How Appealing



Monday, June 23, 2014

“Party like it’s 1999 — the denial of a press credential to SCOTUSblog”: Eugene Volokh has this post at “The Volokh Conspiracy.”

Posted at 4:28 PM by Howard Bashman



“Justices, With Limits, Let E.P.A. Curb Power-Plant Gases”: Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined “Supreme Court: EPA can regulate greenhouse gas emissions, with some limits.”

David G. Savage of The Los Angeles Times has a news update headlined “Supreme Court upholds rules curbing greenhouse gases from power plants.”

Brent Kendall of The Wall Street Journal has a news update headlined “Supreme Court Ruling Backs Most EPA Emission Controls; Justices Say EPA Can Require Pollution Controls but Limit Permitting Process.”

Richard Wolf of USA Today reports that “Supreme Court limits greenhouse gas regulations.”

Michael Doyle of McClatchy Washington Bureau has a blog post titled “Supreme Court limits EPA power to regulate greenhouse gas pollution.”

The Washington Times has a news update headlined “Supreme Court hits Obama’s global warming agenda.”

Greg Stohr and Mark Drajem of Bloomberg News reports that “Obama Gets Partial Court Win on EPA’s Climate Permits.”

Lawrence Hurley of Reuters reports that “U.S. Supreme Court cuts back climate change regulation.”

Jeremy P. Jacobs of Greenwire reports that “Supreme Court trims EPA greenhouse gas permitting.”

At “The BLT: The Blog of Legal Times,” Tony Mauro has a post titled “Justices Limit EPA’s Greenhouse-Gas Regulations.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Opinion analysis: EPA mostly wins, but with criticism.”

Posted at 1:40 PM by Howard Bashman



“Amtrak Rulemaking Clash Draws Scrutiny From Supreme Court”: Greg Stohr of Bloomberg News has this report, along with articles headlined “Wisconsin Rebuffed by Court in Defense of Abortion Rules“; “Medtronic Rejected by Supreme Court on Paraplegic Suit“; and “New Jersey Sports Betting Bid Rejected by Supreme Court.”

Lawrence Hurley of Reuters reports that “U.S. top court rejects Wisconsin abortion case” and “U.S. top court declines to revive New Jersey sports betting law.”

The Milwaukee Journal Sentinel has a news update headlined “U.S. Supreme Court rejects Wisconsin appeal over abortion law.”

The Newark Star-Ledger has a news update headlined “U.S. Supreme Court allows sports betting ban in NJ to remain.”

Brent Kendall of The Wall Street Journal has a news update headlined “New Jersey’s Bid for Sports Wagering Rejected by High Court; Supreme Court Says It Won’t Hear Gov. Chris Christie’s Attempt to Allow Betting on Sports.”

Warren Richey of The Christian Science Monitor reports that “Supreme Court declines to hear plea for sports betting in N.J.

And The Record of Hackensack, New Jersey has a news update headlined “U.S. Supreme Court refuses to take up New Jersey challenge of federal sports betting law.”

Posted at 1:18 PM by Howard Bashman



Second Circuit releases Office of Legal Counsel’s “Drone Memo”: The memo begins on page 67 of the PDF file of a ruling that the U.S. Court of Appeals for the Second Circuit issued today. The Second Circuit today also issued a second, related decision in the same case.

Update: In early news coverage, Charlie Savage of The New York Times has a news update headlined “Court Discloses Memo Approving Drone Strike on American; Justice Department Found It Lawful to Target Anwar al-Awlaki.”

The Associated Press reports that “Drone killing memo released after NY court fight.”

Reuters reports that “Court releases memo justifying drone attacks on U.S. citizens.”

Josh Gerstein of Politico.com has a blog post titled “Court makes drone legal memo public.”

At “The BLT: The Blog of Legal Times,” Zoe Tillman has a post titled “Justice Department Drones Memo Released.”

Earlier, at the “Just Security” blog, Jameel Jaffer previewed the memo’s release in a post titled “The Drone Memo Cometh.”

Posted at 11:20 AM by Howard Bashman



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

1. Justice Elena Kagan delivered the opinion of the Court in Loughrin v. United States, No. 13-316. Justice Antonin Scalia delivered an opinion, in which Justice Clarence Thomas joined, concurring in part and concurring in the judgment. And Justice Samuel A. Alito, Jr. issued an opinion concurring in part and concurring in the judgment. You can access the oral argument via this link.

2. Justice Scalia delivered the opinion of the Court in part and announced the judgment of the Court in Utility Air Regulatory Group v. EPA, No. 12-1146. Justice Stephen G. Breyer issued an opinion concurring in part and dissenting in part, in which Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Kagan joined. And Justice Alito issued an opinion concurring in part and dissenting in part, in which Justice Thomas joined. You can access the oral argument via this link.

3. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317. Justice Ginsburg issued a concurring opinion, in which Justices Breyer and Sotomayor joined. And Justice Thomas issued an opinion concurring in the judgment, in which Justices Scalia and Alito joined. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that “Justices limit existing EPA global warming rules“; “Court raises bar for securities class action cases“; and “Justices uphold broad use of anti-bank fraud law.”

Posted at 10:06 AM by Howard Bashman



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

In early news coverage, The Associated Press reports that “Supreme Court to hear Amtrak dispute“; “Justices reject Wisconsin appeal over abortion law“; and “Justices rebuff NJ’s effort on sports betting.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Reviving an old constitutional idea?

Posted at 9:34 AM by Howard Bashman



“We Just Don’t Need Section 5 Anymore: The Voting Rights Act has plenty of other sections that we can use against discrimination.” Roger Clegg has this essay today at National Review Online.

Posted at 8:22 AM by Howard Bashman



“The Hobby Lobby Decision Is Coming Soon — and It Won’t Just Affect Contraception”: Taylor Malmsheimer has this essay online at The New Republic.

Posted at 8:20 AM by Howard Bashman



“U.S. Steps Up Probes of Deals to Block Generic Drugs”: David McLaughlin of Bloomberg News has a report that begins, “U.S. regulators, armed with a year-old Supreme Court decision, are stepping up probes of pharmaceutical deals that delay the sale of generic drugs, arrangements they view as illegally hurting competition.”

Posted at 8:19 AM by Howard Bashman



Sunday, June 22, 2014

“Justice Anthony M. Kennedy may be the middleman in the gun-rights debate”: Robert Barnes will have this article in Monday’s edition of The Washington Post.

Posted at 10:06 PM by Howard Bashman



“‘This Week’: Justice Sonia Sotomayor; ABC News’ George Stephanopoulos goes one-on-one with Supreme Court Associate Justice Sonia Sotomayor.” You can access the video at this link.

And the complete transcript of today’s broadcast can be accessed here.

Posted at 1:02 PM by Howard Bashman



“The Supreme Court ruled in favor of an Alabama whistleblower: What does that mean for others who expose corruption?” Kent Faulk has this article in today’s edition of The Birmingham News.

Posted at 9:46 AM by Howard Bashman



“Chief Justice Roberts, lone justice with school-age children, readying for college tuitions”: Mark Sherman of The Associated Press has this report.

Posted at 9:44 AM by Howard Bashman



Saturday, June 21, 2014

“Sentences challenged for Maryland prisoners deemed to have violent pasts; Supreme Court ruling triggers wide-ranging review in dozens of cases”: The Baltimore Sun has this news update.

Posted at 11:08 PM by Howard Bashman



“God Save the United States From This Anti-Democratic Court: Operating on elitism and mystique, America’s highest court is increasingly a threat to our ideal of self-government — leading to an important debate about how to fix it.” Law professor Jedediah Purdy has this essay online at The Daily Beast.

Posted at 11:06 PM by Howard Bashman



“A Conversation between U.S. Supreme Court Justice Sonia Sotomayor and Professor Theodore M. Shaw”: The American Constitution Society has posted the video of this event, from Thursday, online at YouTube at this link.

Posted at 4:37 PM by Howard Bashman



Friday, June 20, 2014

“The Supreme Court doesn’t understand software, and that’s a problem”: Timothy B. Lee has this post today at Vox.

Posted at 3:18 PM by Howard Bashman



“Potential Storm Over Removal Power of Tax Court Judges”: Law professor Leslie Book had this post at the “Procedurally Taxing” blog in October 2013 previewing the oral argument at the U.S. Court of Appeals for the D.C. Circuit of a case captioned Kuretski v Commissioner.

Today, a unanimous three-judge D.C. Circuit panel issued its ruling in the case. The court held that a federal statute allowing the President to remove Tax Court judges on grounds of “inefficiency, neglect of duty, or malfeasance in office” does not unconstitutionally infringe on the constitutional separation of powers because the Tax Court “exercises Executive authority as part of the Executive Branch.”

Posted at 1:35 PM by Howard Bashman