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



Tuesday, March 11, 2014

“How a Court Secretly Evolved, Extending U.S. Spies’ Reach”: In Wednesday’s edition of The New York Times, Charlie Savage and Laura Poitras will have an article that begins, “Ten months after the Sept. 11 attacks, the nation’s surveillance court delivered a ruling that intelligence officials consider a milestone in the secret history of American spying and privacy law.”

Posted at 8:42 PM by Howard Bashman



In retrospect, perhaps the appellate court didn’t take long enough to decide the case: On February 28, 2014, I had a post linking to an article published in The Philadelphia Inquirer that day headlined “Sprague motion: Lower court tardy, so yank case.”

Today, the Superior Court of Pennsylvania issued this decision in the case, which coincidentally goes against the parties who were arguing that the appellate court was taking too long to decide the appeal.

Posted at 4:55 PM by Howard Bashman



“Has Supreme Court lost its zeal to curb consumer class actions?” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.

Posted at 4:12 PM by Howard Bashman



“Justice Sotomayor shares some of life’s lessons with UW students; U.S. Supreme Court Justice Sonia Sotomayor spoke to a packed crowd of 1,200, mostly students, at the UW campus Monday”: The Seattle Times has this report.

Posted at 4:11 PM by Howard Bashman



“San Jose wants to overturn baseball’s antitrust exemption”: Sasha Volokh has this post today at “The Volokh Conspiracy.”

Posted at 1:50 PM by Howard Bashman



“Will Alabama grant same-sex couple’s request for divorce?” Brian Lawson of The Huntsville Times has an article that begins, “A same-sex couple who married in Iowa in 2012 has filed for divorce in Alabama, creating a potentially complex court challenge in a state that does not recognize same-sex marriage.”

Posted at 1:40 PM by Howard Bashman



“Trial begins on Bible-themed monument in Bloomfield”: Today’s edition of The Albuquerque Journal contains a front page article that begins, “A federal judge this week will consider whether a 3,000-pound monument inscribed with the Ten Commandments on the front lawn of Bloomfield City Hall violates the religious freedoms of two of the city’s residents.”

Posted at 10:46 AM by Howard Bashman



“Constitution Check: How free are students to comment on public policy issues?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 10:44 AM by Howard Bashman



“Supreme Court Sides With Landowner in Rails-to-Trails Case”: Jess Bravin has this article today in The Wall Street Journal.

Robert Barnes of The Washington Post reports that “Court sides with landowner over abandoned railroad right of way.”

And David G. Savage of The Los Angeles Times reports that “Supreme Court deals setback to rails-to-trails movement; The justices rule 8-1 in favor of landowner Marvin Brandt of Wyoming, saying he is not required to grant a right of way through his property.”

Posted at 9:57 AM by Howard Bashman



“U.S. top court case highlights unsettled science in contraception”: Sharon Begley of Reuters has a report that begins, “As the U.S. Supreme Court prepares to hear a religious dispute over the Obamacare contraception mandate, advocates on both sides are trying to set the court straight on the science.”

Posted at 9:55 AM by Howard Bashman



“Kentucky Supreme Court justice in line for Court of Appeals job”:
The Courier-Journal of Louisville, Kentucky has an article that begins, “Kentucky Supreme Court Justice Lisabeth Hughes Abramson of Louisville is being vetted by the FBI for a seat on the U.S. Court of Appeals’ 6th Circuit.”

Posted at 9:48 AM by Howard Bashman



“Appeals court to consider both challenges to Va. ban on same-sex marriage”: This article appears today in The Richmond Times-Dispatch.

Posted at 9:46 AM by Howard Bashman