How Appealing



Monday, March 17, 2014

Programming note: I will be presenting an appellate oral argument on Tuesday morning. As a result, new posts will not appear here until Tuesday afternoon.

Posted at 10:15 PM by Howard Bashman



“Choosing What to Photograph Is a Form of Speech; We back same-sex marriage, but the case against the New Mexico photography business owners would make bad law”: Eugene Volokh and Ilya Shapiro will have this op-ed in Tuesday’s edition of The Wall Street Journal.

Posted at 9:26 PM by Howard Bashman



“Tennessee special court upholds judicial retention elections”: The Tennessean has a news update that begins, “A Special Tennessee Supreme Court ruled Monday that holding retention elections for the state’s appellate judges is constitutional.”

And The Associated Press reports that “Special Supreme Court upholds retention elections for appellate court judges in Tennessee.”

You can access today’s ruling of the Supreme Court of Tennessee at this link. The court issued a related news release titled “Special Supreme Court Upholds Constitutionality of Tennessee’s Appellate Judge Election Process.” As the news release explains, four of the five members of the “Special Supreme Court” do not otherwise currently serve as Tennessee state judges.

Posted at 9:02 PM by Howard Bashman



“Supreme Court to rule Friday on Nadon’s appointment”: Sean Fine of The Toronto Globe and Mail has a news update that begins, “After sitting in limbo for months, Prime Minister Stephen Harper’s latest appointee to the Supreme Court of Canada, Justice Marc Nadon, will learn on Friday whether his prospective new colleagues deem him legally qualified for the job.”

And CBC News reports that “Supreme Court to rule on Justice Marc Nadon’s appointment; Top court to release decision Friday on constitutionality of Quebec appointment.”

Posted at 8:52 PM by Howard Bashman



“How a Supreme Court Case Made an Alabama Businessman Famous; Eyes all over Washington are on the McCutcheon campaign finance case — and McCutcheon himself”: National Journal has this report.

Posted at 8:50 PM by Howard Bashman



“Conservative Jim Johnson will retire from Washington Supreme Court”: SeattlePI.com has a report that begins, “State Supreme Court Justice Jim Johnson, the high court’s lone outspoken conservative, announced Monday that he will retire from the court on April 30.”

And The Seattle Times has a blog post titled “State Supreme Court Justice Jim Johnson to retire” that begins, “James M. Johnson, who is considered the most conservative member of the state Supreme Court, will retire next month due to ‘recent health concerns,’ the justice announced Monday.”

Posted at 8:44 PM by Howard Bashman



“AG brief says Oklahoma does not have drugs needed for Thursday execution; According to a brief filed Monday by the Oklahoma Attorney General’s Office, the state is having trouble obtaining two of the three drugs necessary to execute Clayton Derrell Lockett on Thursday”: The Oklahoman has this news update.

The Tulsa World has a news update headlined “State lacks drugs to carry out Thursday execution, records show.”

And The Associated Press has a report headlined “Okla. lawyers: Drugs not available for execution.”

Posted at 6:27 PM by Howard Bashman



“Supreme Court Justice Elena Kagan spoke to Georgetown University Law Center students about her life and career.” Even though the event only concluded moments ago, C-SPAN has already posted the video for on-demand viewing at this link.

Update: In news coverage, The Associated Press reports that “Kagan says happiest lawyers make a difference.”

And at “The BLT: The Blog of Legal Times,” Marcia Coyle has a post titled “Justice Kagan to Set Sight on New Target.”

Posted at 5:12 PM by Howard Bashman



“Civil rights groups want to uphold convictions in Amish beard case”: This article appears today in The Pittsburgh Post-Gazette.

Posted at 1:12 PM by Howard Bashman