How Appealing



Thursday, July 23, 2015

“So Far, States Haven’t Rushed To Embrace Execution Drug Approved By U.S. Supreme Court”: Chris McDaniel of BuzzFeed News has this report.

Posted at 7:30 PM by Howard Bashman



“To avoid this result in future cases, consideration should be given to requiring district judges to accompany their judgments in pro se cases with a statement of the options and associated deadlines for reconsideration or appeal of the judgment.” Circuit Judge Richard A. Posner issued this decision today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit in a case involving an imprisoned pro se appellant.

Posted at 1:36 PM by Howard Bashman



“Is the Supreme Court headed for ‘Bush v. Gore’ II?” Columnist Harold Meyerson has this essay online at The Washington Post.

Posted at 1:28 PM by Howard Bashman



“Wage Lawsuit Against Skadden Arps Can Proceed, Appeals Court Says; Case could enable temporary lawyers hired for routine document review to earn extra wages”: Sara Randazzo of The Wall Street Journal has this report. You can freely access the full text of the article via Google.

And Jonathan Stempel of Reuters reports that “Skadden loses ruling on overtime pay for lawyers.”

Today’s ruling of the U.S. Court of Appeals for the Second Circuit can be accessed here.

Posted at 1:18 PM by Howard Bashman



“‘Is Polygamy Next?’ as an argument for how not to answer that very question?” Kevin C. Walsh has this post today at “Mirror of Justice.”

Posted at 1:10 PM by Howard Bashman



“U.S. judge faults hedge fund founder’s ‘chutzpah,’ upholds conviction”: Jonathan Stempel of Reuters has this report.

According to the article:

Rakoff also rejected what he called Whitman’s contention that Carter Phillips, the prominent Supreme Court litigator, may have provided constitutionally ineffective assistance of counsel by not raising the personal benefit issue during the prior appeal.

You can access yesterday’s ruling of the U.S. District Court for the Southern District of New York at this link.

Posted at 9:42 AM by Howard Bashman



“Federal Appeals Court Begs SCOTUS To Revisit Abortion Rulings; The court struck down an aggressive antiabortion law, but it said the Supreme Court has put too many limits on the states”: Sam Baker of National Journal has this report.

Cheryl Wetzstein of The Washington Times reports that “‘Fetal heartbeat’ law struck down in North Dakota; However, ruling urges Supreme Court to re-examine its ‘viability’ thinking.”

The Forum of Fargo, North Dakota reports that “Appeals court affirms ruling blocking ND fetal heartbeat abortion ban.”

Sanya Mansoor of The Christian Science Monitor has an article headlined “Appeals Court lifts North Dakota abortion law; Who is winning the legal fight? A federal appeals court struck down a North Dakota law, considered by some as one of the most restrictive anti-abortion laws in the country.”

Reuters reports that “Appeals court permanently blocks N. Dakota ‘heartbeat’ abortion ban.”

And Jennifer Haberkorn of Politico.com reports that “North Dakota’s six-week abortion ban struck.”

My earlier coverage of yesterday’s Eighth Circuit ruling appears at this link.

Posted at 8:42 AM by Howard Bashman



“Does it matter who wins the Microsoft Ireland warrant case?” Orin Kerr has this post today at “The Volokh Conspiracy.”

Posted at 8:32 AM by Howard Bashman



“‘Somersaults of Statutory Interpretation’: Justice Scalia warns that his fellow justices’ opinions are a danger to the nation.” Alan B. Morrison has this jurisprudence essay online at Slate.

Posted at 8:30 AM by Howard Bashman



Wednesday, July 22, 2015

“Omnicare’s early impact: mixed and muted.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.

Posted at 9:57 PM by Howard Bashman



“Supreme Court activism prompts conservative calls for limits on judiciary”: Cheryl Wetzstein of The Washington Times has this report.

The Washington Post has a report headlined “Cruz: Inject political process into Supreme Court decision-making.”

The Los Angeles Times reports that “Ted Cruz takes on Supreme Court in bid for Republican voters’ attention.”

Colby Bermel of National Journal has an article headlined “Ted Cruz Sits in Judgment of the Supreme Court; The Texas Republican derides Justice Anthony Kennedy’s ‘pop psychology.’

Igor Bobic of The Huffington Post reports that “Ted Cruz Calls Gay Marriage Ruling The ‘Very Definition Of Tyranny’; The senator is ‘horrified’ by the Supreme Court’s ‘abuses.’

The Hill reports that “Cruz pushes retention elections for Supreme Court justices.”

And msnbc.com reports that “Ted Cruz goes after Supreme Court for ‘judicial tyranny.’

Posted at 9:48 PM by Howard Bashman



“Appeals court OKs tossing strict North Dakota abortion law”: The Associated Press has a report on a ruling that the U.S. Court of Appeals for the Eighth Circuit issued today.

Part III of the opinion, which Circuit Judge Bobby E. Shepherd issued on behalf of a unanimous three-judge panel consisting of only Republican appointees, contains a call for the U.S. Supreme Court to reevaluate its abortion jurisprudence to allow states to enact broader abortion bans.

Posted at 1:32 PM by Howard Bashman



“Do religious rights trump order to issue marriage licenses? A federal judge said Monday he would rule on whether the Rowan County Clerk should be required to issue marriage licenses to same-sex couples.” James Pilcher of The Cincinnati Enquirer has this report.

Posted at 1:08 PM by Howard Bashman



“Facebook Loses Appeal on New York Search Warrants”: James C. McKinley Jr. has this article in today’s edition of The New York Times reporting on a ruling that the New York State Supreme Court, Appellate Division, First Department issued yesterday.

In other coverage, The Associated Press reports that “Facebook loses in clash with prosecutors over users’ data.”

And today at “The Volokh Conspiracy,” Orin Kerr has a post titled “Facebook cannot challenge warrant on behalf of its users.”

Posted at 1:05 PM by Howard Bashman



“Critics of Solitary Confinement Are Buoyed as Obama Embraces Their Cause”: This article appears in today’s edition of The New York Times.

Posted at 1:00 PM by Howard Bashman



“FAN 69 (First Amendment News) Justice Alito discusses four First Amendment cases in Kristol interview — Free-Speech Jurisprudence Comes into Sharper Focus”: Ronald K.L. Collins has this post today at “Concurring Opinions.”

Posted at 8:30 AM by Howard Bashman



Tuesday, July 21, 2015

“Samuel Alito and the Slippery Slope of Liberty: The conservative justice suggests progressives should be just as worried as he is about the Supreme Court’s ruling on gay marriage.” Russell Berman has this article online today at The Atlantic.

Posted at 10:50 PM by Howard Bashman