How Appealing

Thursday, June 19, 2014

“Court unseals more than 250 pages of John Doe documents”: The Wisconsin State Journal has a news update that begins, “A federal appeals court has released full copies of more than 250 pages of previously edited documents filed in the legal battle over an investigation into whether a number of conservative groups illegally coordinated with Gov. Scott Walker’s recall campaign.”

And Patrick Marley and Daniel Bice of The Milwaukee Journal Sentinel have a related news update headlined “Prosecutors allege Walker at center of ‘criminal scheme.’

Posted at 1:35 PM by Howard Bashman

Ninth Circuit declares unconstitutional Los Angeles Municipal Code section 85.02, which prohibits use of a vehicle “as living quarters either overnight, day-by-day, or otherwise”: Circuit Judge Harry Pregerson wrote today’s ruling of the U.S. Court of Appeals for the Ninth Circuit on behalf of a unanimous three-judge panel.

The opinion’s concluding paragraphs state:

Section 85.02 provides inadequate notice of the unlawful conduct it proscribes, and opens the door to discriminatory enforcement against the homeless and the poor. Accordingly, Section 85.02 violates the Due Process Clause of the Fourteenth Amendment as an unconstitutionally vague statute.

For many homeless persons, their automobile may be their last major possession — the means by which they can look for work and seek social services. The City of Los Angeles has many options at its disposal to alleviate the plight and suffering of its homeless citizens. Selectively preventing the homeless and the poor from using their vehicles for activities many other citizens also conduct in their cars should not be one of those options.

Update: In early news coverage, The Los Angeles Times reports that “U.S. appeals court overturns L.A. ban on homeless living in vehicles.”

And Reuters reports that “U.S. court strikes down Los Angeles ban on living in cars.”

Posted at 1:20 PM by Howard Bashman

“An Open Letter to Law Professors: Use This Case To Show Why Statutory Interpretation Is Not as Easy as It Sounds.” Derek Stikeleather has this post today at the “Maryland Appellate Blog.”

Posted at 1:05 PM by Howard Bashman

“Supreme Court Rules Against Alice Corp. in Patent Case”: Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined “Supreme Court rules public employees are protected from retaliation for testimony.”

David G. Savage of The Los Angeles Times has a news update headlined “Supreme Court gives public workers 1st Amendment shield.”

Richard Wolf of USA Today reports that “Supreme Court cuts back on software patents” and “Justices say public workers can testify about corruption.”

And at the “School Law” blog of Education Week, Mark Walsh has a post titled “Supreme Court Backs Speech Protection for Sworn Public-Employee Testimony.”

Posted at 12:58 PM by Howard Bashman

“Jack Kirby’s Heirs Get Huge Support in Quest to Bring Marvel Fight to Supreme Court; Will high court justices tackle a case that could impact ‘Avengers’ sequels and much, much more?” Eriq Gardner has this post today at the “Hollywood, Esq.” blog of The Hollywood Reporter.

Posted at 12:15 PM by Howard Bashman

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

1. Justice Elena Kagan delivered the opinion for a unanimous Court in United States v. Clarke, No. 13-301. You can access the oral argument via this link.

2. Justice Sonia Sotomayor delivered the opinion for a unanimous Court in Lane v. Franks, No. 13-483. Justice Clarence Thomas issued a concurring opinion, in which Justices Antonin Scalia and Samuel A. Alito, Jr. joined. You can access the oral argument via this link.

3. And Justice Thomas delivered the opinion for a unanimous Court in Alice Corp. v. CLS Bank Int’l, No. 13-298. Justice Sotomayor issued a concurring opinion, in which Justices Ruth Bader Ginsburg and Stephen G. Breyer joined. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that “Supreme Court tosses out software patent” and “High court says whistleblower testimony protected.”

Reuters reports that “U.S. top court rules against Alice Corp over software patents“; “Supreme Court extends speech protections for public employees“; and “U.S. Supreme Court gives taxpayers more power to fight IRS summons.”

Greg Stohr of Bloomberg News reports that “Software Patent Eligibility Limited by U.S. Supreme Court.”

At “The BLT: The Blog of Legal Times,” Tony Mauro has a post titled “Justices Restrict Software Patents in Unanimous Ruling.” And Zoe Tillman and Marcia Coyle have a post titled “First Amendment Protects Public Employee in Retaliation Case, Justices Say.”

Posted at 10:05 AM by Howard Bashman

“Waiting for the Supreme Court on the Hobby Lobby Decision: With the pivotal decision coming soon, most of our history suggests Hobby Lobby should lose; But tell that to the conservative quintet.” Law professor Geoffrey R. Stone has this essay online at The Daily Beast.

Posted at 8:24 AM by Howard Bashman

“The Supreme Court Must Right the Wrong Done to Billy Wayne Cope”: Andrew Cohen has this essay online today at The Daily Beast.

Posted at 8:22 AM by Howard Bashman

“School chaplaincy program declared invalid by High Court”: The Australian has this news update.

The Sydney Morning Herald has a news update headlined “Ron Willams took on school chaplaincy program and won in High Court.”

The Toowoomba Chronicle has a news update headlined “Toowoomba dad wins chaplaincy challenge.”

The Wall Street Journal has a news update headlined “Australian High Court Blocks School Chaplains Plan; Court Ruled Government Doesn’t Have Constitutional Right to Introduce Christian Chaplains.” You can freely access the full text of the article via Google.

The Guardian (UK) reports that “School chaplains funding struck down by high court; Second challenge by Queensland father Ron Williams finds the commonwealth has no executive power to fund the program.”

And The Associated Press reports that “Court stops Australian funding of school chaplains.”

You can access today’s ruling of the High Court of Australia at this link.

Posted at 8:16 AM by Howard Bashman

“You can find it all on the Web — except the justices’ financial reports”: Al Kamen of The Washington Post has this entry today at his “In the Loop” blog.

Posted at 8:05 AM by Howard Bashman