How Appealing



Monday, November 10, 2014

“Delay sought on health care at appeals court”: Lyle Denniston has this post at “SCOTUSblog.”

And in related symposium posts at that same blog, Brianne Gorod has a post titled “It’s way too soon for ACA opponents to celebrate.”

Robert Weiner has a post titled “King v. Burwell — getting it right (as in correct).”

Michael Cannon has a post titled “Seven myths about King v. Burwell.”

And Patrick Wyrick has a post titled “King v. Burwell — a simple case.”

Posted at 11:20 PM by Howard Bashman



“In 2015, Let’s Try Only Five Justices on the Pa. Supreme Court”: This new installment of my monthly “Upon Further Review” column will appear in Tuesday’s edition of The Legal Intelligencer. You can freely access the full text of the column via Google.

Coincidentally, earlier tonight I was among the guests taping an episode of American Law Journal that will focus on the recent controversies affecting Pennsylvania’s highest court. Law professor Garrett Epps was one of the other guests on the program. When video of the episode becomes available online in approximately two weeks from now, I will link to it.

Posted at 11:09 PM by Howard Bashman



“After Court Loss, Opponents of Same-Sex Marriage Challenge Selection of Judges”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 3:58 PM by Howard Bashman



“Inmate Abu-Jamal challenges victim-anguish law”: The Associated Press has a report that begins, “An outspoken Pennsylvania inmate sued Monday to overturn a recently enacted law the state’s governor says curbs criminals from cultivating ‘obscene celebrity’ at the expense of their victims.”

Posted at 2:50 PM by Howard Bashman



“Double Jeopardy: In Alabama, a judge can override a jury that spares a murderer from the death penalty.” Paige Williams has this article in the November 17, 2014 issue of The New Yorker.

Posted at 2:38 PM by Howard Bashman



“Exclusive: Supreme Court Justice Alito on Success and Surprisingly Humble Beginnings.” America Within recently posted online this interview.

Posted at 2:18 PM by Howard Bashman



Programming note: Due to a client visit, additional posts will appear here this afternoon.

At 9:30 a.m. eastern time today, the U.S. Supreme Court is expected to issue an Orders List, which should be available shortly after issuance via this link. “SCOTUSblog” will provide timely coverage of any noteworthy developments.

Posted at 8:52 AM by Howard Bashman



“Computer Scientists Ask Supreme Court to Rule APIs Can’t Be Copyrighted; EFF Files Amicus Brief on Behalf of Tech Pioneers in Oracle v. Google Court Battle”: Electronic Frontier Foundation issued this news release last Friday. You can view the organization’s amicus brief at this link.

Posted at 7:16 AM by Howard Bashman



“How The Supreme Court Could ‘Blow A Big Hole’ In Obama’s Legacy (Or Not)”: Ariane de Vogue of ABC News has this report today.

Posted at 7:08 AM by Howard Bashman



Sunday, November 9, 2014

“Traditional marriage groups use 1972 ruling to defend states’ rights; 1972 ruling said it wasn’t a federal issue”: Cheryl Wetzstein of The Washington Times has this report.

Posted at 11:54 PM by Howard Bashman



“U.S. Supreme Court justices talk Jewish at G.A. opening”: The Jewish Telegraphic Agency has this report. The “G.A.” in the headline is an abbreviation for the 2014 General Assembly conference of the Jewish Federations of North America.

Posted at 9:36 PM by Howard Bashman



“The conversation that I wish Judge Sutton would have had with one skeptical law clerk from a land grant law school”: Senior U.S. District Judge Richard G. Kopf had this post yesterday at his “Hercules and the Umpire” blog.

Posted at 8:09 PM by Howard Bashman



“Pa. voters will have chance to remake state Supreme Court next year, with 3 seats on ballot”: The Associated Press has this report.

Posted at 1:23 PM by Howard Bashman



“Supreme Court ponders life sentences for juveniles”: The News Service of Florida has an article that begins, “The Florida Supreme Court on Thursday heard arguments in a debate about sentencing for juveniles convicted of first-degree murder.”

Posted at 9:15 AM by Howard Bashman



“Grassley set to be first non-lawyer to chair Senate Judiciary Committee”: Today’s edition of The Globe Gazette of Mason City, Iowa contains a front page article that begins, “A farmer from Iowa likely will become the first non-lawyer to chair the U.S. Senate Judiciary Committee.”

And The Des Moines Register has an article headlined “Chuck Grassley picks from trio of chairmanships: It’s Judiciary; He tells The Des Moines Register in a statement: ‘The Judiciary Committee should not be a rubber stamp for the president.’

Posted at 9:08 AM by Howard Bashman



“Lewiston lawyer takes his case to the country’s highest court”: Today’s edition of The Lewiston-Auburn (Me.) Sun Journal contains an article that begins, “After four decades of practicing law, George Isaacson will go to Washington next month to argue a case before the highest court in the country.”

Posted at 9:00 AM by Howard Bashman



Saturday, November 8, 2014

“Obama unlikely to alter Supreme Court ideology with Republican Senate”: David G. Savage and Timothy M. Phelps of The Los Angeles Times have an article that begins, “The window for President Obama to add another liberal justice to the Supreme Court probably closed last week when Republicans took control of the Senate.”

Posted at 11:06 PM by Howard Bashman



“U.S. judge affirms conservative voice with same-sex marriage vote”: Jonathan Stempel of Reuters has this report.

At Forbes.com, Daniel Fisher has a post titled “Sutton’s Last Stand: Judge In Same-Sex Marriage Case Declines To Overrule Democracy.”

And Bob Egelko of The San Francisco Chronicle has an article headlined “No guarantee Supreme Court intervenes in gay marriage cases” and a blog post titled “Marriage ruling’s author a states’-rights advocate.”

Posted at 1:28 PM by Howard Bashman



“Pregnant, and No Civil Rights”: Lynn M. Paltrow and Jeanne Flavin have this op-ed in today’s edition of The New York Times.

Posted at 1:18 PM by Howard Bashman



On the agenda: On Monday evening, I’ll be on TV, recording for broadcast an episode of American Law Journal about the recent issues (including an early retirement) plaguing the Supreme Court of Pennsylvania and, more generally, about the need for and ability of judges serving on appellate courts, including courts of last resort, to peacefully coexist. When the episode becomes available on YouTube, I will link to it.

And from Thursday through Sunday, I (and thus the entire “How Appealing” blogging operation) will be attending the Appellate Judges Education Institute summit in Dallas. As the program reflects, the event promises to be chock-full of notable appellate practitioners and judges.

Posted at 10:07 AM by Howard Bashman



“Judge officially ends W.Va.’s same-sex marriage ban”: The Gazette-Mail of Charleston, West Virginia has an article that begins, “A federal judge on Friday declared West Virginia’s ban on same-sex marriage unconstitutional, weeks after state officials began issuing licenses to gay and lesbian couples.”

You can access yesterday’s ruling of the U.S. District Court for the Southern District of West Virginia at this link.

The decision, written by Chief Judge Robert C. Chambers, is noteworthy among other reasons because it contains perhaps the first discussion by another court of the Sixth Circuit’s same-sex marriage ruling issued the day before.

Chief Judge Chambers concludes footnote five of his opinion as follows:

Th[e Sixth Circuit’s] approach, however, fails to recognize the role of courts in the democratic process. It is the duty of the judiciary to examine government action through the lens of the Constitution’s protection of individual freedom. Courts cannot avoid or deny this duty just because it arises during the contentious public debate that often accompanies the evolution of policy making throughout the states. Judges may not simultaneously find a right violated yet defer to an uncertain future remedy voluntarily undertaken by the violators.

You can access footnote five of the opinion directly via this link (scroll down to bottom of page).

Posted at 9:35 AM by Howard Bashman



Friday, November 7, 2014

“U.S. Supreme Court issues stay on ban of Prop. 100”: Michael Kiefer of The Arizona Republic has a news update that begins, “A U.S. Supreme Court justice on Friday issued a stay of a federal appeals court ruling that knocked down an Arizona law that denies bond to undocumented immigrants accused of serious crimes.”

And Howard Fischer of The Arizona Daily Star has a news update headlined “Reversal of Arizona’s immgrant no-bail law blocked.”

You can access the stay order that Justice Anthony M. Kennedy issued today at this link.

Posted at 10:08 PM by Howard Bashman



“Baylor, and N.C.A.A., Have Starr on Their Side; Amateurism Has an Influential Friend in Baylor’s Kenneth Starr”: Marc Tracy will have this article in Saturday’s edition of The New York Times.

Posted at 9:54 PM by Howard Bashman



“Should Courts Postpone Politically Salient Decisions?” Richard M. Re has this post today at “Re’s Judicata.”

Posted at 9:50 PM by Howard Bashman