How Appealing



Tuesday, March 18, 2014

“‘Blogging and the New Public Intellectual’ — a Conversation with Tom Goldstein”: Tom Goldstein of “SCOTUSblog” spoke earlier this month as part of a series titled “Blogging and the New Public Intellectual” hosted by The Hannah Arendt Center for Politics and Humanities at Bard College.

You can view a video of the event by clicking here. There’s even a “How Appealing” shout-out at the one-hour-and-28-minute mark of the video.

Posted at 4:42 PM by Howard Bashman



“Same-sex marriage ban harms couples and children, lesbian couples argue in appeal; Attorneys for Oklahoma couples who successfully challenged state marriage ban say discrimination against gay couples is on par with gender discrimination”: Chris Casteel of The Oklahoman has this report.

The Tulsa World reports that “Same-sex marriage lawsuit plaintiffs respond to Oklahoma’s appeal; Oklahoma’s same-sex marriage stance is challenged in a legal brief filing.”

And The Associated Press has report headlined “Brief: Oklahoma gay marriage ban demeans children.”

I have posted online at this link the brief for plaintiffs/appellees/cross-appellants filed yesterday in the U.S. Court of Appeals for the Tenth Circuit.

Posted at 3:48 PM by Howard Bashman



“California chief justice warns of civil rights crisis from court cuts; Recent court budget cuts have left many Californians with little access to justice, Tani Cantil-Sakauye tells Legislature as she pleads for restored funding”: Maura Dolan has this article today in The Los Angeles Times.

And The Sacramento Bee reports today that “California chief justice warns of ‘civil rights crisis.’

You can access the prepared text of the State of the Judiciary address that California’s Chief Justice delivered yesterday at this link.

Posted at 3:40 PM by Howard Bashman



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



Sunday, March 16, 2014

“For Michael ‘Mookie’ Moss, case against Secret Service is matter of free speech”: Robert Barnes will have this new installment of his “The High Court” column in Monday’s edition of The Washington Post.

Posted at 11:00 PM by Howard Bashman



“Supreme Court To Rule on Cell Phone Privacy: Do cops need a warrant to search your cell phone when you’re under arrest?” Damon Root has this essay online at Reason.

Posted at 9:32 AM by Howard Bashman



“Much depends on Ginsburg: The 81-year-old Supreme Court justice should retire this summer to ensure Obama can choose a like-minded successor.” Law professor Erwin Chemerinsky has this op-ed in today’s edition of The Los Angeles Times.

Posted at 9:25 AM by Howard Bashman



Saturday, March 15, 2014

“The Story behind the Rob Ford Story: A little-known Supreme Court ruling unmuzzled reporters — and changed Canadian journalism.” This cover story appears in the March 2014 issue of The Walrus.

Posted at 3:45 PM by Howard Bashman



Friday, March 14, 2014

“Alabama same-sex couple denied divorce will pursue court fight”: The Huntsville Times has a news update that begins, “A Madison County woman whose bid for a divorce from her same-sex partner was denied in court this week plans to challenge the constitutionality of Alabama’s refusal to recognize gay marriage, her lawyer said today.”

Posted at 11:44 PM by Howard Bashman