How Appealing

Thursday, September 4, 2014

“Jurors sent resounding message but McDonnells have substantial grounds for appeal”: The Richmond (Va.) Times-Dispatch has this report.

Posted at 10:45 PM by Howard Bashman

“Appeals Court Will Reconsider Ruling on Cellphone Tracking”: Joe Palazzolo has this post today at’s “Law Blog.”

And at “The Volokh Conspiracy,” Orin Kerr has a post titled “Eleventh Circuit grants rehearing en banc in cell-site case.”

You can view today’s order of the U.S. Court of Appeals for the Eleventh Circuit at this link. And the federal government’s petition for rehearing en banc, which the Eleventh Circuit granted today, can be accessed here.

Posted at 10:40 PM by Howard Bashman

Here’s something you don’t often see — Opinions concurring in and dissenting from a grant of rehearing en banc: Today the U.S. Court of Appeals for the Ninth Circuit issued an order granting rehearing en banc in Henry v. Ryan.

So why does the PDF file containing the order granting rehearing en banc run 33 pages? Because accompanying that one-page order are an 18-page concurrence and a 14-page dissent.

Circuit Judge Richard C. Tallman‘s dissent begins, “If one is remembered for the rules one breaks, then our court must be unforgettable.” You can access the dissent directly by clicking here.

Posted at 10:14 PM by Howard Bashman

“Pam Bondi doesn’t appeal Broward judge’s ruling that Florida gay marriage ban is unconstitutional”: The Miami Herald has this report.

Posted at 10:00 PM by Howard Bashman

“The Most Interesting Supreme Court Case Coming Up May Be About Beards; The Court recently ruled in favor of religious liberty, but this case may prove more difficult”: Kaveh Waddell of National Journal has this report.

Posted at 9:38 PM by Howard Bashman

“Catholic confession case: Baton Rouge diocese asks U.S. Supreme Court for review.” The Times-Picayune of New Orleans has this report.

You can view the petition for writ of certiorari at this link.

Posted at 9:02 PM by Howard Bashman

“‘Obamacare’ Challengers Lose Again”: Jesse Wegman has this post today at the “Taking Note” blog of The New York Times.

Posted at 3:32 PM by Howard Bashman

Seventh Circuit affirms decisions striking down Indiana and Wisconsin’s bans on same-sex marriage: Circuit Judge Richard A. Posner wrote today’s opinion on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.

In early news coverage, The Associated Press reports that “Court rules against gay marriage bans in 2 states.”

Tim Evans of The Indianapolis Star has a news update headlined “U.S. appeals court: Indiana’s same-sex marriage ban unconstitutional.”

And Jason Stein of The Milwaukee Journal Sentinel has a news update headlined “Court rules against Wisconsin’s, Indiana’s gay marriage bans.”

Posted at 3:20 PM by Howard Bashman

In the September 2014 issue of California Lawyer magazine: Law professor Douglas W. Kmiec has an article headlined “Recess Is Never Long Enough: Campaign spending; Religious freedom; And a whole lot more.”

Law professors Gerald F. Uelmen and Kyle Graham have an article headlined “Sede Vacante at the California Supreme Court: Two departures promise change at the state’s highest court.”

And William Domnarski has an article headlined “The Urge to Exclaim: The exclamation point is the punctuation equivalent of barking at judges.”

Posted at 3:16 PM by Howard Bashman

“State releases investigation on controversial execution; The murderer’s botched April 29 execution has attracted both national and international attention and renewed the decades-old debate over the death penalty”: The Oklahoman has this news update.

The Tulsa World has a news update headlined “IV errors, lack of training cited in Oklahoma botched execution report.”

And Erik Eckholm of The New York Times has a news update headlined “IV Line Misplaced in Bungled Oklahoma Execution, Report Says.”

You can access the report released today at this link.

Posted at 1:35 PM by Howard Bashman

“Can politicians lie? Court will decide; For better or worse, political campaigns in Ohio could be vastly different come November if a federal judge decides that the state’s 19-year-old ban on political lies is unconstitutional.” Amber Hunt has this article in today’s edition of The Cincinnati Enquirer.

Posted at 11:40 AM by Howard Bashman

“Judge in Louisiana gay marriage case breaks — and rejects — streak for same-sex wedding supporters”: Andy Grimm of The Times-Picayune of New Orleans has this report.

In today’s edition of The New York Times, Campbell Robertson has an article headlined “Federal Judge, Bucking Trend, Affirms Ban on Same-Sex Marriages in Louisiana.”

And from National Public Radio, today’s broadcast of “Morning Edition” contained an audio segment titled “Federal Judge Upholds Louisiana’s Ban On Gay Marriage.” And yesterday evening’s broadcast of “All Things Considered” contained an audio segment titled “Federal Court Deals A Victory For Opponents Of Same-Sex Marriage.”

Posted at 10:15 AM by Howard Bashman

D.C. Circuit grants rehearing en banc in Halbig v. Burwell: You can access today’s order of the U.S. Court of Appeals for the D.C. Circuit at this link.

In early coverage, Brent Kendall of The Wall Street Journal has a news update headlined “Appeals Court to Revisit Ruling Limiting Health Law Subsidies; Original Ruling Invalidated Key Plank of Health Care Law in Many States.”

Richard Wolf of USA Today reports that “Obamacare gets second chance at federal appeals court.”

Tom Howell Jr. of The Washington Times has a news update headlined “Full D.C. Court of Appeals to hear critical Obamacare case.”

Mark Sherman of The Associated Press reports that “Court grants Obama plea to re-hear health case.”

Lawrence Hurley of Reuters reports that “U.S. appeals court to reconsider Obamacare subsidies case.”

Andrew Zajac and Greg Stohr of Bloomberg News report that “Obamacare Tax Rule Gets Rehearing by Full Appeals Court.” reports that “Full appeals court to rehear Obamacare case.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Full D.C. Circuit will rule on health care subsidies.”

Posted at 9:58 AM by Howard Bashman

“The Slippery Slope of Religious Accommodation and How RFRA Is Teaching Legislators to Deny Accommodations in the First Place”: Law professor Marci A. Hamilton has this essay online today at Justia’s Verdict.

Posted at 8:33 AM by Howard Bashman

“Lawyer embroiled in ‘Merry Christmas’ flap and ex-Gov. Cuomo employee and donor on short list for top NYS court judgeship”: The New York Daily News has this blog post.

Posted at 8:32 AM by Howard Bashman

“Punish lawmakers over school funding? State high court hears McCleary arguments.” This front page article appears in today’s edition of The Olympian of Olympia, Washington.

And today’s edition of The Seattle Times contains a front page article headlined “Court hears arguments in McCleary school-funding case; Washington state’s Supreme Court questioned Wednesday why it shouldn’t hold state lawmakers in contempt for not fully funding K-12 education.”

Posted at 8:30 AM by Howard Bashman