How Appealing



Monday, August 17, 2015

“In 2016, your vote counts for Supreme Court; With 3 justices older than 80 by inauguration, titanic battle on the way”: Tony Mauro has this essay online at USA Today.

Posted at 8:40 AM by Howard Bashman



Sunday, August 16, 2015

“When Public Servants Refuse to Serve the Public: Government employees have an obligation to follow the letter of the law despite their religious convictions — or else resign the offices they hold.” Law professor Garrett Epps has this essay online today at The Atlantic.

Posted at 11:45 PM by Howard Bashman



“The Trials of Ed Graf: In 1988, he was convicted of killing his stepsons — based on arson science we now know is bunk; A quarter of a century later, Texas granted him a new trial, one that pitted modern forensics against old-fashioned Texas justice.” Jeremy Stahl has this jurisprudence essay online at Slate.

Posted at 10:07 PM by Howard Bashman



“Exclusion of Blacks From Juries Raises Renewed Scrutiny”: Adam Liptak will have this article in Monday’s edition of The New York Times.

Posted at 9:40 PM by Howard Bashman



“Who needs en banc? Not 2nd Circ. panel in London Whale derivative case.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight had this report on Friday.

Posted at 2:56 PM by Howard Bashman



Saturday, August 15, 2015

“Supreme Court’s Gay-Marriage Ruling Allows Something Else: Gay Divorce; Some same-sex couples have been waiting years to divorce; June’s decision means they can.” Lindsay Ellis has this article in today’s edition of The Wall Street Journal. You can freely access the full text of the article via Google.

Posted at 1:25 PM by Howard Bashman



“Angola death row heat case may head to U.S. Supreme Court after 5th Circuit rejects inmates’ rehearing request; Death-row inmates say extreme temps a health hazard”: The Advocate of Baton Rouge, Louisiana has this report.

Posted at 1:18 PM by Howard Bashman



“The Affordable Care Act in court: Obamacare’s haters won’t stop hating.” Steven Mazie has this post at the “Democracy in America” blog of The Economist.

Posted at 1:15 PM by Howard Bashman



“Will Supreme Court force DHS to divulge secret plan to cut cell service? Feds, lower courts say release of the full plan would ‘endanger’ public safety.” David Kravets of Ars Technica has this report today.

Posted at 1:14 PM by Howard Bashman



Friday, August 14, 2015

“New justice debuts in case on fatal crash”: Bob Egelko of The San Francisco Chronicle has a blog post that begins, “A city that plants a tree in a potentially dangerous place in the median of a heavily traveled street can’t avoid responsibility for a fatal crash just because the crash was caused by another driver. That was the conclusion of the California Supreme Court this week in the first majority opinion by Gov. Jerry Brown’s most recent appointee, Justice Leondra Kruger.”

You can access yesterday’s unanimous ruling of the Supreme Court of California at this link.

Posted at 11:30 PM by Howard Bashman



“Death penalty ruling may pave way for national abolitionists”: The Associated Press has a report that begins, “A sweeping decision this week by the Connecticut Supreme Court that found the death penalty no longer meets society’s evolving standards of decency could be influential across a nation that is increasingly questioning the practice, legal experts said.”

Posted at 4:12 PM by Howard Bashman



“Judge Quotes Samuel Alito In Ruling Against Alabama Abortion Restriction”: Tierney Sneed of TPM DC has this report today.

In other coverage, Brian Lyman of The Montgomery Advertiser has a news update headlined “Federal judge: Ala. abortion regulation harms women.”

And AL.com reports that “Federal judge temporarily blocks rule that had halted abortions at Tuscaloosa clinic.”

You can access yesterday’s ruling of the U.S. District Court for the Middle District of Alabama at this link.

Posted at 4:08 PM by Howard Bashman



“Prenda-linked copyright trolling lawyer Paul Duffy dead at age 55; The Cook County Medical Examiner has not yet declared a cause of death”: Megan Geuss of Ars Technica has this report today.

Posted at 2:09 PM by Howard Bashman



“Appeals court tosses Arpaio’s challenge to ‘dreamer’ laws”: Howard Fischer of The Arizona Daily Star has this news update.

Brent Kendall of The Wall Street Journal has a news update headlined “Federal Appeals Court Rejects Sheriff Arpaio’s Lawsuit on Obama Immigration Policies; U.S. government still facing a more prominent case out of Texas, which involves 26 states.” You can freely access the full text of the article via Google.

Stephen Dinan of The Washington Times has a news update headlined “Appeals court rejects Arpaio challenge to Obama deportation amnesty; Judge says amnesty ‘arguably crosses the line.’

Lawrence Hurley of Reuters reports that “Court throws out Arizona sheriff’s immigration policy challenge.”

Ariane de Vogue of CNN.com reports that “Appeals court drops Joe Arpaio immigration case.”

And Josh Gerstein of Politico.com has a blog post titled “Court rejects suit over Obama immigration moves.”

You can access today’s ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.

Posted at 1:44 PM by Howard Bashman



“Couple in gay marriage court case now licensed to wed; Lesbian couple who took their fight for marriage equality to the United States Supreme Court and won will wed Aug. 22”: The Detroit Free Press has this news update.

Posted at 1:10 PM by Howard Bashman



Thursday, August 13, 2015

Ninth Circuit to consider imposing sanctions against U.S. Department of Justice attorney for “improper oral argument” based on a Los Angeles Times article published just days before oral argument: You can access at this link a rather interesting order that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.

The Los Angeles Times article in question, as now available online, was headlined “Sex offender accused of assaulting teen was in U.S. illegally, officials say.” The oral argument video can be viewed online at YouTube at this link, advanced to the precise moment where the Justice Department attorney begins to reference the article in question.

Circuit Judge Kim McLane Wardlaw, who presided over the Ninth Circuit’s recent oral argument in the case, was the author of an opinion from 2013 that the identical three-judge panel issued requiring bond hearings for immigration detainees after 180 days. This blog’s earlier coverage of that ruling can be accessed here.

During last month’s Ninth Circuit oral argument in the case, it appears that the Justice Department’s attorney was suggesting that the Ninth Circuit’s 2013 ruling in the case helped bring about the resulting sex offender assault, while Judge Wardlaw maintained that it was the presiding Immigration Judge, also a Justice Department employee, who is responsible for letting a sex offender obtain bail under circumstances in which no reasonable jurist would find bail appropriate. In any event, the oral argument video shows that Judge Wardlaw was at least as familiar with the LA Times article as the arguing Justice Department attorney.

Update: In earlier coverage of the oral argument, Courthouse News Service reported that “DOJ Blasted for Timing and Use of News Story.”

Posted at 8:50 PM by Howard Bashman



“The Strangest Campaign Pledge: Why it makes sense to support a candidate who vows to straighten out democracy and then quit.” Online today at Slate, law professor Eric Posner has an essay that begins, “On Tuesday Lawrence Lessig, a Harvard law professor, announced that he would run for president if he receives $1 million in donations by Labor Day.”

Posted at 1:38 PM by Howard Bashman



“Connecticut Supreme Court Rules Death Penalty Unconstitutional, Bars Execution Of Any Inmate”: Edmund H. Mahony of The Hartford Courant has this news update.

And The Associated Press reports that “Connecticut’s top court overturns death penalty in state.”

Today’s 4-to-3 ruling of the Supreme Court of Connecticut consists of a 92-page majority opinion, two concurring opinions (here and here), and three dissenting opinions (here, here, and here).

Update: In other coverage, The New York Times reports that “Connecticut Death Penalty Law Is Unconstitutional, Court Rules.”

Reuters reports that “Connecticut’s top court bans death penalty in state.”

And Chris McDaniel of BuzzFeed News reports that “Connecticut High Court Nixes Death Sentences For 11 Remaining Death Row Inmates.”

Posted at 11:54 AM by Howard Bashman