How Appealing



Saturday, February 22, 2014

“Supreme Court to weigh EPA move to regulate greenhouse gases; Industry groups and Republican-led states are asking justices to block what they call a ‘brazen power grab’ by the president’s environmental regulators”: David G. Savage has this article today in The Los Angeles Times.

Posted at 11:58 AM by Howard Bashman



“Sheriff won’t fight gun permit ruling”: The San Diego Union-Tribune has an article that begins, “Law-abiding Californians have come another step closer to being able to carry guns in public. Sheriff Bill Gore said Friday that he will not fight an opinion by a federal appeals court that ruled against the county’s restrictive policy on carrying concealed weapons.”

Posted at 11:52 AM by Howard Bashman



“Capital Secrecy: An Inexcusable Failure by the Media.” Andrew Cohen has this essay online at the Brennan Center for Justice.

Posted at 11:50 AM by Howard Bashman



“Another Step on the Path to Settling Frisk Cases”: In today’s edition of The New York Times, Benjamin Weiser has an article that begins, “A federal appeals panel in Manhattan cleared the way on Friday for the lawsuits challenging the New York Police Department’s stop-and-frisk practices to be sent back to a lower-court judge, a step toward negotiating a final settlement in the longstanding legal dispute.”

And Bloomberg News reports that “NYC Wins Return of Stop-And-Frisk Case to Pursue Accord.”

Posted at 10:12 AM by Howard Bashman



“SB 1062 forcing Brewer to consider issues tied to faith, discrimination”: This front page article appears today in The Arizona Republic, along with a front page article headlined “Arizona business groups overwhelmingly opposed to SB 1062.”

In today’s edition of The Arizona Daily Star, Howard Fischer has a front page article headlined “Business leaders ask Brewer to veto law allowing denial of services.”

The New York Times contains a front page article headlined “Religious Right in Arizona Cheers Bill Allowing Businesses to Refuse to Serve Gays.”

And The Los Angeles Times reports that “Wary Arizona businesses urge veto of anti-gay bill.”

Posted at 10:06 AM by Howard Bashman



“Photographers Band Together to Protect Work in ‘Fair Use’ Cases”: Today’s edition of The New York Times contains an article that begins, “To many photographers, a federal appeals court ruling last spring that permitted Richard Prince to use someone else’s photographs in his art was akin to slapping a ‘Steal This’ label on their work.”

Posted at 9:58 AM by Howard Bashman



Friday, February 21, 2014

“Court Rules Against Notre Dame in Contraception Case; University Claims Affordable Care Act Violates Religious Beliefs”: Louise Radnofsky and Brent Kendall of The Wall Street Journal have this news update. You can freely access the full text of the article via Google.

Josh Gerstein of Politico.com has a blog post titled “Court: No reprieve for Notre Dame on contraception coverage rule.”

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.

Circuit Judge Richard A. Posner wrote the majority opinion, in which Circuit Judge David F. Hamilton joined. Circuit Judge Joel M. Flaum issued a dissenting opinion.

Posted at 9:18 PM by Howard Bashman



Coming soon — The newly redesigned Tenth Circuit home page: According to an email that the U.S. Court of Appeals for the Tenth Circuit sent yesterday afternoon, “The Tenth Circuit Court of Appeals is pleased to announce that the redesign of our internet website will go live on Friday evening February 21, between 5:00 p.m. and 6:00 p.m.” One presumes that those times pertain to the mountain time zone, where the Tenth Circuit’s headquarters is located.

Posted at 5:50 PM by Howard Bashman



Programming note: I will be spending this afternoon with trial counsel in an appeal I’m working on that’s scheduled for oral argument next Wednesday. Additional posts will appear this evening.

Posted at 10:48 AM by Howard Bashman



“Former Supreme Court Justice Sandra Day O’Connor gets warm reception in Charleston”: The Post & Courier of Charleston, South Carolina has this report.

Posted at 8:22 AM by Howard Bashman



“Same-Sex Marriage Lawsuits Exploding in U.S. Courts”: Pete Williams of NBC News has this report.

And today at WSJ.com’s “Washington Wire” blog, Jess Bravin has a post titled “Court Reporter: Judge’s Gay-Marriage Ruling Now Embraced.” The post’s description reads, “Welcome to the first installment of Court Reporter, a new column by Wall Street Journal’s Supreme Court correspondent, Jess Bravin. The column takes a fresh look at the world of law.”

Posted at 8:20 AM by Howard Bashman



“Abortion notification law’s fate rests with Alaska high court”: The Anchorage Daily News has an article that begins, “The Alaska Supreme Court heard oral arguments Wednesday on a state law that requires doctors to notify a pregnant minor’s parents before she can undergo an abortion.”

And Alaska Public Radio Network reports that “Alaska Supreme Court Hears Oral Arguments On Parental Notification Law” (with link to audio).

In the not too distant future, the video of Wednesday’s oral argument in the Supreme Court of Alaska should be available online via this link.

Posted at 8:11 AM by Howard Bashman



“Behind the Briefs: A Secret History of the Supreme Court’s Halliburton Case.” Paul M. Barrett has this article online today at Bloomberg Businessweek.

Posted at 7:58 AM by Howard Bashman



“The Ghost of Herbert Smulls Haunts Missouri’s Death Penalty Plans; It’s been just three weeks since Missouri executed Herbert Smulls before his appeals were exhausted; And virtually nothing has gone right for the state in its efforts to implement the death penalty since”: Andrew Cohen has this essay online at The Atlantic.

Posted at 7:55 AM by Howard Bashman



Thursday, February 20, 2014

“Global-Warming Case Tests The Limits Of An Aging Clean Air Act”: Today at Forbes.com, Daniel Fisher has a post that begins, “The U.S. Supreme Court on Monday will hear arguments in a case that really ought to be debated in the halls of Congress: Whether greenhouse gases can be regulated the same as any other air pollutant.”

Posted at 11:00 PM by Howard Bashman



“Judge Posner’s Dog Ate His Homework”: Matthew J. Franck has this post today at National Review Online’s “Bench Memos” blog

My earlier coverage of last week’s oral argument in Univ. of Notre Dame v. Sebelius appears here and here.

Posted at 10:36 PM by Howard Bashman



“Court rules lawmakers can’t cut pension benefit increases for retired judges”: Howard Fischer of The East Valley Tribune has a news update that begins, “State lawmakers cannot balance the budget by limiting pension benefit increases for retired judges, the Arizona Supreme Court ruled Thursday.”

And The Arizona Republic has a news update headlined “Court’s pension ruling could cost Arizona taxpayers millions.”

You can access today’s ruling of the Supreme Court of Arizona at this link.

Posted at 10:26 PM by Howard Bashman



“New Rules, Same Results on Capitol Hill: Despite ‘the nuclear option,’ Republicans are still slowing Senate business to a halt.” This article appears in the February 21, 2014 issue of Newsweek.

Posted at 10:22 PM by Howard Bashman



“Aereo’s future rests on Copyright Act’s definition of ‘public'”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight today has this report.

Posted at 10:15 PM by Howard Bashman



“Arizona Legislature approves controversial religion bill”: The Arizona Republic has a news update that begins, “The Legislature has given final approval to a controversial religion bill that’s spurring intense debate at the Legislature and across the country. The legislation, written by the conservative advocacy group Center for Arizona Policy and the Christian legal organization Alliance Defending Freedom, would allow individuals to use religious beliefs as a defense against a lawsuit.”

Posted at 10:07 PM by Howard Bashman



“Garrett Epps’s Topsy-Turvy Misunderstanding of Religious-Liberty Precedents”: Ed Whelan has this post at National Review Online’s “Bench Memos” blog.

Posted at 3:57 PM by Howard Bashman