How Appealing



Thursday, July 12, 2012

“Kennedy mum on court’s decision on health care in session at Aspen Institute”: The Aspen (Colo.) Daily News has this report.

Posted at 4:06 PM by Howard Bashman



“Randy Barnett: Losing ObamaCare While Preserving the Constitution.” Reason senior editor Damon Root interviews law professor Randy Barnett in a video segment that you can access here.

And in the July 30, 2012 issue of National Review magazine, Jonathan H. Adler and Nathaniel Stewart will have an article headlined “Positive Steps, Silver Linings.”

Posted at 3:50 PM by Howard Bashman



“Stone committed those violations as an attempt to repeat his strategy of suing anonymous internet users for allegedly downloading pornography illegally, using the powers of the court to find their identity, then shaming or intimidating them into settling for thousands of dollars”: Circuit Judge Jerry E. Smith issued this ruling today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit.

Today’s decision affirms the imposition of sanctions against the attorney for a pornographic film producer that had initiated suit against 670 unnamed persons whom it believed had unlawfully downloaded one of its films using BitTorrent.

Posted at 3:40 PM by Howard Bashman



“Why There Are Too Many Patents in America: After dismissing a high-profile suit between Apple and Motorola, one of our leading jurists discusses the problems plaguing America’s intellectual property system.” Seventh Circuit Judge Richard A. Posner has this essay online at The Atlantic.

Posted at 11:57 AM by Howard Bashman



“Court rules police may be liable for pepper ball injuries; The decision, stemming from a 2004 incident in which a student was injured by such a projectile, is a setback for officers fighting lawsuits by Occupy protesters”: Maura Dolan has this article today in The Los Angeles Times.

And in today’s edition of The San Francisco Chronicle, Bob Egelko reports that “Former UC Davis student’s suit OKd.”

My earlier coverage of yesterday’s Ninth Circuit ruling appears at this link.

Posted at 11:18 AM by Howard Bashman



“Supreme Court 2011-2012 Term Review”: C-SPAN is now providing separate online access to each hour of yesterday’s two-hour event at The Heritage Foundation.

The video of my appearance as a panelist on the second hour of the program, along with co-panelists Mark Sherman of The Associated Press and David G. Savage of The Los Angeles Times, can be accessed here.

And the video of the first hour of the program, which featured Solicitor General Donald B. Verrilli, Jr. as one of the panelists, can be accessed here. Yesterday, I had this post linking to news coverage of Verrilli’s remarks at the event.

Posted at 10:05 AM by Howard Bashman



“Why it’s so hard for SCOTUSblog to get Supreme Court press credentials”: Mallary Jean Tenore of Poynter has this report.

Posted at 9:57 AM by Howard Bashman



“Reject the ‘Thurmond Rule’: Senate Minority Leader Mitch McConnell invokes the legacy of Strom Thurmond to hold up judicial confirmations; It’s bad for judges and bad for justice.” This editorial appears today in The Los Angeles Times.

Posted at 8:40 AM by Howard Bashman



“Toward a Supreme Court Showdown”: Today’s edition of The New York Times contains an editorial that begins, “Six federal courts have ruled on the Defense of Marriage Act and reached the same conclusion: the 1996 law violates the Constitution by denying same-sex couples, who are legally married under state law, federal benefits afforded to heterosexual couples for no good reason.”

Posted at 8:07 AM by Howard Bashman



Wednesday, July 11, 2012

“Eminent domain, MBS and the U.S. Constitution: a one-sided fight?” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report.

Posted at 8:33 PM by Howard Bashman



“A Supreme Court copyright case has libraries fighting for the right to lend”: Erin Geiger Smith has this report at Alison Frankel’s “On the Case” from Thomson Reuters News & Insight.

Posted at 8:24 PM by Howard Bashman



Appellate math question of the day: A lifetime term of supervised release minus 12 months of credit for time served in prison equals what? The U.S. Court of Appeals for the Second Circuit today issued an opinion that begins:

This appeal presents primarily the almost metaphysical issue of how, if at all, a lifetime term of supervised release, imposed for a supervised release violation, should be reduced by the number of months of a prison term imposed for that violation, a subtraction we are willing to assume is required by the literal terms of the provisions governing supervised release.

You can access the decision at this link.

Posted at 8:06 PM by Howard Bashman



Three-judge Fourth Circuit panel divides over how to measure amount of restitution owed to “Vicky,” a victim portrayed in child pornography materials seized from the defendant’s residence: You can access today’s ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.

As in many of the recent cases from other federal appellate courts addressing this same subject matter, former U.S. District Judge (now law professor) Paul G. Cassell filed an amicus brief on behalf of the victim. And, as in many of those other cases, today’s Fourth Circuit ruling rejects Cassell’s argument that the victim is entitled to recover an award representing the full amount of her damages from each defendant who is convicted of possessing the material in which she was depicted.

Posted at 6:00 PM by Howard Bashman



“A Relaxed Solicitor General Has a Bit of Fun at His Own Expense”: Brent Kendall has this post at WSJ.com’s “Law Blog.”

Josh Gerstein of Politico.com has a blog post titled “Verrilli’s victory lap.”

Patrick Svitek of The Huffington Post has an article headlined “Donald Verrilli, Solicitor General, ‘OK’ With Criticism Of His Performance Defending Obamacare.”

The Hill has a blog post titled “Verrilli shrugs off criticism of his healthcare arguments.”

At “Main Justice,” Matthew Volkov has a post titled “Verrilli Talks Healthcare Win.”

And Michael Doyle of McClatchy Newspapers offered some thoughts on today’s Heritage Foundation event via Twitter.

You can access C-SPAN’s video coverage of the event via this link.

And special thanks to Lyle Denniston of “SCOTUSblog,” Mark Walsh of Education Week’s “School Law” blog and ABA Journal, and many of this blog’s other readers for saying hello following the event.

Posted at 5:32 PM by Howard Bashman



Tuesday, July 10, 2012

Programming note: On Wednesday morning, I will be in Washington, DC at The Heritage Foundation to serve as one of the panelists for the program titled “Scholars & Scribes Review the Rulings: The Supreme Court’s 2011-2012 Term.”

I’ll be a panelist during the second hour of the program, together with David G. Savage of The Los Angeles Times and Mark Sherman of The Associated Press. And you don’t want to miss the program’s first hour, featuring as panelists Solicitor General Donald B. Verrilli, Jr.; law professor Richard A. Epstein; and attorney Michael Carvin.

The event can be viewed live, online at The Heritage Foundation’s web site via this link. In addition, C-SPAN is planning to televise the event.

Additional posts will appear here Wednesday afternoon.

Posted at 10:44 PM by Howard Bashman



“Easton teen’s life sentence for gang killing to be argued; Easton teen is serving life without parole for killing another teen when he was 14”: The Morning Call of Allentown, Pennsylvania has a news update that begins, “The Supreme Court of Pennsylvania took the first step in vacating an Easton teen’s mandatory life sentence for murder two weeks after the nation’s highest court ruled such punishment unconstitutional.”

You can access yesterday’s order of the Supreme Court of Pennsylvania at this link.

Posted at 10:20 PM by Howard Bashman



“Marc Morial, Cedric Richmond ask Justice to block effort to keep Bernette Johnson from becoming chief justice”: The Times-Picayune of New Orleans has an article that begins, “The Justice Department should stop the Louisiana Supreme Court from denying Justice Bernette Johnson her rightful place as chief justice, according to a letter sent Monday to the chief of the voting section of the Civil Rights Division on behalf of Urban League President and former New Orleans Mayor Marc Morial, Rep. Cedric Richmond, D-New Orleans, Sen. Karen Cater Peterson, D-New Orleans, and 10 other prominent African American leaders.”

Posted at 10:06 PM by Howard Bashman



“Laurence Tribe Foresaw Obamacare Tax Holding”: At YouTube, the user “ConstitutionalJedi” has posted online this two-part video (part one; part two).

Posted at 8:46 PM by Howard Bashman