How Appealing



Sunday, March 23, 2014

“Supreme Court considers 2004 Jacksonville protest; Secret Service used force to clear street when Bush changed his plans for dinner”: This article appears today in the Mail Tribune of Medford, Oregon.

Posted at 10:09 AM by Howard Bashman



“Health law birth control coverage before justices”: Mark Sherman of The Associated Press has this report.

In today’s edition of The Oklahoman, Chris Casteel has a front page article headlined “Supreme Court justices to hear Hobby Lobby arguments on religion and contraception; Oral arguments are set for Tuesday in the most closely-watched case of the Supreme Court’s term; Hobby Lobby, the Oklahoma City-based chain, says mandate to provide certain contraceptives as health benefits violates company’s religious beliefs.” He also has related articles headlined “Hobby Lobby case: Christians or corporations? The divisive struggle in the U.S. Supreme Court between Christian business owners and the U.S. government over contraceptives has become known around the country as the Hobby Lobby case” and “Peyote, Hobby Lobby and the religious freedom law.”

Pete Williams of NBC News reports that “Supreme Court Takes Up Dispute Over Obamacare and Religion.”

Today’s edition of The Deseret News contains an editorial titled “In Hobby Lobby case, freedom is under threat.”

Online at USA Today, Ken Starr has an op-ed titled “Obamacare shackles religious freedom; The Hobby Lobby case could deal blow to people of faith.”

At The Daily Beast, the Right Reverend V. Gene Robinson, the IX Episcopal Bishop of New Hampshire, has an essay titled “Religious Freedom, or a License to Discriminate? Religious conservatives are moving to build protection for discrimination into the law; If the Supreme Court lets them, we could end up with a country that can’t be governed.”

And at The Huffington Post, Lynn M. Paltrow has an essay titled “If Hobby Lobby Wants to Deny Insurance Coverage of Birth Control It Should Stop Selling Knitting Needles, Too.”

Posted at 9:26 AM by Howard Bashman



Saturday, March 22, 2014

“Crying Wolf on Religious Liberty”: The Sunday Review section of tomorrow’s edition of The New York Times will contain an editorial that begins, “This week, the owners of two secular, for-profit corporations will ask the Supreme Court to take a radical turn and allow them to impose their religious views on their employees — by refusing to permit them contraceptive coverage as required under the Affordable Care Act.”

Posted at 11:35 PM by Howard Bashman



“Appeals court issues temporary stay in Michigan’s gay marriage case”: The Detroit News has this update.

The Detroit Free Press has news updates headlined “Appellate court reverses course, issues temporary stay on same-sex marriages until Wednesday“; “Ruling could push Michigan gay marriages into legal limbo“; and “Gay Michigan couples’ wedding-day joy turns to uncertainty when state halts same-sex marriages.”

The New York Times has a news update headlined “Tumultuous Day for Gay Couples in Michigan.”

Reuters reports that “Ruling to strike down Michigan gay marriage ban put on hold.”

And The Associated Press reports that “Appeals court halts gay marriages in Michigan.”

You can view this evening’s order of the U.S. Court of Appeals for the Sixth Circuit at this link.

Posted at 9:00 PM by Howard Bashman



“Appeals Court Upholds Current Fees on Debit Card Purchases”: This article appears today in The New York Times.

In today’s edition of The Wall Street Journal, Brent Kendall, Ryan Tracy, and Robin Sidel have an article headlined “Court Revives Fed Rule Limiting Debit-Card Fees; Decision Is a Setback for Retailers, Who Argued the Fed Didn’t Do Enough to Curb Bank Levies.”

Bloomberg News reports that “Fed Upheld on Debit Card Swipe-Fee Cap by Appeals Court.”

Reuters reports that “Appeals court upholds Fed’s debit card ‘swipe fee’ limits.”

And The Associated Press reports that “US appeals court upholds Fed’s cap on ‘swipe’ fees.”

You can access yesterday’s ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.

Posted at 1:28 PM by Howard Bashman



“Having paid 3 lawyers ‘is sanction enough'”: John Bursch had this post yesterday at Warner Norcross & Judd LLP’s “One Court of Justice Blog.”

Posted at 1:16 PM by Howard Bashman



“The Supreme Court should reverse the Ninth Circuit and uphold Slaughter-House!” Randy Barnett has this post at “The Volokh Conspiracy.”

Posted at 10:52 AM by Howard Bashman



“Judicial Fact Finding Ron Amok: Judge Posner’s Judicial Fashion Shows.” Josh Blackman had this post yesterday at his blog.

Posted at 10:35 AM by Howard Bashman



“Are Firms Entitled to Religious Protections? Hobby Lobby’s founder objects to the health law, but the government says for-profit companies aren’t entitled to religious-freedom protections.” Janet Adamy has this front page article today in The Wall Street Journal.

Michael Doyle of McClatchy Washington Bureau has an article headlined “Faith and health care law to collide at Supreme Court.”

Bill Mears of CNN.com has an article headlined “Justices to hear ‘Hobby Lobby’ case on Obamacare birth control rule.”

Stuart Taylor Jr. reports that “Justices To Weigh Contraceptive Mandate Against Religious Freedom Claims.”

At “SCOTUSblog,” Lyle Denniston has a post titled “Argument preview: Religion, rights, and the workplace.”

Pew Research Center’s Religion & Public Life Project has a report titled “Health Care Law’s ‘Contraception Mandate’ Reaches the Supreme Court.”

Yesterday’s broadcast of the PBS program “Religion & Ethics Newsweekly” had a video segment titled “Contraception Mandate.”

Pema Levy of Newsweek has reports headlined “When Is a Mandate Not a Mandate? Ask the Supreme Court” and “It’s About Birth Control, Stupid.”

msnbc has reports headlined “The law that could sink birth control coverage” and “Nuns take sides as contraception fight heads to the Supreme Court.”

The Intelligencer Journal/Lancaster (Pa.) New Era has articles headlined “Reluctant litigants: Hahn family takes its pro-life stance, and Conestoga Wood Specialities, to the Supreme Court” and “Praying for the Hahns: How Christians are uniting behind Conestoga Wood Specialties owners in Obamacare fight.”

Dmitriy Shapiro of Washington Jewish Week reports that “Jewish groups on both sides of Hobby Lobby.”

At the “Constitution Daily” blog of the National Constitution Center, Scott Bomboy has a post titled “Could Citizens United and a semi-colon undo Obamacare?

Reuters Breakingviews columnist Reynolds Holding has an essay titled “U.S. company religion case on Obamacare may shake shareholder faith.”

At The Daily Beast, Jay Michaelson has an essay titled “Do Corporations Believe in God? The ‘Hobby Lobby’ Case Has the Answer.” And Tiffany Stanley has an essay titled “Why Can’t the FDA Fix Outdated Birth Control Labels? Contraceptives like Plan B don’t prevent fertilized eggs from implanting in a woman’s body; But their labels still say they do — and they’ve become a tool for conservative activists.”

Online at Mother Jones, Stephanie Mencimer has an essay titled “Are You There God? It’s Me, Hobby Lobby; Everything you need to know about the high-stakes religious-freedom case that could redefine corporate personhood.”

Wharton professor Amy Sepinwall has an op-ed in The Washington Post titled “Can a corporation have a conscience?

Online at Reason, Damon Root has a post titled “Contraceptives, Corporations, and Obamacare: Sebelius v. Hobby Lobby Stores Inc. reaches the Supreme Court.”

At National Review Online’s “Bench Memos” blog, Ed Whelan has a round-up of his earlier relevant blog posts titled “Selected Posts on Hobby Lobby.”

And the American Constitution Society recently held a briefing on the cases, and you can view the video via this link.

Posted at 9:58 AM by Howard Bashman



Friday, March 21, 2014

“Supreme Court’s rejection of Nadon is a legal marker and a political blow”: Sean Fine of The Toronto Globe and Mail has this article, along with an article headlined “Senate reform may suffer same fate as Nadon, legal experts say.” The newspaper also has related articles headlined “Nadon decision highlights the tense relationship between the government and the judiciary” and “Quebec party leaders hail top court’s ruling against Nadon appointment.”

Tonda MacCharles of The Toronto Star has articles headlined “Supreme Court of Canada rejects Harper judicial appointee Marc Nadon; In 6-1 ruling, court refuses the Conservative government’s appointment to one of its seats reserved for Quebec as unconstitutional“; “Ruling leaves top court and Marc Nadon up in the air; It’s not yet clear what will happen next for the vacant Quebec seat on the Supreme Court of Canada, nor for Justice Marc Nadon“; and “Toronto lawyer Rocco Galati wonders why he had to clean up Stephen Harper’s ‘mess’; Toronto lawyer Rocco Galati, who argued against the appointment of Marc Nadon, says he ‘regrets the fact the government can make a subversive mess of our Constitution.’

CBC News has reports headlined “Marc Nadon appointment rejected by Supreme Court; Prime Minister Stephen Harper’s appointment of semi-retired Federal Court judge isn’t constitutional“; “Marc Nadon ruling hailed by Quebec, opposition; Opposition parties denounce Stephen Harper’s appointment, shot down Friday by Supreme Court“; and “Nadon challenger Rocco Galati wonders why he had to clean up ‘mess’; ‘If I hadn’t brought the challenge, Justice Nadon would be deciding cases,’ lawyer says.”

The Wall Street Journal reports that “Canada’s Top Court Rules Harper Appointee Ineligible to Join Ranks; First Time Supreme Court of Canada Asked to Determine the Eligibility of a Prospective Member.”

The Canadian Press reports that “Supreme Court says non to Nadon; federal government ‘genuinely surprised.’

And Reuters reports that “Canada high court rebuffs government, blocks court appointment.”

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

Posted at 11:25 PM by Howard Bashman



Programming note: Thanks to an all-day Continuing Legal Education session that I am attending, the continuing legal education of this blog’s readers will be delayed until this evening.

Posted at 6:35 AM by Howard Bashman



Thursday, March 20, 2014

“NRA wins court ruling against WHA”: Sean O’Sullivan of The News Journal of Wilmington, Delaware has an article that begins, “In a surprising blow to public housing officials and a clear win for the National Rifle Association, the Delaware Supreme Court has ruled that the Wilmington Housing Authority cannot set limits on residents’ rights to carry guns in common areas of public housing.”

You can access Tuesday’s ruling of the Supreme Court of Delaware, on certified question from the U.S. Court of Appeals for the Third Circuit, at this link.

And in other news, The Associated Press reports that “Hawaii man to get 2nd shot at gun license request.”

You can access today’s unpublished ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 11:37 PM by Howard Bashman



“Court upholds practice of swabbing individuals for DNA upon arrest; California authorities may continue to collect DNA from people arrested for felonies — even if they are never formally charged — and store the genetic profiles, a federal appeals court rules”: Maura Dolan will have this article in Friday’s edition of The Los Angeles Times.

Howard Mintz of The San Jose Mercury News reports that “California DNA collection law upheld.”

Bob Egelko of The San Francisco Chronicle has a blog post titled “Court keeps DNA law, but suit still alive.”

Tal Kopan of Politico.com has a blog post titled “Court rejects challenge to Calif. DNA collection, but leaves door cracked.”

And at her “Trial Insider” blog, Pamela A. MacLean has a post titled “Calif Arrestee DNA Collection OK.”

You can access today’s en banc per curiam ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 11:28 PM by Howard Bashman



“Supreme Court To Decide Fate Of Software Patents — Or Maybe Not”: Daniel Fisher has this post today at Forbes.com.

Posted at 11:18 PM by Howard Bashman



“Reviled preacher Fred Phelps dead at age 84; Family member says no funeral planned for infamous preacher”: The Topeka Capital-Journal has this news update. The newspaper also has published an obituary headlined “Phelps’ life turned from brilliance to hatred; Phelps was disbarred, reviled internationally by the time of his death.”

And The Christian Science Monitor has an article headlined “Fred Phelps: no funeral for the preacher who picketed so many; Fred Phelps and his Westboro Baptist Church tormented countless funerals to spread their message against homosexuality and abortion; He died Thursday.”

Posted at 8:14 PM by Howard Bashman



“Federal judge could rule today on Michigan’s bans on gay marriage, adoption for same-sex couples”: The Detroit News has this report.

Posted at 12:55 PM by Howard Bashman



Obituary: Joseph F. Weis Jr. — Judge celebrated in court, on battlefield; March 12, 1923 – March 19, 2014. The Pittsburgh Post-Gazette contains this obituary today.

And The Pittsburgh Tribune-Review contains an obituary headlined “Fox Chapel judge, revered by generations of his peers, dies at 91.”

Joseph F. Weis, Jr. was appointed to the U.S. Court of Appeals for the Third Circuit by President Richard M. Nixon and was confirmed in March 1973, after Judge Weis had served as a judge on the U.S. District Court for the Western District of Pennsylvania for three years. Judge Weis took senior status in April 1988. Today, the seat that Judge Weis held on the Third Circuit is occupied by Circuit Judge Thomas M. Hardiman, after previously being held by Senior Third Circuit Judge Richard L. Nygaard.

Posted at 9:00 AM by Howard Bashman