How Appealing



Tuesday, June 16, 2015

“Gun rights in California: Court uncertain about concealed carry laws.” Howard Mintz of The San Jose Mercury News has this report.

And at her “Trial Insider” blog, Pamela A. MacLean has a post titled “Gun Advocates Grilled on Concealed Carry Challenge.”

The U.S. Court of Appeals for the Ninth Circuit has posted online on YouTube at this link the video of today’s reargument en banc before an 11-judge panel in Edward Peruta v. County of San Diego. Attorney Paul D. Clement argued the appeal on behalf of Peruta.

In earlier coverage, Southern California Public Radio 89.3 KPCC previewed the oral argument in a report titled “CA Court of Appeals hears concealed-carry case, gun rights and restrictions at stake.”

The Rocky Hill Patch has an article headlined “Rocky Hill Man at Center of High-Profile Case; Edward Peruta is the lead plaintiff in a federal lawsuit that seeks to overturn California’s system of issuing concealed-weapon permits.”

And Dave Gilson of Mother Jones recently had an article headlined “Meet the F-Bomb-Spewing Ex-Cop Behind the NRA’s Move to Topple California’s Gun Laws; ‘You don’t like it? Change the fuckin’ Constitution!’ says Edward Peruta.”

Posted at 11:00 PM by Howard Bashman



“American Express loses emergency bid to block U.S. card injunction”: Jonathan Stempel of Reuters has a report that begins, “A federal appeals court on Tuesday rejected American Express Co’s emergency request to halt an injunction that requires the company to let merchants steer customers toward lower-cost cards offered by competitors.”

Posted at 10:50 PM by Howard Bashman



“Activists fighting to free Lolita tell court that feds ‘rubber stamp’ Seaquarium license”: In March 2015, David Ovalle of The Miami Herald had an article that begins, “The government ‘rubber stamps’ the license for the Miami Seaquarium despite the park keeping Lolita the killer whale in inhumane conditions, an animal rights group told a federal appeals court Tuesday.”

Yesterday, a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued this ruling affirming the entry of summary judgment dismissing the activists’ suit.

Posted at 9:54 PM by Howard Bashman



“Supreme Court Takes a Pass on Reach of U.S. Antitrust Law”: Brent Kendall had this post yesterday at WSJ.com’s “Law Blog.”

Posted at 11:42 AM by Howard Bashman



“Radcliffe Day 2015: The Roberts Court, from 2005 to Today.” Harvard University has posted this video online today at YouTube.

Posted at 11:40 AM by Howard Bashman



“A Judge’s Judge”: Today at “Dorf on Law,” law professor Eric Segall has a post that begins, “The 27th floor view of the sun glistening off Lake Michigan is simply stunning. In front of shelves lined with over forty of his own books, Judge Richard Posner shakes my hand warmly.” The post describes the week that Segall spent shadowing Judge Posner.

Posted at 10:22 AM by Howard Bashman



“Supreme Court Refuses to Hear Case on Pre-Abortion Ultrasounds”: Adam Liptak has this article in today’s edition of The New York Times.

Robert Barnes of The Washington Post reports that “Supreme Court lets stand ruling that struck down N.C. abortion law.”

David G. Savage of The Los Angeles Times reports that “Supreme Court declines to hear appeal of North Carolina abortion law.”

The News & Observer of Raleigh, North Carolina reports that “US Supreme Court declines to take up the NC ultrasound law.”

And The Charlotte Observer reports that “US Supreme Court refuses to review NC abortion ruling.”

Posted at 8:35 AM by Howard Bashman



Monday, June 15, 2015

“Justices’ Words Are Combed for Clues as Major Decisions Loom at Court”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 10:44 PM by Howard Bashman



“Justices Uphold Denial of Visa to Afghan Husband of American Woman”: Adam Liptak will have this article in Tuesday’s edition of The New York Times.

Robert Barnes of The Washington Post reports that “Justices say it’s enough to cite terrorism in declining visa applicant.”

David G. Savage of The Los Angeles Times reports that “Fremont woman loses Supreme Court appeal to get visa for Afghan husband.”

Richard Wolf of USA Today reports that “Justices say U.S. citizen cannot appeal Afghan husband’s visa denial.”

Bob Egelko of The San Francisco Chronicle reports that “Fremont woman loses bid to learn why husband denied a visa.”

Greg Stohr of Bloomberg News reports that “Challenges to Spouse’s Visa Denial Curbed by U.S. High Court.”

Lawrence Hurley of Reuters reports that “U.S. top court rejects wife’s challenge to Afghan husband’s visa denial.”

Sam Hananel of The Associated Press has a report headlined “Court: Spouse can’t protest husband’s visa denial.”

And on this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had a report titled “High Court Sides With Government On Spousal Visa Denial.”

In commentary, online at Bloomberg View, law professor Noah Feldman has an essay titled “For Now, There’s No Constitutional Right to Marriage.”

Online at Slate, Dahlia Lithwick has an essay titled “Supreme Court: American Woman Had No Right to Know Why Her Husband Was Denied a U.S. Visa.” And Mark Joseph Stern has an essay titled “Did Scalia and Roberts Just Reveal How They’ll Vote on Marriage Equality?

And at ThinkProgress, Ian Millhiser has an essay titled “Justice Scalia Turns Obscure Immigration Case Into A Proxy War Over Marriage Equality.”

You can access today’s ruling of the U.S. Supreme Court in Kerry v. Din, No. 13-1402, at this link.

Posted at 10:16 PM by Howard Bashman



In news coverage of today’s U.S. Supreme Court Order List: The Associated Press reports that “Court to rule on tribal courts’ powers over non-Indians” and “Supreme Court won’t revive North Carolina abortion law.”

Lawrence Hurley and Letitia Stein of Reuters report that “U.S. justices refuse to restore North Carolina abortion ultrasound law.” Hurley also has reports headlined “U.S. top court rejects AU Optronics over $500 million price-fixing fine” and “U.S. top court rejects Iraq bid to revive ‘oil-for-food’ lawsuit.”

Greg Stohr of Bloomberg News reports that “Abortion Curbs Voided as U.S. Supreme Court Rejects North Carolina; Rejecting the state’s appeal, the justices left intact a federal appeals court ruling that said the measure violated doctors’ speech rights.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “A gesture in favor of a woman’s abortion choice.”

Lastly, in Hittson v. Chatman, No. 14-8589, Justice Ruth Bader Ginsburg issued a concurrence, in which Justice Elena Kagan joined, in the denial of certiorari. Justice Ginsburg’s concurrence suggests that the U.S. Court of Appeals for the Eleventh Circuit may wish to grant rehearing en banc in Wilson v. Warden, No. 14-10681. You can access the pending rehearing petition at this link. The Eleventh Circuit has already issued this order directing a response to the rehearing petition and allowing a reply to the response. Both the response and a reply have since been filed.

Posted at 9:00 PM by Howard Bashman



“Justice Scalia finds out that if you live by the sword, you die by the sword”: Senior U.S. District Judge Richard G. Kopf had this post yesterday at his “Hercules and the umpire” blog.

Posted at 8:30 PM by Howard Bashman



“SCOTUS foreign antitrust cert denials show different tests for civil, criminal cases”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.

Posted at 8:04 PM by Howard Bashman



Sunday, June 14, 2015

Programming note: On Monday, I will be delivering an appellate oral argument at the Commonwealth Court of Pennsylvania in Harrisburg. As a result, additional posts will not appear here until late Monday afternoon.

At 9:30 a.m. eastern time on Monday, the U.S. Supreme Court is scheduled to issue an Order List, which can be accessed via this link shortly after that time. And starting shortly after 10 a.m. eastern time on Monday, the U.S. Supreme Court is scheduled to issue rulings in argued cases, which can be accessed via this link soon thereafter.

Early news of the Supreme Court’s orders and rulings can be accessed via the U.S. Law Week Twitter feed and also via the “SCOTUSblog” live blog.

Posted at 11:38 PM by Howard Bashman



“Scalia’s Originalist Sin in Passport Case”: Kenneth Jost had this post yesterday at his blog, “Jost on Justice.”

Posted at 11:30 PM by Howard Bashman



“Torrington judge looking forward to serving on Wyoming Supreme Court”: The Star-Herald of Scottsbluff, Nebraska has this report.

Posted at 11:00 PM by Howard Bashman



“Justice Ruth Bader Ginsburg in Conversation with California Associate Justice Goodwin Liu”: The American Constitution Society has posted the video of yesterday’s conversation online at YouTube at this link.

Posted at 1:42 PM by Howard Bashman



“Looking for clues to Supreme Court’s final rulings in Ginsburg’s good mood”: Robert Barnes of The Washington Post has this report.

Posted at 1:40 PM by Howard Bashman



Saturday, June 13, 2015