How Appealing



Tuesday, April 28, 2015

“U.S. judge overturns ‘anguish’ law passed after Abu-Jamal speech”: Ben Finley of The Philadelphia Inquirer has a news update that begins, “Writing that Pennsylvania’s General Assembly ‘fell woefully short of the mark,’ a federal judge on Tuesday struck down a state law that allowed violent-crime victims to sue offenders over speech that causes ‘mental anguish.'”

Matt Miller of The Patriot-News of Harrisburg, Pennsylvania has an article headlined “Pa.’s Mumia Abu Jamal-inspired ‘revictimization’ law is ‘manifestly unconstitutional,’ U.S. judge rules.”

And The Associated Press reports that “Judge tosses ‘mental anguish’ law aimed at Mumia Abu-Jamal.”

I have posted online the opinion and the order that the U.S. District Court for the Middle District of Pennsylvania issued today.

Posted at 11:40 PM by Howard Bashman



Seventh Circuit affirms entry of summary judgment against Palatine, Illinois parking ticket privacy class action suit: Circuit Judge Richard A. Posner issued this opinion today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.

As noted in this earlier post, Judge Posner issued a dissent from the en banc Seventh Circuit’s reinstatement of this lawsuit in August 2012, and the other Seventh Circuit judge who joined in today’s ruling also dissented from the en banc court’s earlier ruling.

Posted at 11:04 PM by Howard Bashman



“Federal appeals court tosses Kentucky’s ban on electioneering near polling places”: The Lexington Herald-Leader has this report.

The Cincinnati Enquirer has an article headlined “Appeals court: KY electioneering law unconstitutional.”

And The Associated Press reports that “Federal appeals court upholds ruling that struck down Kentucky’s electioneering law.”

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

Posted at 10:25 PM by Howard Bashman



“Justices rattle both sides on same-sex marriage; In oral arguments, the Supreme Court gives advocates and foes plenty of conflicting signals”: Josh Gerstein of Politico.com has this report.

Meanwhile, in commentary, online at The Atlantic, law professor Garrett Epps has an essay titled “Loving v. Marriage: Opponents of same-sex unions try to convince the Supreme Court that the state has no interest in ‘love and commitment.’

And online at Bloomberg View, law professor Noah Feldman has an essay titled “What Justices Are Really Saying About Gay Marriage.”

Posted at 10:18 PM by Howard Bashman



“Pivotal justice asks tough questions on gay marriage”: David Shepardson, Melissa Nann Burke, and Oralandar Brand Williams of The Detroit News have this report.

Jack Torry of The Columbus (Ohio) Dispatch reports that “Justices show deep divide over same-sex marriage case.”

Amber Hunt of The Cincinnati Enquirer has an article headlined “Obergefell: Husband would’ve ‘hated’ SCOTUS scene; But Arthur still would have been proud of him for being there.”

The Cleveland Plain Dealer reports that “U.S. Supreme Court Justices grill lawyers on same-sex marriage.”

The Tennessean reports that “Supreme Court gay marriage case gives participant ‘goosebumps.’

The Louisville Courier-Journal reports that “Gay marriage backers get day in high court.”

And The Lexington Herald-Leader reports that “Key Supreme Court justice doesn’t tip his hand during historic same-sex marriage arguments.”

Posted at 8:30 PM by Howard Bashman



“History in the balance as divided Supreme Court weighs gay marriage”: Michael Doyle of McClatchy Washington Bureau has this report.

Cheryl Wetzstein of The Washington Times reports that “Supreme Court asks why it should redefine marriage to include gays.”

On this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “Justices Deeply Divided Over Same-Sex Marriage Arguments.”

This evening’s broadcast of the PBS NewsHour contained a video segment titled “Supreme Court considers whether it’s time for nationwide same-sex marriage” featuring Marcia Coyle.

At “SCOTUSblog,” Lyle Denniston has a post titled “Argument analysis: Justice Kennedy, hesitant but leaning.” And Mark Walsh has a post titled “A view from the Courtroom, Same-Sex Marriage Edition.”

And online at Slate, Dahlia Lithwick has a Supreme Court dispatch titled “An Argument for Dignity: Justice Anthony Kennedy seems to see a nobility of purpose in gay marriage.”

Posted at 8:09 PM by Howard Bashman



“While the Oxford Dictionary may include within its definition of ‘lawyer’ one who studies the law, a lawyer’s professional or occupational role in society transcends his prior studies in law school.” The definition of a “lawyer” is a question that the Supreme Court of Pennsylvania addressed today in a majority opinion and a dissenting opinion in an election law case.

Today’s opinions provide the explanations promised back on May 5, 2014, when Pennsylvania’s highest court issued a per curiam order and a dissenting statement disposing of the matter under the time pressures then applicable.

At the time of the court’s original ruling, The Express-Times of Easton, Pennsylvania covered the decision in an article headlined “Pa. state Rep. Justin Simmons’ challenger removed from ballot.”

Posted at 4:40 PM by Howard Bashman



“Judicial Assistants or Junior Judges: The Hiring, Utilization, and Influence of Law Clerks.” In case you missed it (as I did till now), the fall 2014 issue of the Marquette Law Review contains numerous essays and other pieces pertaining to this symposium. In addition, videos from the symposium, which occurred in April 2014, can be accessed here and here.

Posted at 1:50 PM by Howard Bashman



“America’s must-see TV: Put the Supreme Court on camera so the people can watch their justice system at work.” This editorial appears in today’s edition of The New York Daily News.

Posted at 1:44 PM by Howard Bashman



“Lining Up, Early, for Same-Sex Marriage Arguments at Supreme Court”: Emmarie Huetteman of The New York Times has this report.

Timothy M. Phelps of The Los Angeles Times has an article headlined “On steps of Supreme Court, passionate views on gay marriage face off.”

Paul Singer and Marisol Bello of USA Today report that “Lawyers, activists, students gather for history at Supreme Court.”

And The Washington Times reports that “Colorful crowds gather as Supreme Court weighs gay marriage; Supporters, opponents out in numbers to make their pitch.”

Posted at 1:40 PM by Howard Bashman



“Supreme Court shows split in hearing on historic in gay-marriage cases”: Robert Barnes and Fred Barbash of The Washington Post have this news update.

David G. Savage and Timothy M. Phelps of The Los Angeles Times have a news update headlined “On divided court, Kennedy does not tip his hand on gay marriage case.”

Richard Wolf and Brad Heath of USA Today report that “Justices appear cautious, divided on same-sex marriage.”

Laura Meckler, Brent Kendall, and Jess Bravin of The Wall Street Journal have a news update headlined “Justices Appear Divided, Cautious on Gay Marriage; Supreme Court weighs extending right to same-sex marriage to entire U.S.” You can freely access the full text of the article via Google.

Todd Spangler of The Detroit Free Press and Maureen Groppe of The Indianapolis Star report that “Supreme Court questions show same-sex marriage split.”

Greg Stohr of Bloomberg News reports that “Kennedy Sends Mixed Signals as Supreme Court Debates Gay Marriage.”

And Ariane de Vogue of CNN.com reports that “Supreme Court justices skeptical of redefining marriage.”

Posted at 1:16 PM by Howard Bashman



“Marriage Equality Arguments First Reaction: Ginsburg Strikes, Kennedy Wavers.” Mark Joseph Stern has this post online at Slate.

Posted at 12:15 PM by Howard Bashman



“Supreme Court hears historic same-sex marriage arguments”: Mark Sherman of The Associated Press has an updated report that begins, “Pivotal Supreme Court Justice Anthony Kennedy asked skeptical questions of both sides Tuesday as the high court heard historic arguments over the right of gay and lesbian couples to marry.”

Posted at 12:00 PM by Howard Bashman



“Federal Appeals Court to Scrutinize Voter ID Law”: Jim Malewitz of The Texas Tribune has a report that begins, “Texas’ voter ID law faces a fresh round of legal scrutiny in New Orleans on Tuesday, the next step in a long-winding case that may be headed for the U.S. Supreme Court.”

I will link to the audio of this oral argument, which has just concluded, before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit once it becomes available online.

Posted at 11:57 AM by Howard Bashman



“Supreme Court justices voice doubts about changing traditional marriage”: David G. Savage and Timothy M. Phelps of The Los Angeles Times have this news update.

Posted at 11:15 AM by Howard Bashman



“Supreme Court hears historic same-sex marriage arguments”: Mark Sherman of The Associated Press has an updated report that begins, “Supreme Court Justice Anthony Kennedy is asking skeptical questions as the court hears arguments over the right of gay and lesbian couples to marry.”

Posted at 11:10 AM by Howard Bashman



“In New Gay Marriage Case, An Old Dissent Could Loom Large”: Jess Bravin has this post today at WSJ.com’s “Law Blog.”

Posted at 11:02 AM by Howard Bashman



“How Legal Blogging Has Changed Over the Decade”: Robert Ambrogi had this post last Friday at his “Law Sites” blog.

Posted at 10:46 AM by Howard Bashman



“Women shut out of Idaho judge selection; Idaho senators have interviewed only men”: Today’s edition of The Spokesman-Review of Spokane, Washington contains a front page article that begins, “It seems that women need not apply to the federal district court bench in Idaho.” According to the article, “Idaho is the only state in the federal 9th Circuit that has never had a woman judge on the U.S. District Court bench.”

Posted at 10:32 AM by Howard Bashman