How Appealing



Monday, October 17, 2016

Access online today’s Order List of the U.S. Supreme Court: At this link. The Court today did not grant review in any new cases.

Justice Sonia Sotomayor issued a dissent, in which Justice Ruth Bader Ginsburg joined, from the denial of certiorari in Elmore v. Holbrook, No 15-7848.

Posted at 9:32 AM by Howard Bashman



Sunday, October 16, 2016

“Fifth Circuit rules on whether scanning the magnetic stripe on a card is a search”: Orin Kerr has this post today at “The Volokh Conspiracy.”

Posted at 8:50 PM by Howard Bashman



“And Now a Word From the White House: Merrick Garland has been waiting seven months for a Senate hearing, but the president’s advisers say Obama has no regrets about the nomination.” The new installment of Slate’s “Amicus” podcast featuring Dahlia Lithwick can be accessed here.

Posted at 8:46 PM by Howard Bashman



“The story behind FSU professor’s slaying detailed in new evidence”: Rebeca Piccardo had this article in yesterday’s edition of The South Florida Sun Sentinel.

Posted at 8:10 PM by Howard Bashman



Saturday, October 15, 2016

“Paul Scalia, son of late Supreme Court Justice, speaks at Red Mass for Tampa judges”: Dan Sullivan of The Tampa Bay Times has this report.

Posted at 11:33 PM by Howard Bashman



Friday, October 14, 2016

“Now a jury must unanimously agree on the death penalty in Florida, Supreme Court rules”: Mary Ellen Klas of The Miami Herald has this report.

Rene Stutzman of The Orlando Sentinel has an article headlined “Florida Supreme Court: Florida’s current death penalty is unconstitutional.”

Arek Sarkissian of The Naples Daily News reports that “Florida court: Jury must unanimously agree on death penalty.”

Mark Berman of The Washington Post reports that “Florida Supreme Court says state’s new death penalty law is unconstitutional.”

The Associated Press has a report headlined “Florida court: Jury must unanimously agree on death penalty.”

Cristian Farias of The Huffington Post reports that “Florida’s Death Penalty Law Is Ruled Unconstitutional — Again; The state’s supreme court ruled that a jury must be unanimous when imposing a death sentence.”

And Chris Geidner of BuzzFeed News reports that “Florida’s New Death Sentencing Law Is Unconstitutional, State High Court Rules; Florida Supreme Court rules that the recently passed law is unconstitutional because it allows a non-unanimous decision of the jury — here, 10 of 12 jurors — to impose a death sentence.”

The Supreme Court of Florida issued related rulings today in two separate death penalty appeals, and you can access the rulings here and here.

Posted at 2:05 PM by Howard Bashman



“A Streamlined Test to Determine Insider Trading”: Stephen Fishbein has this post today at the “DealBook” blog of The New York Times.

Posted at 12:05 PM by Howard Bashman



“Why the Supreme Court Matters More to Republicans than Trump: Conservative justices might be the party’s final bulwark against a changing electoral landscape.” Russell Berman of The Atlantic has this report today.

Posted at 12:03 PM by Howard Bashman



“Race bias in the jury room: what’s the solution?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 9:30 AM by Howard Bashman



“Do Counterterrorism Lawsuits Stand a Chance in Court? A group of non-citizens detained after the 9/11 terrorist attacks claim officials violated their constitutional rights, but the result in the case isn’t likely to be in their favor.” Law professor Garrett Epps has this essay online today at The Atlantic.

Posted at 9:28 AM by Howard Bashman



Thursday, October 13, 2016

“Mike Lee explains why the GOP will block Garland even if Clinton wins”: James Hohmann of The Washington Post has this report.

Posted at 2:56 PM by Howard Bashman



“Paterson council rejects $1.6M deal in US Supreme Court case on campaign sign”: Joe Malinconico has this front page article in today’s edition of The Record of Hackensack, New Jersey.

Posted at 1:48 PM by Howard Bashman



“In major decision, 10th Circuit rules Wyoming can’t force BLM to remove wild horses”: Arno Rosenfeld of The Caspar Star Tribune has this report.

And Tom McGhee of The Denver Post reports that “Federal appeals court in Denver dismisses lawsuit calling for wild horse roundup in Wyoming; Wyoming sued the BLM, saying it failed to keep wild horses within certain range land.”

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

Posted at 1:15 PM by Howard Bashman



“New hope for undocumented immigrants: DAPA might not be dead — a bold legal strategy could protect millions from deportation; A series of legal end runs may succeed in restoring Obama’s protections for millions of undocumented immigrants.” Daniel Denvir of Salon.com has this report.

Posted at 12:08 PM by Howard Bashman



Eighth Circuit panel reverses course, ordering that Missouri Department of Corrections need not reveal information regarding use of pentobarbital in executions, including the identity of its anonymous supplier: You can access today’s per curiam ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit at this link.

Update: In early news coverage, The Associated Press reports that “Court reversal shields Missouri’s execution drug provider.”

Posted at 12:04 PM by Howard Bashman



“Abbott and Costello Heirs Lose Appeal Over Broadway Play’s Use of ‘Who’s on First’ Routine; ‘Hand of God’ producers beat lawsuit — not because of fair use, but because the heirs haven’t demonstrated ownership of a valid copyright”: Eriq Gardner has this post at the “THR, Esq.” blog of The Hollywood Reporter about a ruling that the U.S. Court of Appeals for the Second Circuit issued on Tuesday.

Posted at 11:30 AM by Howard Bashman



“The D.C. Circuit’s gratuitous ruling on CFPB constitutionality”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 9:48 AM by Howard Bashman



“Clinton’s vow to push Supreme Court left galvanizes conservatives wary of Trump”: S.A. Miller of The Washington Times has this report.

Posted at 8:00 AM by Howard Bashman