How Appealing



Tuesday, May 26, 2015

“Agent who shot into Mexico, killed teen wants case dismissed”: The Associated Press has a report that begins, “A federal judge is considering throwing out a civil rights lawsuit against a U.S. Border Patrol agent who fatally shot a teenager across the U.S.-Mexico border on grounds that the boy was in Mexico at the time and therefore wasn’t protected by the U.S. Constitution.”

Posted at 8:06 PM by Howard Bashman



“Montana’s rule on campaign contribution limits is headed back to court”: Maura Dolan of The Los Angeles Times has this news update.

The Associated Press reports that “Appeals court sets high bar for states to limit donors’ campaign contributions.”

Courthouse News Service reports that “MT’s Campaign-Donor Limits Still Up in the Air.”

And at her “Trial Insider” blog, Pamela A. MacLean has a post titled “Montana Campaign Contribution Limits Get Second Chance.”

You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 7:34 PM by Howard Bashman



“Obama administration asks U.S. top court not to hear Google copyright fight”: Lawrence Hurley and Dan Levine of Reuters have a report that begins, “The Obama administration on Tuesday sided against Google Inc and said the U.S. Supreme Court should not hear the company’s appeal in a case against Oracle Corp with wide implications for the technology industry, according to a court filing.”

Posted at 6:03 PM by Howard Bashman



“Republicans grope for Obamacare replacement: An upcoming Supreme Court verdict complicates matters.” Jennifer Haberkorn and Rachael Bade of Politico.com have this report.

Posted at 5:30 PM by Howard Bashman



In the June 2015 issue of ABA Journal magazine: Mark Walsh has an article headlined “June is busting out all over with big-time SCOTUS decisions.”

Kevin Davis has an article headlined “Faith and fiscal responsibility cause many conservatives to change their view of the death penalty.”

And James Podgers has an article headlined “America’s Magna Carta: The Great Charter sealed by King John of England in 1215 is widely viewed as a direct influence on liberties and constitutional democracy in the United States.”

Posted at 5:22 PM by Howard Bashman



Majority on divided Fifth Circuit panel affirms preliminary injunction blocking implementation of President Obama’s executive orders on immigration: You can access today’s ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.

In early news coverage, Julia Preston of The New York Times has a news update headlined “Appeals Court Denies Bid to Let Obama Immigration Plan Proceed.”

The Los Angeles Times reports that “Federal court refuses to lift order halting Obama immigration programs.”

Stephen Dinan of The Washington Times reports that “Federal appeals court deals blow to President Obama’s amnesty.”

The Associated Press reports that “Court won’t lift hold on Obama immigration action.”

Laurel Brubaker Calkins of Bloomberg News reports that “Obama Administration Loses Bid to Implement Immigration Orders.”

And Adam B. Lerner and Josh Gerstein of Politico.com report that “Obama dealt another legal setback on immigration.”

Posted at 2:13 PM by Howard Bashman



“Supreme Court Sides With KBR, Halliburton on Lawsuit Time Limits; Court rules whistleblowers don’t get extra time to file civil false-claims suits when the U.S. is at war”: Brent Kendall of The Wall Street Journal has this news update.

Greg Stohr of Bloomberg News reports that “KBR, Halliburton Win at U.S. Supreme Court on Suit Deadlines.”

And Lawrence Hurley of Reuters reports that “U.S. top court backs contractor KBR in Iraq whistleblower case.”

Posted at 1:28 PM by Howard Bashman



“Supreme Court to hear challenge to Texas redistricting plan”: Robert Barnes of The Washington Post has this news update.

David G. Savage of The Los Angeles Times has a news update headlined “Supreme Court to hear case that could change how voting districts are drawn.”

Richard Wolf of USA Today reports that “Supreme Court to consider redefining ‘one-person, one-vote’ principle.”

Michael Doyle of McClatchy Washington Bureau reports that “Supreme Court to hear Texas ‘one man, one vote’ case.”

Michael Lindenberger of The Dallas Morning News reports that “Supreme Court to hear redistricting Texas case seeking to clarify one-person-one-vote.”

Mark Sherman of The Associated Press reports that “Supreme Court to hear challenge over counting non-citizens in redistricting plans.”

Lawrence Hurley of Reuters reports that “U.S. Supreme Court to hear Texas state Senate redistricting case.”

Greg Stohr of Bloomberg News reports that “Supreme Court Accepts Urban-Rural Redistricting Case.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Major test on voter equality set for review.”

Posted at 1:22 PM by Howard Bashman



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

1. Justice Sonia Sotomayor delivered the opinion of the Court in Wellness Int’l Network Ltd. v. Sharif, No. 13-935. Justice Samuel A. Alito, Jr. issued an opinion concurring in part and concurring in the judgment. Chief Justice John G. Roberts, Jr. issued a dissenting opinion, in which Justice Antonin Scalia 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. Justice Alito delivered the opinion for a unanimous Court in Kellogg Brown & Root Services, Inc. v. United States, ex rel, Carter, No. 12-1497. You can access the oral argument via this link.

3. And Justice Anthony M. Kennedy delivered the opinion of the Court in Commil USA, LLC v. Cisco Systems, Inc., No. 13-896. Justice Thomas joined the majority opinion in part. And Justice Scalia issued a dissenting opinion, in which Chief Justice Roberts joined. Justice Stephen G. Breyer did not participate in the ruling. You can access the oral argument via this link.

Posted at 10:04 AM by Howard Bashman



“Pending Supreme Court Cases: Kimberly Robinson talked about pending Supreme Court rulings for the 2014-15 term.” You can view the video of this segment from today’s broadcast of C-SPAN’s “Washington Journal” via this link.

Posted at 9:35 AM by Howard Bashman



Monday, May 25, 2015

“First Amendment experts weigh in on whether schools can suspend students for social media activity”: The Tulsa World has this report.

Posted at 11:37 PM by Howard Bashman



“Health Costs Hinge on Supreme Court Ruling; Subsidies that made insurance plans affordable face a crucial test with decision expected in June”: Stephanie Armour 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.

Posted at 11:35 PM by Howard Bashman



“Loving v. Virginia looms large in gay marriage case”: Markus Schmidt had this article in Sunday’s edition of The Richmond Times-Dispatch.

Posted at 11:10 PM by Howard Bashman



“Third Circuit Creates Turmoil Over Certification; Appeals court won’t rehear case that changes long-standing inquiry regarding class definition”: Arthur H. Bryant has this essay in this week’s issue of The National Law Journal.

Posted at 8:40 PM by Howard Bashman



“Presidential Candidates Continue to Take Shots at the Supreme Court; From gay marriage to Citizens United, there’s plenty for the candidates on both sides of the political spectrum to complain about”: David Knowles of Bloomberg News has this report.

Posted at 8:24 PM by Howard Bashman



“Appeals court focuses on Virginia death row inmate’s ability to handle daily tasks”: The Associated Press has a report that begins, “Arguments in a federal appeals court suggest that a Virginia death row inmate’s claim that he can’t be executed because he is intellectually disabled could turn on his ability to handle everyday tasks.”

You can access via this link (16.1 MB mp3 audio file) the audio of last week’s oral argument in this case before a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit.

Posted at 10:14 AM by Howard Bashman



“TN Supreme Court to weigh public records case”: Stacey Barchenger of The Tennessean has an article that begins, “A case pitting public records law and the privacy of crime victims and police evidence is before the Tennessee Supreme Court for consideration Thursday.”

Posted at 10:07 AM by Howard Bashman



“What it cost Indiana to fight same-sex marriage”: The Indianapolis Star has an article that begins, “The state paid more than $1.4 million in fees to plaintiffs’ attorneys in five federal court cases that challenged — and ultimately helped overturn — Indiana’s ban on same-sex marriages, according to the attorney general’s office.”

Posted at 10:00 AM by Howard Bashman



“Ruling may gut ‘Obamacare,’ but Republicans would feel the heat if millions lose subsidies”: The Associated Press has this report.

Posted at 9:55 AM by Howard Bashman



Sunday, May 24, 2015

“Plaintiffs from Utah’s landmark gay marriage case tie the knot”: Jennifer Dobner of The Salt Lake Tribune has a news update that begins, “The couple at the center of the historic federal lawsuit that overturned Utah’s ban on same-sex marriage in 2013 tied the knot on Sunday in a public wedding ceremony at the Gallivan Center in the heart of Salt Lake City.”

Posted at 9:00 PM by Howard Bashman



“For-Profit and Non-profit Organizations Should Enjoy the Same Civic Rights”: John O. McGinnis has this post today at the “Library of Law and Liberty” blog.

Posted at 4:00 PM by Howard Bashman



“Ohio House bill would ban abortions spurred by diagnosis of Down syndrome”: Today’s edition of The Columbus Dispatch contains a front page article that begins, “Ohio could become the second state to ban women from having an abortion because of a fetal diagnosis of Down syndrome.”

Posted at 11:45 AM by Howard Bashman



Saturday, May 23, 2015

Second Circuit Clerk’s Office, once again, has issues with keeping “under seal” opinion under seal: Nearly eight years ago, I was involved in one such incident, detailed here, here, and here.

Something similar happened once again yesterday. As I previously noted in this post, yesterday the Second Circuit issued an order in a case of public interest stating that the court’s opinion was filed under seal and would be issued next Tuesday, possibly in redacted form after the parties have received an opportunity to suggest any desired redactions.

Late yesterday, however, Reuters published a revised version of its article headlined “Actavis cannot drop old version of Alzheimer’s drug — appeals court.” According to that article, “The decision was filed under seal, but a copy was provided to a Reuters reporter by a member of the court clerk’s office upon request.” It is certainly remarkable that the Second Circuit’s Clerk’s Office would apparently provide a news reporter with a copy of an under-seal opinion not scheduled for public release until next Tuesday — and subject to redaction in the interim before public release — merely because the reporter asked to see a copy of the opinion.

Posted at 10:14 PM by Howard Bashman



“Non-profit brings voting rights campaign to V.I.” Today’s edition of The Virgin Islands Daily News contains an article that begins, “Quirks of federal law and a century-old U.S. Supreme Court ruling about the shipment of oranges keep residents of territories like the U.S. Virgin Islands from having the right to vote in presidential elections.”

Posted at 9:26 PM by Howard Bashman