How Appealing



Monday, May 5, 2014

“Tour operators challenge licensing in court”: Pete Yost of The Associated Press has a report that begins, “Skeptical judges on a federal appeals court on Monday questioned why the nation’s capital requires that tour guides be licensed by the local government.”

You can access at this link (14.7 MB mp3 audio file) the audio of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit.

Posted at 4:18 PM by Howard Bashman



“Standing to Sue Obama: Congress should challenge his refusal to enforce the law.” This editorial appears today in The Wall Street Journal.

Posted at 2:20 PM by Howard Bashman



“The Problems With the Death Penalty Are Already Crystal Clear: The president has commissioned yet another study of lethal injections; He’d be better off lobbying the Supreme Court and Congress to make changes.” Andrew Cohen has this essay online today at The Atlantic.

Posted at 12:57 PM by Howard Bashman



“In Justices’ Votes, Free Speech Often Means ‘Speech I Agree With'”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 12:44 PM by Howard Bashman



“Supreme Court Refuses to Hear Major Second Amendment Case”: Damon Root has this post at Reason.com’s “Hit & Run” blog.

Posted at 11:30 AM by Howard Bashman



“Supreme Court Allows Prayers at Town Meetings”: Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined “Supreme Court upholds legislative prayer at council meetings.”

And David G. Savage of The Los Angeles Times has a news update headlined “Supreme Court upholds Christian prayers at city council meetings.”

Update: At “SCOTUSblog,” Lyle Denniston has a post titled “Opinion analysis: Prayers get a new blessing.”

And at the “School Law” blog of Education Week, Mark Walsh has a post titled “Supreme Court Upholds Prayers at Municipal Meetings.”

Posted at 11:09 AM by Howard Bashman



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

1. Justice Stephen G. Breyer delivered the opinion for a unanimous Court in Robers v. United States, No. 12-9012. Justice Sonia Sotomayor issued a concurring opinion, in which Justice Ruth Bader Ginsburg joined. You can access the oral argument via this link.

2. And Justice Anthony M. Kennedy delivered the opinion of the Court in large measure in Town of Greece v. Galloway, No. 12-696. Justices Antonin Scalia and Clarence Thomas joined most but not all of the opinion of the Court. Justice Samuel A. Alito, Jr. issued a concurring opinion, in which Justice Scalia joined. Justice Clarence Thomas issued an opinion concurring in the judgment, in which Justice Scalia joined in part. Justice Breyer issued a dissenting opinion. And Justice Elena Kagan issued a dissenting opinion, in which Justices Ginsburg, Breyer, and Sotomayor joined. You can access the oral argument via this link.

In early news coverage, Mark Sherman of The Associated Press reports that “High court ruling favors prayer at council meeting.”

Lawrence Hurley of Reuters reports that “U.S. top court endorses prayers before town meetings.”

Greg Stohr of Bloomberg News reports that “Legislative Prayer Backed in U.S. Supreme Court Ruling.”

Richard Wolf of USA Today reports that “Supreme Court upholds prayer at government meetings.”

And at “The BLT: The Blog of Legal Times,” Tony Mauro has a post titled “Divided Supreme Court Blesses Town’s Opening Prayer.”

Posted at 10:06 AM by Howard Bashman



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

In addition, the Court issued a per curiam opinion, summarily vacating the judgment of the U.S. Court of Appeals for the Fifth Circuit, in Tolan v. Cotton, No. 13-551. Justice Samuel A. Alito, Jr. issued an opinion, in which Justice Antonin Scalia joined, concurring in the judgment.

And Justice Alito issued a dissent, in which Justice Scalia joined, from the denial of certiorari in Beard v. Aguilar, No. 13-677.

In early news coverage, The Associated Press reports that “High court rejects appeal on gun rights in public“; “Court rejects challenge to city’s immigration law“; and “Court revives victim lawsuit in mistaken shooting.”

Greg Stohr of Bloomberg News reports that “New Jersey Gun-Carrying Limit Left Intact by High Court“; “Undocumented-Immigrant Housing Ban Allowed by High Court“; and “Guantanamo Inmate Claiming to Be Medic Rejected by Court.”

And Lawrence Hurley of Reuters reports that “U.S. Supreme Court declines new gun regulations challenge” and “Supreme Court declines to hear Nebraska immigration case.”

Posted at 9:52 AM by Howard Bashman



“Texas Is Permanently Shutting Abortion Clinics and the Supreme Court Can’t Do Anything About It; Regardless of what the judicial system does with Texas’s antiabortion law, its on-the-ground effects are unlikely to be reversed”: Sophie Novack of National Journal has this article today.

Posted at 7:56 AM by Howard Bashman



“Harper comments ‘inappropriate’, says lawyer who mounted Nadon challenge; Chief Justice Beverley McLachlin ‘has not done anything wrong by raising the flag’: Rocco Galati.” The Canadian Press has this report.

Posted at 7:54 AM by Howard Bashman



“Ice-Cream Defense: Arguing before Justice Sotomayor.” Rebecca Mead has this item (subscription required for full access) in The Talk of the Town section of the May 12, 2014 issue of The New Yorker.

Posted at 7:50 AM by Howard Bashman



Sunday, May 4, 2014

“PMO snubs lawyers’ request for clarity on allegation against Chief Justice”: In Monday’s edition of The Toronto Globe and Mail, Sean Fine and Kim Mackrael will have an article that begins, “The Prime Minister’s Office is rejecting a call from Canada’s legal community to clarify its statement about the Supreme Court, leaving unresolved an allegation that the Chief Justice behaved improperly.”

Posted at 10:32 PM by Howard Bashman



“Grass-roots fundraising at heart of same-sex marriage fight; It’s a grass-roots pocketbook issue for folks on both sides of same-sex court fight”: Marissa Lang has this front page article in today’s edition of The Salt Lake Tribune.

Posted at 10:28 PM by Howard Bashman



“An appeals victory might open new inquiries into anti-smoking drug”: Michael Doyle of McClatchy Washington Bureau has this report today.

Posted at 8:54 PM by Howard Bashman



“Gay, married and back in South Dakota: How one lesbian couple will push back against state’s gay marriage ban, and the prevailing culture.” This front page article appears today in The Rapid City Journal.

Posted at 8:37 PM by Howard Bashman



“Terrorism case defense wants surveillance records”: The Associated Press has a report that begins, “Attorneys for a Chicago terrorism suspect are urging a federal appeals court to uphold a trial judge’s decision to grant defense lawyers unprecedented access to secret intelligence-court records.”

Posted at 7:54 PM by Howard Bashman



“Many questions remain unanswered after Tuesday’s execution in McAlester; The state Corrections Department released a timeline of events for Tuesday’s execution, but did not include who made the final call to proceed with the lethal injection of Clayton Derrell Lockett, despite having only one usable vein”: The Oklahoman has this report.

Today’s edition of The Tulsa World contains front page articles headlined “Oklahomans’ view on death penalty unchanged despite bungled execution; Oklahoma leads the U.S. in per capita executions since 1976 and trails only Texas in total numbers” and “Turmoil around botched execution prevents closure for victims’ families; Death row inmate killed teen because she wouldn’t back down.”

And columnist John Archibald of The Birmingham (Ala.) News has an essay titled “Outrage over botched executions misses a point.”

Posted at 9:50 AM by Howard Bashman



“Nadon spat between Harper, chief justice McLachlin called ‘disturbing’; Head of Canadian Bar Association hopes PR battle a misunderstanding”: The Canadian Press has this report.

Posted at 9:40 AM by Howard Bashman



“Response to Justice Antonin Scalia gaffe offers a lesson in partisan outrage”: Robert Barnes of The Washington Post has this report.

Posted at 9:33 AM by Howard Bashman



Saturday, May 3, 2014

“Guantanamo Prosecutor Asks Judge to Hold Off Declassification”: Charlie Savage will have this article in Sunday’s edition of The New York Times.

Posted at 2:00 PM by Howard Bashman



“Technology law will soon be reshaped by people who don’t use email; The US supreme court doesn’t understand the internet; Laugh all you want, but when NSA, Pandora and privacy cases hit the docket, the lack of tech savvy on the bench gets scary”: Trevor Timm has this essay online today at The Guardian (UK).

Posted at 1:50 PM by Howard Bashman



“Proponents for change say concern over cameras in federal court is unfounded”: David E. Frank and David Boeri have this front page article in the current issue of Massachusetts Lawyers Weekly.

Posted at 10:55 AM by Howard Bashman