How Appealing



Tuesday, December 16, 2014

“Constitution Check: How much secrecy does the First Amendment give to political donors?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 4:03 PM by Howard Bashman



“Industry’s mercury challenge could undermine attack on EPA climate rule”: Jeremy P. Jacobs of Greenwire has a report that begins, “If coal companies get their way when the Supreme Court reviews U.S. EPA’s air standards for mercury and other hazardous emissions, they could undermine their primary legal challenge to another landmark pollution rule: President Obama’s greenhouse gas limits for power plants.”

Posted at 4:02 PM by Howard Bashman



“Ruling overturned on sex-change surgery for Mass. inmate”: John R. Ellement and Martin Finucane of The Boston Globe have a news update that begins, “A federal appeals court has overturned a ruling that a transgender Massachusetts prison inmate is entitled to taxpayer-funded sex change surgery.”

The Boston Herald has a news update headlined “Convicted killer Michelle Kosilek’s demand for sex-change operation rejected.”

And The Associated Press reports that “Appeals court overturns sex-change for inmate.”

You can access today’s 117-page, 3-to-2 en banc ruling of the U.S. Court of Appeals for the First Circuit, consisting of a majority opinion and two dissenting opinions, at this link.

Posted at 2:11 PM by Howard Bashman



“District court declares Obama immigration action unconstitutional”: Jonathan H. Adler has this post at “The Volokh Conspiracy” discussing a ruling that one of the most politically conservative judges serving on the U.S. District Court for the Western District of Pennsylvania issued today.

Update: In early news coverage, Josh Gerstein of Politico.com has a blog post titled “Obama’s immigration actions ruled unconstitutional.”

Brian Bowling of The Pittsburgh Tribune-Review has a news update headlined “Judge uses deportation case to say Obama’s executive order is unconstitutional.”

The Associated Press reports that “US judge says Obama immigration action invalid.”

And at WSJ.com’s “Washington Wire” blog, Jacob Gershman has a post titled “A Judge Calls Obama’s Executive Action on Immigration Unconstitutional.”

Posted at 2:00 PM by Howard Bashman



“A Conversation with Justice Elena Kagan: A conversation between Princeton President Christopher Eisgruber and Supreme Court Justice Elena Kagan” recorded November 20, 2014. You can view the video via this link.

Posted at 8:30 AM by Howard Bashman



“If uncorrected by this Court en banc or the Supreme Court, this decision, and others like it, sends a clear message to litigants: if you don’t like the factual findings of a district court, the doors of our Court are wide open to endless retrials on appeal.” So writes Circuit Judge Edward C. Prado in a dissent issued yesterday from the U.S. Court of Appeals for the Fifth Circuit‘s denial of rehearing en banc. The revised three-judge panel’s opinion in this environmental case can be accessed here.

In earlier coverage of the three-judge panel’s original ruling in the appeal, The Corpus Christi Caller-Times reported that “Court reverses ruling on whooping cranes’ deaths.”

Posted at 8:20 AM by Howard Bashman



Monday, December 15, 2014

“L.A. Porn Film Condom Mandate Survives Industry Challenge”: Bloomberg News has this report.

Reuters reports that “Los Angeles porn actors must wear condoms, appeals court rules.”

The Associated Press reports that “Appeals court upholds condom use in LA porn films.”

At the “Hollywood, Esq.” blog of The Hollywood Reporter, Eriq Gardner has a post titled “Adult Film Industry Loses Appeal Over Los Angeles’ Condom Law; The 9th Circuit decides that making porn actors wear condoms doesn’t run afoul of the First Amendment.”

Courthouse News Service reports that “Ninth Circuit Upholds Condom Law For L.A.’s Porn Film Industry.”

LA Weekly has a blog post titled “Condoms Do Not Muzzle Free Speech, U.S. Court Rules.”

Mark Kernes reports that “Ninth Circuit Panel Upholds Measure B — At Least Until Trial; Three-judge panel claims it has jurisdiction to review the case despite AHF’s lack of standing.”

And Rhett Pardon of XBIZ Newswire has reports headlined “Vivid Loses Appeal Over Measure B” and “FSC: Measure B Plaintiffs Looking at Legal Options.”

You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 9:38 PM by Howard Bashman



View online the video of today’s en banc Ninth Circuit oral argument in Garcia v. Google, Inc. On YouTube (a co-defendant in the case) via this link. The video starts early enough that you can see Circuit Judge N. Randy Smith saying his characteristic hellos in the courtroom in advance of the oral argument.* And you can access the documents filed in the case via this link.

In early news coverage, The Associated Press reports that “Lawyer: Free speech at stake in anti-Muslim film.”



*Update: After this post originally appeared, the video was edited to remove the footage that appeared before the oral argument began.

Posted at 9:06 PM by Howard Bashman



“High court’s ideological opposites show mutual affection”: Richard Wolf of USA Today has a report from Oxford, Mississippi that begins, “The Supreme Court’s most senior and junior justices are ideological opposites, but they agreed on nearly everything here Monday — including the benefits of having an elite cadre of lawyers who dominate the court’s docket.”

Posted at 8:42 PM by Howard Bashman



“Pa. Supreme Court affirms $151M wages ruling against Wal-Mart”: The Philadelphia Inquirer has a news update that begins, “Walmart and Sam’s Club workers in Pennsylvania who worked off-the-clock and worked when they were supposed to be on break, or were forced to skip their breaks will receive $151 million in unpaid wages and damages, Pennsylvania’s Supreme Court ruled Monday, upholding lower- and appellate-court decisions.”

Today’s ruling of the Supreme Court of Pennsylvania consists of a per curiam majority opinion and a dissenting opinion.

Posted at 8:32 PM by Howard Bashman



Access online today’s rulings of the U.S. Supreme Court in argued cases: The Court today issued two rulings in argued cases.

1. Justice Ruth Bader Ginsburg delivered the opinion of the Court in Dart Cherokee Basin Operating Co. v. Owens, No. 13-719. Justice Antonin Scalia issued a dissenting opinion, in which Justices Anthony M. Kennedy and Elena Kagan joined in full and Justice Clarence Thomas joined in large part. And Justice Thomas also issued a dissenting opinion. You can access the oral argument via this link.

2. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Heien v. North Carolina, No. 13-604. Justice Kagan issued a concurring opinion, in which Justice Ginsburg joined. And Justice Sonia Sotomayor issued a dissenting opinion. You can access the oral argument via this link.

Posted at 10:04 AM by Howard Bashman



“Are Supreme Court Justices Too Privileged to Understand Average Americans?” Steven Mazie has this post at the “Praxis” blog of big think.

Posted at 9:16 AM by Howard Bashman



Sunday, December 14, 2014

“Supreme Court watchers wonder if justices are ready to take a same-sex marriage case”: Robert Barnes will have this article in Monday’s edition of The Washington Post.

Posted at 11:12 PM by Howard Bashman



“In It Together? Do recent U.S. Supreme Court decisions on class actions mean less security in numbers?” Seth Stern has this article in the Fall 2014 issue of the Harvard Law Bulletin.

Posted at 9:47 PM by Howard Bashman



“Privacy is not dead: Microsoft lawyer prepares to take on US government; Brad Smith tells Dominic Rushe US demand for access to customer’s emails on server in Dublin strikes at heart of balance between safety and privacy.” The Guardian (UK) has this report.

Posted at 11:09 AM by Howard Bashman



Saturday, December 13, 2014

“‘La torture pas anticonstitutionnelle’, dit le doyen de la Cour supreme US”: Yesterday, Radio Television Suisse aired an interview with Justice Antonin Scalia. You can access the audio of a lengthy excerpt from the interview via this link.

And RTS has posted online this article about the interview. According to Google Translate, the headline of the article states,”‘Torture not unconstitutional,’ said the dean of the US Supreme Court.”

Posted at 10:09 PM by Howard Bashman



“Soledad Cross land transfer approved; Law could let landmark stay through private ownership of property”: The San Diego Union-Tribune has this report.

Posted at 9:57 PM by Howard Bashman



“Another Baseless Attack on Health Law”: Today’s edition of The New York Times contains an editorial that begins, “The opponents of the Affordable Care Act have filed another long-shot lawsuit that could undermine health care reform and force many consumers to pay more for health insurance if the suit succeeds.”

Posted at 9:34 AM by Howard Bashman