How Appealing



Monday, April 27, 2015

“Appeals court upholds Highland Park assault weapons ban”: The Chicago Tribune has a news update that begins, “A federal court Monday upheld Highland Park’s ban on assault weapons — possibly setting the stage for a showdown over the issue before the U.S. Supreme Court. In a 2-1 decision, the federal appellate court in Chicago upheld the city’s ban on assault weapons, including AK-47s and AR-15s and magazines that hold more than 10 rounds.”

And The Associated Press reports that “US court upholds Chicago suburb’s assault weapons ban.”

You can access today’s ruling of the U.S. Court of Appeals for the Seventh Circuit at this link. Circuit Judge Frank H. Easterbrook wrote the majority opinion, while Senior Circuit Judge Daniel A. Manion issued a dissenting opinion.

Posted at 11:54 PM by Howard Bashman



“Supreme Court Set to Grapple with Gay-Marriage Question; Justices will hear arguments Tuesday in one of the most direct constitutional issues to cross their docket in recent memory”: Jess Bravin will have this article in Tuesday’s edition of The Wall Street Journal. You can freely access the full text of the article via Google.

David G. Savage of The Los Angeles Times reports that “Stanford student goes to Supreme Court to fight for her moms.”

In Tuesday’s edition of The Boston Globe, Michael Levenson will have an article headlined “Mary Bonauto set to argue gay marriage case before Supreme Court.”

Cheryl Wetzstein of The Washington Times has an article headlined “Supreme Court gay marriage cases: What to expect.”

Sandhya Somashekhar of The Washington Post has an article headlined “High stakes as Supreme Court considers same-sex marriage case.” In addition, the newspaper has an editorial titled “The Supreme Court must finish the job on same-sex equality.”

The Sandusky Register reports that “Supreme Court to rule on Sandusky native’s gay marriage; Ruling may make Sandusky High School product Jim Obergefell famous.”

Paul Singer of USA Today reports that “Supreme Court gay marriage case reunites hometown opponents.”

The Lawrence Journal-World reports that “Kansans watch closely as Supreme Court hears gay marriage cases.”

The Lexington Herald-Leader reports that “U.S. Supreme Court to weigh Ky.’s same-sex marriage ban; arguments focus on states’ rights, equal protection.”

Amanda Terkel of The Huffington Post reports that “Marriage Equality Supporters Camp Out At Supreme Court Days Before Oral Arguments.”

This evening’s broadcast of NPR’s “All Things Considered” contained an audio segment titled “3 Reasons Republicans Might Cheer A Pro-Gay-Marriage Ruling.”

At CNN.com, Jeffrey Toobin has an essay titled “Supreme Court faces new reality on marriage equality.”

Online at Bloomberg View, law professor Noah Feldman has an essay titled “Don’t Panic! Gay Marriage Will Win.”

And online at The Daily Beast, Jay Michaelson has a post titled “Gay Marriage Could Lose Tomorrow.”

Posted at 9:38 PM by Howard Bashman



“PA high court reinstates Msgr. Lynn’s child-endangerment conviction”: Joseph A. Slobodzian of The Philadelphia Inquirer has a news update that begins, “Pennsylvania’s Supreme Court on Monday reinstated the child-endangerment conviction of Msgr. William J. Lynn, the first Catholic Church official found guilty for his role supervising priests in the clergy sex-abuse scandal.”

And The Associated Press reports that “Pennsylvania top court reinstates monsignor’s conviction.”

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

Posted at 5:47 PM by Howard Bashman



“SCOTUS to decide if ‘unharmed’ plaintiffs have right to sue”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.

Posted at 5:38 PM by Howard Bashman



“Dear John Letters: A taxonomy of gay marriage arguments aimed at Chief Justice John Roberts.” Dahlia Lithwick has this jurisprudence essay online today at Slate.

In other jurisprudence essays recently posted online at Slate, Dahlia Lithwick and Mark Joseph Stern have an essay titled “Not All Must Rise: Many of the people who will witness Supreme Court history paid a ton for the privilege.”

And Mark Joseph Stern has an essay titled “The Marriage Mastermind: How Evan Wolfson transformed American society.”

Posted at 5:32 PM by Howard Bashman



“Taming the Butterflies Before a Supreme Court Argument; Lawyers in the same-sex marriage cases and veteran advocates reveal their routines”: Marcia Coyle of The National Law Journal has this report today.

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

Posted at 5:26 PM by Howard Bashman



“Supreme Court Rejects Teva’s Reglan Preemption Dispute”: Emily Field of Law360.com has a report (subscription required for full access) that begins, “The U.S. Supreme Court on Monday rejected Teva Pharmaceuticals USA Inc.’s request to review a Pennsylvania appellate ruling that federal law did not preempt the product liability claims of thousands of generic Reglan users.”

Posted at 3:28 PM by Howard Bashman



“In ‘Slants’ Case, Appeals Court Will Reconsider Opinion on ‘Disparaging’ Trademarks; The Federal Circuit chooses to wipe out an opinion issued last week regarding an Asian-American band”: Eriq Gardner had this post today at the “Hollywood, Esq.” blog of The Hollywood Reporter.

And at “The Volokh Conspiracy,” Eugene Volokh has a post titled “Federal Circuit will rehear ‘disparaging marks’ trademark case about The Slants — and the Redskins case may be affected.”

You can access today’s order of the U.S. Court of Appeals for the Federal Circuit granting rehearing en banc at this link.

The order granting en banc review orders the parties to file new briefs addressing the following issue:

Does the bar on registration of disparaging marks in 15 U.S.C. sec. 1052(a) violate the First Amendment?

The order also provides that amici may file briefs on rehearing en banc without having to obtain further leave of court.

My earlier coverage of the three-judge panel’s ruling in this case, which issued one week ago today, can be accessed here and here.

Posted at 1:27 PM by Howard Bashman



“How gay-marriage case was born of a divided Ohio”: Amber Hunt and Keith BieryGolick of The Cincinnati Enquirer have this report. In addition, Hunt and Kevin Grasha have an article headlined “Need to knows about the Cincinnati same-sex marriage case.”

Jessica Wehrman and Jack Torry of The Columbus Dispatch report that “Gay-marriage battle goes before Supreme Court on Tuesday.”

Todd Spangler of The Detroit Free Press has an article headlined “Meet the lawyers who will face off in same-sex marriage case.”

And Chad Livengood of The Detroit News reports that “Gay marriage case a race with time for Michigan couple.”

Posted at 1:12 PM by Howard Bashman



“Gay-Rights Skeptic John Roberts Urged to Make Supreme Court History; The court hears arguments on Tuesday in a historic clash that may legalize gay marriage nationwide”: Greg Stohr of Bloomberg News has this report.

Posted at 12:58 PM by Howard Bashman



“Lawyers Seek Sea Change on Gay Rights at Supreme Court”: Adam Liptak will have this article in Tuesday’s edition of The New York Times.

Posted at 10:24 AM by Howard Bashman



“As Dzhokhar Tsarnaev’s defense begins, image matters”: Patricia Wen and Milton J. Valencia of The Boston Globe have this report.

Laurel J. Sweet of The Boston Herald has an article headlined “Experts: Tsarnaev defense team may call brain researchers; The ‘young & dumb’ argument?

The Associated Press reports that “Boston Marathon bomber’s lawyers prepare case for life.”

And Reuters reports that “Defense to begin arguments to spare Boston bomber’s life.”

Posted at 10:14 AM by Howard Bashman



“Dickie Scruggs: A 2nd chance; Mississippi’s famed trial lawyer-turned-felon grants his first post-prison interview.” Emily Le Coz of The Clarion-Ledger of Jackson, Mississippi has this report.

Posted at 9:50 AM by Howard Bashman



“Justice Kennedy’s long road from Sacramento to landmark gay marriage case”: David G. Savage of The Los Angeles Times has this report.

Posted at 8:40 AM by Howard Bashman



“Same-Sex Marriage, In The Justices’ Words”: Nina Totenberg had this audio segment on today’s broadcast of NPR’s “Morning Edition.”

The Washington Times has articles headlined “Gay marriage advocates expect Supreme Court to rule in their favor; Justices to hear oral arguments in four cases on Tuesday” and “Supreme Court gay marriage cases: What to expect.”

Today’s edition of The Knoxville News Sentinel contains a front page article headlined “Local residents ready for Supreme Court same-sex marriage arguments.”

The Arizona Republic reports that “Arizona gay-rights groups look beyond Supreme Court.”

And online at The Atlantic, law professor Garrett Epps has an essay titled “Gay Marriage Gets Its Day in Court: The question is less whether the Supreme Court will affirm the right to same-sex unions than how it will choose to do so.”

Posted at 8:25 AM by Howard Bashman



“Roberts at 10: Roberts and the Fourth Amendment — A Mostly Pro-Government Vote with Some Important Exceptions.” Brianne Gorod has this report online at the Constitutional Accountability Center.

Posted at 8:14 AM by Howard Bashman