How Appealing



Tuesday, August 11, 2015
Monday, August 10, 2015

“Issue of where to move Guantanamo detainees threatens closure plan”: Adam Goldman and Missy Ryan will have this article in Tuesday’s edition of The Washington Post.

Posted at 11:09 PM by Howard Bashman



“Transgender inmate ‘kind of in shock’ about state decision to allow surgery”: Bob Egelko has this blog post today at The San Francisco Chronicle.

Posted at 11:06 PM by Howard Bashman



“New or forthcoming books on the Supreme Court, including one by Justice Stephen Breyer”: Ronald Collins has this post today at “SCOTUSblog.”

Posted at 5:30 PM by Howard Bashman



“Industry, States Set to Fight EPA Greenhouse Gas Rules; Lawsuits would challenge rules requiring significant cuts in power-plant carbon emissions”: Brent Kendall and Amy Harder have 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 5:28 PM by Howard Bashman



“Ninth Circuit Gives Unmarried Couples Double The Mortgage Interest Deduction Available To Married Couples”: Paul Caron has this post today at “TaxProf Blog” about a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued on Friday.

Because a judge sitting by designation from another circuit provided the decisive vote on the three-judge panel, the case could have a better than average chance of attaining rehearing en banc should the IRS opt to pursue that remedy.

Posted at 12:01 PM by Howard Bashman



“Partisan Attacks on Voting Rights Tested in Court”: Kenneth Jost had this post yesterday at his blog, “Jost on Justice.”

Posted at 11:56 AM by Howard Bashman



“D.C. Circuit won’t rehear ‘origination clause’ suit against Obamacare; Plaintiffs will take fight to Supreme Court”: Tom Howell Jr. of The Washington Times has this report.

At “SCOTUSblog,” Lyle Denniston has a post titled “Health insurance mandate survives again.”

And at ThinkProgress, Ian Millhiser has a post titled “Conservative Federal Judges Wave The White Flag On Obamacare.”

My earlier coverage of Friday’s D.C. Circuit order can be accessed here.

Posted at 11:44 AM by Howard Bashman



“We consider the constitutionality of a decision to impound a vehicle based on a community-caretaking justification. Such impoundments have been the topic of substantial debate and disagreement among our sibling circuits.” So began a decision that a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued on Friday.

Posted at 9:14 AM by Howard Bashman



“In this appeal we consider whether a hyperlink to a document containing a forum selection clause may be used to reasonably communicate that clause to a consumer.” So began a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit issued on Friday. The panel answered the question “yes,” requiring the plaintiff to litigate her case in Canada.

Posted at 8:42 AM by Howard Bashman



Sunday, August 9, 2015

“U.S. ‘supermax’ prison: ‘Alcatraz of the Rockies’ is seen as ‘inhuman and degrading.'” Richard A. Serrano has this front page article in today’s edition of The Los Angeles Times.

Posted at 11:34 PM by Howard Bashman



“If Kennedy is looking for a solitary-confinement case, an inmate has one”: Robert Barnes will have this article in Monday’s edition of The Washington Post.

Posted at 10:12 PM by Howard Bashman



Friday, August 7, 2015
Thursday, August 6, 2015

“Maine’s high court spurns LePage in veto dispute; The Maine Supreme Judicial Court says the governor misread the Maine Constitution as it rules in favor of the Legislature in a dispute over 65 new laws”: The Portland Press Herald has this news update.

Reuters reports that “Maine court upholds 65 new laws after governor misses veto deadline.”

And The Associated Press has a report headlined “Maine court: 65 bills are law after LePage misses deadline.”

You can access today’s ruling of the Supreme Judicial Court of Maine at this link.

Posted at 10:18 PM by Howard Bashman



“Appeals Court Ruling Sets Higher Bar for Cellphone Searches; Federal agents violated suspects’ rights in obtaining records without a warrant”: Joe Palazzolo has this article in today’s edition of The Wall Street Journal. You can freely access the full text of the article via Google.

Jonathan Stempel of Reuters reports that “US court says warrant needed for mobile phone location data.”

The Associated Press reports that “Appeals court rules warrant required for cellphone tracking.”

David Kravets of Ars Technica reports that “Warrant required for mobile phone location tracking, US appeals court rules; Fed’s position would ‘convert an individual’s cell phone into a tracking device.’”

And at “The Volokh Conspiracy,” Orin Kerr has posts titled “Fourth Circuit adopts mosaic theory, holds that obtaining ‘extended’ cell-site records requires a warrant” and “When and how will the Supreme Court enter the cell-site fray?”

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

Posted at 8:44 PM by Howard Bashman



“Abortion and the law: The eighth circuit court embarrasses itself.” Steven Mazie had this post yesterday at the “Democracy in America” blog of The Economist.

Posted at 2:20 PM by Howard Bashman



“SCOTUSblog on camera: Walter Dellinger (Part two).” This post, the second of five parts, appeared yesterday at “SCOTUSblog.”

Posted at 2:15 PM by Howard Bashman



“Texas ID Law Called Breach of Voting Rights Act”: Erik Eckholm has this front page article in today’s edition of The New York Times.

In today’s edition of The Wall Street Journal, Jess Bravin has an article headlined “Appeals Court Rules Texas Voter-ID Law Must Be Relaxed; Fifth Circuit says current requirements illegally obstruct blacks and Hispanics from voting.”

Timothy M. Phelps of The Los Angeles Times reports that “U.S. appeals court declares Texas voter ID law discriminatory.”

Reuters reports that “Appeals court strikes down ‘discriminatory’ Texas voter ID law.”

The Associated Press has reports headlined “Federal court says Texas voter ID violates Voting Rights Act” and “How latest federal court ruling affects Texas’ voter ID law.”

Bloomberg News reports that “Texas Voter ID Law Found to Discriminate Against Minorities.”

Ryan J. Reilly and Samantha Lachman of The Huffington Post report that “Federal Appeals Court Rules Texas Voter ID Law Violates Voting Rights Act; The law is one of the nation’s strictest.”

The Texas Tribune has a report headlined “Court: Texas Voter ID Law Violates Voting Rights Act.”

And today at “SCOTUSblog,” Lyle Denniston has a post titled “Texas voter ID law ruled invalid — in part.”

You can access yesterday’s ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.

Posted at 2:14 PM by Howard Bashman



“Senate splits town, leaves judicial nominees hanging”: Al Kamen of The Washington Post has this entry today at his “In the Loop” blog.

Posted at 1:42 PM by Howard Bashman



Programming note: Due to a meeting out of the office this morning on a new case, additional posts will not appear here until this afternoon.

As always, in the interim, additional appellate-related news may appear on this blog’s Twitter feed.

Posted at 7:28 AM by Howard Bashman



Wednesday, August 5, 2015

“Mortgage lender attacks CFPB’s constitutionality at D.C. Circuit”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.

Posted at 11:58 PM by Howard Bashman