How Appealing



Monday, November 11, 2013

“SCOTUSblog will be shopping for a buyer next year, its founder confirms”: Debra Cassens Weiss has this post at the “Law News Now” blog of ABA Journal.

Posted at 2:36 PM by Howard Bashman



“Harvard Law outsider became Tea Party hero; In liberal bastion, Ted Cruz played a familiar role”: Sunday’s edition of The Boston Globe contained this article.

Posted at 1:18 PM by Howard Bashman



“Former Chief Justice George is not a fan of SCOTUS election law jurisprudence”: David Ettinger has this post at the “At the Lectern” blog.

Posted at 7:56 AM by Howard Bashman



“Sometimes, you don’t want your case to make it to the Supreme Court”: In today’s edition of The Washington Post, Robert Barnes has this new installment of his “The High Court” column.

Posted at 7:44 AM by Howard Bashman



Sunday, November 10, 2013

“Supreme Court to Take Up Challenges to Union Practices”: Steven Greenhouse will have this article in Monday’s edition of The New York Times.

Posted at 9:55 PM by Howard Bashman



“Toronto lawyer takes aim at Supreme Court choice”: The Canadian Press has a report that begins, “Rocco Galati appears to revel in kicking Goliath in the shins. The Toronto lawyer is teaming up with the Constitutional Rights Centre Inc., to challenge the legality of the Prime Minister’s latest appointment to the Supreme Court of Canada.”

Posted at 9:54 PM by Howard Bashman



“Handicapping the Possible Purchasers of SCOTUSblog”: Law professor Kyle Graham has this post today at his blog, “noncuratlex.com.”

Posted at 8:32 PM by Howard Bashman



“Bond v United States: The Supreme Court Should Not Let Bad Facts Make Bad Law.” John Bellinger had this post Friday at the “Lawfare” blog.

Posted at 9:51 AM by Howard Bashman



“U.S. Supreme Court to consider another Oklahoma abortion case; After rejecting Oklahoma’s appeal in a case involving drug-induced abortions, the nation’s high court might review a state law requiring ultrasound examination”: Chris Casteel has this article today in The Oklahoman.

Posted at 9:45 AM by Howard Bashman



“Supreme Court ruling could give man, sentenced to life without parole as juvenile, another chance”: This article appears today in The Clarion-Ledger of Jackson, Mississippi.

Posted at 9:42 AM by Howard Bashman



“Act 10 union law goes before state Supreme Court Monday”: Patrick Marley has this article today in The Milwaukee Journal Sentinel.

Posted at 9:40 AM by Howard Bashman



Saturday, November 9, 2013

“The Nominee: A Political and Spiritual Journey.” Fifth Circuit Judge Leslie H. Southwick has published this memoir, which the book’s publisher describes as “A firsthand account of the murky, faithstraining processes by which federal judges are confirmed.”

Although a review copy of the book has yet to arrive at “How Appealing” headquarters, some of the book’s contents can be accessed online via Google Books.

Posted at 3:05 PM by Howard Bashman



“Legal blog seeks recognition from high court”: Mark Sherman of The Associated Press has this report.

According to the article, “Next year, Goldstein said he intends to sell SCOTUSblog. To that end, he wants a formal press credential for Denniston, whose pass is courtesy of a Boston public radio station for which he works only rarely, and maybe even Howe. The formal recognition he seeks is part of a series of moves aimed at making SCOTUSblog more attractive to prospective buyers.”

Update: From the department of “now you see it, now you don’t,” the passage from the article quoted immediately above has been cut from the article’s current version. However, the original version of the article can still be accessed at various places online, including here.

Posted at 10:00 AM by Howard Bashman



Challenge to my client’s $8 million appellate victory in pooled health trust matter reached a favorable conclusion yesterday when the Pa. Supreme Court denied the opposing parties’ request for further review: Yesterday’s orders of the Supreme Court of Pennsylvania denying the petition for allowance of appeal can be accessed here and here. I have posted my client’s brief in opposition to the petition for allowance of appeal at this link.

The Pa. Commonwealth Court‘s earlier unanimous en banc ruling in favor of my client can be accessed here. My post collecting news coverage of the ruling, published on the day after it originally issued, appears at this link. And I previously linked here both to my client’s appellate briefs and the trial court’s adverse ruling.

Posted at 9:50 AM by Howard Bashman



“Label Updates May Be Allowed for Generics”: Today’s edition of The New York Times contains an article that begins, “The Food and Drug Administration proposed a rule on Friday that would permit generic drug makers to update their labels if they received information about potential safety problems. The move puts the companies on equal footing with brand-name manufacturers, but it also opens the door to lawsuits against them for the first time since the Supreme Court barred such cases two years ago.”

You can view the text of the proposed rule at this link.

Posted at 9:12 AM by Howard Bashman



“Veterans feel a debt toward an old warhorse of a judge; Judge Harry Pregerson, wounded at Okinawa, was the force behind U.S. VETS, which has rescued thousands of formerly homeless vets”: Columnist Steve Lopez will have this essay in tomorrow’s edition of The Los Angeles Times.

Posted at 9:07 AM by Howard Bashman



Friday, November 8, 2013

“Appeals Court Blocks Health Law’s Contraception Requirement”: Joe Palazzolo of The Wall Street Journal has a news update that begins, “A federal appeals court on Friday blocked a provision of the Obama administration’s health-care law requiring employers to provide birth-control coverage in employee insurance, ruling that it imposed a ‘substantial burden’ on religious rights of two Midwestern companies.” You can freely access the full text of the article via Google.

You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link.

Update: In other coverage, Bloomberg News reports that “Obamacare Contraceptive Mandate Blocked by Appeals Court.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Broad bar to birth-control mandate.”

Posted at 9:00 PM by Howard Bashman



Programming note: This afternoon, I have a meeting out of the office with co-counsel on a pending appeal. Additional posts will appear here this evening.

Posted at 11:22 AM by Howard Bashman



“Strine Seeks Top Delaware Supreme Court Post; Court Is Final Voice on State’s Business Laws, the Most Influential in the Country”: On Wednesday, The Wall Street Journal posted this article online.

You can freely access the full text of the article via Google.

Posted at 8:00 AM by Howard Bashman