How Appealing



Wednesday, February 22, 2017

“Justice Sotomayor Takes Aim at Lethal Injection: In a striking dissent, the justice slams the ‘horrifying deaths’ that result from ‘our most cruel experiment yet.'” Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 1:45 PM by Howard Bashman



“Appeals Court Upholds Maryland Ban on Military-Style Weapons; Court also allows 10-round limit on gun magazines”: Joe Palazzolo of The Wall Street Journal has this report.

Cristian Farias of The Huffington Post reports that “‘Military-Style’ Firearms Aren’t Protected By Second Amendment, Court Rules; An appeals court upheld a Maryland ban on a wide range of popular semiautomatic weapons.”

And Reuters reports that “U.S. appeals court upholds Maryland’s ban on assault rifles.”

My earlier coverage of yesterday’s en banc Fourth Circuit ruling can be accessed here.

Posted at 1:40 PM by Howard Bashman



“Supreme Court says race-based testimony discriminated against black death row inmate”: Robert Barnes of The Washington Post has this report.

David G. Savage of The Los Angeles Times reports that “Supreme Court rejects use of ‘racial stereotypes’ in death penalty cases.”

Mike Ward of The Houston Chronicle reports that “Supreme Court grants Texas death row inmate Duane Buck new hearing.”

Jordan Rudner of The Dallas Morning News reports that “Texan whose jury was told blacks more likely to be dangerous can appeal, Supreme Court rules.”

Ariane de Vogue of CNN.com reports that “Supreme Court rules in favor of death row inmate.”

And Jolie McCullough of The Texas Tribune reports that “U.S. Supreme Court rules in favor of Texas death row inmate; The U.S. Supreme Court has ruled in favor of Texas death row inmate Duane Buck, agreeing that his case was prejudiced by an expert trial witness who claimed Buck was more likely to be a future danger because he is black.”

Posted at 1:32 PM by Howard Bashman



“Ivanka Trump Beats Her Father to Supreme Court”: Jess Bravin has this post at WSJ.com’s “Washington Wire” blog.

Posted at 11:52 AM by Howard Bashman



Access today’s rulings of the U.S. Supreme Court in argued cases: The Court today issued rulings in three argued cases.

1. Justice Elena Kagan delivered the opinion of the Court in Fry v. Napoleon Community Schools, No. 15-497. Justice Samuel A. Alito, Jr. issued an opinion concurring in part and concurring in the judgment, in which Justice Clarence Thomas joined. You can access the oral argument via this link.

2. Justice Sonia Sotomayor delivered the opinion of the Court in Life Technologies Corp. v. Promega Corp., No. 14-1538. Justice Alito issued an opinion concurring in part and concurring in the judgment, in which Justice Thomas joined. Chief Justice John G. Roberts, Jr. did not participate in the ruling. You can access the oral argument via this link.

3. And Chief Justice Roberts delivered the opinion of the Court in Buck v. Davis, No. 15-8049. Justice Thomas issued a dissenting opinion, in which Justice Alito joined. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that “Supreme Court orders new hearing for black Texas inmate“; “Justices side with Michigan girl in dispute over service dog“; and “High court ruling limits international reach of patent laws.”

From Reuters, Lawrence Hurley Reports that “U.S. top court backs Texas death row inmate in race case.” And Andrew Chung reports that “U.S. top court sides with disabled girl in dispute over service dog” and “Thermo Fisher did not infringe genetic-testing patent, U.S. top court says.”

And Richard Wolf of USA Today reports that “Supreme Court blocks death sentence over racial bias” and “Supreme Court issues Wonder-ful ruling for disabled girl, service dog.”

Posted at 10:02 AM by Howard Bashman



Tuesday, February 21, 2017

“Court Ruling Gives Fannie Mae, Freddie Mac Investors Limited Room for Claims; Court disallows most claims but orders additional proceedings on others”: Brent Kendall and Nick Timiraos of The Wall Street Journal have this report.

And Andrew Harris and Joe Light of Bloomberg News report that “Hedge Funds Can’t Sue Over Investments in Fannie and Freddie.”

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

Posted at 9:40 PM by Howard Bashman



“Federal Appeals court upholds Maryland assault rifle ban”: Ian Duncan of The Baltimore Sun has this report.

Ann E. Marimow of The Washington Post reports that “Appeals court upholds Maryland ban on semiautomatic, military style guns.”

And Brian Witte of The Associated Press reports that “Maryland’s assault weapons ban upheld by US appeals court.”

You can access today’s 10-to-4 ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.

Posted at 8:56 PM by Howard Bashman



“Justices Weigh Agent’s Cross-Border Shooting of Mexican Teenager”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Justices divided on cross-border shooting that left Mexican teenager dead.”

David G. Savage of The Los Angeles Times reports that “Supreme Court justices appear split over whether Constitution extends to Mexican teenager shot across the border.”

Michael Doyle of McClatchyDC reports that “A lethal shooting at the U.S.-Mexico border divides the Supreme Court.”

Kevin Diaz of The Houston Chronicle reports that “U.S. Supreme Court weighs rights of Mexican family in Border Patrol shooting.”

Bill Mears of FoxNews.com reports that “Supreme Court appears divided on cross-border shooting by US agent.”

On this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “Supreme Court Considers If Mexican Nationals Can Sue For Border Shooting.”

Cristian Farias of The Huffington Post reports that “Supreme Court Torn Over Whether Constitution Should Apply To Cross-Border Shootings; Civil liability is the only avenue left for parents of a Mexican teenager shot to death by a U.S. Border Patrol agent.”

Chris Geidner of BuzzFeed News reports that “Justices Question Whether Mexican Family Can Sue Over Cross-Border Shooting.”

And in commentary, online at The Atlantic, law professor Garrett Epps has an essay titled “Is the Southern Border a Constitution-Free Zone? The Supreme Court considers a case involving a youth on the Mexican side of the border killed by an American border patrol agent on the U.S. side.”

You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Hernandez v. Mesa, No. 15-118.

Posted at 8:20 PM by Howard Bashman



“Gorsuch, Like Previous Supreme Court Nominees, Keeps Views Hidden”: Carl Hulse has this new installment of his “On Washington” column in today’s edition of The New York Times.

Posted at 7:22 PM by Howard Bashman



“Does Donald Trump’s Supreme Court Nominee Believe the Constitution Is God’s Law? You may hear a lot about an arcane legal theory at Neil Gorsuch’s confirmation hearings.” Stephanie Mencimer of Mother Jones has this report.

Posted at 1:18 PM by Howard Bashman



“Like a prayer: A church-state case may be an early test for Neil Gorsuch; The Supreme Court nominee has emphasised the secular value of religious rites.” Steven Mazie has this post today at the “Democracy in America” blog of The Economist.

Posted at 1:04 PM by Howard Bashman



“Trump attack may reopen debate on splitting Ninth Circuit in SF”: Bob Egelko of The San Francisco Chronicle has this report.

Posted at 1:00 PM by Howard Bashman



“Supreme Court seems split in case of boy’s death near border”: Mark Sherman of The Associated Press has this report.

Lawrence Hurley of Reuters reports that “Supreme Court divided over cross-border shooting case.”

Greg Stohr of Bloomberg News reports that “Border-Shooting Lawsuit May Divide U.S. Supreme Court Justices.”

Richard Wolf of USA Today reports that “Supreme Court divided over U.S.-Mexico border shooting.”

And Ariane de Vogue of CNN.com reports that “US Border Patrol shooting of Mexican national goes to Supreme Court.”

Posted at 12:44 PM by Howard Bashman



“The selling of Neil Gorsuch: Rafting, puppies and Garland gushing; The high court nominee’s charm offensive is showing signs of working.” Seung Min Kim of Politico.com has this report.

Posted at 10:26 AM by Howard Bashman



“Court considers constitutionality of Ohio execution process”: Andrew Welsh-Huggins of The Associated Press has a report that begins, “A federal appeals court plans to consider arguments over the constitutionality of Ohio’s lethal injection process as the state tries to start carrying out executions once again.”

Posted at 10:15 AM by Howard Bashman



Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in one new case.

In addition, Justice Sonia Sotomayor issued a dissent, in which Justice Stephen G. Breyer joined, from the denial of certiorari in Arthur v. Dunn, No. 16-602.

In early news coverage, The Associated Press reports that “Supreme Court rejects Alabama death row appeal“; “Justices reject appeal of tea party groups over IRS review“; “High court rejects appeal from ex-NYC councilman“; “Supreme Court rejects appeal from Virginia death row inmate“; and “Justices reject appeal from South Carolina death row inmate.”

From Reuters, Lawrence Hurley reports that “Supreme Court rejects Alabama death penalty inmate’s appeal.” And Andrew Chung reports that “U.S. top court rejects Boston Scientific’s patent licensing appeal.”

Posted at 9:36 AM by Howard Bashman



Monday, February 20, 2017

“Hon. Carlos Bea and Ben Feuer — GGU 8th Annual Chief Justice Ronald M. George Distinguished Lecture.” Golden Gate University School of Law has posted this video on YouTube.

Posted at 10:15 PM by Howard Bashman



“Family of Mexican teen shot across the border seeks rights in U.S.” Kevin Diaz has this front page article in today’s edition of The Houston Chronicle.

Rob O’Dell of The Arizona Republic has an article headlined “Supreme Court: Can Mexican citizens sue Border Patrol agents in cross-border killings?

And Roque Planas and Cristian Farias of The Huffington Post have an article headlined “The Border Is A Constitution-Free Zone For Agents Who Shoot And Kill. But Maybe Not For Long. A Mexican teen’s death will force the Supreme Court to decide if there can be justice for cross-border violence.”

Posted at 8:14 PM by Howard Bashman



“On Free Press, Supreme Court Pick at Odds With Trump”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 11:16 AM by Howard Bashman



“Supreme Court considers case of a shot fired in U.S. that killed a teenager in Mexico”: Robert Barnes has this article in today’s edition of The Washington Post.

Posted at 11:12 AM by Howard Bashman



Sunday, February 19, 2017

“The new Third Circuit Appellate Practice Manual is out, and you need it”: Matthew Stiegler has this post at his “CA3blog.”

Posted at 12:55 PM by Howard Bashman