How Appealing



Tuesday, December 31, 2013

“Budget Cuts Imperil Speed and Safety of Court System, Roberts Says”: Adam Liptak will have this article in Wednesday’s edition of The New York Times.

Robert Barnes of The Washington Post reports that “Chief Justice John Roberts warns of a not-so-wonderful life for judiciary amid budget cuts.”

David G. Savage of The Los Angeles Times reports that “Budget cuts harming federal courts, Chief Justice Roberts warns.”

Richard Wolf of USA Today reports that “Chief justice warns Congress on federal court cutbacks; John Roberts uses year-end report to warn that cutbacks will have serious consequences.”

Jesse J. Holland of The Associated Press reports that “Roberts renews call for court funding.”

Lawrence Hurley of Reuters reports that “U.S. chief justice calls for end to judiciary funding cuts.”

Laurie Asseo of Bloomberg News reports that “Roberts Seeks to Boost Some Judiciary Spending After Cuts.”

And at “The BLT: The Blog of Legal Times,” Tony Mauro has a post titled “Roberts Warns of Impact of Budget Cuts on Judiciary.”

You can access at this link the Chief Justice’s 2013 Year-End Report on the Federal Judiciary.

Posted at 8:22 PM by Howard Bashman



“Utah Asks Highest Court To Suspend Gay Marriage”: Jack Healy of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined “Utah asks Supreme Court to stay decision on same-sex marriage.”

David G. Savage of The Los Angeles Times has a news update headlined “Utah asks Supreme Court to restore gay marriage ban.”

Brooke Adams of The Salt Lake Tribune has a news update headlined “Utah takes next step in effort to stop same-sex marriage; State filed stay application with U.S. Supreme Court Tuesday afternoon.”

And The Deseret News has an update headlined “Gay marriages are ‘affront’ to Utah, state argues in appeal to high court.”

Posted at 8:12 PM by Howard Bashman



Majority on divided three-judge D.C. Circuit panel grants contraceptive mandate-related injunction pending appeal: You can access today’s order of the U.S. Court of Appeals for the D.C. Circuit, and the dissent therefrom, at this link.

According to the dissent of Circuit Judge David S. Tatel, the case challenges the Affordable Care Act’s requirement that certain religious organizations “self certify” their religious objections to the provision of contraceptive services as imposing a “substantial burden” under the Religious Freedom Restoration Act.

The “Religion Clause” blog recently had this post reporting on a similar case pending in Colorado federal court in which a stay request is likely to be filed in the U.S. Supreme Court in the very near future.

Update: The stay request filed tonight in the U.S. Supreme Court in the Colorado case can be accessed here.

And the majority on a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit tonight also granted an injunction pending appeal in a similar contraceptive mandate challenge.

Posted at 5:44 PM by Howard Bashman



Supreme Court of California announces that it will issue its decision Thursday on the case of an undocumented immigrant seeking admission to the State Bar of California: You can access the Notice of Forthcoming Filing at this link. The court’s ruling will be available online via this link at 10 a.m. pacific time on Thursday, January 2, 2014.

Posted at 2:57 PM by Howard Bashman



“NY suit challenging laptop searches tossed”: The Associated Press has a report that begins, “A Brooklyn judge has thrown out a lawsuit by a press photographers organization and others challenging searches of laptop computers at U.S. borders.”

You can access today’s ruling of the U.S. District Court for the Eastern District of New York at this link.

In response to the ruling, the ACLU issued a news release headlined “Court Rules No Suspicion Needed for Laptop Searches at Border.”

Update: In other coverage, at Wired.com’s “Threat Level” blog, David Kravets has a post titled “Court Upholds Willy-Nilly Gadget Searches Along U.S. Border.”

Posted at 2:23 PM by Howard Bashman



“Cheerleaders’ scripture banner fight could escalate to Texas Supreme Court”: The Beaumont Enterprise has this report today.

Posted at 1:28 PM by Howard Bashman



“Sotomayor Will Count Down to New Year in Times Square”: Tony Mauro has this post today at “The BLT: The Blog of Legal Times.”

Posted at 1:20 PM by Howard Bashman



“The Supreme Court Logic That Could Destroy Privacy in America: It’s dangerous for courts to continue adhering to Smith v. Maryland, a decision that was made before the advent of big data.” Conor Friedersdorf has this essay online at The Atlantic.

And in somewhat related news, “Dangerous” from Big Data continues its climb up the alternative charts.

Posted at 9:44 AM by Howard Bashman



“The Biggest Law Stories of 2013: Ten decisions and developments that rocked the legal community this year.” Andrew Cohen has this essay online at Politico Magazine.

Posted at 9:25 AM by Howard Bashman



Monday, December 30, 2013

“Jurist Prudence? Candid Judges Speak Out; Critics Question Wisdom of Justices Who Take Their Opinions Beyond the Courtroom; Dishing on a Blog and in a Book.” Joe Palazzolo will have this article in Tuesday’s edition of The Wall Street Journal.

Posted at 9:23 PM by Howard Bashman



“[T]he most surprising feature of the entire episode is the exceptional lenity with which a state university (in a state that does not allow medicinal, let alone recreational, use of marijuana) treated a brazen violator of its rules of conduct and of the criminal law.” So writes Circuit Judge Richard A. Posner on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit in an opinion issued today.

Posted at 9:18 PM by Howard Bashman



“Obama Trails Bush in Shaping Federal Judiciary”: Todd Ruger has this post today at “The BLT: The Blog of Legal Times.”

Posted at 5:36 PM by Howard Bashman



“Gov. Herbert has not signed off on $2 million price tag to defend Amendment 3”: This article appears today in The Deseret News.

And today’s edition of The Salt Lake Tribune contains a front page article headlined “Parents of newlywed same-sex couples share joy, pride; Many parents doubted they would ever see their LGBT children get married in their home state.” The Tribune also has a news update headlined “Another Utah amendment on marriage coming; Proposes to ensure churches need not participate in marriages that violate their views.”

Posted at 3:27 PM by Howard Bashman



“The NSA’s Metadata Program Is Perfectly Constitutional; Judge William Pauley, not Judge Richard Leon, got it right”: Law professor Eric Posner has this essay online today at Slate.

Posted at 3:21 PM by Howard Bashman



“What You Need to Know about the Third-Party Doctrine; And what it will likely mean as the NSA lawsuits work their way through the courts”: John Villasenor has this essay online today at The Atlantic.

Posted at 3:20 PM by Howard Bashman



In the January 2014 issue of ABA Journal magazine: Mark Walsh has an article headlined “SCOTUS ponders whether the president can make appointments while Congress is out.”

Steven Seidenberg has an article headlined “With the Supreme Court’s OK, states begin imposing new laws to limit the vote.”

David L. Hudson Jr. has an article headlined “1st Amendment at issue in ban on gay-conversion therapy for minors.”

Susan A. Berson’s cover story, headlined “Road to retirement: Ways to make retirement anything but resignation,” begins, “Deanell Reece Tacha has the characteristic enthusiasm of a 3L.”

Richard Acello has an article headlined “How two California solos helped take down ‘porn troll’ Prenda Law.”

And the new installment of Bryan A. Garner’s “On Words” column is headlined “4 vignettes lead to a single moral about writing better briefs.”

Posted at 3:14 PM by Howard Bashman



“Trial Lawyers Put Whirlpool Through the Wringer: The Supreme Court has a chance to bring more clarity to class actions.” John Engler has this op-ed today in The Wall Street Journal.

Posted at 10:38 AM by Howard Bashman



Sunday, December 29, 2013

“Contrasting rulings could take the NSA to the Supreme Court”: This video segment featuring Adam Liptak appeared on today’s broadcast of The PBS NewsHour Weekend.

Posted at 10:28 PM by Howard Bashman