How Appealing



Thursday, December 5, 2013

“At the Supreme Court, little love for an antiwar protester”: Michael McGough has this essay online at The Los Angeles Times.

Posted at 9:50 PM by Howard Bashman



“Constitution Check: Should politics dictate when Justices should retire?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 4:30 PM by Howard Bashman



Wednesday, December 4, 2013

“European court is not superior to UK supreme court, says Lord Judge; Former lord chief justice says law should be changed to make it clear British courts do not have to implement Strasbourg rulings”: Owen Bowcott of The Guardian (UK) has this report.

Posted at 9:36 PM by Howard Bashman



“A grounded frequent flier complains all the way to the Supreme Court”: Michael McGough has this essay online at The Los Angeles Times.

Posted at 9:00 PM by Howard Bashman



“High court hears medical-marijuana case”: The Miami Herald has a report that begins, “Tallahassee’s political establishment has repeatedly blocked legislative votes on medical marijuana and will ask the Florida Supreme Court Thursday to follow suit and keep the issue away from state voters in 2014.”

Posted at 8:57 PM by Howard Bashman



Access online the audio of today’s Federal Circuit oral argument in Oracle America, Inc. v. Google Inc. The U.S. Court of Appeals for the Federal Circuit has posted the audio online at this link (20.4MB mp3 audio file).

Earlier today, I had this post linking to news coverage of the oral argument.

Posted at 8:47 PM by Howard Bashman



“Dismissing Speech Claims, Justices Turn to Plain Line-Drawing”: Adam Liptak will have this article in Thursday’s edition of The New York Times.

In Thursday’s edition of The Washington Post, Robert Barnes will have an article headlined “Supreme Court justices say military-base protester’s case isn’t about free speech.”

In Thursday’s edition of The Los Angeles Times, David G. Savage will have an article headlined “Supreme Court case pits free speech against military property rights; A peace activist challenges the military’s authority to ban him from protesting on part of Vandenberg Air Force Base used by the public; The justices appear to side with the military.”

In Thursday’s edition of The Wall Street Journal, Jess Bravin will have an article headlined “Supreme Court Weighs War-Protester Case; Air Force Argues It Is Authorized to Keep Dennis Apel Off Highway That Runs Through Military Property.”

Richard Wolf of USA Today reports that “Supreme Court weighs protests at military installations.”

Michael Doyle of McClatchy Washington Bureau has an article headlined “Did man protest too close for military’s — and Supreme Court’s — comfort?”

Bill Mears of CNN.com reports that “Justices hear protester’s appeal over speech rights on government easements.”

Lawrence Hurley of Reuters reports that “Military protester faces uphill battle in Supreme Court.”

Mark Sherman of The Associated Press reports that “Court looks at protest ban at Calif. military base.”

On this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “Military Protester Finds Skeptical Audience At Supreme Court.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Argument recap: Skirting a constitutional issue.”

You can access at this link the transcript of today’s U.S. Supreme Court oral argument in United States v. Apel, No. 12-1038.

Posted at 8:38 PM by Howard Bashman



Cert. alert: Today, the majority on a divided three-judge Ninth Circuit panel issued an opinion that begins, “Five other circuits have held that an immigration judge violates due process or the immigration laws by relying on a State Department investigation of an asylum petitioner’s claim. Do we fall in line?”

Being the Ninth Circuit, the majority of course answered “no.” Chief Judge Alex Kozinski wrote the majority opinion.

Posted at 1:14 PM by Howard Bashman



Second Circuit affirms summary judgment dismissing ConEd’s suit against those who designed, built, operated, and maintained the 7 World Trade Center Building alleging that defendants’ negligence cause the building to collapse following the 9/11 attacks: You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.

In early news coverage, The Associated Press has a report headlined “US court: Negligence not cause of 3rd WTC collapse.”

Posted at 11:17 AM by Howard Bashman



“Supreme Court seems unlikely to uphold frequent-flier’s suit; A Minneapolis rabbi sued Northwest Airlines for canceling his ‘platinum’ frequent-flier status after his many complaints; Justices, citing a 1978 deregulation act, express skepticism about his claim”: David G. Savage has this article today in The Los Angeles Times.

The Minneapolis Star Tribune reports today that “U.S. Supreme Court cool to Minn. man booted from WorldPerks for complaining.”

The New York Daily News has an article headlined “Airline dumped rabbi from perks program saying he complained too much — U.S. Supreme Court to weigh in on legality; Rabbi Binyomin Ginsberg attained ‘Platinum Elite’ status in the now-defunct Northwest Airlines’ WorldPerks program in 2005 only to have it revoked when he allegedly complained too much; Ginsberg says he was just offering feedback.”

And Bill Mears of CNN.com reports that “Supreme Court appears split over frequent flyer case.”

Posted at 10:22 AM by Howard Bashman



“The Greatest Trick The Supreme Court Ever Pulled Was Convincing The World Roe v. Wade Still Exists”: Ian Millhiser and Tara Culp-Ressler have this essay online today at ThinkProgress.

Posted at 10:14 AM by Howard Bashman



“Justice Obscured: In a nine-month investigation, the Center for Public Integrity evaluated the financial disclosure rules for judges in the highest state courts nationwide.” The Center for Public Integrity posted this report online today.

The report contains an article headlined “State supreme court judges reveal scant financial information; Investigation reveals conflicts despite limited disclosure.”

And the report also includes additional items titled “Justices ruled on their own financial interests”; “Methodology: how we graded state supreme court financial disclosure“: and “State report cards.”

Posted at 10:08 AM by Howard Bashman



“Supreme Court Takes on Free Speech Case of Often-Arrested Protester”: Ariane de Vogue has this post today at “The Note” blog of ABC News.

Posted at 10:04 AM by Howard Bashman



“Easton Area School District files arguments for U.S. Supreme Court review in ‘boobies’ case; Easton district argues appeals court misapplied landmark rulings on student speech”: Peter Hall has this article today in The Morning Call of Allentown, Pennsylvania.

Posted at 10:00 AM by Howard Bashman



Tuesday, December 3, 2013

“Case Over Gun-Safety Ads Fosters Unlikely Alliance”: Wednesday’s edition of The New York Times will contain an article that begins, “A state appeals court here heard arguments on Tuesday about whether Phoenix was within its rights to remove bus shelter ads that proclaimed ‘Guns Save Lives,’ which the city said constituted political speech.”

Today’s edition of The Arizona Republic previewed the oral argument in an article headlined “Ban on Phoenix bus-stop gun ad is back in court; Supporters of bus-stop ad cite speech rights.”

Posted at 11:28 PM by Howard Bashman



“Supreme Court Considers Frequent Flier Contracts”: Adam Liptak will have this article in Wednesday’s edition of The New York Times.

In Wednesday’s edition of The Washington Post, Robert Barnes will have an article headlined “Supreme Court hears case of frequent flier dropped from perks program before merger.”

In Wednesday’s edition of The Wall Street Journal, Jess Bravin will have an article headlined “Supreme Court Hears Case of Disgruntled Frequent Flier; Passenger Sues Airline for Erasing His Miles; Delta Says He Abused His Membership.”

In Wednesday’s edition of USA Today, Richard Wolf will have an article headlined “Justices hear case of frequent flier, airline breakup; Rabbi was dropped from Northwest program after frequent complaints about service.”

And at Politico.com, Josh Gerstein has a blog post titled “Supreme Court takes on frequent flier program rights.”

Posted at 11:22 PM by Howard Bashman



“High Court Hears Claim for Retroactive Gay Marriage Rights”: Edmund H. Mahony of The Hartford Courant has an article that begins, “A woman, whose same sex, domestic partner died as a result of medical malpractice, told the state Supreme Court Tuesday that she is entitled for constitutional reasons to damages for loss of consortium — even though she and her partner were not married.”

Posted at 11:14 PM by Howard Bashman



“Politics, not justice, in Alabama death penalty cases; It is one of only three states that give judges the power to override juries in capital cases, and it is the only state in which judges regularly use that power to enhance sentences”: Andrew Cohen will have this op-ed in Wednesday’s edition of The Los Angeles Times.

Posted at 10:57 PM by Howard Bashman



“Un-People: The conservative crusade to declare everything a ‘person’ — corporations, fertilized eggs — will have disastrous consequences.” Dahlia Lithwick has this jurisprudence essay online at Slate.

Posted at 9:08 PM by Howard Bashman



“Supreme Court tackles Kentucky false advertising case”: Michael Doyle of McClatchy Washington Bureau has this report.

You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Lexmark Int’l, Inc. v. Static Control Components, Inc., No. 12-873.

Posted at 6:09 PM by Howard Bashman



“The nominees Obama wants most”: The Hill today has a report that begins, “Senate Democrats have gutted the filibuster, but that doesn’t mean President Obama’s 240 judicial and executive branch nominees will now sail to confirmation.”

Posted at 6:03 PM by Howard Bashman