How Appealing



Wednesday, March 12, 2014

“Justice Samuel Alito Speaks at Pepperdine Event; U.S. Supreme Court Justice Samuel Alito offers advice to young lawyers and says State of the Union addresses are increasingly difficult for justices to attend”: The Malibu Times has this report.

Posted at 8:44 PM by Howard Bashman



Google and YouTube file brief supporting en banc review of Ninth Circuit’s refusal to issue a stay of three-judge panel’s take-down order in Garcia v. Google pending action on petition for rehearing en banc of underlying three-judge panel’s ruling: You can access the brief in support of en banc review of the order denying a stay at this link. The Ninth Circuit had previously ordered the opposing parties to file their views on this issue no later than today.

[Update: I have posted at this link plaintiff Cindy Lee Garcia’s brief in response to the en banc call on the stay order filed earlier today.]

Today is also the deadline for Google to file its petition for rehearing en banc of the underlying three-judge panel’s decision, which issued 14 days ago. The rehearing petition will be filed later tonight, I am reliably advised. My initial coverage of that ruling can be accessed here.

It is quite possible that the issue concerning en banc review of the stay denial will fall by the wayside if the Ninth Circuit quickly grants en banc review of the underlying three-judge panel’s ruling. In the Ninth Circuit, when en banc review is granted, the effect is to vacate the three-judge panel’s ruling.

Posted at 8:33 PM by Howard Bashman



“Kline seeks U.S. Supreme Court review of license suspension; Petition asserts Kline punished for political views on abortion”: The Topeka Capital-Journal has this report.

Posted at 8:05 PM by Howard Bashman



“Can police search your phone on arrest? Groups urge Supreme Court to say ‘no’; Searching the vast array of personal data in smartphones calls for a warrant.” Joe Silver of Ars Technica has this report.

Posted at 7:58 PM by Howard Bashman



“House backs bill to sue president over laws”: The Associated Press has this report, which states that “Once litigated in district court, any appeals would be decided by the U.S. Supreme Court.” The article goes on to say that the proposed legislation has no chance whatsoever of becoming law.

Posted at 5:53 PM by Howard Bashman



“Sonia Sotomayor: The sincere Supreme Court Justice charms a capacity crowd at Everybody Reads.” The Oregonian has this report.

Posted at 5:10 PM by Howard Bashman



“3d Circuit Judge to retire!” Today at the “Southern California Appellate News” blog, Ben Shatz has this post noting that Santa Barbara, California-based Senior Third Circuit Judge Ruggero J. Aldisert has announced plans to retire entirely from the federal judiciary this August.

Posted at 3:32 PM by Howard Bashman



“The defendants’ appeal brief is a gaunt, pathetic document,” and for good measure the Seventh Circuit in this civil case directs “the district court to determine whether the defendants should be jailed”: Circuit Judge Richard A. Posner delivered this opinion today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.

The audio from the oral argument of this appeal, which occurred less than a month ago, can be accessed via this link.

Posted at 1:36 PM by Howard Bashman



“Judge upholds Missouri limit on funeral protests”: The Associated Press has a report that begins, “A federal judge has upheld a Missouri law requiring protesters to stay at least a football-field length away from funeral sites, beginning an hour before they start until an hour after the services end.”

I have posted online at this link Monday’s ruling of the U.S. District Court for the Western District of Missouri in Phelps-Roper v. Nixon.

Posted at 8:20 AM by Howard Bashman