How Appealing



Wednesday, June 24, 2015

“Eight Is Enough (Justices That Is): Let the Court Unpack Itself.” Yesterday at National Review’s “Bench Memos” blog, Michael Stokes Paulsen had a post that begins, “Brace yourself. When Justice Ruth Bader Ginsburg retires from the Supreme Court this summer, it will set off a frenzy of Supreme contention: Who will President Obama nominate to replace Ginsburg?”

Posted at 10:06 AM by Howard Bashman



“Texas religious schools lose appeals court battle over ‘objectionable’ emergency contraception”: Allan Turner of The Houston Chronicle has this report. You can freely access the full text of the article via Google.

The Associated Press reports that “5th Circuit panel rejects challenge to birth control mandate.”

And at National Review’s “Bench Memos” blog, Matthew J. Franck has a post titled “Fifth Circuit Taken in by HHS Peek-a-Boo.”

My earlier coverage of Monday’s Fifth Circuit ruling appears at this link.

Posted at 10:00 AM by Howard Bashman



“Governors Seek to Curb Confederate Flag License Plates; Moves follow Charleston mass killing, Supreme Court ruling”: Jess Bravin of The Wall Street Journal has this report.

Posted at 9:50 AM by Howard Bashman



“I find myself increasingly uncomfortable with basing dismissals with prejudice on harmless procedural bobbles.” Yesterday, Seventh Circuit Judge Richard A. Posner issued a dissenting opinion that concludes:

The only argument in favor of such summary justice that I can imagine is that by punishing parties for their lawyers’ mistake we improve the quality of the bar; the lawyers who disserve their clients attract fewer new clients and eventually perhaps are forced to leave the practice — an example of the positive effect of competition on the quality of goods and services that a market provides. But while this is plausible in theory, I have to say that in more than 33 years as a federal court of appeals judge I have not noted any improvement in the average quality of the lawyers who appear before us. I find it difficult to believe that punishing Balagiannis and his lawyer by in effect a “fine” of $925,000 will promote the quality of legal representation in the courts of this circuit.

You can access yesterday’s complete Seventh Circuit ruling in the case at this link.

Posted at 8:32 AM by Howard Bashman



Tuesday, June 23, 2015

“Copyright Dispute Over Paparazzi Photos Gathers Heat at Appeals Court; The MPAA and Kickstarter are among those duking it out at the 9th Circuit over the implications of website content moderators”: Eriq Gardner has this post today at the “THR, Esq.” blog of The Hollywood Reporter.

Posted at 10:45 PM by Howard Bashman



“New London homeowners won public support, but constitutional argument did not save properties”: The Day of New London, Connecticut has this report.

Posted at 1:40 PM by Howard Bashman



“Court orders feds to find and return deported mother and daughter from Guatemala”: Franco Ordonez of McClatchy Washington Bureau has this report on a single-judge order that the U.S. Court of Appeals for the Third Circuit issued last Friday.

The order states, in full:

The Court would have granted Petitioners a stay of removal, but was informed that Petitioners were removed earlier today. The government is hereby ordered to use its best efforts to intercept Petitioners when they land tonight in Guatemala City and to return Petitioners to the United States immediately. If the government is unable to intercept Petitioners at the airport, they must locate Petitioners in Guatemala and return them to the United States as quickly as possible. Upon their return, Petitioners are granted a stay of removal pending disposition of their petition for review. If, upon contact, Petitioners inform the government that they do not want to return to the United States, the government shall secure a written memorialization to that effect — even if that writing is in Spanish.

Third Circuit Chief Judge Theodore A. McKee signed the order.

Posted at 10:42 AM by Howard Bashman



“Supreme Court Sides With Raisin Farmers in Property Rights Case”: Adam Liptak has this article in today’s edition of The New York Times.

In today’s edition of The Washington Post, Robert Barnes has an article headlined “High court rules on web-shooters and raisins, waits on more weighty cases.”

In today’s edition of The Los Angeles Times, David G. Savage has an article headlined “High court rules against raisin board in dispute over setting aside crops to prop up prices.”

Jess Bravin of The Wall Street Journal reports that “Supreme Court Strikes Down New Deal-Era Raisin Price-Support Program; Court: forcing raisin handlers to surrender some crops violates Constitution.”

Michael Doyle of McClatchy Washington Bureau reports that “Supreme Court decision on federal raisin rules likely to reshape industry.”

Warren Richey of The Christian Science Monitor reports that “Supreme Court raisin case a ‘great victory’ for property rights.”

Stephen Dinan of The Washington Times reports that “Justices rule federal government can’t seize California raisin crops to prop up prices.”

Lawrence Hurley of Reuters reports that “U.S. Supreme Court rules government must compensate farmers over raisin program.”

Greg Stohr of Bloomberg News reports that “Federal Raisin-Reserve Program Undercut by U.S. High Court.”

Yesterday evening’s broadcast of the PBS NewsHour contained a video segment titled “Rulings on raisins and hotel registries favor individual rights” featuring Marcia Coyle.

On yesterday evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “This California Raisin Grower Just Got His Day In The Sun.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Opinion analysis: Is the New Deal in new trouble?

Posted at 10:32 AM by Howard Bashman



“Justices Rule Police Must Obtain Warrant to Search Hotel or Motel Registries”: Adam Liptak has this article in today’s edition of The New York Times.

David G. Savage of The Los Angeles Times reports that “High court strikes down L.A. law on motel, hotel registry inspections.”

Jess Bravin of The Wall Street Journal reports that “Supreme Court Strikes Down Los Angeles Law on Police Access to Hotel Registers; Justices say without chance to challenge searches, officers could abuse their power.”

Bob Egelko of The San Francisco Chronicle reports that “U.S. Supreme Court sides with innkeepers on right to privacy.”

Warren Richey of The Christian Science Monitor reports that “Supreme Court sides with privacy rights in Los Angeles hotel case.”

Greg Stohr of Bloomberg News reports that “Hotel-Record Inspection Law Tossed Out by U.S. Supreme Court.”

Lawrence Hurley of Reuters reports that “U.S. Supreme court throws out Los Angeles ordinance giving police access to hotel records.”

Online at Slate, Dahlia Lithwick has a jurisprudence essay titled “Do Not Disturb: The Supreme Court rules that police can’t simply force hotels to turn over your private information.”

Online at Bloomberg View, law professor Noah Feldman has an essay titled “A Film Noir Trope Is Now Unconstitutional.”

And at the “Constitution Daily” blog of the National Constitution Center, Lyle Denniston has a post titled “Constitution Check: Did hotel or motel guests just gain more privacy?

Posted at 10:22 AM by Howard Bashman



“Justice Sotomayor Hides Good News For Abortion Clinics In An Obscure Case About Hotels”: Ian Millhiser has this post at ThinkProgres.

Posted at 10:12 AM by Howard Bashman



“Important cases still pending before the Supreme Court (and the decisions so far)”: David G. Savage of The Los Angeles Times has this report.

Posted at 10:05 AM by Howard Bashman



“The Roberts Court’s Surprising Move Leftward: This term so far shows potential for a greater percentage of liberal decisions than any since 1969.” “The Upshot” blog has this post in today’s edition of The New York Times.

Posted at 9:50 AM by Howard Bashman



“Supreme Court’s Ruling on the Affordable Care Act: What to Expect.” Joe Palazzolo had this post yesterday at WSJ.com’s “Law Blog.”

Posted at 9:44 AM by Howard Bashman



Monday, June 22, 2015

“In Spider-Man Toy Patent Case, Supreme Court Stands by Past Decision”: Adam Liptak will have this article in Tuesday’s edition of The New York Times.

Howard Fischer of The Arizona Daily Star reports that “Tucson Spider-Man web blaster inventor loses to Marvel.”

Lawrence Hurley of Reuters reports that “U.S. top court backs Marvel in Spider-Man toy dispute.”

At WSJ.com’s “Law Blog,” Brent Kendall has a post titled “Supreme Court Sticks to Precedent in Spider-Man Toy Case.”

Adam B. Lerner of Politico.com reports that “Elena Kagan brings her Spidey sensibility to Supreme Court ruling.”

Cronkite News reports that “Even superheroes have limits: Court turns down Spider-Man toy inventor.”

Joe Mullin of Ars Technica reports that “In Spider-Man toy case, Supreme Court bars payments for expired patents; If it ain’t broke, don’t fix it.”

Ted Johnson of Variety reports that “Marvel Wins Supreme Court Dispute Over Spider-Man Toy.”

At the “THR, Esq.” blog of The Hollywood Reporter, Eriq Gardner has a post titled “Marvel Wins Supreme Court Victory Over Spider-Man Toy; The high court decides to stick to a half century old rule that forbids patent holders from collecting royalties after the expiration date of the patent.”

Online at Vanity Fair, Tina Nguyen has a report headlined “Elena Kagan Wrote the Most Pro-Spider-Man Ruling in SCOTUS History; She does whatever a Kagan can.”

Online at Slate, Mark Joseph Stern has a post titled “Kagan Cites Spider-Man in Hilarious Supreme Court Decision.”

Paige Lavender of The Huffington Post reports that “Elena Kagan Fills Kimble v. Marvel Opinion With Spider-Man Easter Eggs.”

At the “Reliable Source” blog of The Washington Post, Emily Heil has an entry titled “Look out RBG: Elena Kagan might be pop culture’s new favorite justice.”

Frank Pallotta of CNN Money reports that “Justice Kagan weaves web of puns in Spider-Man patent case; With great patent cases, come great Supreme Court puns.”

At msnbc.com, Steve Benen reports that “Justice Kagan’s nerd credibility soars.”

And at “Patently-O,” Jason Rantanen has a post titled “Supreme Court Declines to Overrule Brulotte.”

Posted at 9:42 PM by Howard Bashman



“Exposing class action objectors: Lieff Cabraser, Ted Frank in ‘lurid’ dispute.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.

Posted at 8:14 PM by Howard Bashman



“A ‘view’ from the Courtroom: A web of intrigue as the Term winds down.” Mark Walsh has this post today at “SCOTUSblog.”

Posted at 6:12 PM by Howard Bashman



“The Supreme Court and the Art of Saving the Best Opinions For Last”: Brent Kendall has this post today at WSJ.com’s “Washington Wire” blog.

Posted at 1:38 PM by Howard Bashman



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

1. Justice Elena Kagan delivered the opinion of the Court in Kimble v. Marvel Enterprises, Inc., No. 13-720. Justice Samuel A. Alito, Jr. issued a dissenting opinion, in which Chief Justice John G. Roberts, Jr. and Justice Clarence Thomas joined. You can access the oral argument via this link.

2. Justice Sonia Sotomayor delivered the opinion of the Court in Los Angeles v. Patel, No. 13-1175. Justice Antonin Scalia issued a dissenting opinion, in which Chief Justice Roberts and Justice Thomas joined. And Justice Alito issued a dissenting opinion, in which Justice Thomas joined. You can access the oral argument via this link.

3. Justice Stephen G. Breyer delivered the opinion of the Court in Kingsley v. Hendrickson, No. 14-6368. Justice Scalia issued a dissenting opinion, in which Chief Justice Roberts and Justice Thomas joined. And Justice Alito issued a dissenting opinion. You can access the oral argument via this link.

4. And Chief Justice Roberts delivered the opinion of the Court in Horne v. Department of Agriculture, No. 14-275. Justice Thomas issued a concurring opinion. Justice Breyer issued an opinion concurring in part and dissenting in part, in which Justices Ruth Bader Ginsburg and Kagan joined. And Justice Sotomayor issued a dissenting opinion. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that “High court strikes down raisin program as unconstitutional“; “High court voids routine police check of hotel registries“; and “High court rules against Spider-Man toy inventor.”

And Richard Wolf of USA Today reports that “Supreme Court strikes down federal raisin program as unconstitutional“; “Justices block police searches of hotel registries“; and “Supreme Court cuts the string on Spider-Man toy inventor’s patent.”

Posted at 10:06 AM by Howard Bashman