Programming note: From early morning to mid-afternoon on Wednesday east coast time, I will be traveling to Irvine, California, where on Thursday I will be a panelist at the UC Irvine School of Law‘s “6th Annual Supreme Court Term in Review.”
The panel will be live-streamed, online via this link on Thursday beginning at 3 p.m. eastern time, noon pacific time.
Additional blog posts will appear here later tomorrow. As always, while I am traveling, “How Appealing” readers are invited to follow this blog’s Twitter feed, where appellate related retweets may appear more frequently.
“Thin.” Chances are you won’t find a judicial opinion containing a shorter sentence than the one that’s the title to this post, from a concurring opinion that Eleventh Circuit Judge Robin S. Rosenbaum issued today. The rest of the concurring opinion, while not as pithy, is also well worth a read. Judge Rosenbaum was included in the recently published “list of my personal 13 favorite federal appellate judge writers.”
“[W]e hold that a document filed by a pro se litigant as an extension of time to request a certificate of appealability qualifies as the notice of appeal required by Rule 3”: So holds the majority on a divided three-judge panel in an opinion that the U.S. Court of Appeals for the Fourth Circuit issued today.
“Supreme Court to consider report on Rio Grande case”: The Associated Press has an article that begins, “The nation’s highest court will likely have to settle a dispute between Texas and New Mexico over management of water from the Rio Grande.”
“9th Circuit: It’s a federal crime to visit a website after being told not to visit it.” Orin Kerr has this post at “The Volokh Conspiracy.”
“Justice Kennedy talks internet, ‘Hamilton,’ Scalia at conference in Big Sky”: Whitney Bermes of The Bozeman (Mont.) Daily Chronicle has this report.
“Planned Parenthood wins preliminary injunction in lawsuit against Herbert”: Daphne Chen of The Deseret News has this report.
Benjamin Wood of The Salt Lake Tribune has an article headlined “‘As far as we are concerned, the lawsuit is over’: Utah Planned Parenthood says court’s ruling on injunction gives group a win over guv.”
Jonathan Stempel of Reuters reports that “U.S. appeals court orders Utah to fund Planned Parenthood branch.”
And The Associated Press reports that “Appeals court orders Utah to fund Planned Parenthood branch.”
You can access today’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit at this link.
“Charles Ogletree, Harvard law professor, says he has Alzheimer’s”: Jeremy C. Fox of The Boston Globe has this report.
“Startup that we all forgot gets small win against Facebook on appeal; In Facebook v. Power Ventures, 9th Circuit finds defendant not liable under anti-spam law”: Cyrus Farivar of Ars Technica has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
“Donald Trump Rebukes Ruth Bader Ginsburg for Deriding His Candidacy”: Maggie Haberman of The New York Times has this report.
“Research: Black Judges Are Reversed On Appeal More Than White Judges.” This audio segment appeared on today’s broadcast of NPR’s “Morning Edition.” The segment discusses research contained in a paper titled “Is Justice Really Blind? Race and Reversal in US Courts.”
“US judge in hot water over joke about moving to New Zealand”: The New Zealand Herald has this report.
Federal Circuit overturns $172,465.75 award against federal government under the Unjust Conviction and Imprisonment Act because claimant later had to serve time anyway for other offenses: You can access today’s per curiam ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Federal Circuit at this link.
The Republican of Springfield, Massachusetts previously provided coverage of this claimant’s involvement with the federal criminal justice system in articles headlined “Conviction overturned for Michael Crooker of Agawam, accused of being felon in possession of firearm” and “Michael Crooker of Agawam agrees to serve 15 years for possession of ricin and threatening prosecutor.”
You can access at this link the ruling of the U.S. Court of Federal Claims that had awarded compensation to the claimant.
Are plasma-donation centers “service establishments” for purposes of Title III of the Americans with Disabilities Act? The majority on a divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit answered “yes” in an opinion issued today. The majority’s 14-page opinion inspired a 21-page dissent.
“Appeals court hears case over kosher food in Florida prisons”: The Associated Press has this report.
“Justice Ruth Bader Ginsburg on Trump: ‘He is a faker,’ should share tax returns.” Joan Biskupic of CNN.com has this report.
“Mississippi Governor Asks Appeals Court To Allow Enforcement Of Anti-LGBT Law During Appeal; Mississippi Gov. Phil Bryant is fighting to defend HB 1523, a religious exemption law passed earlier this year; A federal judge halted enforcement of the law on June 30”: Chris Geidner of BuzzFeed News has this report.
“In her remarks on the presumptive GOP nominee, Ruth Bader Ginsburg may have trumped her usual outspokenness”: Aaron Blake and Robert Barnes have this front page article in today’s edition of The Washington Post.
And at WaPo’s “The Fix” blog, Aaron Blake has a post titled “In bashing Donald Trump, some say Ruth Bader Ginsburg just crossed a very important line.”
