How Appealing



Wednesday, December 23, 2015

“The racist, sexist comments Pa. Supreme Court Justice Eakin made to his ‘boys’ prove bigotry still sits on America’s high courts”: Columnist Shaun King has this essay online at The New York Daily News.

Posted at 3:03 PM by Howard Bashman



“A FOIA Circuit Split That the Supreme Court Needs To Resolve”: Steve Vladeck has this post today at the “Just Security” blog.

Posted at 12:11 PM by Howard Bashman



Tenth Circuit affirms dismissal of suit in which Native Americans sought accounting of massacre reparations: In April, Andrew Westney of Law360.com had a report headlined “Native Americans Seek Accounting Of Massacre Reparations” (subscription required for full access) reporting on this appeal.

Yesterday, a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued a decision affirming the dismissal of the case for lack of subject matter jurisdiction.

Posted at 10:22 AM by Howard Bashman



“AG Kathleen Kane: Michael Eakin’s suspension restores ‘faith in our justice system.'” Wallace McKelvey of The Patriot-News of Harrisburg, Pennsylvania has this report.

Posted at 10:12 AM by Howard Bashman



“Kentucky governor alters marriage licenses to accommodate opponents of same-sex marriage”: Sandhya Somashekhar has this article in today’s edition of The Washington Post.

Today’s edition of The Lexington Herald-Leader contains a front page article headlined “Bevin orders marriage license changes; reverses Beshear on felon voting rights, minimum wage.”

And today’s edition of The Louisville Courier-Journal contains a front page article headlined “Bevin takes ax to Beshear’s executive orders.”

Posted at 9:04 AM by Howard Bashman



Comparing and contrasting two newsworthy Pennsylvania appellate judges: See the front page of today’s edition of The Philadelphia Inquirer, for which Chris Mondics has written an obituary headlined ” Arlin M. Adams, 94, former judge” about a man who served for “many decades as a respected federal appellate judge, litigator.”

Also on today’s front page, as the lead item at the very top of the page, is Angela Couloumbis’s article headlined “Justice Eakin suspended over emails,” which begins, “The state’s judicial ethics tribunal on Tuesday suspended Supreme Court Justice J. Michael Eakin for his involvement in the ‘Porngate’ scandal, saying his continued presence on the bench harmed the public’s trust in the judiciary.”

Posted at 8:46 AM by Howard Bashman



Tuesday, December 22, 2015

“Ruling Could Help Washington Redskins in Trademark Case”: Richard Sandomir will have this article in Wednesday’s edition of The New York Times.

And today at “The Volokh Conspiracy,” Eugene Volokh has a post titled “Federal appeals court decides ‘The Slants’ case: excluding ‘disparaging marks’ from trademark registration violates the First Amendment.”

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

Posted at 10:23 PM by Howard Bashman



“Limit State Access to Federal Court”: In today’s edition of The New York Times, law professors Amanda Frost and Stephen I. Vladeck have an op-ed that begins, “Next month, the Supreme Court will decide whether to hear a case challenging an Obama administration policy that would give permission to millions of undocumented immigrants to stay and work in the United States.”

Posted at 10:09 PM by Howard Bashman



“Supreme Court Justice J. Michael Eakin suspended amid ‘Porngate’ allegations”: Wallace McKelvey of The Patriot-News of Harrisburg, Pennsylvania has this report.

You can view online at this link today’s per curiam suspension order of the Court of Judicial Discipline of Pennsylvania. According to paragraphs 9 and 10 of the order:

9. Of particular concern to the Court are two email exchanges between the Respondent and Deputy Attorney General Jeffrey Baxter in which they comment upon the physical attributes of female employees in the Respondent’s office as well as sexually-suggestive observations. Clearly, these emails, which address judicial employees, are extremely inappropriate and offensive.

10. Because the Respondent utilized his government issued equipment to engage in these email exchanges, and participated in the email exchanges with other government employees who were using their government email addresses, he should have had a lower expectation of privacy.

You can access the complete suspension order at this link.

Posted at 5:58 PM by Howard Bashman



“Government Can’t Reject Trademarks for Being Disparaging or Offensive, Court Says; Ruling cites constitutional free-speech protections”: Brent Kendall of The Wall Street Journal has this report.

The Oregonian has a news update headlined “The Slants, Asian-American band from Portland, can trademark controversial name, U.S. court rules.”

At the “THR, Esq.” blog of The Hollywood Reporter, Eriq Gardner has a post titled “Rock Band Wins First Amendment Appeal Over ‘Disparaging’ Trademarks.”

And Mike Masnick of Techdirt has a post titled “Appeals Court Says US Government Cannot Deny Trademarks For Being ‘Disparaging.’

My earlier coverage of today’s en banc Federal Circuit ruling appears at this link.

Posted at 2:48 PM by Howard Bashman



“The government cannot refuse to register disparaging marks because it disapproves of the expressive messages conveyed by the marks.” So holds the en banc U.S. Court of Appeals for the Federal Circuit in a ruling issued today in the case captioned In re Simon Shiao Tam.

The introduction to the majority opinion explains:

Mr. Simon Shiao Tam named his band THE SLANTS to make a statement about racial and cultural issues in this country. With his band name, Mr. Tam conveys more about our society than many volumes of undisputedly protected speech.

Earlier, NBC News had a report headlined “Could The Slants’ Trademark Suit Affect NFL’s Redskins’ Flap?

And earlier at “The Volokh Conspiracy,” Eugene Volokh had a post titled “The Redskins and The Slants: How an Asian American band name case may affect the Redskins trademark.”

Update: In early news coverage, Reuters reports that “U.S. appeals court says government cannot censor offensive trademarks.”

Posted at 10:38 AM by Howard Bashman



“Don’t let Eakin judge”: Today’s edition of The Philadelphia Inquirer contains an editorial that begins, “Pennsylvania Supreme Court Justice J. Michael Eakin apparently still doesn’t get it.”

Further in, the editorial states, “In addition to receiving numerous emails laden with pornographic, misogynist, racist, and homophobic content, Eakin relayed a joke about a battered woman, vowed to close his ‘titty deficit’ by patronizing strip clubs with fellow officers of the court, and nauseatingly imagined getting his female aides to share rooms with them during a planned golf outing in Myrtle Beach, S.C.”

And in today’s edition of The Philadelphia Daily News, columnist Helen Ubinas has an op-ed titled “No tactic is too low for Porngate.”

Posted at 8:44 AM by Howard Bashman



Monday, December 21, 2015

“Supreme Court upholds Gov. Wolf’s death penalty moratorium”: Matthew Santoni of The Pittsburgh Tribune-Review has this news update.

Chris Palmer of The Philadelphia Inquirer has a news update headlined “Court backs Wolf in Phila. death penalty case.”

Paul Vigna of The Patriot-News of Harrisburg, Pennsylvania reports that “Supreme Court supports Gov. Wolf’s stance on executions.”

And The Associated Press has a report headlined “Top Pennsylvania court: Governor can postpone executions.”

Today’s ruling of the Supreme Court of Pennsylvania consists of a majority opinion and a concurring opinion.

Posted at 5:20 PM by Howard Bashman



“Supreme Court Justice Eakin’s ethics hearing concludes without decision”: Wallace McKelvey of The Patriot-News of Harrisburg, Pennsylvania has this report.

Posted at 5:10 PM by Howard Bashman



“Emotional Justice Eakin testifies about reputation, media circus”: Brad Bumsted of The Pittsburgh Tribune-Review has a news update that begins, “Pennsylvania Supreme Court Justice Michael Eakin choked back sobs as he testified Monday about how ‘terribly frustrating it is to be drug through the mud’ in news reports about his lewd emails.”

Riley Yates and Peter Hall of The Morning Call of Allentown, Pennsylvania have a news update headlined “Justice Eakin tearfully testifies in porn email hearing.”

And Angela Couloumbis and Craig R. McCoy of The Philadelphia Inquirer have a news update headlined “Eakin tearfully apologizes for offensive emails.”

Posted at 4:35 PM by Howard Bashman



“Hip-hop stars take Miss. rapper’s case to Supreme Court”: Therese Apel of The Clarion-Ledger of Jackson, Mississippi has this report.

Posted at 1:08 PM by Howard Bashman



“Supreme Court Ought to Re-examine Second-Guessing of FDA-Approved Drug Labeling by State Tort Law”: Richard Samp has this post today at the “Legal Pulse” blog of the Washington Legal Foundation.

Posted at 1:05 PM by Howard Bashman



“Justice Eakin’s female employees testify in suspension hearing on porn emails”: Riley Yates and Peter Hall of The Morning Call of Allentown, Pennsylvania have this news update.

Brad Bumsted of The Pittsburgh Tribune-Review has a news update headlined “Female employees testify Pa. Supreme Court Justice Eakin professional, courteous.”

And Angela Couloumbis and Craig R. McCoy of The Philadelphia Inquirer have a news update headlined “Eakin in court for hearing that could lead to suspension.”

Posted at 12:58 PM by Howard Bashman



Sunday, December 20, 2015

“Can the Constitution Govern America’s Sprawling Empire? The U.S. Supreme Court struggles to stretch a Constitution written for 13 coastal states to encompass non-contiguous states, dependent nations, insular areas, and a commonwealth.” Law professor Garrett Epps has this essay online today at The Atlantic.

Posted at 11:30 PM by Howard Bashman



“Hip-Hop Stars Support Mississippi Rapper in First Amendment Case”: Adam Liptak will have this new installment of his “Sidebar” column in Monday’s edition of The New York Times.

Posted at 9:58 PM by Howard Bashman



“Justices tend to agree with presidents that pick them — but stray later”: Robert Barnes will have this article in Monday’s edition of The Washington Post.

Posted at 9:55 PM by Howard Bashman



“Chisholm, two other DAs seek to move John Doe to U.S. Supreme Court”: Mary Spicuzza and Jason Stein of The Milwaukee Journal Sentinel have an article that begins, “Three district attorneys have moved to intervene in litigation over a closed investigation into Gov. Scott Walker’s campaign and conservative groups, a move aimed at bringing the case before the U.S. Supreme Court.”

Posted at 10:30 AM by Howard Bashman