How Appealing



Monday, February 24, 2014

“Test of Precedent Offers a Chance To Make Noise Thomas’s Way”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 7:26 PM by Howard Bashman



“Brief in Okla. gay marriage ban lawsuit expected”: The Associated Press has a report that begins, “Lawyers face a Monday deadline to file a brief outlining an appeal of a federal judge’s ruling that overturned Oklahoma’s ban on same-sex marriage.”

And in today’s edition of The Oklahoman, Chris Casteel has articles headlined “Tulsa judge makes mark with same-sex ruling” and “Attorneys on both sides of Oklahoma’s same-sex marriage case work for free.”

Posted at 6:17 PM by Howard Bashman



“In Supreme Court Brief, TV Networks Threaten to Reconsider Public Broadcasting; In advance of an April 22 hearing concerning Aereo, the petitioners argue their position that the digital service publicly performs their content”: At the “Hollywood, Esq.” blog of The Hollywood Reporter, Eriq Gardner has this post.

Posted at 6:12 PM by Howard Bashman



“Pressure mounts over Arizona bill opposed by gays”: The Associated Press has a report that begins, “Republican Gov. Jan Brewer faced intensifying pressure Monday from CEOs, politicians in Washington and state lawmakers in her own party to veto a bill that would allow business owners with strongly held religious beliefs to deny service to gay people.”

Posted at 5:03 PM by Howard Bashman



In the March 2014 issue of ABA Journal magazine: Mark Walsh has an article headlined “Companies claim contraceptive mandate goes against owners’ religious beliefs.”

Anna Stolley Persky has an article headlined “50 years after New York Times v. Sullivan, do courts still value journalists’ watchdog role?

Wendy N. Davis has an article headlined “States keep mum on where lethal injection drugs are made.”

Stephanie Francis Ward is the author of the issue’s cover story, headlined “Has ‘stop and frisk’ been stopped?”

David L. Hudson Jr. has an article headlined “Firm challenges Florida Bar over website ad limits.”

And the latest installment of Bryan A. Garner’s “On Words” column is headlined “Weighing the arguments for and against obfuscation in court.”

Posted at 2:36 PM by Howard Bashman



“Climate case at Supreme Court looks at EPA’s power”: Mark Sherman of The Associated Press has a report that begins, “The Supreme Court appears divided over an Obama administration program aimed at limiting power plant and factory emissions of gases blamed for global warming.”

Lawrence Hurley of Reuters reports that “Justices question Obama climate change regulations.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Argument recap: Five — the number that counts.”

Posted at 1:02 PM by Howard Bashman



“Will This Man Make Gay Marriage Legal Everywhere? Justice Anthony Kennedy has more power than any president or justice in history to decree the law of the land; Agree with him or not, there is something wrong with this picture.” Stuart Taylor, Jr. has this essay online at The Daily Beast.

Posted at 11:46 AM by Howard Bashman



“Clarence Thomas Is One Of America’s Top Legal Minds And Progressives Ignore This Fact At Their Peril”: Ian Millhiser has this post today at ThinkProgress.

Posted at 9:44 AM by Howard Bashman



Access online today’s Order List of the U.S. Supreme Court: The Court has posted the Order List at this link. The Court did not grant review in any new cases.

The Court issued a per curiam opinion in Hinton v. Alabama, No. 13-6440.

In early news coverage, The Associated Press reports that “High court rejects NRA appeals“; “High court won’t review poker club conviction“; and “High court won’t block Va. capital murder retrial.”

Greg Stohr of Bloomberg News reports that “Gun Curbs for Young Adults Survive Supreme Court Appeals“; “Moldy Washer Cases Can Proceed as Court Rebuffs Whirlpool“; and “Poker Players Rejected by U.S. High Court on Prosecutions.”

Lawrence Hurley of Reuters reports that “Supreme Court declines challenges to gun laws“; “Supreme Court court turns away moldy washer cases“; and “U.S. Supreme Court declines to hear poker case.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Court denies gun rights cases.”

Posted at 9:35 AM by Howard Bashman



Sunday, February 23, 2014

“Cruz Control: The junior senator from Texas is a smart political operator — so why can’t he resist picking so many losing fights with members of his own party?” Erica Grieder has this profile at Politico Magazine.

Posted at 10:44 PM by Howard Bashman



“Democratic donors cross aisle to unseat Texas Supreme Court judges; Democrats raise cash to unseat justices in primary bouts”: The Houston Chronicle has this report.

Posted at 10:42 PM by Howard Bashman



“Couple married in UK’s first ever Scientology wedding; Wedding day arrives for Scientology couple who won a Supreme Court challenge”: The Telegraph (UK) has this report.

The East Grinstead (UK) Courier reports that “East Grinstead Scientology couple who won Supreme Court challenge get married in London.”

The Independent (UK) has a report headlined “Couple get married in Britain’s first Scientology wedding; Scientologists Louisa Hodkin and Alessandro Calcioli won a landmark legal battle to have the Church of Scientology recognised as a ‘place of meeting for religious worship.’

And BBC News reports that “Scientology couple who won Supreme Court challenge get married in London.”

Posted at 9:06 PM by Howard Bashman



“Supreme Court to consider EPA’s authority to regulate greenhouse gases”: Robert Barnes will have this article in Monday’s edition of The Washington Post.

Warren Richey of The Christian Science Monitor has an article headlined “Supreme Court takes up challenge to Obama and the EPA; The key question before the court is whether the Obama EPA overstepped its authority when it sought to expand greenhouse gas regulations to a wide range of sources of such emissions.”

And at Roll Call, David Hawkings has a blog post titled “Supreme Court EPA Regulation Case Tests Limits, Balance of Power.”

Posted at 8:50 PM by Howard Bashman



“Former Wabash student can sue fraternity, state high court rules”: Tim Evans of The Indianapolis Star has a news update that begins, “The Indiana Supreme Court has ruled that a former Wabash College student can move forward with a lawsuit against the fraternity where he was seriously injured during a night of horseplay that may have crossed into hazing.”

You can access the ruling of the Supreme Court of Indiana, which on February 13, 2014, at this link.

Coincidentally, as noted in this recent earlier post, the cover story of this week’s issue of The Atlantic is about lawsuits against fraternities.

Posted at 5:42 PM by Howard Bashman



“Opponents of Same-Sex Marriage Take Bad-for-Children Argument to Court”: Erik Eckholm has this article today in The New York Times.

Posted at 9:25 AM by Howard Bashman



“En Banc Federal Circuit Confirms Cybor: Claim Construction Reviewed De Novo on Appeal.” At “Patently-O,” Dennis Crouch has this post about a 6-to-4 en banc ruling that the U.S. Court of Appeals for the Federal Circuit issued Friday.

And yesterday, Dennis had a follow-up post titled “Lighting Ballast: Deference Would Have Only Masked the Problems.”

Given the closeness of the en banc vote, it is worth noting that the Federal Circuit’s two newest judges did not participate in the en banc ruling.

Posted at 9:20 AM by Howard Bashman