How Appealing



Monday, December 29, 2014

In the January 2015 issue of ABA Journal magazine: Mark Walsh has an article headlined “Does the First Amendment allow church to violate town’s sign code? SCOTUS to decide.”

Lorelei Laird has an article headlined “American Indians challenging eagle feather rules get a boost from ‘Hobby Lobby.’

William C. Smith has an article headlined “International law bar takes aim at overbroad bans on Shariah law.”

And the new installment of Bryan A. Garner’s “On Words” consists of a Magna Carta style guide.

Posted at 5:30 PM by Howard Bashman



“[W]e conclude that SORNA’s registration requirements violate juvenile offenders’ due process rights by utilizing the irrebuttable presumption that all juvenile offenders ‘pose a high risk of committing additional sexual offenses'”: Today’s 5-to-1 ruling of the Supreme Court of Pennsylvania consists of a majority opinion and a dissenting opinion.

Update: In early news coverage, Matt Miller of The Patriot-News of Harrisburg, Pennsylvania reports that “Lifetime registration mandate for juvenile sex offenders is unconstitutional, Pa. Supreme Court says.

And The Associated Press reports that “Pa. court upholds York County ruling sparing juveniles from Megan’s Law registration.”

Posted at 5:02 PM by Howard Bashman



“Emailed porn shakes up state courts as marriage equality sweeps Pennsylvania”: Peter Hall has this article in today’s edition of The Morning Call of Allentown, Pennsylvania.

Posted at 8:15 AM by Howard Bashman



“Southern Honeymoon: Will Same-Sex Marriage Conquer the Deep South?” Amy Davidson has this Comment in the Talk of the Town section of the January 5, 2015 issue of The New Yorker.

Posted at 8:10 AM by Howard Bashman



Sunday, December 28, 2014

“Federal Antidrug Law Goes Up in Smoke: Irate about harmful spillover from Colorado’s marijuana legalization, two neighboring states sue to overturn it.” David B. Rivkin Jr. and Elizabeth Price Foley will have this op-ed in Monday’s edition of The Wall Street Journal.

You can freely access the full text of the op-ed via Google.

Posted at 10:37 PM by Howard Bashman



“Ex-trooper’s case could come back to Amarillo”: The Amarillo Globe-News has this report on a revised ruling that a two-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued earlier this month.

The third judge who was originally a part of the three-judge panel in this case — Senior Circuit Judge Carolyn Dineen King — appears either to have been dismissed from the panel by the other two judges or to have quit the panel in protest. When the panel issued its original decision in the case back on August 28, 2013, Judge King issued a dissent. When the panel issued a revised opinion earlier this month, a footnote to the decision stated that the opinion was being issued by a two-judge quorum.

Lest anyone fear that Judge King became ill, unavailable, or otherwise indisposed, on the same day that the panel issued its revised decision, the Fifth Circuit issued an unpublished order denying rehearing en banc. Although Judge King, as a senior circuit judge, does not get to vote for rehearing en banc, Judge King is noted as joining the dissent from the denial of rehearing en banc, and she also issued her own separate opinion joining that dissent.

If any of this blog’s readers have seen anything similar to this happen before on a federal appellate court — where a judge who disagrees with the outcome of a case is either dismissed from a three-judge panel or quits the panel in protest — I would be interested in hearing the details via email.

Posted at 10:24 PM by Howard Bashman



“Gay marriage dynamic in U.S. shifted dramatically in 2014”: The Los Angeles Times has an article that begins, “For the first time, a majority of Americans are living in a state that allows gay marriage. After a year of cascading court opinions tossing out many remaining restrictions, the dynamic in 2014 changed from how many states allow same-sex marriage to how many states don’t.”

Posted at 11:50 AM by Howard Bashman



Saturday, December 27, 2014

“Pennsylvania ’15 judicial races could be complicated if retirement age extended to 75”: The Associated Press has this report.

Posted at 3:42 PM by Howard Bashman



Friday, December 26, 2014

“How Sonia Sotomayor became the Supreme Court’s preeminent defender of civil liberties: The trailblazing justice has carved out an important niche on the high court in just a few short years.” Scott Lemieux has this report online today at The Week.

Posted at 11:54 PM by Howard Bashman



“Audit uncovers accounting issues with Alabama Supreme Court”: Earlier this week, WSFA 12 News had an article that begins, “A state audit finds accounting issues at the Alabama Supreme Court and also uncovered that justices were being underpaid.”

You can access the audit report via this link.

Posted at 12:58 PM by Howard Bashman



“NC attorney general to seek US Supreme Court review of ultrasound ruling”: This article appears in today’s edition of The News & Observer of Raleigh, North Carolina.

Posted at 9:10 AM by Howard Bashman



“Why Liberals Should Fear the Supreme Court in 2015: Obamacare, religious freedom, and same-sex marriage equality are all on the judicial agenda.” Sam Baker of National Journal has this report today.

Posted at 9:07 AM by Howard Bashman



Thursday, December 25, 2014

“The Best Lawyers Money Can Buy”: Friday’s edition of The New York Times will contain an editorial that begins, “The United States Supreme Court decides cases involving the nation’s most pressing legal issues, affecting the daily lives of hundreds of millions of Americans — and yet so much about its functioning is shrouded in mystique and exclusivity.”

Posted at 11:42 PM by Howard Bashman



“A New York Court Celebrates Its Status as the Nation’s Oldest, but Others Aren’t So Sure”: Benjamin Weiser will have this article in Friday’s edition of The New York Times.

Posted at 10:52 PM by Howard Bashman