How Appealing



Monday, November 30, 2015

“Appeals court orders Chicago sheriff to stop attacks on Backpage.com escort business; In which Judge Posner quotes Backpage’s ‘dom & fetish’ section”: Joe Mullin of Ars Technica has this report.

Additional coverage of today’s Seventh Circuit ruling can be accessed by scrolling down this page to view posts from earlier today.

Posted at 10:05 PM by Howard Bashman



“Judge Posner’s troubling explanation for his shift on same-sex marriage”: Ilya Somin has this post today at “The Volokh Conspiracy.”

This post of mine from Saturday evening contains links to the relevant underlying materials.

Posted at 9:58 PM by Howard Bashman



“Next Chance To Gut Campaign Finance Law Heads For Supreme Court: The ban on ‘soft money’ donations to state parties is on the line.” Paul Blumenthal of The Huffington Post has this report.

Posted at 9:06 PM by Howard Bashman



“Scope of National Security Inquiry Is Revealed”: In Tuesday’s edition of The New York Times, Colin Moynihan and Charlie Savage will have an article that begins, “After a decade of court battles, the Internet entrepreneur who filed the first legal challenge to a type of secret administrative order known as a national security letter revealed on Monday the breadth of an F.B.I. demand in 2004 for information about a customer.”

And at the ACLU’s “Speek Freely” blog, Jameel Jaffer has a post titled “A Decade-Old Gag Order, Lifted.”

Previously, Yale Law School issued a news release titled “Gag Order Lifted on Nicholas Merrill Through MFIA Clinic Case Win.” You can learn more about the law school’s Media Freedom and Information Access Clinic at this link.

Posted at 8:42 PM by Howard Bashman



“In Phila., Kane to announce special prosecutors to investigate porn”: Angela Couloumbis of The Philadelphia Inquirer has a news update that begins, “Pennsylvania Attorney General Kathleen Kane will use the backdrop of the National Constitution Center Tuesday to announce her choice of special prosecutors to conduct a broader investigation into pornographic emails exchanged on government computers.”

And in somewhat related coverage, The Patriot-News of Harrisburg, Pennsylvania reports that “Northumberland County judge blames AG Kane for loss of senior status.”

Posted at 8:35 PM by Howard Bashman



“Will the Supreme Court End Affirmative Action? A Preview of Fisher v. University of Texas at Austin on the Eve of Oral Argument.” The Cato Institute will be hosting this event, featuring a number of noteworthy panelists, from 4 to 6 p.m. eastern time on Monday, December 7, 2015.

Cato is planning to live-stream video of the event online. As early as the next morning, Cato plans to make the video of the event available online, on-demand.

Posted at 8:17 PM by Howard Bashman



“Judge, his family rise above shooting, cancer; What a year for this Detroit family: Dad was shot, Mom got breast cancer. They should be bitter this week, right? Wrong. The’re grateful, and maybe the rest of us could learn from them.” Bill Laitner had this post-Thanksgiving article in The Detroit Free Press.

Posted at 4:22 PM by Howard Bashman



“Focus Turns to Judge in Latest Appeal of Net Neutrality Rules; David Tatel, who shot down two previous versions of the rule, will help decide the latest challenge”: John McKinnon 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 1:30 PM by Howard Bashman



“Color Blind Constitution: A half-century after Brown v. Board, should the Supreme Court still be in the business of integrating public schools and universities?” Slate has posted online today the new installment of its “Amicus” podcast featuring Dahlia Lithwick.

Posted at 1:02 PM by Howard Bashman



The home page of the U.S. Supreme Court’s website now includes a page title: Oh, the excitement you missed if you didn’t visit “How Appealing” over the long Thanksgiving weekend (see here, here, and here).

One reader who features the initials “CISSP, ISSAP, CISM” after his name in his email signature — which I think has something to do with advanced tech knowledge — emailed me late on Thanksgiving night to argue that “the Supreme Court may actually be ahead of the game here” in not having implemented (as of that moment) a page title for the Court’s home page.

My favorite reaction, however, arrived via Twitter from Timothy Cornell, who observed: “I don’t think a home page reflects the original intent of the Framers.”

Posted at 11:30 AM by Howard Bashman



“What’s Next in the Hawaii Election Case Whose Vote Counting Justice Kennedy Enjoined Friday?” Rick Hasen has this post today at his “Election Law Blog.”

Posted at 11:07 AM by Howard Bashman



“FAN 86.1 (First Amendment News) Court Denies Review in Occupational-Speech Case”: Ronald K.L. Collins has this post today at “Concurring Opinions.”

I am looking forward to saying hello to Collins at this Thursday’s “Justice and Journalism” program at the Newseum.

Posted at 9:54 AM by Howard Bashman



Access online today’s Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases. The Court did, however, call for the views of the Solicitor General in one case.

In Rapelje v. Blackston, No. 15-161, Justice Antonin Scalia issued a dissent, in which Justices Clarence Thomas and Samuel A. Alito, Jr. joined, from the denial of certiorari. The dissent concludes, “The Sixth Circuit seems to have acquired a taste for disregarding AEDPA. We should grant certiorari to discourage this appetite.”

In early news coverage, The Associated Press reports that “Justices rebuff Texas veterinarian who gave advice online“; “High court won’t review Michigan murder case“; “High court rejects challenge to Hawaii campaign finance laws“; “High court rejects Mexican states’ lawsuit over Gulf spill“: and “High court rejects fee dispute in Texas redistricting case.”

Lawrence Hurley of Reuters reports that “U.S. top court rejects Covidien bid to restore patent verdict against Ethicon.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Court seeks U.S. views on cross-border shooting.”

Posted at 9:34 AM by Howard Bashman



“When the mother is a soldier: Supreme Court needs to correct a 1950 ruling resulting in military gender discrimination.” Tony Mauro has this essay online at USA Today.

Posted at 8:22 AM by Howard Bashman



“Scalia’s Zingers Good Copy in Slow News Month”: Kenneth Jost had this post yesterday at his blog, “Jost on Justice.”

Posted at 8:20 AM by Howard Bashman



Sunday, November 29, 2015

“Supreme Court should learn from Prop. 209 mistake”: The Fresno Bee has an editorial that begins, “It has been nearly 20 years since California voters banned affirmative action in college admissions. Campus diversity here has never recovered from the chain saw that was Proposition 209.”

Posted at 10:30 PM by Howard Bashman



“Should state Supreme Court tell Klan to clean the road or hit the road?” Columnist Joe Hotchkiss of The Augusta (Ga.) Chronicle has this essay.

Posted at 10:28 PM by Howard Bashman



“Dickson reflects on judges, judging, growing up in Hobart”: In today’s edition of The Times of Munster, Indiana, Dan Carden has a front page article that begins, “Indiana Supreme Court Justice Brent Dickson, a Hobart native, announced Nov. 9 he will retire from the state’s high court early next year, a few months before he otherwise would hit the mandatory retirement age of 75.”

Posted at 10:24 PM by Howard Bashman



“The Execution of Joseph Wood: An execution of a man in Arizona with a new cocktail of drugs was supposed to take about 10 minutes; It took almost two hours, the longest execution in U.S. history.” Bill Whitaker had this segment (transcript) on this evening’s broadcast of the CBS News program “60 Minutes.”

You can view the video of the segment by clicking here.

Posted at 9:26 PM by Howard Bashman



“Battling the modern American administrative state”: In today’s edition of The Washington Post, columnist George F. Will has an op-ed that begins, “As the administrative state distorts the United States’ constitutional architecture, Clarence Thomas becomes America’s indispensable constitutionalist.”

Posted at 9:12 PM by Howard Bashman



“Turnover on state Supreme Court isn’t expected to overturn rulings”: The Post and Courier of Charleston, South Carolina has an article that begins, “The retirement of two South Carolina Supreme Court justices by the end of next year isn’t expected to result in immediate or drastic changes in its rulings, primarily because of the importance of legal precedent.”

Posted at 9:03 PM by Howard Bashman



“Abortion clinic owner mulls Supreme Court case impact”: The Clarion-Ledger of Jackson, Mississippi has a news update that begins, “The fate of Mississippi’s lone abortion provider hangs in the balance of the first Supreme Court case in decades to address restrictions on abortion clinics.”

Posted at 9:00 PM by Howard Bashman