How Appealing



Friday, April 15, 2016

“Kansas Supreme Court justice’s fundraising arm decries ‘politicized effort’ to oust members over school finance; Letter from Justice Carol Beier’s fundraising operation says Kansas confronted by self-created financial shortfall”: Jonathan Shorman has this front page article in today’s edition of The Topeka Capital-Journal.

Posted at 7:52 PM by Howard Bashman



“Ted Cruz defended Texas ban on the sale of sex toys in state”: The Associated Press has a report that begins, “Defending a Texas state law banning the sale of sex toys, Republican presidential candidate Ted Cruz argued in a 2007 court brief that individuals have no legal right to use them, even in the privacy of their own bedrooms.”

Posted at 2:28 PM by Howard Bashman



“Court ends attempt to void early gay marriage in Travis County”: Chuck Lindell of The Austin American-Statesman has an article that begins, “The Texas Supreme Court on Friday dismissed Attorney General Ken Paxton’s attempt to void the marriage of two Austin women who, thanks to an order from a district judge, tied the knot four months before same-sex marriage became the law of the land last June.”

Justices Justice Don R. Willett and Jeff Brown issued concurrences (here and here) in today’s order of the Supreme Court of Texas dismissing the State of Texas’ petition for writ of mandamus as moot.

Posted at 2:24 PM by Howard Bashman



“Houston lawsuit says man and machine is a marriage made in court”: Gabrielle Banks of The Houston Chronicle has an article that begins, “Chris Sevier says he’s being denied his right to marry — his computer.”

Posted at 2:16 PM by Howard Bashman



“Supreme Court deadlocks on lead paint case, sends it to Appeals Court”: Bruce Vielmetti of The Milwaukee Journal Sentinel has an article that begins, “A case deciding whether lead poisoning victims could sue paint companies was sent to the Court of Appeals after the Wisconsin Supreme Court deadlocked in the decision released Friday.”

Posted at 2:13 PM by Howard Bashman



“Should a 76-year-old serve life for marijuana? Supreme Court considers review of Alabama man’s sentence.” Kent Faulk of The Birmingham News has this report.

Posted at 2:03 PM by Howard Bashman



Thursday, April 14, 2016

“Meeting With Merrick Garland, G.O.P. Senators Take Long Time to Say No”: Emmarie Huetteman will have this article in Friday’s edition of The New York Times.

Mike DeBonis of The Washington Post reports that “Democrats hit brick wall in Supreme Court fight.”

Dave Boyer of The Washington Times reports that “Obama not ready to concede loss on Supreme Court nomination, White House says.”

William Douglas of McClatchyDC has an article headlined “Scholars agree: Senate leaders don’t have to consider Supreme Court pick.”

Alexander Mallin of ABC News reports that “Dems Would Be ‘Justified’ in Blocking Supreme Court Nominee of GOP President, White House Says.”

Phillip Ericksen of The Waco Tribune reports that “Baylor’s Starr says Senate should vote on Supreme Court appointment.”

Sabrina Eaton of The Cleveland Plain Dealer reports that “Sen. Rob Portman unmoved after meeting with Supreme Court nominee Merrick Garland.”

Deirdre Shesgreen of The Cincinnati Enquirer reports that “Portman praises court nominee but says he’s opposed to confirmation.”

And Rebekah L. Sanders of The Arizona Republic reports that “Flake meets with Supreme Court nominee, won’t support a vote.”

Posted at 11:30 PM by Howard Bashman



“McDonnell’s lawyers urge Supreme Court to reject ‘sweeping’ U.S. theory of corruption law”: Andrew Cain of The Richmond Times-Dispatch has this report.

Posted at 11:10 PM by Howard Bashman



“Appeals court reverses ruling that struck down teacher tenure”: Bob Egelko of The San Francisco Chronicle has this report.

Howard Mintz of The San Jose Mercury News reports that “California teacher tenure challenge rejected.”

Howard Blume, Joy Resmovits, and Sonali Kohli of The Los Angeles Times have an article headlined “In a win for unions, appeals court reverses ruling that threw out teacher tenure in California.”

Alexei Koseff of The Sacramento Bee reports that “California court upholds teacher tenure, dismissal laws.”

Emma Brown of The Washington Post reports that “California appeals court upholds teacher tenure, a major victory for unions.”

The Associated Press has a report headlined “Union victory: appeals court upholds California tenure.”

Reuters reports that “California appeals court upholds teacher job protection laws.”

And Bloomberg News reports that “Teacher Tenure in California Survives Landmark Challenge.”

You can access today’s ruling of the California Court of Appeal for the Second Appellate District, Division Two, at this link.

Posted at 9:04 PM by Howard Bashman



“Key Issue at Supreme Court Immigration Hearing: Drivers License Fees; States’ ability to challenge Obama policy rests on Texas’ claim that plan would require it to subsidize licenses.” Jess Bravin and Miriam Jordan of The Wall Street Journal have this report.

Posted at 8:45 PM by Howard Bashman



“Three Mothers Are Fighting For Millions Of Undocumented Immigrants At The Supreme Court; They want to remind the justices that constitutional disputes affect real people”: Cristian Farias and Elise Foley of The Huffington Post have this report today.

Posted at 4:15 PM by Howard Bashman



“Making sense of the supplemental filings in Zubik“: Marty Lederman has this post today at the “Balkinization” blog.

Posted at 3:25 PM by Howard Bashman



“Ken Starr Thinks Mitch McConnell Should Fill Scalia’s Seat: Reagan appointee and Clinton prober says Merrick Garland deserves hearings and a vote as a matter of ‘good government.'” Michael McAuliff of The Huffington Post has this report today.

Posted at 2:05 PM by Howard Bashman



“How to Fix the U.S. Supreme Court Impasse: Some progressives say Obama could appoint Merrick Garland without Senate approval; Only voters can change the situation.” Law professor Garrett Epps has this essay online today at The Atlantic.

Posted at 1:57 PM by Howard Bashman



“The Real Story Behind HBO’s ‘Confirmation’ From The NPR Reporter Who Broke The Story”: NPR has posted online this podcast featuring Nina Totenberg.

Posted at 1:54 PM by Howard Bashman



“The Obama Administration Is Out Of Patience For The Supreme Court’s Birth Control Tomfoolery”: Ian Millhiser has this post at ThinkProgress.

Posted at 1:28 PM by Howard Bashman



“Court Says Flying Spaghetti Monster Is Not a ‘Religion'”: Howard Friedman had this post yesterday at his “Religion Clause” blog.

Lori Pilger of The Lincoln Journal Star reports that “Inmate loses lawsuit to worship Flying Spaghetti Monster.”

And today at ThinkProgress, Ian Millhiser has a post titled “What Happens When ‘Religious Liberty’ Meets The Flying Spaghetti Monster?

You can access Tuesday’s ruling of the U.S. District Court for the District of Nebraska at this link.

Posted at 1:18 PM by Howard Bashman



“Cosby lawyers ask judges to seal past case files”: In today’s edition of The Philadelphia Inquirer, Laura McCrystal has an article that begins, “A federal appeals court on Wednesday questioned the point of Bill Cosby’s request to reseal the decade-old court documents that have helped reignite criminal and civil sexual-assault cases against him.”

You can access the audio of yesterday’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Third Circuit via this link (25.5 MB mp3 audio file).

Posted at 8:34 AM by Howard Bashman



Wednesday, April 13, 2016

“Senator Grassley and Judge Garland Meet, and Rehash the Obvious”: David M. Herszenhorn has this article in today’s edition of The New York Times.

Seung Min Kim of Politico.com reports that “Garland’s Hill tour not denting GOP resistance.”

And Burgess Everett of Politico.com reports that “Toomey knocks Garland after long meeting; ‘I’m not convinced that he would be willing to play the role of a sufficiently aggressive check on an administration,’ the GOP senator says.”

Posted at 11:20 PM by Howard Bashman



“In first appellate analysis of Halliburton, 8th Circuit boosts securities defendants”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.

Posted at 9:30 PM by Howard Bashman



“Republicans Would Consider Blocking A Supreme Court Pick Even After Voters Have A Say; Because, if the people get a say, shouldn’t Republicans be able to overrule it?” Michael McAuliff of The Huffington Post have this report.

Posted at 9:14 PM by Howard Bashman