How Appealing



Friday, August 12, 2016

“‘Religious freedom law’ will remain blocked during appeal, court rules”: Regina Zilbermints of The Biloxi Sun Herald has this report.

The Associated Press reports that “Mississippi gay marriage law remains blocked during appeal.”

And Chris Geidner of BuzzFeed News reports that “Appeals Court Denies Request To Allow Mississippi To Enforce Anti-LGBT Law During Appeal; Gov. Phil Bryant had asked the 5th Circuit Court of Appeals to enforce HB 1523, passed earlier this year, while appealing a trial court ruling against the law.”

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

Posted at 7:54 PM by Howard Bashman



“Alleged video pirate Kim Dotcom loses in U.S. appeals court”: Josh Gerstein of Politico.com has a blog post that begins, “A divided federal appeals court has rejected a bid by accused video pirate Kim Dotcom to recover millions of dollars in assets ordered seized by a U.S. court at the request of American prosecutors.”

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

Posted at 11:28 AM by Howard Bashman



“Chief Justice sounds alarm over Supreme Court vacancy”: Laura Stone of The Toronto Globe and Mail has this report.

Ian MacLeod of The Ottawa Citizen reports that “Chief justice hammers government over 45 judicial vacancies — including one at Supreme Court.”

Tonda MacCharles of The Toronto Star has an article headlined “Urgent need for judicial vacancies to be filled promptly: Beverley McLachlin.”

The Canadian Press has reports headlined “Chief Justice Beverley McLachlin Calls On Trudeau To Appoint Supreme Court Judges Quickly” and “Supreme Court short list to include Atlantic Canadian judges: minister.”

And CBC News has reports headlined “Beverley McLachlin calls on Ottawa to solve ‘perpetual crisis’ of judicial vacancies; ‘Something deeply wrong’ with current selection process for appointing judges, chief justice says” and “Keep Atlantic Representation On Top Court, Says Canadian Bar Association.”

Posted at 10:52 AM by Howard Bashman



Thursday, August 11, 2016

“Lawyers can get paid a cut from class-action settlements”: Bob Egelko of The San Francisco Chronicle has an article that begins, “In a victory for lawyers who file class-action suits in California, generally on behalf of employees or consumers, the state Supreme Court ruled Thursday that they can be paid a percentage of the settlements they negotiate with their adversaries. The unanimous decision resolved an arcane issue that had been fiercely contested in the legal profession.”

And Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has a post titled “California Supreme Court OKs class action fees based on settlement size.”

You can access today’s ruling of the Supreme Court of California, including an interesting concurring opinion written by Justice Goodwin H. Liu, at this link.

Posted at 8:57 PM by Howard Bashman



“First Amendment Has the Teeth to Help Consumers”: Online at Bloomberg View, law professor Noah Feldman has an essay today that begins, “The First Amendment was called in to do the dirty work last week on an Ohio rule that bans dentists from advertising their specialties while continuing to practice general dentistry.”

Posted at 8:45 PM by Howard Bashman



“Former Marine’s religious freedom claims rejected by appeals court”: Bill Mears of FoxNews.com has this report.

Dianna Cahn of Stars and Stripes reports that “Court rules Marine’s religious rights not violated.”

And The Associated Press reports that “Military court rejects religious angle in Marine’s discharge.”

You can access yesterday’s 4-to-1 ruling of the U.S. Court of Appeals for the Armed Forces at this link.

I previously linked to news coverage of the oral argument of this appeal in a post you can access here.

Posted at 3:22 PM by Howard Bashman



“South Carolina Law on Disrupting School Faces Legal Challenge”: Erik Eckholm will have this article in Friday’s edition of The New York Times.

Posted at 2:22 PM by Howard Bashman



“Chief Justice urges quick appointments to Supreme Court; Replacing Justice Thomas Cromwell is taking too long, says Chief Justice Beverly McLachlin”: Joanna Smith of The Canadian Press has this report.

And Tonda MacCharles of The Toronto Star has an article headlined “More indigenous judges needed in lower courts to develop skills for Supreme Court: Beverley McLachlin; Supreme Court Chief Justice Beverley McLachlin said while she welcomes ethnic diversity and more aboriginal judges in the system, she suggested they must work their way up.”

Posted at 1:32 PM by Howard Bashman



“U.S. Supreme Court Justice Sonia Sotomayor adds Anchorage stop to Alaska visit”: Suzanna Caldwell of Alaska Dispatch News has this report.

Posted at 1:26 PM by Howard Bashman



“Is Trump Guilty of Inciting Violence Against Clinton? Trump’s comments don’t appear to have broken any laws, but assaulted the very concept of free speech.” Law professor Garrett Epps has this essay online at The Atlantic.

Posted at 11:34 AM by Howard Bashman



“Glenn Beck suggests revealing sources could get them killed”: Josh Gerstein of Politico.com has a blog post that begins, “One day after a federal judge ordered Glenn Beck to divulge the names of two sources he relied on for reporting about the Boston Marathon bombing, the conservative media personality is suggesting that doing so might get them murdered.”

Posted at 11:05 AM by Howard Bashman



“Appeals court blocks voter ID changes”: Jason Stein and Patrick Marley have this front page article in today’s edition of The Milwaukee Journal Sentinel.

In today’s edition of The Wisconsin State Journal, Mark Sommerhauser has a front page article headlined “Court stays voter ID ruling, narrowing options for voters who lack IDs.”

In today’s edition of The Washington Times, Stephen Dinan has a front page article headlined “Voting-rights activists, anti-fraud crusaders clash over ID laws as election looms.”

Jess Bravin of The Wall Street Journal reports that “Appeals Court Reinstates Wisconsin Voter-ID Law; Federal appeals court said lower court ruling was overly broad by allowing any voter to avoid presenting ID by filing an affidavit.”

In today’s edition of The New York Times, Michael Wines has an article headlined “Appeals Court Prevents Voting Without ID in Wisconsin.”

In today’s edition of The Washington Post, Matt Zapotosky has an article headlined “In Wisconsin, a controversial voter-ID law could help choose the president.”

Josh Gerstein of Politico.com reports that “Appeals court blocks order easing Wisconsin voter ID law.”

Tal Kopan of CNN.com reports that “Court blocks remedy on Wisconsin voter ID law.”

The Associated Press reports that “Appeals court stays ruling on voter ID.”

Reuters reports that “Appeals court suspends ruling rejecting parts of Wisconsin voter ID law.”

And at his “Election Law Blog,” Rick Hasen has a post titled “7th Circuit Reverses (for Now at Least) Softening of WI Voter ID Rule: What’s Next?

You can view yesterday’s order of the U.S. Court of Appeals for the Seventh Circuit granting a stay pending appeal at this link.

Posted at 9:32 AM by Howard Bashman



“A Formula For Supreme Court Clerkships? Harvard and Garland.” Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 8:47 AM by Howard Bashman



Wednesday, August 10, 2016

“Beyond Seminole Rock — Or Why What We Think We Know About Administrative Deference May Be Wrong”: Aaron Nielson has this post at the “Notice & Comment” blog of the Yale Journal on Regulation about his article titled “Beyond Seminole Rock” posted today at SSRN.

Posted at 11:40 PM by Howard Bashman



“Kimberly Budd confirmed unanimously to Massachusetts Supreme Judicial Court”: Shira Schoenberg of The Republican of Springfield, Massachusetts has this report.

Posted at 8:47 PM by Howard Bashman



“Ventura says he’ll ask the Supreme Court to hear his defamation case, plus seek a new trial; The former Minnesota governor declared that the legal battle to clear his name has made the past four years ‘hell’ for him and his wife”: Randy Furst of The Minneapolis Star Tribune has this report.

Posted at 8:40 PM by Howard Bashman



“Ottawa stripped Atlantic Canada of inclusion on Supreme Court with barely a peep; Justin Trudeau’s approach to Canada’s top court shows the problem with putting all our chips on red”: Peter Cowan of CBC News has this news analysis.

Posted at 8:32 PM by Howard Bashman



“Hudson and MacDonald move on to general election in race for state Supreme Court seat”: Greta Kaul of MinnPost has an article that begins, “Apparently, voters got the message that there was a Minnesota Supreme Court race on the primary election ballot Tuesday.”

Posted at 8:30 PM by Howard Bashman



“Group linked to Carr brothers’ victims pushes to oust Kansas Supreme Court justices; Kansans for Justice launch non-retention campaign”: Jonathan Shorman of The Topeka Capital-Journal has an article that begins, “A group with ties to victims of the Carr brothers kicked off a push Wednesday to oust several Kansas Supreme Court justices, who they fault for overturning the death sentences of the two men before the U.S. Supreme Court reversed the decision.”

Posted at 8:14 PM by Howard Bashman



“‘Sister Wives’ planning polygamy petition to U.S. Supreme Court”: Ben Winslow of Salt Lake City’s Fox 13 News has this report.

Posted at 8:10 PM by Howard Bashman