How Appealing



Saturday, July 26, 2014

Programming note: Each summer I take at least a week’s vacation from work and from this blog. This summer, my vacation begins now.

New posts will appear here on Monday, August 4, 2014. Readers are invited to follow me on Twitter at @howappealing, where additional appellate-related posts may appear in the interim.

Posted at 7:16 AM by Howard Bashman



“Hillary Clinton touts Supreme Court Justice Sonia Sotomayor’s memoir while visiting the Bronx”: The New York Daily News has this report.

Posted at 7:12 AM by Howard Bashman



Friday, July 25, 2014

“Federal court upholds Fla.’s docs vs. glocks law”: The Associated Press has a report that begins, “A Florida law restricting what doctors can tell patients about gun ownership was deemed to be constitutional Friday by a federal appeals court, which said it legitimately regulates professional conduct and doesn’t violate the doctors’ First Amendment free speech rights.”

And Warren Richey of The Christian Science Monitor reports that “Florida law barring gun inquiries by doctors upheld by federal appeals court.”

You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit at this link.

Posted at 10:54 PM by Howard Bashman



“Pa. home sellers don’t have to disclose murders, satanic rituals”: Philly.com has a report that begins, “Home sellers in Pennsylvania are under no obligation to disclose if a house was the site of a murder, a suicide, or even satanic rituals, according to the Supreme Court of Pennsylvania.”

And The Patriot-News of Harrisburg, Pennsylvania reports that “Home sellers don’t have to tell buyers about murders, other tragedies, Pa. Supreme Court rules in death house case.”

Monday’s ruling of the Supreme Court of Pennsylvania consisted of a majority opinion and a concurring opinion.

Posted at 10:40 PM by Howard Bashman



“Valihura becomes second woman on Del. Supreme Court”: Sean O’Sullivan of The News Journal of Wilmington, Delaware has this update.

Posted at 10:28 PM by Howard Bashman



“Health Law Architect’s Taped Remarks Fuel Subsidy Debate”: Louise Radnofsky and Brent Kendall have this post today at WSJ.com’s “Washington Wire” blog.

Posted at 9:55 PM by Howard Bashman



“Questions remain in shooting death of FSU professor; The shooting death of a well-known Florida State University law professor has stunned the legal community”: The Miami Herald has this news update.

The Daily Mail (UK) has a news update headlined “Harvard-educated professor was ambushed and shot dead in his garage, says new police report on baffling murder.”

And CNN.com reports that “Police release more details in FSU law professor’s slaying.”

Posted at 9:52 PM by Howard Bashman



“Neighbor saw Prius-type car in area of Markel’s home”: Sean Rossman of The Tallahassee Democrat has this news update.

The Tallahassee Police Department has released a redacted version of the initial Incident Report, which you can view by clicking here.

Posted at 2:53 PM by Howard Bashman



“Transcript shows concerns during Arizona execution”: The Associated Press has a report that begins, “U.S. District Judge Neil V. Wake was attending a ceremony for a judicial colleague when he received an urgent — and unusual — request: Lawyers for a condemned inmate wanted him to stop an execution that didn’t seem to be working.”

Posted at 1:11 PM by Howard Bashman



“Will John Roberts ‘Redeem Himself’ on Obamacare? The specter of judicial deference still haunts Halbig v. Burwell.” Damon Root has this essay online at Reason.

Posted at 10:52 AM by Howard Bashman



“Lengthy Arizona Execution Heightens Lethal-Injection Questions; Condemned Man Dies Two Hours After Drugs Were Administered”: Ashby Jones and Jacob Gershman have this article in today’s edition of The Wall Street Journal.

And at the “Taking Note” blog of The New York Times, Jesse Wegman has a post titled “Why the Death Penalty Is Doomed.”

Posted at 10:18 AM by Howard Bashman



“$50,000 raised in just three days for the children of Harvard-educated law professor who was shot in the head on his own doorstep”: The Daily Mail (UK) has this report.

The web page at which donations may be made can be accessed here.

Posted at 10:08 AM by Howard Bashman



“Supreme Court may not protect Obamacare this time”: Columnist Ruth Marcus has this op-ed online at The Washington Post.

Posted at 7:44 AM by Howard Bashman



“The Supreme Court’s Coming Paralysis: Why there’s really no chance President Obama will be able to appoint another Justice to the bench, regardless of what happens in November.” Jeff Greenfield has this essay online at The Daily Beast.

Posted at 7:42 AM by Howard Bashman



Thursday, July 24, 2014

“A Prolonged Execution in Arizona Leads to a Temporary Halt”: Fernanda Santos and John Schwartz will have this article in Friday’s edition of The New York Times.

Posted at 11:38 PM by Howard Bashman



“Conservatives Hone Script to Light a Fire Over Abortion”: Jeremy W. Peters will have this article in Friday’s edition of The New York Times.

Posted at 11:35 PM by Howard Bashman



“As Arizona inmate gasped in execution chamber, legal drama unfolded”: Matt Pearce will have this article in Friday’s edition of The Los Angeles Times.

ABC News reports that “Family of Victims Shows No Sympathy at Killer’s Execution.”

Burgess Everett of Politico.com has a report headlined “John McCain: Arizona execution ‘torture.’

And online at The New Republic, Ben Crair has an essay titled “2014 Is Already the Worst Year in the History of Lethal Injection: Another day, another problematic execution.”

Posted at 10:20 PM by Howard Bashman



“Appeals court reinstates Wisconsin lead paint suit”: Bruce Vielmetti of The Milwaukee Journal Sentinel has a news update that begins, “A boy who suffered lead poisoning can sue a half dozen major manufacturers of paint used on the Milwaukee house where he lived, based on a theory approved in a controversial 2005 Wisconsin Supreme Court decision, a federal appeals court ruled Thursday.”

My earlier coverage of today’s Seventh Circuit ruling appears at this link.

Posted at 7:54 PM by Howard Bashman



“Slaying of Fla. law professor is a seeming mystery”: The Associated Press has a report that begins, “Detectives say Florida State University law school professor Daniel Markel was shot in the head — but won’t say whether he was shot from the front or back.”

Posted at 7:34 PM by Howard Bashman



“The Lawyer Who Helped Spark This Week’s Affordable Care Act Rulings; Thomas Christina, South Carolina Attorney, Spotted Wording That Triggered Suits”: Stephanie Armour will have this article in Friday’s edition of The Wall Street Journal.

You can freely access the full text of the article via Google.

Posted at 7:30 PM by Howard Bashman



“Was it a contract killing? Police reveal Harvard-educated law professor was murdered with point-blank shot to the head inside locked home as they release photo of suspicious Toyota Prius seen nearby.” The Daily Mail (UK) has this report today.

Posted at 3:54 PM by Howard Bashman



“Key Question on Health-Law Subsidies: Were Plaintiffs Harmed? One Plaintiff Challenged Subsidies Even Though He Could Have Paid as Little as $20 a Year for Coverage.” Brent Kendall has this article today in The Wall Street Journal.

Posted at 3:00 PM by Howard Bashman