal Case; Authorities Say the Man Sought to Travel to Syria.” You can freely access the full text of the article via Google.

And Bloomberg News reports that “U.S. Will Use Foreign Intelligence Surveillance in Case.”

Posted at 9:24 AM by Howard Bashman



Friday, October 25, 2013

“Supreme Court Panel Talks Conflicts and Cameras”: Matthew Huisman has this post at “The BLT: The Blog of Legal Times.”

Earlier today, I had this post linking to video of this event.

Posted at 10:02 PM by Howard Bashman



“Appeals court reluctantly tosses suit over death of Fort Shafter soldier’s baby”: Ken Kobayashi has this article today in The Honolulu Star-Advertiser.

Metropolitan News-Enterprise reports today that “Court Rejects Claim U.S. to Blame for Death of Soldier’s Son; Panel Majority Criticizes Feres Doctrine, but Says It Is Controlling and Bars Suit by Child’s Father.”

Bob Egelko of The San Francisco Chronicle has a blog post titled “No damages for Army work orders that led to newborn child’s death.”

And at her “Trial Insider” blog, Pamela A. MacLean has a post titled “Soldier’s Baby Death Suit Tossed — Regretfully.”

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

Posted at 3:51 PM by Howard Bashman



“We must decide whether the Constitution permits a six-figure punitive damage award in a sexual harassment suit where the jury awarded no compensatory damages and only one dollar in nominal damages.” So begins an opinion that the U.S. Court of Appeals for the Ninth Circuit issued yesterday. The panel answered that question in the affirmative but ordered a further remittitur of punitive damages to $125,000.

In coverage of the ruling, Cronkite News reports that “Appeals court slashes award against ASARCO in sexual-harassment case.”

Update: At the “California Punitive Damages” blog, Curt Cutting has a post titled “Ninth Circuit reduces $300,000 punitive damages award to $125,000 in Title VII harassment case (Arizona v. ASARCO).”

Posted at 3:40 PM by Howard Bashman



“Circuit Slates Gay Man’s Killer for Resentencing”: Courthouse News Service has a report that begins, “Supreme Court pressure did not stop the 9th Circuit on Friday from ordering resentencing in a case where a gay man was murdered for allegedly flirting with the wrong guy.”

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

Posted at 3:32 PM by Howard Bashman



“Former Detainee’s Right to Speedy Trial Wasn’t Violated, Appeals Panel Rules”: This article appears today in The New York Times.

The Associated Press has a report headlined “NY court: Long interrogation OK before terror case.”

Jonathan Stempel of Reuters reports that “U.S. court upholds ex-Guantanamo detainee’s conviction over embassy blasts.”

Bloomberg News reports that “Court Upholds Ghailani Conviction in Embassy Bombings.”

At Politico.com, Josh Gerstein has a post titled “Appeals court upholds Ahmed Ghailani verdict.”

And at the “Lawfare” blog, Raffaela Wakeman has a post titled “Second Circuit Affirms District Court Judgment in Ghailani.”

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

Posted at 3:16 PM by Howard Bashman