How Appealing



Friday, June 26, 2015

“Gay marriages begin in Nashville after Supreme Court ruling”: The Tennessean has this report.

The Lexington Herald-Leader has an article headlined “Beshear: With Supreme Court ruling, same-sex couples free to marry ‘beginning today.’

The Louisville Courier-Journal reports that “Ky. moves quickly to adopt gay marriage ruling.”

The Detroit News has an article headlined “Mich. couple ‘never thought this day was going to come.’

And The Detroit Free Press has an article headlined “Michigan couple: ‘I guess we’ll have to plan a wedding.’

Posted at 1:00 PM by Howard Bashman



“Gay Marriage Backers Win Supreme Court Victory”: Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined “Supreme Court rules gay couples nationwide have a right to marry.”

David G. Savage of The Los Angeles Times has a news update headlined “Supreme Court ‘thunderbolt’ clears way for same-sex marriage nationwide.”

Jess Bravin and Brent Kendall of The Wall Street Journal report that “Supreme Court Rules Gay Marriage Is a Nationwide Right; In 5-4 decision, justices say Constitution guarantees marriage equality to gay and lesbian couples.”

Michael Doyle of McClatchy Washington Bureau reports that “Supreme Court rules in favor of same-sex marriage.”

Cheryl Wetzstein of The Washington Times reports that “Gay marriage legalized nationwide in 5-4 Supreme Court vote, Scalia seethes.”

Lawrence Hurley of Reuters reports that “Supreme Court’s landmark ruling legalizes gay marriage nationwide.”

Greg Stohr of Bloomberg News reports that “Gay Marriage Legalized by Top U.S. Court in Landmark Ruling.”

Ariane de Vogue and Jeremy Diamond of CNN.com report that “Supreme Court rules in favor of same-sex marriage nationwide.”

Josh Gerstein of Politico.com reports that “Supreme Court backs gay marriage; The landmark, 5-4 decision was authored by Justice Anthony Kennedy.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Opinion analysis: Marriage now open to same-sex couples.”

Posted at 12:34 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 Anthony M. Kennedy delivered the opinion of the Court in Obergefell v. Hodges, No. 14-556. Chief Justice John G. Roberts, Jr. delivered a dissenting opinion, in which Justices Antonin Scalia and Clarence Thomas joined. Justice Scalia also issued a dissenting opinion, in which Justice Thomas joined. Justice Thomas also issued a dissenting opinion, in which Justice Scalia joined. And Justice Samuel A. Alito, Jr. issued a dissenting opinion, in which Justices Scalia and Thomas joined. You can access the oral argument (in two parts) here and here.

2. And Justice Scalia delivered the opinion of the Court in Johnson v. United States, No. 13-7120. Justice Kennedy issued an opinion concurring in the judgment. Justice Thomas issued an opinion concurring in the judgment. And Justice Alito issued a dissenting opinion. You can access the oral arguments here (original argument) and here (on reargument).

In early news coverage, The Associated Press reports that “Supreme Court extends same-sex marriage nationwide” and “High court strikes down ‘vague’ part of career criminal law.”

And Richard Wolf of USA Today reports that “Supreme Court strikes down bans on same-sex marriage.”

Posted at 10:04 AM by Howard Bashman



“Maybe Justice Thomas Should Take Leave from the Court to Prosecute Capital Cases?” Andrew Cohen has this essay online at the Brennan Center for Justice.

Posted at 9:48 AM by Howard Bashman



Third Circuit vacates dismissal of Lamictal pay-for-delay suit: You can access today’s ruling of the U.S. Court of Appeals for the Third Circuit at this link.

Law360.com provides insight into the background of the dispute in an article (subscription required for full access) that begins, “Drug purchasers challenging a no-authorized-generic settlement between GlaxoSmithKline PLC and Teva Pharmaceutical Industries ltd. told the Third Circuit on Friday that the U.S. Supreme Court’s recent pay-for-delay ruling didn’t create a new safe haven for some kinds of pharmaceutical patent settlements.”

Posted at 9:44 AM by Howard Bashman



“Chief Justice John Roberts Charts Own Path, Frustrating Right Again; Move prompts anger from GOP lawmakers who say John Roberts has drifted from conservative principles”: Brent Kendall of The Wall Street Journal has this report.

Posted at 8:44 AM by Howard Bashman



Credit where due: The U.S. Supreme Court is posting its opinions online faster than ever. Yesterday, only seconds after the “SCOTUSblog” live blog informed readers that the U.S. Supreme Court‘s second opinion of the day issued in King v. Burwell, No. 14-114, the Court posted a PDF of that ruling online at its web site. This is a vast improvement over the Court’s past performance, for which the Court deserves credit.

Perhaps in 2016, the “running of the interns” can finally be replaced by the “refreshing of the Court’s home and new opinions web pages.”

Posted at 8:34 AM by Howard Bashman



“Verrilli Takes Victory Lap in Obamacare, Housing Cases”: Kenneth Jost had this post yesterday at his blog. “Jost on Justice.”

Posted at 8:17 AM by Howard Bashman



Thursday, June 25, 2015

“When does spanking go too far? Mass. high court weighs in; Outlines legal rules on corporal punishment.” Peter Schworm of The Boston Globe has an article that begins, “The state’s highest court on Thursday expressly ruled for the first time that parents may not be held criminally liable for the use of ‘reasonable’ force in disciplining their children, saying the punishment ‘remains firmly woven into our nation’s social fabric.'”

And The Associated Press reports that “Massachusetts court offers guidelines on spanking.”

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

Posted at 11:32 PM by Howard Bashman



“Barack Obama’s Unexpected Best Friend: Chief Justice John Roberts; The president owes a big part of his legislative legacy to a justice he voted against.” Margaret Talev and Greg Stohr of Bloomberg News have this report.

Posted at 9:50 PM by Howard Bashman



“Justice Scalia’s King v Burwell Dissent Degrades His Textualist ‘Brand'”: Michael Dorf has this post today at “Dorf on Law.”

Posted at 7:43 PM by Howard Bashman



“John Roberts Calls a Strike: The chief justice’s opinion upholding Obamacare aims to fulfill his promise to serve as an impartial umpire.” Law professor Garrett Epps has this essay online at The Atlantic.

Online at Bloomberg View, law professor Noah Feldman has an essay titled “Congress’s Sloppiness Saves Obamacare.”

Also at Bloomberg View, law professor Cass R. Sunstein has an essay titled “The Catch in the Obamacare Opinion.”

And online at The New Yorker, Jeffrey Toobin has a post titled “Doom for a Cynical Assault on Obamacare,” while Amy Davidson has a post titled “Obamacare Survives the Scalia Treatment.”

Posted at 7:32 PM by Howard Bashman



“The Ted Frank interview: ‘I was doing it for the greater good.'” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.

Posted at 6:20 PM by Howard Bashman



“Shawnee County judge grants injunction blocking Kansas abortion ban bill from becoming law; Judge Larry Hendricks cites Section One of Kansas Constitution”: The Topeka Capital-Journal has a news update that begins, “A Shawnee County district court judge granted a temporary injunction Thursday blocking a Kansas Senate bill from taking effect that would forbid dilation and evacuation abortions in the state of Kansas.”

And The Associated Press reports that “Judge blocks Kansas’ ban on 2nd-trimester abortion procedure.”

Posted at 6:14 PM by Howard Bashman



“A ‘view’ from the Courtroom: Barbs and backslaps in two big cases.” Mark Walsh has this post at “SCOTUSblog.”

Posted at 4:44 PM by Howard Bashman



“In King v. Burwell, Chief Justice Roberts rewrites the PPACA in order to save it (again)”: Jonathan H. Adler has this post at “The Volokh Conspiracy.”

Posted at 3:50 PM by Howard Bashman



“Unanswered Health Law Question: So Why Was It Written that Way? Words ‘established by the State’ formed the basis of the unsuccessful Supreme Court challenge.” Jess Bravin of The Wall Street Journal has this report.

Posted at 3:44 PM by Howard Bashman