How Appealing



Friday, July 17, 2015

“Republicans Setting Sights on Same-Sex Marriage Law”: Jonathan Weisman will have this article in Saturday’s edition of The New York Times.

Posted at 9:50 PM by Howard Bashman



“SCOTUS history backs 2nd Circuit insider trading opinion in Newman: law prof.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.

Posted at 5:12 PM by Howard Bashman



“How King v. Burwell Will Save the Little Sisters of the Poor”: Josh Blackman has this essay online at National Review.

Posted at 3:30 PM by Howard Bashman



“The question in this case is whether a Connecticut rule restricting the use of certain teeth-whitening procedures to licensed dentists is unconstitutional under the Due Process or Equal Protection Clauses.” Senior Circuit Judge Guido Calabresi issued this opinion today on behalf of a three-judge panel of the U.S. Court of Appeals for the Second Circuit.

Circuit Judge Christopher F. Droney issued a concurring opinion that begins:

I join the majority opinion in its conclusion that the Dental Commission’s declaratory ruling is rationally related to the state’s legitimate interest in protecting the public health. Because this is sufficient to resolve the appeal, I would not reach the question of whether pure economic protectionism is a legitimate state interest for purposes of rational basis review. The majority having chosen to address that issue, I write separately to express my disagreement.

Paul M. Sherman of the Institute for Justice argued the case on the appellant’s behalf.

Posted at 1:22 PM by Howard Bashman



“The Clash of Old and New Fourth Circuit Ideologies: Boyer-Liberto v. Fontainebleau Corp. and the Moderation of the Fourth Circuit.” Law professor Brian S. Clarke has posted this paper online at SSRN.

Posted at 12:56 PM by Howard Bashman



“The Right to Earn a Living Deep in the Heart of Texas”: Ilya Shapiro and Randal Meyer have this post today at the “Cato at Liberty” blog.

Posted at 12:52 PM by Howard Bashman



Thursday, July 16, 2015

“Pitchforking the Fourth Circuit’s Take on Usher and Bieber’s ‘Somebody to Love'”: Chris Mincher has this post today at the “Maryland Appellate Blog.”

Posted at 8:46 PM by Howard Bashman



“Wisconsin Supreme Court ends John Doe probe into Scott Walker’s campaign”: Patrick Marley of The Milwaukee Journal Sentinel has a news update that begins, “Dealing Gov. Scott Walker a victory just as his presidential campaign gets underway, the Wisconsin Supreme Court ruled Thursday the governor’s campaign and conservative groups had not violated campaign finance laws in recall elections in 2011 and 2012.”

The Wisconsin State Journal has a news update headlined “Supreme Court ends John Doe probe that threatened Scott Walker’s presidential bid.”

Monica Davey of The New York Times has a news update headlined “Scott Walker 2012 Campaign Inquiry Ended by Wisconsin Court.”

The Associated Press reports that “Wisconsin court ends probe of presidential hopeful Walker.”

Bloomberg News reports that “Walker Campaign Fund Probe Ended by Wisconsin’s High Court.”

Adam B. Lerner of Politico.com reports that “Wisconsin Supreme Court rules Walker didn’t violate campaign finance laws.”

CNN.com reports that “Wisconsin Supreme Court quashes Walker investigation.”

And at his “Election Law Blog,” Rick Hasen has a post titled “Analysis of Wisconsin John Doe Ruling: Bad News for Campaign Finance Laws.”

You can access today’s 4-to-2 ruling of the Supreme Court of Wisconsin at this link.

Posted at 10:15 AM by Howard Bashman



Wednesday, July 15, 2015

“Fates Worse Than Death? Justice Kennedy’s own logic shows why he should make the Supreme Court abolish capital punishment.” Dahlia Lithwick has this jurisprudence essay online at Slate.

Posted at 8:40 PM by Howard Bashman



“Justice Kennedy compares gay marriage uproar to flag burning”: The Associated Press has a report that begins, “U.S. Supreme Court Justice Anthony Kennedy on Wednesday likened controversy over the court’s decision to allow gay marriage to public reaction over the 1989 ruling that said burning an American flag was protected free speech.”

And The San Diego Union-Tribune has a news update headlined “Justice Kennedy: ‘Constitution is yours’; Swing member of Supreme Court speaks in San Diego on controversial rulings, solitary confinement.”

Posted at 8:34 PM by Howard Bashman



“Media, tech companies ask SCOTUS to restrict class actions in Spokeo”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.

Posted at 8:24 PM by Howard Bashman



“Its Goal Met, Gay-Marriage Advocacy Group Will Shut Down; Organization says that with Supreme Court ruling, it ‘achieved the goal’ it sought”: Jess Bravin of The Wall Street Journal has this report.

Posted at 8:44 AM by Howard Bashman



“Justice Department disputes right to Cebull emails”: The Great Falls Tribune has an article that begins, “The U.S. Department of Justice filed its rebuttal late Monday to a First Amendment case seeking racist emails sent by a former chief district judge for Montana.”

Posted at 8:40 AM by Howard Bashman



Tuesday, July 14, 2015

“Robert H. Jackson Lecture with Laurence Tribe”: The Chautauqua Institution posted this video online yesterday at YouTube.

Posted at 11:38 PM by Howard Bashman



The author of this blog has been named one of the “Fastcase 50 for 2015”: Featuring this very kind write-up:

In Bashman news… Howard Bashman is the prolific author of the long-running appellate blog “How Appealing,” a daily must-read for the appellate practitioner who wants to cover all of the bases. You know a story has made it to the big leagues when it’s linked to in one of Howard’s frequent, streamlined posts. In addition to “How Appealing,” Howard writes a monthly column for The Legal Intelligencer, where he provides insight (dare we say “inside baseball”) on the Pennsylvania and Third Circuit courts and other appellate news. Lest you think Howard is all business all the time, he also posts box scores for his beloved Phillies (he should win the award simply for sticking with them this season) as well as the occasional story out of left field about “bash man” news in which some poor soul is inevitably bashed by an object. We can’t wait to see what’s on deck next for Howard.

Among the other honorees this year (in alphabetical order) are law professor Eric Goldman, U.S. Magistrate Judge Paul Grewal, California Supreme Court Justice Goodwin H. Liu, and U.S. Solicitor General Donald B. Verrilli, Jr.

You can view the entire “Fastcase 50 for 2015” via this link.

Posted at 8:30 PM by Howard Bashman



“Justice Scalia: Why he’s a bad influence.” Online at The Los Angeles Times, law professor Erwin Chemerinsky has an op-ed that begins, “Justice Antonin Scalia is setting a terrible example for young lawyers. Ignore, for now, his jurisprudence, his famously strict originalism; it’s his tone that’s the problem.”

Posted at 8:05 PM by Howard Bashman



“Clarence Thomas’s Unusual Evolution: The ‘silent justice’ has always marched to his own drum, and in the past year that drumbeat has become more distinct and strange.” Law professor Garrett Epps has this essay online today at The Atlantic.

Posted at 5:02 PM by Howard Bashman



“Denver’s Little Sisters of the Poor lose contraception coverage ruling; 10th Circuit Court of Appeals rules against Catholic sisters offering elder care in case over contraception mandate”: The Denver Post has this news update.

Tom Howell Jr. of The Washington Times has a news update headlined “Federal appeals court refuses nuns’ plea for relief from birth control mandate.”

The Associated Press has a report headlined “Court: New health law doesn’t infringe on religious freedom.”

And The Hill has an article headlined “Court: Nuns must comply with ObamaCare’s birth control mandate.”

You can access today’s 133-page ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit at this link.

Posted at 2:30 PM by Howard Bashman



“US Supreme Court Report Card: How Third Circuit Fared This Term.” Today’s edition of The Legal Intelligencer — Philadelphia’s daily newspaper for lawyers — contains this month’s installment of my “Upon Further Review” column.

Therein, I write:

The Supreme Court decided three cases from the Third Circuit on direct review, and the court reversed in all three. Adding insult to injury, of the 27 votes that the nine justices cast in those three cases, the Third Circuit received only a grand total of one-and-a-half votes in favor of affirmance. Even the Philadelphia Phillies’ starting position players this year have better batting averages than that.

Fortunately, delving deeper into the statistics, which I do later in the column, produces some better news for the Third Circuit this past Term at the U.S. Supreme Court.

You can freely access the full text of this month’s column via Google News.

Posted at 2:20 PM by Howard Bashman



Monday, July 13, 2015

“Colorado renewable energy standard constitutional, judge rules; Washington institute claimed in lawsuit state’s mandate limits out-of-state coal plants”: The Denver Post has this report.

And The Associated Press reports that “Appeals court upholds Colorado’s renewable energy mandate in interstate commerce challenge.”

Circuit Judge Neil M. Gorsuch‘s opinion today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit begins, “Can Colorado’s renewable energy mandate survive an encounter with the most dormant doctrine in dormant commerce clause jurisprudence?”

Posted at 10:06 PM by Howard Bashman