How Appealing



Thursday, October 29, 2015

“U.S. court will not halt NSA phone spy program before ban”: Jonathan Stempel of Reuters has this report.

The Associated Press reports that “Court rejects ACLU’s request to stop phone record collection.”

Josh Gerstein of Politico.com has a blog post titled “Appeals court won’t block last month of NSA phone surveillance program.”

And David Kravets of Ars Technica reports that “Court says it’s legal for NSA to spy on you because Congress says it’s OK.”

And at the “Just Security” blog, Steve Vladeck has a post titled “Section 215 and ‘Fruitless’ (?!?) Constitutional Adjudication.”

You can access today’s ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.

Update: In other coverage, Charlie Savage of The New York Times reports that “N.S.A. Won’t Be Ordered to Stop Bulk Collection Early.”

Posted at 1:40 PM by Howard Bashman



“Supreme Court faces new challenges to Obamacare’s ‘contraceptive mandate'”: Richard Wolf of USA Today has this report.

Posted at 1:08 PM by Howard Bashman



“Constitution Check: Do individual rights stop at the U.S. border?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 10:44 AM by Howard Bashman



“Zimmer Ruling Continues Pa. Justices’ Pro-Plaintiff Trend”: Dan Packel has this article (subscription required for full access) in which I am quoted at Law360.com.

My earlier coverage of the ruling can be accessed here.

Posted at 9:05 AM by Howard Bashman



“Huge Sums Are Pouring Into Judicial Elections, But That Would Never Affect the Courts, Right? A new report shows that the flood of independent spending in judicial races across the country continues to head skyward.” AJ Vicens of Mother Jones has this report today.

Posted at 9:03 AM by Howard Bashman



“Let’s not make a deal”: Today’s edition of The Philadelphia Inquirer contains an editorial that begins, “Is the silence emanating from the Pennsylvania Supreme Court the sound of another backroom deal? It’s been about a month since Justice J. Michael Eakin’s dirty emails began seeping into public view like so much untreated waste, but the high court and judicial disciplinary officials have yet to muster anything like a convincing response.”

Posted at 9:02 AM by Howard Bashman



“Church, State, and the Supreme Court’s Moment of Truth”: Linda Greenhouse has this essay online at The New York Times.

Posted at 8:50 AM by Howard Bashman



Wednesday, October 28, 2015

“Obama Administration Supports Transgender Student In Federal Appeals Court”: Chris Geidner of BuzzFeed News has this report.

Posted at 9:46 PM by Howard Bashman



“Court: Evangelists’ pig’s-head slurs deserved protection.” Tresa Baldas of The Detroit Free Press has this news update.

Jonathan Stempel of Reuters reports that “Christian evangelists win Michigan speech case over Arab festival.”

And at The Volokh Conspiracy,” Eugene Volokh has a post titled “Sixth Circuit rejects ‘heckler’s veto’ as to anti-Islam speech by ‘Bible Believers.’

My earlier coverage of today’s en banc Sixth Circuit ruling can be accessed here.

Posted at 8:22 PM by Howard Bashman



“Judge Critical of Past FCC Net Neutrality Efforts Draws Latest Case”: Brent Kendall has this post today at WSJ.com’s “Washington Wire” blog.

Posted at 7:46 PM by Howard Bashman



“When Is It Constitutional to Purge Black Jurors? As the U.S. Supreme Court considers Foster, the standards that govern peremptory challenges are back on the table.” Law professor Garrett Epps has this essay online today at The Atlantic.

Posted at 5:50 PM by Howard Bashman



“How 4 Federal Lawyers Paved the Way to Kill Osama bin Laden”: Charlie Savage will have this article in Thursday’s edition of The New York Times.

Posted at 4:33 PM by Howard Bashman



“SAC’s Martoma seeks reversal of U.S. insider trading conviction”: Nate Raymond of Reuters has a report that begins, “A U.S. appeals court wrestled on Wednesday with whether a recent appellate ruling that limited the scope of insider trading laws meant that the 2014 conviction of former SAC Capital Advisors portfolio manager Mathew Martoma should be reversed.”

And Bloomberg News reports that “SAC’s Mathew Martoma Seeks Freedom in Appeals Court Bid.”

Posted at 4:22 PM by Howard Bashman



“Anti-Muslim group wins appeal in Arab fest case”: Robert Snell of The Detroit News has an update that begins, “Christian evangelists who were kicked out of an Arab-American street festival in 2012 after carrying a pig’s head and telling Dearborn Muslims they would ‘burn in hell’ won their federal appeal Monday and will be awarded damages.”

And The Associated Press reports that “Christian activists win speech case tied to Arab festival.”

You can access today’s divided ruling* of the en banc U.S. Court of Appeals for the Sixth Circuit — in which the judges’ alignment cannot be characterized as along political lines — at this link.



* The en banc court’s vote was 8-to-5 when considering only the votes of those judges who joined fully in the majority opinion or who joined fully only in one or more dissenting opinions. Two additional judges joined the majority opinion in part and dissented in part. Their votes caused the Sixth Circuit to be divided 10-to-5 in certain respects and 9-to-6 or 8-to-7 in other respects. Should my vote counting be viewed as not merely cursory but inaccurate, readers are invited to share their more careful analysis of the en banc court’s voting breakdown.

Posted at 3:40 PM by Howard Bashman



“FAN 82 (First Amendment News) Smolla & Abrams to file First Amendment brief in Redskins trademark case”: Ronald K.L. Collins has this post today at “Concurring Opinions.”

Posted at 11:38 AM by Howard Bashman



What multiple of 17 are you? Starting today, for me the answer to that question begins with a 3.

And to think, it only took until my 51st birthday for me to realize that I share the same birthday as the Statue (or, as lawyers are wont to say, Statute) of Liberty. [Update: The original version of this post either contained a typo or else I was really intent on proving the point of the preceding parenthetical. In any event, thanks to those many readers who emailed to draw the typo to my attention.]

Posted at 11:09 AM by Howard Bashman



“Constitution Check: Is Obamacare headed for new trouble?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 11:07 AM by Howard Bashman



Tuesday, October 27, 2015