How Appealing



Tuesday, April 14, 2015

“The Legal War Over Net Neutrality Has Begun: Groups representing all the major cable and phone companies have filed lawsuits against the FCC’s rules.” Brendan Sasso of National Journal has this report.

According to the article, “The National Cable and Telecommunications Association, which lobbies for Comcast and other major cable companies, is being represented by former U.S. Solicitor General Ted Olson and former U.S. Assistant to the Solicitor General Miguel Estrada.”

Posted at 1:32 PM by Howard Bashman



“Appeals court affirms dismissal of Ron Johnson’s Obamacare lawsuit”: Patrick Marley of The Milwaukee Journal Sentinel has this news update reporting on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today.

In today’s ruling, the Seventh Circuit decides to take the side of the Tenth Circuit in a split with the D.C. Circuit concerning whether “a political figure’s assertion, without more, that the receipt (or option of receiving) a benefit will hurt his or her reputation or electoral prospects is [ ]sufficient to establish standing.”

Posted at 1:15 PM by Howard Bashman



“‘Leave the Ohio Democratic Party immediately,’ Justice O’Neill tells fellow Dems; Ohio Supreme Court justice makes Facebook post after party endorses Strickland for U.S. Senate”: Jessica Wehrman of The Columbus Dispatch has this report.

Posted at 1:05 PM by Howard Bashman



“Tsarnaev jurors can’t watch Marathon, bombing anniversary coverage”: Patricia Wen and Milton J. Valencia of The Boston Globe have a news update that begins, “The judge in the trial of Dzhokhar Tsarnaev told jurors Tuesday that the sentencing phase of the Boston Marathon bombing trial could last about four weeks.”

Laurel J. Sweet of The Boston Herald has a news update headlined “Judge tells Tsarnaev jurors to avoid marathon, memorial events.”

Reuters reports that “Boston bomb trial jurors barred from this year’s marathon.”

And The Associated Press has a report headlined “Judge: Jurors in Tsarnaev trial can’t attend Boston Marathon.”

Posted at 11:33 AM by Howard Bashman



“Constitution Check: Can Congress step in and decide how a court case should come out?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 10:50 AM by Howard Bashman



“Civil rights case filed to stop Florida boy’s circumcision”: The Associated Press has a report that begins, “The battle over a Florida boy’s circumcision has moved to federal court.”

Posted at 10:04 AM by Howard Bashman



“A ‘thank you’ to Ann Fessenden”: Today at his “Hercules and the umpire” blog, Senior U.S. District Judge Richard G. Kopf has a post that begins, “Ann Fessenden will soon retire as the Eighth Circuit Librarian and Secretary to the Historical Society for the United States Courts in the Eighth Circuit.”

Despite my not having made an appearance at a law librarians’ convention during my Ninth Circuit-related visit to Seattle in July 2013, this blog certainly has great admiration for law librarians, especially since so many of them seem to enjoy this blog. (In a eerie coincidence, the 2015 law librarians’ convention will be occurring in Philadelphia, Pa., making it so very easy for me to make an appearance at this year’s convention.)

Posted at 9:57 AM by Howard Bashman



“‘Bust a Moot’ (ft. Elena Kagan and Eliot Spitzer)”: “Harvard Parody: The totally unofficial blog of the Harvard Law School Drama Society” has posted this video on YouTube. And you can access the lyrics via this blog post.

Posted at 9:46 AM by Howard Bashman



“Professor Bibas makes argument for Supreme Court Clinic to help homeowners trying to save their homes”: Penn Law has this report.

Posted at 8:29 AM by Howard Bashman



“Strip searches in Burlco may be costly; Judge’s ruling that the county violated the law could end up costing millions”: Yesterday’s edition of The Philadelphia Inquirer contained an article that begins, “Burlington County has violated a New Jersey law that prohibits strip searches in minor-offense cases unless there is a reasonable suspicion that weapons, drugs, or other contraband are being concealed, a federal judge decided last month in a case filed seven years ago, before the U.S. Supreme Court weighed in on the issue.”

Posted at 8:06 AM by Howard Bashman



“Overseer in water wars case orders that records be kept secret”: Greg Bluestein of The Atlanta Journal-Constitution has this report.

Posted at 8:04 AM by Howard Bashman



“Preview on same-sex marriage — Part II, The states’ views”: Lyle Denniston has this post — the second in a four-part series — today at “SCOTUSblog.”

Posted at 8:02 AM by Howard Bashman



Monday, April 13, 2015

“Fresh battles over gay rights erupt in states as Supreme Court hearing nears”: Sandhya Somashekhar of The Washington Post has this report.

Dennis Romboy of The Deseret News reports that “LDS Church, other religions urge Supreme Court to favor traditional marriage.”

The Salt Lake Tribune reports that “Mormon church joins other faiths in asking U.S. Supreme Court for same-sex marriage ban.”

And The Cleveland Plain Dealer reports that “Gay marriage U.S. Supreme Court plaintiff Jim Obergefell visits Capitol Hill from Ohio.”

Posted at 11:47 PM by Howard Bashman



“Lawsuit Seeks Background on DOJ ‘Apology’ in Supreme Court Indian Cases; Freedom of Information Act suit seeks records about Neal Katyal’s remarks in 2011”: Tony Mauro has this post (with related video) today at “The BLT: The Blog of Legal Times.”

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

Posted at 10:28 PM by Howard Bashman



“Officials react after concerns over Islamic law nix proposal”: The Associated Press has a report that begins, “Idaho is at risk of losing millions of dollars in federal child support funding after conservatives in the Legislature killed a measure that would have brought the state into compliance with federal rules.”

And in earlier coverage, The AP reported last Friday that “Idaho House panel kills bill because of Sharia law worries.”

Posted at 6:00 PM by Howard Bashman



“Enshrining Rights in Constitution by Judicial Fiat Carries Risks”: Tomorrow’s edition of The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers, will contain this month’s installment of my “Upon Further Review” column.

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

Posted at 5:50 PM by Howard Bashman



“GOP judges in the majority on Obama immigration stay”: Josh Gerstein of Politico.com has a blog post that begins, “A federal appeals court panel assigned to consider whether to temporarily lift a block on President Barack Obama’s latest round of immigration-related executive actions leans Republican, 2-1, and contains a sharply conservative judge who drew national attention for clashing with the administration over Obama’s health care reform law.”

Posted at 5:42 PM by Howard Bashman



“Gay couple files marriage lawsuit”: The Pacific Daily News of Guam has an article that begins, “Two women blocked from filing an application for marriage last week have filed a federal lawsuit against the governor and the Department of Public Health and Social Services Office of Vital Statistics registrar at the District Court of Guam.”

And The Associated Press reports that “Same-sex couple on Guam challenge island’s marriage laws.”

Posted at 3:34 PM by Howard Bashman



“U.S. court allows EU money-laundering case vs RJ Reynolds”: Jonathan Stempel of Reuters has a report that begins, “A sharply divided U.S. appeals court on Monday cleared the way for the European Union to pursue its lawsuit accusing R.J. Reynolds of running a global money-laundering scheme that involved drug and cigarette smuggling.”

You can access today’s order of the U.S. Court of Appeals for the Second Circuit denying rehearing en banc — and the opinion concurring in the order and four opinions dissenting therefrom — at this link.

This time, it appears that the order denying rehearing and three of the five judges writing separately decided to opt for “en banc” rather than “in banc.”

My earlier coverage of the unanimous three-judge panel’s ruling in this case can be accessed here. And in August of last year, the panel issued this per curiam decision denying panel rehearing.

Posted at 1:14 PM by Howard Bashman