How Appealing



Wednesday, January 22, 2014

“Judges build on Supreme Court’s Windsor ruling to extend gay rights”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.

Posted at 5:10 PM by Howard Bashman



“Justices ponder ‘straw purchasers’ gun law”: Jesse J. Holland of The Associated Press has this report.

And at “SCOTUSblog,” Lyle Denniston has a post titled “Argument recap: When compromise is the problem.”

You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Abramski v. United States, No. 12-1493.

Update: At Politico.com, Josh Gerstein has a blog post titled “Justices wrestle with law key to Fast & Furious storm.”

Posted at 3:30 PM by Howard Bashman



“Anonymous pre-election hit piece on Horne was legal, attorneys argue”: Howard Fischer of The Arizona Daily Star has an article that begins, “A lawyer for the Democratic Attorneys General Association told the state Court of Appeals Tuesday that organizations have a constitutional right to run what amounts to anonymous ‘hit pieces’ on candidates right before the election.”

Posted at 1:12 PM by Howard Bashman



“9th Circuit’s Decision in Big Lagoon Case Spells Trouble (breakdown)”: Today at the “Turtle Talk” blog, Bryan Newland has this post about a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday.

The substance of the blog post begins, “Judge Block’s analysis contained in the decision was so stunningly and thoroughly poor, that there is not enough space or time to address every wrong point in this post (and this is a long post).”

The majority opinion was written by a senior U.S. District Judge visiting from outside of the Ninth Circuit and joined in by a Senior Ninth Circuit Judge. The third judge on the panel, a Ninth Circuit Judge in active service, dissented. As a result, this case may have a better than ordinary chance of obtaining en banc review.

Posted at 1:10 PM by Howard Bashman



“Chancery appeals to US Supreme Court on secret panels”: Sean O’Sullivan and Maureen Milford of The News Journal of Wilmington, Delaware have this report.

Posted at 1:00 PM by Howard Bashman



“Court struggles with restitution for child porn”: Mark Sherman of The Associated Press has this report.

Update: You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Paroline v. United States, No. 12-8561.

Posted at 11:35 AM by Howard Bashman



Victory for the plaintiff in Lance v. Wyeth: As I noted yesterday evening, the Supreme Court of Pennsylvania decided yesterday the appeal that I had orally argued on behalf of the plaintiff more than two years and four months ago.

Due to yesterday’s large snowstorm in the Philadelphia area, the Pa. Supreme Court’s Philadelphia filing office wasn’t able to post the majority or dissenting opinion online yesterday. Thus, I did not know whether the outcome of the case noted in the docket — affirmed in part and reversed in part — signified a full or partial victory for my client or a total defeat.

This morning, Pennsylvania’s highest court posted the opinions in the case online, consisting of the majority opinion in which four justices joined and a dissenting opinion in which two justices joined. The bottom line is that my client prevailed, making the long wait for a ruling at least somewhat more palatable.

You can access the briefs filed in the case via two earlier posts, here and here.

Posted at 9:47 AM by Howard Bashman



“Sexual Orientation Is No Basis for Jury Exclusion, a Federal Appeals Court Rules”: Adam Liptak has this article today in The New York Times.

Posted at 7:55 AM by Howard Bashman



Tuesday, January 21, 2014

“41 years after Roe v. Wade, abortion foes undaunted; In annual report, National Right to Life Committee applauds antiabortion measures in states, and takes the long view on getting measures through Congress and before the Supreme Court”: Linda Feldmann of The Christian Science Monitor has this report.

Posted at 10:38 PM by Howard Bashman



“Texas Prepares to Execute Mexican Despite Concerns That His Arrest Violated Law”: Manny Fernandez will have this article in Wednesday’s edition of The New York Times.

Posted at 10:05 PM by Howard Bashman



“Justices Appear Divided On a Sweeping Challenge To Public Workers’ Unions”: 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 considers major change in public employee unions.”

David G. Savage of The Los Angeles Times reports that “Supreme Court considers striking down mandatory public union dues.”

Richard Wolf of USA Today reports that “Justices hear case threatening public employee unions; An effort by home-care workers to opt out of union representation threatens the labor movement.”

On this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “High Court Considers Legality Of ‘Fair Share’ Union Fees.”

At Education Week’s “School Law” blog, Mark Walsh has a post titled “Supreme Court Weighs High-Stakes Case on Union Fees.”

At Forbes.com, Daniel Fisher has a post titled “Supreme Court Debate: Are Public-Sector Unions Too Political?

And online at The Atlantic, law professor Garrett Epps has an essay titled “The Supreme Court Case That Could Clobber Public-Sector Unions.”

Posted at 10:00 PM by Howard Bashman



After waiting more than two years and four months, what’s one more day? The Supreme Court of Pennsylvania today decided the case that I described on September 13, 2013 — the two-year anniversary of my oral argument of the appeal — as “my oral argument toddler.”

Ordinarily, Pennsylvania’s highest court would post the decision online on the day of issuance. However, due to the big snowstorm affecting Philadelphia today, the court’s Philadelphia filing office closed at 2 p.m. today. Consequently, the opinion was not posted online today.

Here is what I currently know, thanks to the Pa. Supreme Court’s updated docket sheet in the case. The decision of the Superior Court of Pennsylvania, which was partially in favor of my client and partially in favor of the defendants, was affirmed in part and reversed in part. That disposition, however, can describe a large range of possible outcomes in the case. I also know that Justice Thomas G. Saylor wrote the majority opinion, in which Justices Max Baer, Debra McCloskey Todd, and Seamus P. McCaffery joined. Finally, I know that Justice J. Michael Eakin issued a dissenting opinion, in which Chief Justice Ronald D. Castille joined.

The wait for a decision has ended. And the wait to learn the precise outcome of the case and what the court’s decision actually says has begun, starting midday today.

Posted at 5:37 PM by Howard Bashman



“‘Raging Bull’ on the ropes in copyright challenge; Justices’ decision will hinge on whether the daughter of a screenwriter waited too long to file her case”: Richard Wolf of USA Today has this report.

Posted at 5:02 PM by Howard Bashman



“The Volokh Conspiracy joins The Washington Post”: You can access the press release at this link.

You can view the WaPo version of the VC by clicking here.

Update: An explanatory post from Eugene Volokh is titled “In Brazil, you can always find the Amazon — in America, the Amazon finds you.”

Contrary to my initial comment, above, there is no WaPo version of the VC — rather, only the WaPo version will exist going forward. In addition, the VC after six months will exist “behind the Post’s rather permeable paywall.”

Posted at 3:28 PM by Howard Bashman



“The BLT: The Blog of Legal Times” opts to become more difficult to access. Mike Scarcella has the announcement at this link.

Heading in the opposite direction, as previously reported, WSJ.com’s “Law Blog” recently decided to make itself much more accessible by entirely dropping its paywall.

Lest anyone be concerned, the “How Appealing” blog’s agreement with law.com ensures that this blog will remain freely accessible to all who have internet access.

Posted at 2:31 PM by Howard Bashman



“Va. Supreme Court declines to rehear Virginia Tech shooting case; The ruling effectively ends the case in the state court system”: The Roanoke Times has this news update.

Posted at 2:01 PM by Howard Bashman



“This appeal’s central question is whether equal protection prohibits discrimination based on sexual orientation in jury selection.” A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit answered “yes” in a decision issued today.

Update: In early news coverage, Howard Mintz of The San Jose Mercury News has a report headlined “Gay bias in jury selection: federal appeals court forbids barring gays and lesbians from jury service.”

Maura Dolan of The Los Angeles Times has a news update headlined “Court says prospective jurors can’t be removed because they are gay.”

Dan Levine of Reuters reports that “Exclusion of gay juror forces new U.S. trial between GSK, Abbott.”

The Associated Press has a report headlined “Court: Gay juror was taken off panel improperly.”

Chris Geidner of BuzzFeed reports that “Federal Appeals Court Says Jurors Can’t Be Excluded Because They Are Gay.”

And at her “Trial Insider” blog, Pamela A. MacLean has a post titled “Sexual Orientation No Basis to Block Jurors.”

Posted at 12:31 PM by Howard Bashman