How Appealing



Saturday, May 23, 2015

“Strict sentences come under fire in Pa. courts”: Riley Yates of The Morning Call of Allentown, Pennsylvania has this report.

Posted at 9:16 PM by Howard Bashman



“Local attorney on mission to win legal status, freedom for chimps”: The South Florida Sun Sentinel of Fort Lauderdale has this report.

Posted at 9:12 PM by Howard Bashman



“As Americans become more liberal, will Supreme Court follow on gay marriage?” Brad Knickerbocker of The Christian Science Monitor has this report.

Posted at 12:52 PM by Howard Bashman



Friday, May 22, 2015

“Supreme Court of Canada orders new trial in child porn case; Donny Barabash, Shane Rollison of Alberta were originally acquitted of making child pornography as videos were consensual and for private use”: The Toronto Star has this news update.

Sean Fine of The Toronto Globe and Mail has a news update headlined “Supreme Court ruling blocks adults from exploiting apparent teen consent.”

National Post has a news update headlined “Sex with 14-year-olds legal in 2008, but probably not while videotaping it in a crack house: top court.”

And The Canadian Press reports that “Supreme Court orders new trial for Alberta men who made sex tapes of 14-year-old runaways.”

You can access today’s ruling of the Supreme Court of Canada at this link.

Posted at 10:54 PM by Howard Bashman



“Crooks says Roggensack threatened to throw justices off cases”: Patrick Marley of The Milwaukee Journal Sentinel has a news update that begins, “Days before three state Supreme Court justices skipped ceremonies to admit new lawyers to the bar, Justice N. Patrick Crooks accused newly elected Chief Justice Patience Roggensack of breaking court rules by threatening to throw him off a case without any authority.”

Posted at 5:09 PM by Howard Bashman



“We conclude that the content of New York’s custom license plates constitutes private speech and that the plates themselves are a nonpublic forum.” So holds the majority on a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit in a decision issued today.

Today’s ruling reverses a decision of the U.S. District Court for the Northern District of New York holding that the New York State Department of Motor Vehicles violated the First Amendment rights of Children First Foundation when the agency refused to approve an application to issue a “Choose Life” custom license plate.

In early coverage, The New York Daily News reports that “New York DMV’s decision to reject ‘Choose Life’ license plates upheld by appeals court.”

The Second Circuit issued an earlier ruling in this case back in March 2006, and my coverage of that ruling can be accessed here.

Posted at 1:07 PM by Howard Bashman



“Tobacco Industry Picks Up Tailwind as Smoker Suits Dealt Setback”: Margaret Cronin Fisk and Bob Van Voris of Bloomberg News have a report that begins, “A little-noticed ruling by three federal judges may have tipped the scales in favor of the tobacco industry’s bid to put decades of smoker lawsuits behind it.”

My earlier coverage of last month’s Eleventh Circuit ruling appears here and here.

Posted at 12:58 PM by Howard Bashman



“Actavis cannot drop old version of Alzheimer’s drug — appeals court”: Reuters has this report on an order that the U.S. Court of Appeals for the Second Circuit issued today.

Today’s order states that the three-judge panel has filed an opinion under seal explaining the basis for the affirmance and gives the parties until next Tuesday at 1 p.m. to advise whether the opinion should be unsealed in full or with portions redacted. Happy holiday weekend, counsel!

Posted at 12:45 PM by Howard Bashman



“State Supreme Court upholds grandparents’ visitation rights”: Today’s edition of The Nashua (N.H.) Telegraph contains a front page article (subscription required for full access) that begins, “Grandparents don’t lose their right to visit their grandchildren even if the children’s parents die and somebody else adopts the child, the state supreme court has ruled.”

You can access last Tuesday’s ruling of the Supreme Court of New Hampshire at this link.

Posted at 8:07 AM by Howard Bashman



“Anti-Gay Groups Gear Up To Fight A 30-Year-Old Supreme Court Victory Over Racism”: Ian Millhiser has this essay online at ThinkProgress.

Posted at 8:00 AM by Howard Bashman



Thursday, May 21, 2015

“Judy Clarke Has Saved Every American Villain. Until Dzhokhar Tsarnaev. Along with the Boston Bomber, she has defended Ted Kaczynski, Zacarias Moussaoui, Eric Rudolph, and Susan Smith in court. By saving the worst among us, Clarke believes she’s saving all of us. Whether we like it or not.” Jennifer Percy will have this article in the June/July 2015 issue of Esquire magazine.

Posted at 10:02 PM by Howard Bashman



“The Unquenchable Thirst For Supreme Court Tea Leaves: Did you hear what that justice just said?!? During the ‘silly season’ of waiting for big decisions, court watchers obsess over any and all clues.” Sam Baker has this report online today at National Journal.

Posted at 8:57 PM by Howard Bashman



“Inmate who won order for sex reassignment surgery recommended for parole”: The Los Angeles Times has this news update.

The article explains that “[a]t the same time, a federal appeals judge on Thursday granted the state’s request for a stay, suspending the April decision by a U.S. District Court Judge Jon Tigar that Michelle-Lael Norsworthy has a constitutional right to the surgery.”

You can access today’s per curiam stay order of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 3:56 PM by Howard Bashman



“D.C. Circuit: Catholic Archbishop Must Facilitate Provision of Contraceptives and Abortifacients.” Ed Whelan had this post today at National Review’s “Bench Memos” blog.

Posted at 1:48 PM by Howard Bashman



“Rough Justice Is Not Simple Justice: Fourth Circuit Guts Wal-Mart v. Dukes and Creates Circuit Split by Ordering Title VII Claims Certified as Rule 23(b)(3) Class.” Derek Stikeleather has this post today at the “Maryland Appellate Blog.”

Posted at 11:30 AM by Howard Bashman



“When it comes to the death penalty, California should follow Nebraska”: Columnist Scott Martelle has this essay online at The Los Angeles Times.

Posted at 11:20 AM by Howard Bashman



Wednesday, May 20, 2015