How Appealing



Wednesday, October 10, 2012

“The Bingo Act’s restrictions on the use of bingo proceeds for political advocacy are permissible conditions on a government subsidy and do not operate to penalize speech.” So ruled a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit yesterday in a First Amendment challenge to limitations imposed under the Texas Bingo Enabling Act on how charities may use bingo proceeds.

Posted at 8:02 AM by Howard Bashman



Tuesday, October 9, 2012

“The Hidden Stakes of the Election”: Today at the blog of The New York Review of Books, law professor Cass R. Sunstein has a post that begins, “It is not exactly news that there are big differences between judges chosen by Republican presidents and judges chosen by Democratic presidents. Of course the most visible differences involve constitutional law.”

Posted at 11:15 PM by Howard Bashman



“Race and College Admissions, Facing a New Test by Justices”: Adam Liptak has this article today in The New York Times.

In Wednesday’s edition of USA Today, Richard Wolf will have an article headlined “Supreme Court to weigh in again on affirmative action.”

Warren Richey of The Christian Science Monitor has an article headlined “Supreme Court case on use of race in admissions could be landmark; The University of Texas at Austin admits some students based on a process that includes race as one factor — even though the school is already racially diverse; The Supreme Court will consider whether that process is justified.” And Stacy Teicher Khadaroo has an article headlined “Supreme Court: If affirmative action is banned, what happens at colleges? Nine states have tried to achieve campus diversity through other means, with mixed results; On Wednesday, the Supreme Court takes up an affirmative action case from the University of Texas at Austin.”

Ariane de Vogue of ABC News reports that “Supreme Court to Hear Case Brought by White Student Who Claims Race Cost Her Admission to UT.”

The San Antonio Express-News has an update headlined “Supreme Court to hear case against UT’s race-conscious admissions.”

Terry Baynes of Reuters has a report headlined “Preview: Is Supreme Court set to end use of race in admissions?

This evening’s broadcast of NPR’s “All Things Considered” contained audio segments entitled “Supreme Court To Take Up Affirmative Action Case“; “At U. Of Texas, A Melting Pot Not Fully Blended“; and “How Does Affirmative Action Impact Colleges?

At “SCOTUSblog,” Lyle Denniston has a post titled “Argument preview: Is affirmative action about to end?

At WSJ.com’s “Washington Wire” blog, Jess Bravin and Sara Murray have a post titled “Romney Stays Away From Affirmative Action Case.”

In today’s edition of The Los Angeles Times, Lee C. Bollinger and Claude M. Steele have an op-ed entitled “A high-stakes battle for higher education: The Supreme Court should recognize that we all benefit from affirmative action in college admissions.”

At the “Defining Ideas” site of the Hoover Institution, law professor Richard A. Epstein has an essay entitled “The Affirmative Action Quagmire: Rather than place restrictions on race-based preferences, the Supreme Court should let colleges run themselves.”

Online at Slate, Emily Bazelon has a jurisprudence essay entitled “Rage or Justice: The complicated emotions behind the Supreme Court’s upcoming argument on affirmative action.”

And online at The Atlantic, Andrew Cohen has an essay entitled “How Affirmative Action Shaped the Current Supreme Court: Tomorrow’s case may put an end to the policy at U.S. universities; But its personal impact on the careers of several of the justices could hardly be more pronounced.”

Posted at 10:32 PM by Howard Bashman



“Federal Circuit: Congress can’t renege on pay promises to judges.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report.

Posted at 9:48 PM by Howard Bashman



Programming note: Additional posts will not appear here until this evening.

Once the U.S. Supreme Court posts its Order List online shortly after 9:30 a.m. eastern time today, you can access it via this link. And you can access timely coverage of the Order List from “SCOTUSblog.”

Posted at 8:51 AM by Howard Bashman



Monday, October 8, 2012

“Justices Face a Test on Race; A University of Texas Admissions Policy Aims to Help High-Scoring Minorities”: Jess Bravin will have this article Tuesday in The Wall Street Journal.

Posted at 8:42 PM by Howard Bashman



“Jeffrey Toobin: Don’t Expect ‘New’ Or ‘Moderate’ John Roberts After Health Care Ruling.” TPM DC has this report.

Posted at 2:33 PM by Howard Bashman



Sunday, October 7, 2012

“Supreme Court receives outpouring of conflicting views on affirmative action”: Robert Barnes will have this article Monday in The Washington Post.

Posted at 8:57 PM by Howard Bashman



“Supreme Court candidates with similar passions stress their differences; Longtime attorney Sheryl Gordon McCloud and former Justice Richard Sanders are battling for an open seat on the state Supreme Court; McCloud says she has the right judicial temperament for the job, while Sanders says he has more experience”: Friday’s edition of The Seattle Times contained this article.

Posted at 3:32 PM by Howard Bashman



“California has chance to change Three Strikes, repeal death penalty”: Tracey Kaplan and Howard Mintz have this article today in The San Jose Mercury News.

Posted at 1:16 PM by Howard Bashman



Saturday, October 6, 2012

“High court to hear arguments on UT’s consideration of race in admissions”: This article appears today in The Austin American-Statesman.

The Associated Press has a report headlined “‘Critical mass’ key to affirmative action case.”

Stateline reports that “Affirmative Action Gets a Hearing.”

Paul Barrett of BloombergBusinessweek has an article headlined “The Corporate Case for Affirmative Action.”

Yesterday’s edition of The Harvard Crimson contained an article headlined “Attorney Speaks On Harvard Amicus Brief.”

In tomorrow’s edition of The New York Times, Lincoln Caplan will have an Editorial Observer essay entitled “Colleges Value Diversity, but Will the Court?” And in yesterday’s edition of that newspaper, Thomas J. Espenshade had an op-ed entitled “Moving Beyond Affirmative Action.”

And in yesterday’s edition of The Wall Street Journal, Gerald Walpin had an op-ed entitled “Race and the Law at the Supreme Court: With Fisher v. University of Texas, the court has a chance to do the right thing–end the use of racial preferences.” You can freely access the full text of the op-ed via Google News.

Posted at 10:00 PM by Howard Bashman



“Fla. Supreme Court justices fight back to retain seats; Florida’s Supreme Court justices have learned the art of brass knuckle politics as a merit retention fight heats up”: The Miami Herald has this report.

Posted at 9:46 PM by Howard Bashman



“Judges Rule for Judges on Pay”: Brent Kendall has a post today at WSJ.com’s “Law Blog” that begins, “Refereeing a remarkable dispute between the judiciary and Congress, a divided federal appeals court ruled late Friday afternoon that lawmakers violated the Constitution by blocking cost-of-living salary increases for federal judges.”

You can access yesterday’s en banc ruling of the U.S. Court of Appeals for the Federal Circuit at this link.

Posted at 10:15 AM by Howard Bashman



Friday, October 5, 2012

“Canada’s newest Supreme Court judge pitches his street smarts”: In today’s edition of The Toronto Globe and Mail, Kirk Makin has an article that begins, “The country’s newest Supreme Court of Canada judge, Mr. Justice Richard Wagner, turned inexperience into a virtue on Thursday, telling a parliamentary committee that he will bring to the top court a practising lawyer’s sense of street savvy.”

Posted at 8:54 PM by Howard Bashman



“US court mulls Arabic flashcards, Pa. airport stop”: The Associated Press has a report that begins, “A college student handcuffed at Philadelphia International Airport for several hours over Arabic language flashcards asked a U.S. appeals court Friday to let him pursue his lawsuit against five federal agents.”

Posted at 7:50 PM by Howard Bashman



“Supreme Court Justice’s Son Bids For California Statehouse Seat”: BuzzFeed Politics has a report that begins, “The son of Supreme Court Justice Stephen Breyer, a leader of the court’s liberal wing, is in a tough race for California State Assembly in San Francisco.”

You can view Michael Breyer’s campaign web site at this link.

Posted at 7:44 PM by Howard Bashman



“Florida Supreme Court judges fight for their jobs”: Reuters has a report that begins, “Facing unprecedented political opposition, three Florida Supreme Court justices are fighting back against Republicans and conservative activists seeking to change the balance in the state’s highest court by getting voters to fire them.”

Posted at 7:22 PM by Howard Bashman



“North Bergen shock jock released from prison”: NorthJersey.com has a news update that begins, “Harold ‘Hal’ Turner, the incendiary Internet radio shock jock and former national security confidential source for the FBI, walked out of a halfway house in Newark this morning after serving nearly three years in prison for threatening federal judges.”

Posted at 12:22 PM by Howard Bashman



Thursday, October 4, 2012