How Appealing



Tuesday, April 29, 2014

“Supreme Court Revives EPA Rule on Air Pollution Across State Lines; Court’s 6-2 Ruling Is Victory for Obama Administration; 28 States Will Have to Reduce Power-Plant Emissions”: Brent Kendall of The Wall Street Journal has this news update.

Posted at 12:12 PM by Howard Bashman



In the May 2014 issue of ABA Journal magazine: Mark Walsh has an article headlined “Experts sound off once again on Justice Thomas’ silence.”

Lorelei Laird has an article headlined “Courts are hearing new challenges to tax exemptions for religion.”

Kristin Choo has an article headlined “Gun control advocates search for policies which pass 2nd Amendment muster.”

And this month’s installment of Bryan A. Garner’s “On Words” column is headlined “The tortuous tale behind the 10th edition of the most widely cited lawbook in the world.”

Posted at 11:33 AM by Howard Bashman



“At least 4 percent of those sent to death row in US are innocent, researchers say; The 4 percent figure is a conservative estimate, the researchers say in a study published Monday; Some of the innocent on death row are exonerated and freed, but not all, the study says”: The Christian Science Monitor has this article reporting on a study that the scientific journal Proceedings of the National Academy of Sciences posted online yesterday.

Posted at 11:14 AM by Howard Bashman



“Justice Ginsburg on the Supreme Court and societal change”: This post appears today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 10:38 AM by Howard Bashman



“Oklahoma’s rare double execution drawing global media interest”: This front page article appears in today’s edition of The Tulsa World.

The Oklahoman reports that “Oklahoma’s first double-execution since 1937 set for Tuesday night; Executions are planned for 6 and 8 p.m. at the State Penitentiary in McAlester; Inmates Clayton Derrell Lockett and Charles Frederick Warner are set to be executed.”

Reuters reports that “Oklahoma to execute two convicts after ending court case on drugs.”

And online at The Week, Andrew Cohen has an essay titled “Oklahoma just neutered its state Supreme Court: Goodbye, judicial independence.”

Posted at 10:30 AM by Howard Bashman



Access online today’s U.S. Supreme Court rulings in argued cases: The Court today issued rulings in three argued cases.

1. Justice Sonia Sotomayor delivered the opinion of the Court in Octane Fitness, LLC v. Icon Health & Fitness, Inc., No. 12-1184. All other Justices joined in the opinion in full, except for Justice Antonin Scalia, who did not join in three footnotes. You can access the oral argument via this link.

2. Justice Sotomayor also delivered the opinion for a unanimous Court in Highmark, Inc. v. Allcare Health Management System, Inc., No. 12-1163. You can access the oral argument via this link.

3. And Justice Ruth Bader Ginsburg delivered the opinion of the Court in EPA v. EME Homer City Generation, L.P., No. 12-1182. Justice Antonin Scalia issued a dissenting opinion, in which Justice Clarence Thomas joined. And Justice Samuel A. Alito, Jr. did not participate in the decision. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that “Court revives EPA rule on cross-state pollution.”

Lawrence Hurley of Reuters reports that “Supreme Court upholds air pollution regulation.”

Greg Stohr of Bloomberg News reports that “Obama Power-Plant Pollution Rule Upheld by Top U.S. Court.”

Richard Wolf of USA Today has an article headlined “Justices: Midwest states must slash wind-blown pollution; Decision by Supreme Court is a major boon to the Obama administration’s effort to control air pollution that travels across state lines.”

And at Politico.com, Alex Guillen reports that “Supreme Court upholds EPA air pollution rule.”

Posted at 10:06 AM by Howard Bashman



“In cell phone cases, U.S. top court to take up digital privacy”: Lawrence Hurley of Reuters has this report.

In today’s edition of The Wall Street Journal, Jess Bravin has an article headlined “Supreme Court to Weigh Cellphone Searches; Justices to Consider Whether Police Need Warrant to Search a Suspect’s Phone.” In addition, at WSJ.com’s “Law Blog,” Bravin has a post titled “California of Two Minds on Warrantless Searches of Cellphones.”

Warren Richey of The Christian Science Monitor has an article headlined “When can cops search cellphones? Supreme Court to hear cases; The US Supreme Court will hear two cases Tuesday that deal with police searching an arrestee’s cellphone without a warrant; Lower courts have disagreed on whether that is constitutional.”

On today’s broadcast of NPR’s “Morning Edition,” Nina Totenberg had an audio segment titled “Weighing The Risks Of Warrantless Phone Searches During Arrests.”

And Tal Kopan of Politico.com has a blog post titled “Supreme Court to weigh cellphone searches.”

Posted at 9:50 AM by Howard Bashman



Monday, April 28, 2014

“White House Steps Up Effort to Confirm Federal Judges”: Jeremy W. Peters will have this article in Tuesday’s edition of The New York Times.

Posted at 11:18 PM by Howard Bashman



“Justices Appear Willing to Give a Fired Public Worker Only Half a Victory”: Adam Liptak will have this article in Tuesday’s edition of The New York Times.

In Tuesday’s edition of The Washington Post, Robert Barnes will have an article headlined “Fired public employee tells court his Constitutional rights were violated.”

And Bill Mears of CNN.com reports that “Justices, in arguments, support man who says he was fired for exposing corruption.”

Meanwhile, in related commentary, online at Bloomberg View, law professor Noah Feldman has an essay titled “Why Does the Government Want Us to Lie in Court?

Posted at 11:11 PM by Howard Bashman



“Supreme Court to decide if law forbidding destruction of financial records applies to fish”: Robert Barnes will have this article in Tuesday’s edition of The Washington Post.

In Tuesday’s edition of The Wall Street Journal, Brent Kendall will have an article headlined “Prosecutors Used Sarbanes-Oxley to Hook a Fisherman; Convicted Angler Brings Case to Supreme Court, Saying the Law Doesn’t Apply to Tossing Fish Overboard.”

Richard Wolf of USA Today reports that “Supreme Court to hear case of undersized grouper.”

Warren Richey of The Christian Science Monitor has an article headlined “When is a fish like an incriminating document? Supreme Court will decide; A missing box of undersized fish led to charges against a Florida fisherman under a federal anti-document shredding measure; Whether he was overcharged will be for the Supreme Court to say.”

And Bill Mears of CNN.com reports that “Fisherman says feds went overboard in prosecution of illegal catch.”

Last Thursday, John Yates — the petitioner in this case — wrote about the case for Politico Magazine in an article headlined “A Fish Story: I got busted for catching a few undersized grouper; You won’t believe what happened next.”

Posted at 10:50 PM by Howard Bashman



“Court considers whistleblower free speech rights”: The Associated Press has this report.

Mary Troyan of The Montgomery Advertiser has a news update headlined “Justices: Public employees’ testimony merits protection.”

At WSJ.com’s “Law Blog,” Jess Bravin has a post titled “Another Week, Another Rift Between Justices Sotomayor and Kennedy.”

At the “School Law” blog of Education Week, Mark Walsh has a post titled “Supreme Court Weighs Case on Public-Employee Testimony.”

And on this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “Justices Troubled By Their Earlier Ruling On Public Employee Speech Rights.”

You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Lane v. Franks, No. 13-483.

Posted at 8:56 PM by Howard Bashman



“Michelle Friedland Confirmed to Ninth Circuit”: At “The BLT: The Blog of Legal Times,” Todd Ruger has this post.

In other coverage, Howard Mintz of The San Jose Mercury News has an update headlined “San Francisco lawyer moving to federal appeals court bench.”

At her “Trial Insider” blog, Pamela A. MacLean has a post titled “Friedland Confirmation Gives Circuit Full House.”

And the Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued a news release headlined “Senate Confirms Michelle T. Friedland to Seat on Ninth Circuit Court of Appeals.”

You can access the official U.S. Senate roll call vote tally at this link.

Posted at 8:45 PM by Howard Bashman



“Supreme Court to consider if ‘anti-shredding law’ applied to missing grouper”: Jeremy P. Jacobs of Greenwire has this report.

Posted at 5:26 PM by Howard Bashman



“Justices to Weigh Fisherman’s Conviction Under Federal Finance Law”: Adam Liptak will have this article in Tuesday’s edition of The New York Times.

Posted at 2:46 PM by Howard Bashman



In today’s mail: Thanks to a fan of this blog at Simon & Schuster, three books of interest arrived in today’s mail.

The first was the advanced uncorrected proofs of Bruce Allen Murphy‘s forthcoming book, “Scalia: A Court of One.” The book is scheduled to go on sale June 10, 2014.

The second was Michael Waldman‘s “The Second Amendment: A Biography,” which is scheduled to go on sale May 20, 2014.

And the third was soon-to-be released trade paperback edition of Marcia Coyle‘s “The Roberts Court: The Struggle for the Constitution.” This edition, containing a new chapter titled “On with the Culture Wars,” is scheduled to go on sale May 20, 2014.

Posted at 2:40 PM by Howard Bashman



“Can Cops Search Your Cell Phone Without a Warrant?” Ariane de Vogue has this post today at “The Note” blog of ABC News.

Posted at 2:26 PM by Howard Bashman



“Alabama 2-year college scandal case before Supreme Court”: In today’s edition of The Montgomery Advertiser, Mary Troyan has a front page article that begins, “The corruption scandal involving Alabama’s two-year college system will be the backdrop for Supreme Court arguments today about whether testimony that a government employee gives in court is protected free speech.”

Posted at 9:40 AM by Howard Bashman



Access online today’s Order List of the U.S. Supreme Court: The Court has posted today’s Order List at this link. The Court granted review in two new cases.

In early news coverage, The Associated Press reports that “Court to clarify process for rescinding mortgages“; “High court to hear fisherman’s case“; “Court turns away challenge to anti-terror law“; “Court declines to hear Microsoft antitrust case“: and “High court turns down ex-Kansas attorney general.”

Greg Stohr of Bloomberg News reports that “Military Detention Law Stands as Top Court Rejects Appeal” and “Microsoft Wins Antitrust Case as Top Court Rejects Novell.”

Lawrence Hurley of Reuters reports that “Supreme Court to consider white-collar charges against fisherman” and “U.S. Supreme Court declines to hear Microsoft antitrust case.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Detention challenge denied.”

Posted at 9:33 AM by Howard Bashman



“Scalia set to play key role in Supreme Court smartphone case; With the conservative justice emerging as a foe of ‘unreasonable searches,’ the court will decide whether police can examine phones seized during arrests”: David G. Savage has this article in today’s edition of The Los Angeles Times.

Posted at 7:42 AM by Howard Bashman



“Federal judges plead guilty — Juris imprudence: Litigants reeling after judges admit conflicts of interest.” Reity O’Brien of The Center for Public Integrity has this article, along with an article headlined “Information on judges’ disclosures often blacked out; Redacted information includes gifts, investments and income.” The organization has also posted online a database titled “What do federal appellate judges own?

In early news coverage, Sam Hananel of The Associated Press has an article headlined “Report: Appeals court judges violated ethics laws.”

Bob Egelko of The San Francisco Chronicle has an article headlined “Judges’ financial conflicts of interest revealed in report.”

And The New York Daily News has an article headlined “Federal judges hid conflict of interest when ruling on cases: report.”

Posted at 7:28 AM by Howard Bashman



Sunday, April 27, 2014

“Stay voids 3 legal same-sex marriages in Tennessee”: The Tennessean has a news update that begins, “Three same-sex Tennessee couples’ marriages — granted recognition last month by a Nashville federal judge — are once again legally void after the state’s attorney general won a stay from the 6th Circuit Court of Appeals in Ohio.”

You can access at this link Friday’s order of the U.S. Court of Appeals for the Sixth Circuit granting a stay.

Posted at 9:30 PM by Howard Bashman



“Harper’s judicial losing streak reveals the limits of government action”: Sean Fine will have this article in Monday’s edition of The Toronto Globe and Mail.

Posted at 9:25 PM by Howard Bashman



“Breyer loves when justices defy expectations, but others still say politics are what matter”: Robert Barnes will have this new installment of his “The High Court” column in Monday’s edition of The Washington Post.

Posted at 9:20 PM by Howard Bashman



“Koch brothers, major corporations sponsor pension reform seminar for judges; Attendees could decide fate of contentious cases across the nation”: Chris Young of The Center for Public Integrity has this report.

Posted at 8:35 PM by Howard Bashman