How Appealing

Thursday, June 5, 2014

“Local court grants injunction for Catholic employers from healthcare mandate on contraceptives; Oklahoma City Archdioceses among plaintiffs in lawsuit challenging part of Affordable Care Act”: The Oklahoman has this news update.

Posted at 10:34 PM by Howard Bashman

“Appeals court admits screw-up — terror case hearing wasn’t recorded”: The Chicago Tribune has a news update that begins, “The clerk of the federal appeals court in Chicago said today his office ‘screwed up’ in not recording the audio of historic arguments Wednesday over whether attorneys for a local terrorism suspect should be allowed to view confidential surveillance documents filed in the case.”

Posted at 10:32 PM by Howard Bashman

Not Your Law School Graduation Speaker: Progressive law students won’t hear from the lions of the Warren Court again this week.” Law professor David Fontana has this jurisprudence essay online today at Slate.

Posted at 3:16 PM by Howard Bashman

“Arizona prisoners given OK for class-action suit against prisons for cruel and unusual treatment”: Howard Fischer of The East Valley Tribune has a news update that begins, “A federal appeals court gave the go-ahead today to a class-action lawsuit by inmates in Arizona prisons who allege they and others are being subject to unconstitutional cruel and unusual treatment.”

Circuit Judge Stephen Reinhardt wrote today’s ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.

Update: In other coverage, The Arizona Republic reports that “Arizona prisoners win class-action status in health suit.”

And at her “Trial Insider” blog, Pamela A. MacLean has a post titled “Prisoners Win Class Cert in Solitary Confinement Challenge.”

Posted at 1:42 PM by Howard Bashman

“Even if credit card information listed on secured receipts could somehow cause anxiety, there is no allegation the shoppers suffered so much as a sleepless night or any other psychological harm.” So observes a dissenting opinion that Chief Judge William Jay Riley issued today from a ruling of the U.S. Court of Appeals for the Eighth Circuit in a case in which the plaintiffs alleged that Sam’s Club had violated the Fair and Accurate Credit Transactions Act.

Posted at 11:58 AM by Howard Bashman

“The Supreme Court is struggling to rein in America’s rogue patent court”: Timothy B. Lee has this post online at Vox.

Posted at 10:24 AM by Howard Bashman

“John Roberts’ Constitutional Avoidance: In Bond v. United States, the chief justice used a ‘saving construction’ to avoid a constitutional showdown; Sound familiar?” Damon Root has this essay at

Posted at 10:22 AM by Howard Bashman

“As Senate Runs Out Of Judges To Confirm, Dozens Of Courts Still Sit Empty With No Nominees”: Jennifer Bendery of The Huffington Post has this report.

Posted at 10:15 AM by Howard Bashman

“Lake Chelan ferry service appeal won’t be heard by Supreme Court”: The Spokesman-Review of Spokane, Washington has this report.

Posted at 8:16 AM by Howard Bashman

“Could Ninth Circuit send abortion back to the Supreme Court?” Jonathan H. Adler has this post today at “The Volokh Conspiracy.”

Posted at 8:09 AM by Howard Bashman

“Four in running for Del. Supreme Court vacancy”: Today’s edition of The News Journal of Wilmington, Delaware contains a front page article that begins, “The state panel that recommends candidates for Gov. Jack Markell to consider to fill a Delaware Supreme Court vacancy has offered four names, including a judge at the center of a controversial sentencing of du Pont heir Robert Richards IV in the rape of his daughter.”

Posted at 8:07 AM by Howard Bashman