“The Kim Davis controversy exists because, as a culture, we have elevated respect for religious sensibilities to an inappropriate level that makes society less free, not more.” So writes Lawrence M. Krauss online at The New Yorker in a post titled “All Scientists Should Be Militant Atheists.”
“U.S. court finds EPA was wrong to approve Dow pesticide harmful to bees”: Reuters has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
“Is the Chief Justice a Tax Lawyer?” Law professors Stephanie R. Hoffer and Christopher J. Walker have posted this paper online at SSRN.
“Death penalty moratorium goes before state Supreme Court”: Karen Langley of The Pittsburgh Post-Gazette has this news update.
And The Associated Press reports that “Pennsylvania death-penalty moratorium sparks lively hearing.”
“Whistleblower wins U.S. appeals court victory; split created”: Jonathan Stempel of Reuters has this report on the ruling that a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today.
According to the dissenting opinion, “The majority relies almost wholly on King v. Burwell, 135 S. Ct. 2480 (2015). That case does not do the work the majority needs done.”
Slow news day — Is Circuit Judge Alex Kozinski now italicizing the “v.” in case names? See his opinion concurring in the judgment that’s part of a published per curiam decision that the U.S. Court of Appeals for the Ninth Circuit issued today.
“Why Judicial Supremacy Isn’t Compatible with Constitutional Supremacy”: Ramesh Ponnuru has this article in the September 21, 2015 issue of National Review magazine.
“Ellen Pao won’t appeal verdict in gender discrimination trial”: Reuters has this report.
“U.S. battle over Microsoft e-mails could result in ‘global free-for-all'”: In today’s edition of The Washington Post, Ellen Nakashima has an article that begins, “If the government prevails in its legal battle to compel Microsoft to turn over e-mails held on a server in Ireland, an ‘international firestorm’ could result, an attorney for the tech giant told a federal court in New York on Wednesday.”
“Fears of ‘Guantanamo north’ amid search for prison sites”: The Associated Press has this report.
“Analysis: House of Representatives v. Burwell.” Josh Blackman has this post today at his blog.
“Pelosi: Judge’s ruling in health care lawsuit ‘astounding.'” The Associated Press has this report.
My earlier coverage of yesterday’s federal district court ruling can be accessed here.
Necessity defense? “Man clocked at 112 mph was headed to court for past speeding,” reports The Associated Press.
You can follow “How Appealing” on Twitter: Now that summer is functionally over (boo!), I wanted to remind readers who haven’t yet done so that they can follow this blog on Twitter (yay!). By doing so, you will be notified automatically (in a manner of speaking) of new posts as they appear here.
In addition, sometimes I retweet the appellate related tweets of others, especially when I am out and about and don’t have access to my desktop or laptop computer. Occasionally those retweets might direct you to appellate-related information that, for whatever reason, never makes it into a blog post at “How Appealing.”
You can even follow “How Appealing” on Twitter without having a Twitter account just by opening the page for this blog’s Twitter feed in your web browser. As new posts appear on “How Appealing,” this blog’s Twitter page will automatically (without your having to hit refresh) alert you that whatever number of new tweets have appeared. And then, by clicking on the link informing you of new tweets, you can immediately access (without refreshing the web page) the first 100+ characters of new “How Appealing” posts.
“How Appealing” finally arrived on Twitter shortly after this blog’s 10th birthday in May 2012, and since then more than 4,600 Twitter accounts have followed its Twitter feed. I am reliably advised that there’s still room for more, so feel free to follow this blog on Twitter to be promptly notified of new posts and to access the occasional bonus content that never finds its way onto the blog.
“Constitution Check: Did the Kentucky county clerk win her religious exemption, after all?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.
“Hands Off the Raisins: The Supreme Court uproots a preposterous government program.” Damon Root has this article in the the October 2015 issue of Reason magazine.
“NPR’s Totenberg reflects on how Supreme Court has changed with times; The legal affairs correspondent has covered court longer than any justice has served on it”: The Gazette of Cedar Rapids, Iowa has this report.
“Georgia inmate wants new hearing over juror’s racial slur”: Mark Sherman of The Associated Press has this report.
“U.S. Supreme Court Justice Sonia Sotomayor makes surprise visit to Holyoke following Mayor Alex Morse’s invitation”: Stephanie Barry of The Republican of Springfield, Massachusetts has this report.