How Appealing



Tuesday, April 21, 2015

“Loretta Lynch Confirmation Block Lifts as Senators Agree on Sex Trafficking Bill”: Jennifer Steinhauer and Emmarie Huetteman of The New York Times have this news update.

Posted at 1:08 PM by Howard Bashman



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

1. Justice Stephen G. Breyer delivered the opinion of the Court in Oneok, Inc. v. Learjet, Inc., No. 13-271. Justice Clarence Thomas issued an opinion concurring in part and concurring in the judgment. And Justice Antonin Scalia issued a dissenting opinion, in which Chief Justice John G. Roberts, Jr. joined. You can access the oral argument via this link.

2. And Justice Ruth Bader Ginsburg delivered the opinion of the Court in Rodriguez v. United States, No. 13-9972. Justice Anthony M. Kennedy issued a dissenting opinion. Justice Clarence Thomas issued a dissenting opinion, in which Justice Samuel A. Alito, Jr. joined in full and Justice Kennedy joined in part. And Justice Alito issued a dissenting opinion. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined “Justices: Police can’t extend traffic stop awaiting drug dog” and “High court: Energy companies must face price fixing claims.”

And Lawrence Hurley of Reuters reports that “Supreme Court says antitrust claims over natural gas prices can proceed.”

Posted at 10:05 AM by Howard Bashman



“Court: San Juan Capistrano’s tiered water rates are illegal, may hinder conservation.” The Orange County Register has this report.

Bob Egelko of The San Francisco Chronicle reports that “Appeals court rejects higher water rates for big users.”

The San Diego Union-Tribune reports that “Water rate scheme struck down; Orange County case could have statewide impact amid drought.”

The Los Angeles Times reports that “Appeals court throws out San Juan Capistrano’s tiered water-use rates.”

The Sacramento Bee reports that “Brown calls tiered-water ruling ‘a straitjacket’ for conservation efforts.”

And The Associated Press reports that “California court ruling could limit drought fighting tools.”

You can access yesterday’s ruling of the California Court of Appeal for the Fourth Appellate District, Division Three, at this link. Justice William W. Bedsworth wrote the opinion of the court on behalf of a unanimous three-judge panel.

Posted at 9:44 AM by Howard Bashman



“Updates in Judge Mark Fuller ‘Wife Beating’ Case: Criminal charges dismissed as expected; More testimony heard by 11th Circuit panel; Senate seeks update; Calls for impeachment persist.” Brad Friedman had this post last night at “The Brad Blog.”

Posted at 9:23 AM by Howard Bashman



“Meet The Couples Fighting To Make Marriage Equality The Law Of The Land”: Amanda Terkel, Kate Abbey-Lambertz, and Christine Conetta of The Huffington Post have this report.

Posted at 9:20 AM by Howard Bashman



“Justices Hear Second Round of Arguments on Case Hinging on Phrase’s Meaning”: 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 may reconsider what is ‘violent felony’ in ’80s-era law.”

Richard Wolf of USA Today reports that “Justices may declare criminal law ‘unconstitutionally vague.’

Jess Bravin of The Wall Street Journal reports that “Supreme Court Scrutinizes Armed Career Criminal Act; Justices to decide if 1980s-era law triggers excessive sentences.”

And Lawrence Hurley of Reuters reports that “Justices weigh white supremacist’s challenge to sentencing law.”

Posted at 9:14 AM by Howard Bashman



“Meet The ‘Accidental Activists’ Of The Supreme Court’s Same-Sex-Marriage Case”: Nina Totenberg had this audio segment on yesterday evening’s broadcast of NPR’s “All Things Considered.”

Posted at 7:52 AM by Howard Bashman



“At Supreme Court, Holder’s Justice Dept. Routinely Backs Officers’ Use of Force”: Matt Apuzzo and Adam Liptak will have this article in Wednesday’s edition of The New York Times.

Posted at 7:50 AM by Howard Bashman



Monday, April 20, 2015

“Court considers limits to vagueness in statutes”: In Tuesday’s edition of The Washington Post, Robert Barnes will have an article that begins, “The Supreme Court on Monday tried to discern just how vague and opaque a law must be before the justices should strike down the whole thing and tell Congress to try again.”

You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Johnson v. United States, No. 13-7120.

Posted at 10:08 PM by Howard Bashman



“Too Vague to Be Constitutional: Two indecipherable criminal laws passed in the 1980s now face scrutiny at the Supreme Court.” Online last Friday at The Atlantic, law professor Garrett Epps had this essay previewing two U.S. Supreme Court oral arguments occurring this week.

Posted at 10:00 PM by Howard Bashman



“A reporter’s guide to covering the same-sex marriage cases at the Supreme Court”: Amy Howe has this post today at “SCOTUSblog.”

Posted at 8:12 PM by Howard Bashman



“Ecuadoreans’ Lawsuit Against Chevron Might Need a U.S. Retrial, Judge Suggests; Judge Richard Wesley asked lawyers whether they would support a retrial of a 2011 ruling against the company by an Ecuadorean court”: Nicole Hong of The Wall Street Journal has this report. You can freely access the full text of the article via Google.

Nate Raymond of Reuters reports that “U.S. court hears Chevron’s fraud claims in $9.5 billion Ecuador dispute.”

Paul Barrett of Bloomberg News has an article headlined “After 22 Years, Appellate Judge in Epic Pollution Case Suggests a Do-Over; The case that pits oil giant Chevron against a New York lawyer started in 1993.”

Adam Klasfeld of Courthouse News Service reports that “NYC Retrial of Chevron Pollution Case Floated by 2nd Circuit Judge.”

Pete Brush of Law360.com reports that “2nd Circ. Urged To Look Past Donziger In $9.5B Chevron Case” (subscription required for full access).

And Roger Parloff of Fortune.com has a post titled “Judge asks puzzling questions at Chevron v. Donziger appeal.”

Unfortunately, the U.S. Court of Appeals for the Second Circuit does not make its oral argument audio readily available online.

Posted at 7:25 PM by Howard Bashman



“How heirs of alleged rare coin thief won gamble against U.S. Mint”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.

Posted at 4:36 PM by Howard Bashman



“In Brief to Justices, Former Military Officials Support Same-Sex Marriage”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 1:26 PM by Howard Bashman



“‘Nonmedia’ speakers don’t get full First Amendment protection, rules the Texas Court of Appeals”: Eugene Volokh has this post today at “The Volokh Conspiracy.”

Posted at 1:18 PM by Howard Bashman



It’s time to reconsider whether the Patent and Trademark Office’s refusal to register immoral, scandalous, or disparaging marks violates the First Amendment: So argues Federal Circuit Judge Kimberly A. Moore in a separate opinion issued today.

Moore also wrote the opinion of the court, which affirmed the PTO’s refusal to register the trademark THE SLANTS, as requested by an Asian-American dance rock band using that name, because it is disparaging.

In earlier coverage of the appeal, Diane Bartz and Andrew Chung of Reuters reported that “Rock band The Slants wants to reclaim slur for trademark.”

And 89.3 KPCC-FM’s “AirTalk” had an audio segment titled “Asian-American band ‘The Slants’ asks federal court for right to trademark slur.”

A three-judge Federal Circuit panel heard oral argument of this appeal on January 9, 2015, and you can access the oral argument audio via this link (7.39 MB mp3 audio file).

Posted at 1:09 PM by Howard Bashman



“Time Behind Bars? A Supreme Court decision on the Armed Career Criminal Act could shorten sentences for hundreds of prisoners.” Matt Stroud of Bloomberg News has this report.

Posted at 12:48 PM 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.

Update: In news coverage, The Associated Press reports that “Supreme Court orders review of North Carolina redistricting“; “High court rejects terror victims’ claims against Chiquita“; “High court won’t hear appeal in Connecticut synagogue suit“; “High court rejects Wisconsin appeal over tribal night hunts“; and “High court won’t hear appeal of Ex-Goldman board member.”

Lawrence Hurley of Reuters reports that “U.S. top court rejects Colombian Chiquita human rights suit” and “Supreme Court rejects Rajat Gupta’s insider trading appeal.”

Greg Stohr of Bloomberg News reports that “Review Ordered for Republican-Drawn North Carolina Voting Maps” and “Supreme Court Rejects Ex-Goldman Director Rajat Gupta’s Appeal.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Government faces new contracting duty.”

Posted at 9:32 AM by Howard Bashman



Sunday, April 19, 2015

“Attorneys general: Based on states’ records, justices should decide marriage.” Robert Barnes will have this article in Monday’s edition of The Washington Post.

Posted at 10:36 PM by Howard Bashman



“Harold Koh in the cross hairs: Student protest targets former Obama administration lawyer Harold Koh.” Nahal Toosi of Politico.com has this report.

Posted at 9:18 PM by Howard Bashman