How Appealing



Tuesday, April 6, 2021

“North Dakota Supreme Court to resume in-person oral arguments”: Jack Dura of The Bismarck Tribune has an article that begins, “North Dakota’s Supreme Court will resume in-person oral arguments in June, more than a year after moving to remote means due to the coronavirus pandemic. In-person oral arguments will be subject to both parties agreeing to appear that way, Chief Justice Jon Jensen said. If either party would prefer to appear remotely, the court would conduct the argument entirely electronic.”

The article goes on to note, before concluding, that “Longtime Justice Gerald VandeWalle, 87, was hospitalized twice last summer due to COVID-19” — as readers of this blog may recall from my links to that earlier coverage.

Posted at 9:48 PM by Howard Bashman



“Husband of high court candidate begins prison sentence”: Marc Levy of The Associated Press has a report that begins, “The husband of a Pennsylvania appellate judge who is running for the state’s highest court began serving a prison sentence Tuesday in a long-running case involving taking money from an elderly woman’s trust fund to benefit several political campaigns and a charity connected to his wife.”

Looking on the bright side, at least this time it was not a Pennsylvania Supreme Court Justice who was convicted of a crime. Cf. here and here.

Posted at 9:10 PM by Howard Bashman



“Decision strikes key parts of Native American adoptions law”: Kevin McGill of The Associated Press has this report on today’s 325-page en banc ruling of the U.S. Court of Appeals for the Fifth Circuit.

The decision begins with a five-page per curiam scorecard because the judges’ opinions that follow thereafter may be too complex to readily decipher the en banc court’s actual holdings.

At the “Turtle Talk” blog, Kate Fort has a post that concludes, “Judge Costa’s concurrence/dissent does a lot to explain the implications of the holding. You may want to start on page 306 (!).”

Posted at 8:20 PM by Howard Bashman



“Google’s Supreme Court Win Sends Pro-Consumer Message; In the end, this copyright case wasn’t even close”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 5:32 PM by Howard Bashman



“I am really going to miss Justice Breyer; His opinion in Oracle v. Google was so joyful; You can tell how much he relished writing this technical decision”: Josh Blackman has this post at “The Volokh Conspiracy,” along with a post titled “Did Justice Thomas Cover for Justice Barrett’s Vote To Deny Cert To Reconsider TWA v. Hardison? Only two justices dissented from the denial of cert in Small v. Memphis Light, Gas & Water; But three Justices dissented from denial of cert in Patterson v. Walgreen.”

Posted at 5:16 PM by Howard Bashman



“Supreme Court Backs Google in Copyright Fight With Oracle; The 6-to-2 ruling ended a decade-long battle over whether Google had improperly used Java code in its Android operating system”: Adam Liptak has this article in today’s edition of The New York Times.

In today’s edition of The Washington Post, Robert Barnes and Gerrit De Vynck have an article headlined “Supreme Court sides with Google in multibillion-dollar copyright dispute with Oracle.”

In today’s edition of The Wall Street Journal, Brent Kendall and Tripp Mickle have a front page article headlined “Google Wins Multibillion Dollar Copyright Fight With Oracle in Supreme Court; A lower court had ruled that Google’s Android operating system infringed Java copyrights held by Oracle.”

And John Fritze of USA Today reports that “Supreme Court sides with Google in years long fight with tech giant Oracle.”

Posted at 2:38 PM by Howard Bashman