How Appealing



Wednesday, May 25, 2016

“Court Rebukes FCC Over Long Delay in Updating U.S. Media-Ownership Rules; Federal appeals panel threatens to toss out the regulations altogether if agency doesn’t act soon”: John D. McKinnon of The Wall Street Journal has this report.

And Reuters reports that “Court strikes down U.S. FCC broadcaster sales rules.”

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

Posted at 11:30 PM by Howard Bashman



“Foes of teacher tenure, seniority appeal to state Supreme Court”: Bob Egelko of The San Francisco Chronicle has an article that begins, “Opponents of teacher tenure and seniority laws in California asked the state Supreme Court to take up their case Tuesday, arguing that an appellate court disregarded evidence that the laws shield incompetent teachers and harm low-income and minority students.”

And Joy Resmovits of The Los Angeles Times reports that “California’s teacher tenure battle is reignited by Vergara appeal and a new bill.”

Posted at 1:48 PM by Howard Bashman



“Donald Beatty elected chief justice of South Carolina Supreme Court”: Maya T. Prabhu of The Post and Courier of Charleston, South Carolina has an article that begins, “S.C. Supreme Court Associate Justice Donald Beatty will serve as the court’s next chief justice, becoming the second black man to hold the post.”

Posted at 1:34 PM by Howard Bashman



“Supreme Court judge first Canadian woman to receive honorary Yale degree”: Sean Fine of The Toronto Globe and Mail has an article that begins, “Supreme Court Justice Rosalie Abella has become the first Canadian woman awarded an honorary degree by Yale University in its 315-year history.”

Posted at 1:30 PM by Howard Bashman



“Sen Mike Lee On Trump’s Supreme Court Picks: That Was The Best, Most Conservative Supreme Court List I Have Ever Seen From Any President.” FOX News Radio has this report.

Posted at 1:28 PM by Howard Bashman



“After Supreme Court victory, Stephen Bright won’t rest his defense of the poor and the powerless; Over 34 years with the Southern Center for Human Rights, the Atlanta-based legal nonprofit’s longtime leader has argued three cases before the U.S. Supreme Court — and never lost”: Max Blau of Atlanta Magazine has this post.

Posted at 11:09 AM by Howard Bashman



“RBG Is First Among Equals . . . at Oral Arguments, That Is”: Kimberly Robinson has this post at the “US Law Week Blog.”

Posted at 7:46 AM by Howard Bashman



“Why Legislate When Judges Will Do It for You? While the Supreme Court remains hobbled and deadlocked, the lower courts are making power grabs.” Law professor Garrett Epps has this essay online at The Atlantic.

Posted at 7:42 AM by Howard Bashman



“Constitution Check: How far can a federal judge go to punish lawyers’ ethical misconduct?” Lyle Denniston has this post at the “Constitution Daily” blog of the National Constitution Center.

Posted at 7:38 AM by Howard Bashman



Tuesday, May 24, 2016

“Poor Terry v. Ohio, 392 U.S. 1 (1968).” A concurring opinion that Fourth Circuit Judge J. Harvie Wilkinson III issued today begins:

Poor Terry v. Ohio, 392 U.S. 1 (1968). It has fallen on hard times. A string of recent tragic street encounters involving the police has brought the stop-and-frisk procedure authorized in Terry under fire. But that is nothing new.

You can access the complete ruling at this link.

Posted at 10:56 PM by Howard Bashman



“Opening Doors: North Carolina’s bathroom bill is reminiscent of the days of de-facto discrimination.” Jelani Cobb has this Comment in the Talk of the Town section of the May 30, 2016 issue of The New Yorker.

Posted at 9:58 AM by Howard Bashman



“The Big Uneasy: What’s roiling the liberal-arts campus?” Nathan Heller has this article in the May 30, 2016 issue of The New Yorker.

Posted at 9:56 AM by Howard Bashman



“Justices Let Court-Imposed Redistricting Stand in Virginia”: Adam Liptak has this article in today’s edition of The New York Times.

Robert Barnes and Jenna Portnoy of The Washington Post report that “Supreme Court leaves in place Va. redistricting decision, rejects GOP lawmakers’ challenge.”

Richard Wolf of USA Today reports that “Supreme Court upholds Virginia redistricting.”

Lawrence Hurley of Reuters reports that “U.S. justices rule against Virginia Republicans in black voters case.”

Greg Stohr of Bloomberg News reports that “Republicans Lose at U.S. High Court on Virginia Voting Map.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Opinion analysis: Racial gerrymandering case ends.”

Posted at 9:53 AM by Howard Bashman



“The Passive-Aggressive U.S. Supreme Court: Even in the face of clear precedent, some justices just don’t like it when a convicted petitioner is right on the law.” Law professor Garrett Epps has this essay online at The Atlantic.

Posted at 9:32 AM by Howard Bashman



“Strict Texas voter-ID law faces federal court test ahead of presidential election”: Robert Barnes of The Washington Post has an article that begins, “A high-stakes election-year legal battle over voting rights gets an important test Tuesday as 15 judges will consider whether Texas’s strictest-in-the-nation voter-identification law will be in effect for the presidential contest this November.”

In related coverage, Sari Horwitz of The Washington Post has an article headlined “Getting a photo ID so you can vote is easy. Unless you’re poor, black, Latino or elderly.”

Bobby Cervantes of The Houston Chronicle reports that “Texas voter ID law back in court; Full appeals court will hear case today.”

Jim Malewitz of The Texas Tribune reports that “Five Years Later, Voter ID Suit Still Moving Forward.”

And The Associated Press reports that “US appeals court revisits Texas voter ID law.”

Once the audio of today’s oral argument before the en banc U.S. Court of Appeals for the Fifth Circuit becomes available online, I will link to it.

Posted at 9:22 AM by Howard Bashman



Monday, May 23, 2016

“Penalty Against Bank of America Overturned in Mortgage Case”: Michael Corkery will have this article in Tuesday’s edition of The New York Times.

Nate Raymond and Jonathan Stempel of Reuters report that “Bank of America $1.27 billion U.S. mortgage penalty is voided.”

The Associated Press reports that “Appeals court reverses fraud finding against Bank of America.”

Bloomberg News reports that “BofA $1.3 Billion ‘Hustle’ Judgment Tossed by Appeals Court.”

And Jon Prior of Politico.com reports that “Appeals court throws out Bank of America $1.27 billion penalty.”

You can access today’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.

Posted at 11:44 PM by Howard Bashman