How Appealing



Wednesday, January 14, 2015

“Do the Religious Beliefs of Supreme Court Justices Influence Their Decisions? A Moment Symposium with Robert Barnes / Lyle Denniston / Tony Mauro / Sarah Posner / Leslie C. Griffin / Stephen Wermiel / Marshall Breger / Emily Bazelon / Dahlia Lithwick.” This symposium appears in the January-February 2015 issue of Moment magazine.

Posted at 10:30 AM by Howard Bashman



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

1. Justice Sonia Sotomayor delivered the opinion of the Court in T-Mobile South, LLC v. City of Roswell, No. 13-975. Justice Samuel A. Alito, Jr. issued a concurring opinion. Chief Justice John G. Roberts, Jr. issued a dissenting opinion, in which Justice Ruth Bader Ginsburg joined in full and Justice Clarence Thomas joined in part. And Justice Thomas issued a dissenting opinion. You can access the oral argument via this link.

2. And Justice Antonin Scalia delivered the opinion of the Court in Jennings v. Stevens, 13-7211. Justice Thomas issued a dissenting opinion, in which Justices Anthony M. Kennedy and Alito joined. You can access the oral argument via this link.

Posted at 10:05 AM by Howard Bashman



“Supreme Court Takes Broad View on Hostage-Taker’s Penalty”: Adam Liptak has this article in today’s edition of The New York Times.

David G. Savage of The Los Angeles Times reports that “Supreme Court upholds bank robbery law from John Dillinger era.”

And Jess Bravin of The Wall Street Journal reports that “High Court Says Moving Hostage Could Trigger Additional Penalties; Supreme Court Gave Broad Reading to Depression-Era Bank Robbery Statute.”

Posted at 9:55 AM by Howard Bashman



Tuesday, January 13, 2015

“Norfolk’s sign law is legal, federal court says”: The Virginian-Pilot has a news update that begins, “City officials did not violate the First Amendment almost three years ago when they cited a business owner for hanging a large banner critical of the government’s attempted use of eminent domain, a federal appellate court ruled Tuesday.”

You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link.

Posted at 11:24 PM by Howard Bashman



“2015 Already Promises to Be Memorable for Appellate Developments”: This month’s installment of my “Upon Further Review” column appeared in today’s edition of The Legal Intelligencer, Philadelphia’s daily news paper for lawyers.

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

Posted at 11:08 PM by Howard Bashman



“5 Years After ‘Citizens United,’ SuperPACs Continue To Grow”: Peter Overby had this audio segment on this evening’s broadcast of NPR’s “All Things Considered.”

Posted at 10:54 PM by Howard Bashman



“Meet The Lawyer Who Could Save Dzhokhar Tsarnaev’s Life; Judy Clarke is one of the most sought-after defense attorneys for the most reviled criminals; If Dzhokhar Tsarnaev is convicted, would she be able to convince a jury considering the death penalty that he deserves to live?” Mike Hayes of BuzzFeed has this report.

Posted at 10:28 PM by Howard Bashman



“US judges review broad surveillance of Muslims by NYC police”: The Associated Press has this report on an oral argument that took place today at the U.S. Court of Appeals for the Third Circuit.

When the oral argument audio becomes available online, I will link to it.

Update: You can access the oral argument audio via this link (17.0 MB mp3 audio file).

In other coverage, Reuters reports that “U.S. appeals court hears case on NYC police surveillance of Muslims.”

And Bloomberg News reports that “Muslim Groups Seek to Revive New York Police Surveillance Suit.”

Posted at 12:46 PM by Howard Bashman



“Appeals court hears Arkansas, North Dakota abortion cases”: The Associated Press has this report on oral arguments that took place today at the U.S. Court of Appeals for the Eighth Circuit.

When the oral argument audio becomes available online, I will link to it.

Update: You can access the oral arguments via this link (Arkansas) and via this link (North Dakota).

And in other coverage, Reuters reports that “North Dakota, Arkansas ask court to allow abortion curbs.”

Posted at 12:43 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 Antonin Scalia delivered the opinion for a unanimous Court in Jesinoski v. Countrywide Home Loans, Inc., No. 13-684. You can access the oral argument via this link.

2. And Justice Scalia also delivered the opinion for a unanimous Court in Whitfield v. United States, No. 13-9026. You can access the oral argument via this link.

Posted at 10:06 AM by Howard Bashman



“Justices Seem Unsettled by Ordinance Restricting Arizona Town’s Signs”: Adam Liptak has this article in today’s edition of The New York Times.

In today’s edition of The Washington Post, Robert Barnes has an article headlined “At Supreme Court, signs are clear that justices have doubts about Ariz. town’s law.”

In today’s edition of The Wall Street Journal, Jess Bravin has an article headlined “Supreme Court Hears Church Fight Over Arizona Town Sign Law; Ordinance Barred Church’s Signs That Directed the Public to its Temporary Locations.”

Cheryl Wetzstein of The Washington Times reports that “Supreme Court justices laugh at Arizona town’s church sign laws.”

The Arizona Republic reports that “U.S. Supreme Court appears to favor Gilbert church over sign law.”

The East Valley Tribune reports that “Supreme Court hears arguments on Gilbert sign case.”

Cronkite News reports that “Gilbert sign ordinance comes under scrutiny by Supreme Court justices.”

And on yesterday evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “In Battle Over Church Signs, Is Ariz. Town Being ‘A Little Unreasonable’?

Posted at 9:00 AM by Howard Bashman



“Federal judges question Arizona ethnic studies ban”: This front page article appears in today’s edition of The Arizona Daily Star.

Roque Planas of The Huffington Post reports that “Arizona’s Mexican-American Studies Ban Questioned By Appeals Judges.”

And Courthouse News Service reports that “Ariz. Raked Over the Coals in 9th Circuit for Banning Ethnic Studies.”

You can access the video of yesterday’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link. Law professor Erwin Chemerinsky argued the appeal for the challengers of the ban.

Posted at 8:14 AM by Howard Bashman



Monday, January 12, 2015

“Despite Senate power shift, Obama seeks to shape U.S. judiciary”: David Ingram of Reuters has a report that begins, “President Barack Obama plans to plow ahead with an effort to shape and diversify the U.S. judiciary, despite the ability of Republicans to block nominees now that they have a Senate majority, Obama’s in-house lawyer said on Monday.”

Posted at 9:30 PM by Howard Bashman



“By restricting charity deals, appeals courts improve class actions”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.

Posted at 9:26 PM by Howard Bashman



“Justices seek to balance free speech, highway clutter”: Richard Wolf of USA Today has this report.

Lawrence Hurley of Reuters reports that “U.S. justices indicate support for Arizona church in free speech case.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Argument analysis: If a law turns out to be ‘silly’ . . .

You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Reed v. Town of Gilbert, No. 13-502.

Posted at 2:54 PM by Howard Bashman



“Google v. Oracle: Supreme Court asks feds’ opinion in patent fight.” Howard Mintz of The San Jose Mercury News has this update.

Posted at 12:56 PM by Howard Bashman



“Retiring Chief Justice Castille says he kept faith in fellow jurists”: In yesterday’s edition of The Morning Call of Allentown, Pennsylvania, Peter Hall had this article in which I am quoted.

Posted at 9:52 AM by Howard Bashman



Access online today’s Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases, but the Court did call for the views of the Solicitor General in three cases.

Justice Samuel A. Alito, Jr. issued a dissent from the denial of certiorari in Kalamazoo County Road Comm’n v. Deleon.

In early news coverage, Greg Stohr of Bloomberg News reports that “Gay Marriage Decision Deferred as High Court Rejects One Appeal“; “Google Appeal in Oracle Java Case Draws Supreme Court Inquiry“; and “Ex-Goldman Director Gupta Rejected by Top Court on Lifetime Ban.”

Lawrence Hurley of Reuters reports that “Supreme Court rejects Louisiana gay marriage case, takes no action on four others” and “U.S. top court turns away banks’ appeal in credit unions case.”

The Associated Press reports that “Justices won’t question California Delta smelt protections“; “Court won’t hear free speech challenge to metals dealers law“; “Supreme Court won’t hear dispute over DUI blood tests“; “Supreme Court won’t hear land dispute over Manhattan park“: and “High court won’t block Michigan road worker’s lawsuit.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Court denies one same-sex marriage case.”

Posted at 9:33 AM by Howard Bashman



Sunday, January 11, 2015

“Will Obama Be Able To Keep His Promise Of Closing Guantanamo Bay?” This audio segment appeared on this evening’s broadcast of NPR’s “All Things Considered.”

Posted at 9:12 PM by Howard Bashman



“Abortion Restrictions Pick Up Steam in GOP-Led States; Tennessee Mirrors National Movement Toward New Limits on the Procedure”: Arian Campo-Flores and Cameron McWhirter will have this article in Monday’s edition of The Wall Street Journal.

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

Posted at 9:07 PM by Howard Bashman