How Appealing



Thursday, August 27, 2015

“Indiana justices hear challenge to BMV’s license plate rules; State Supreme Court must decide whether agency’s process on approving messages on personalized plates is unconstitutional or a necessary governmental right”: The Indianapolis Star has a news update that begins, “The Indiana Supreme Court justices must decide whether the letters and numbers on a personalized license plate is a form of government speech that should be controlled, or a person’s speech that should be protected by the First Amendment.”

Posted at 7:52 PM by Howard Bashman



“Arkansas’s Mixed Religious Messages”: Online at Bloomberg View, Noah Feldman has an essay that begins, “Arkansas, which is poised to erect a new Ten Commandments monument on the grounds of its state capitol, has just rejected a request by a Hindu group to erect a statue of the god Hanuman there.”

Posted at 6:03 PM by Howard Bashman



“New SCOTUS briefs: 2nd Circuit didn’t change insider trading law in Newman case.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.

Posted at 5:55 PM by Howard Bashman



“‘Sister Wives’ family points to same-sex marriage cases in arguing against Utah polygamy ban”: “The Polygamy Blog” of The Salt Lake Tribune has a post that begins, “The family of Kody Brown on Wednesday answered Utah’s appeal to reinstate a ban on polygamy, and the family’s brief is notable for what’s there now that wasn’t before.”

You can access at this link the Brief of Appellees filed yesterday in the U.S. Court of Appeals for the Tenth Circuit.

Posted at 12:14 PM by Howard Bashman



“Doubting Jennifer Herndon: An appeals lawyer who has represented more than a half-dozen men put to death in Missouri faces questions about her competency.” Ken Armstrong of The Marshall Project has this report.

Posted at 10:44 AM by Howard Bashman



“Richard family’s stance would have influenced Tsarnaev juror”: Patricia Wen of The Boston Globe has an article that begins, “One of the 12 jurors who agreed to sentence Boston Marathon bomber Dzhokhar Tsarnaev to death said he ‘probably’ would have changed his mind if he had known that some victims opposed capital punishment in the case.”

The article reports on a WBUR-FM audio segment titled “‘Juror 83’ Is First Tsarnaev Juror To Speak About Trial Experience, Death Penalty Decision.”

Posted at 10:42 AM by Howard Bashman



“What’s next in N.J”s sports betting bid after court rejects plan?” NJ.com has this report. Earlier, NJ.com reported that “Federal appeals court rejects N.J.’s latest bid for legal sports betting.”

The Record of Hackensack, New Jersey reports that “Federal ban on N.J. sports betting upheld by appeals panel.”

Yesterday’s edition of The New York Times contained an article headlined “New Jersey’s Effort to Legalize Sports Betting Is Denied on Appeal.”

In yesterday’s edition of The Philadelphia Inquirer, Chris Mondics had an article headlined “Federal judges overturn N.J. sports betting law again.”

Bloomberg News reports that “Christie-Backed Betting Law in New Jersey Blocked by Court.”

Reuters reports that “U.S. appeals court rules against New Jersey sports betting law.”

And The Associated Press reports that “Federal ban on sports betting upheld by appeals panel.”

You can access Tuesday’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link. Because a senior Third Circuit judge provided the decisive vote (Donald Trump’s sister, in fact), this case would appear to have a better than average chance at rehearing en banc.

Posted at 9:18 AM by Howard Bashman