How Appealing

Tuesday, August 26, 2014

“Supreme Court social media rap-lyrics case brings Eminem into the fold; When does online speech become a ‘true threat’ unprotected by the US Constitution?” David Kravets of Ars Technica had this report yesterday.

You can view the merits brief for appellant filed last week in the U.S. Supreme Court in Elonis v. United States at this link.

Posted at 9:08 PM by Howard Bashman

“Nice Try, Obama — The president’s latest accommodation to the contraception mandate has one problem: Religious employers won’t go for it.” Emily Bazelon has this jurisprudence essay online today at Slate.

Posted at 8:44 PM by Howard Bashman

“Gripes About Federal Bench: Banal to Bizarre; Peek into 11th Circuit misconduct file shows many complaints, no discipline.” Alyson M. Palmer will have this article in Wednesday’s edition of The Fulton County Daily Report.

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

Posted at 7:48 PM by Howard Bashman

“Thousands of Electronic Case Files Lost in Transition”: Today at’s “Law Blog,” Joe Palazzolo has a post that begins, “The federal judiciary has ditched years of electronic court documents, as part of a migration to a new system, a courts spokeswoman said.”

The official announcement of the news — which will affect electronic access to certain case files of four federal appellate courts — can be accessed here.

Update: In other coverage, Joe Mullin of Ars Technica reports that “US courts trash a decade’s worth of online documents, shrug it off; For pre-2010 documents in three appeals courts, you’ll have to go in person.”

Posted at 5:16 PM by Howard Bashman

“U.S. Supreme Court expert joins legal team fighting Oklahoma’s same-sex marriage ban; Stanford University’s Jeffrey L. Fisher will be lead counsel for the Tulsa County couple at the center of Oklahoma’s same-sex marriage case”: Chris Casteel of The Oklahoman has this report.

Posted at 5:10 PM by Howard Bashman

Access online the audio from today’s Seventh Circuit oral argument in the Indiana same-sex marriage case: Via this link (17.7 MB mp3 audio file). Update: The oral argument in the Wisconsin same-sex marriage case can now be accessed via this link (22.8 MB mp3 audio file).

In early coverage, Jill Disis and Tim Evans of The Indianapolis Star have a news update headlined “Judges quiz state about gay marriage ban’s impact on kids.”

Patrick Marley of The Milwaukee Journal Sentinel has a news update headlined “Court calls Wisconsin, Indiana gay marriage bans into question.”

And Michael Tarm of The Associated Press reports that “Judges blast Indiana, Wisconsin gay marriage bans.”

Update: In other coverage, Reuters reports that “U.S. appeals court challenges states on gay marriage bans.”

Bloomberg News has this updated report.

And Chris Geidner of BuzzFeed reports that “Indiana, Wisconsin Lawyers Get Tough Questions Over States’ Marriage Bans; The three 7th Circuit Court of Appeals judges appeared ready to strike down Indiana’s law and Wisconsin’s constitutional amendment banning same-sex couples from marrying.”

Posted at 1:15 PM by Howard Bashman

“We decline to rule that Strickland requires an appellate attorney to read advance sheets and consider newly-decided cases in the weeks or months after a direct appeal is fully briefed, argued, and submitted for decision.” So rules the U.S. Court of Appeals for the Eighth Circuit in a decision issued today rejecting a claim of ineffective assistance of appellate counsel in a criminal case.

Posted at 11:09 AM by Howard Bashman

Received in yesterday’s mail: An advance review copy of the forthcoming book “Judging Statutes,” by Robert A. Katzmann. The book’s author currently serves as Chief Judge of the U.S. Court of Appeals for the Second Circuit.

The book’s announced on-sale date is September 11, 2014. According to the publisher’s web page, the book “[o]ffers a powerful challenge to Antonin Scalia’s textualist approach” and presents “[a] spirited and compelling defense of why judges must look at the legislative record behind a law — and not merely the statute itself.”

Posted at 10:30 AM by Howard Bashman

“The Witness: For more than a decade, it was Michelle Lyons’s job to observe the final moments of death row inmates — but watching 278 executions did not come without a cost.” Pamela Colloff will have this article in the September 2014 issue of Texas Monthly.

Posted at 8:40 AM by Howard Bashman

“Journalists, ACLU file federal lawsuit over botched Oklahoma execution; A group of international and local journalists are suing the Oklahoma Corrections Department, alleging the closing of the blinds during the botched execution of Clayton Lockett violated the public’s First Amendment rights”: Graham Lee Brewer has this article in today’s edition of The Oklahoman.

The Guardian (UK) reports that “ACLU challenges Oklahoma over first amendment violation in execution; The Guardian and the Oklahoma Observer join ACLU in arguing the state acted unconstitutionally by drawing a screen during Clayton Lockett execution.”

The Oklahoma Observer reports that “Lawsuit Seeks Uncensored Access To Executions.”

And The Associated Press reports that “News media sue over Oklahoma execution procedures.”

Yesterday, the ACLU issued this news release and posted online the complaint initiating suit.

Posted at 8:25 AM by Howard Bashman