How Appealing



Monday, August 15, 2016

“AG won’t appeal Delaware death penalty ruling; GOP lawmakers plan to introduce legislation to revise death penalty law”: Jessica Masulli Reyes and Matthew Albright of The News Journal of Wilmington, Delaware have this report.

Posted at 11:58 PM by Howard Bashman



“‘Sister Wives’ case moves slowly toward Supreme Court”: Lyle Denniston has this post at the “Constitution Daily” blog of the National Constitution Center.

Posted at 11:54 PM by Howard Bashman



“Backpage wants First Amendment cloak in Senate sex traffic probe”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post today.

Posted at 11:44 PM by Howard Bashman



“Jury: A.G. Kane guilty of perjury, obstruction, all other charges.” Craig R. McCoy, Angela Couloumbis, and Laura McCrystal of The Philadelphia Inquirer have this report.

Posted at 9:04 PM by Howard Bashman



“In U.S. Jails, a Constitutional Clash Over Air-Conditioning”: Alan Blinder will have this article in Tuesday’s edition of The New York Times.

Posted at 8:34 PM by Howard Bashman



“Court rules against death-row inmate who filed appeal one day late”: Nick Wicksman of Cronkite News has this report back in June 2015 reporting on a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued a day earlier.

Today, the en banc Ninth Circuit by a vote of 6-to-5 reversed the district court’s refusal to vacate and reenter its order to allow the appeal to be timely. You can access today’s en banc ruling at this link. In his separate dissenting opinion, Circuit Judge Paul J. Watford invited the U.S. Supreme Court to reconsider its 2007 ruling in Bowles v. Russell.

It is interesting to note that none of the judges on the original three-judge Ninth Circuit panel was selected to serve on the 11-judge en banc panel. Consequently, if cumulative voting mattered, which it does not, among Ninth Circuit judges the overall tally in favor of dismissing the appeal as untimely currently stands at 8-to-6.

Posted at 1:33 PM by Howard Bashman



“Is America Any Safer? Since 9/11, the United States has spent $1 trillion to defend against al-Qaeda and ISIL, dirty bombs and lone wolves, bioterror and cyberterror; Has it worked?” Steven Brill has this cover story in the September 2016 issue of The Atlantic magazine.

Posted at 1:05 PM by Howard Bashman



“Should it be legal to have a congressional district only one party can win?” David G. Savage of The Los Angeles Times has this report.

Posted at 11:37 AM by Howard Bashman



“Is it Unconstitutional for the Supreme Court to Hear Court-Martial Appeals?” Steve Vladeck has this post today at “Just Security.”

Posted at 7:42 AM by Howard Bashman



“The Legacy of Lynching, on Death Row: In Alabama, Bryan Stevenson is saving inmates from execution and memorializing the darkest episodes of America’s past.” Jeffrey Toobin has this profile in the August 22, 2016 issue of The New Yorker.

Posted at 7:36 AM by Howard Bashman