How Appealing


Tuesday, September 2, 2014

"Arizona abortion case likely going to US Supreme Court": Howard Fischer of The Arizona Daily Star has this news update.

And The Associated Press reports that "Arizona abortion case headed to US Supreme Court."
Posted at 11:25 PM by Howard Bashman




"Appeals court hears arguments in Hollister Co. discrimination case": In late May 2014, The Denver Post published an article that begins, "Attorneys arguing in the U.S. 10th Circuit Court of Appeals on Tuesday sparred over whether beach-house-style entrances to Hollister Co. stores discriminate against the disabled."

Today, the majority on a partially divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued a decision vacating the district court's grant of summary judgment in favor of plaintiffs and the permanent injunction that resulted.
Posted at 11:02 PM by Howard Bashman




"Appeals court declines to let Texas immediately enforce anti-abortion law": The Houston Chronicle has this blog post.

You can access this evening's order of the U.S. Court of Appeals for the Fifth Circuit at this link.

And online at Slate, Emily Bazelon has a jurisprudence essay titled "A Huge Abortion Win in Texas: But will it last?"
Posted at 09:52 PM by Howard Bashman




"Delay on health care subsidies case": Lyle Denniston has this post at "SCOTUSblog."
Posted at 08:07 PM by Howard Bashman




"Appeals court skeptical of government phone surveillance": Richard Wolf of USA Today has this report.

Spencer Ackerman of The Guardian (UK) has a report headlined "NSA bulk collection of phone data under scrutiny as federal case opens; Justice Department officials face pointed questions on opening day of case that could push NSA privacy to supreme court."

Newsday has an update headlined "Manhattan federal appeals judges raise privacy concerns at hearing on NSA data leak lawsuit."

Reuters reports that "Appeals court grills U.S. lawyer on NSA phone collection."

Bloomberg News reports that "NSA Data-Sweep Lawfulness Challenged in NY Appeal Hearing."

The Associated Press reports that "US court hears debate in NSA phone records case."

Josh Gerstein of Politico.com has a blog post titled "Appeals court chilly to feds' arguments for NSA surveillance program."

Matt Sledge of The Huffington Post reports that "Judges Express Fears Over NSA Phone Surveillance At Appeals Hearing."

And at the "Lawfare" blog, Orin Kerr has a post titled "Thoughts on the CA2 Argument on Section 215 in ACLU v. Clapper."
Posted at 08:02 PM by Howard Bashman




"U.S. court revives Botox-linked shareholder suit against Allergan": Dan Levine of Reuters has this report.

And Courthouse News Service has a report headlined "New Life for Botox Investor Case in 9th Circuit."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 07:43 PM by Howard Bashman




"Court: US can withhold Guantanamo detainee images." The Associated Press has this report.

And Jonathan Stempel of Reuters has a report headlined "Photos of alleged 9/11 '20th hijacker' can stay classified: court."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 07:36 PM by Howard Bashman




"Beards in Prison Hold Next Religion Test for Supreme Court": Adam Liptak will have this article in Wednesday's edition of The New York Times.
Posted at 07:15 PM by Howard Bashman




"Sotomayor to receive Hepburn Medal from Bryn Mawr": The Associated Press has this report.

Bryn Mawr College's official announcement is headlined "Bryn Mawr College to Award 2015 Katharine Hepburn Medal to Supreme Court Justice Sonia Sotomayor."
Posted at 06:02 PM by Howard Bashman




ACLU v. Clapper Oral Argument": C-SPAN has posted online at this link the video of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Second Circuit.
Posted at 02:48 PM by Howard Bashman




Sixth Circuit grants rehearing en banc to reconsider telecommuting as a disability accommodation in EEOC v. Ford Motor Co. You can access Friday's order of the U.S. Court of Appeals for the Sixth Circuit (posted online today) granting rehearing en banc at this link.

My earlier coverage of the divided three-judge panel's original ruling in favor of the EEOC can be accessed here. At that earlier post noted, "Eugene Scalia argued the appeal on behalf of appellee Ford Motor Co."
Posted at 01:08 PM by Howard Bashman




"Indiana Right-to-Work Law Upheld by U.S. Court as Constitutional": Bloomberg News has this early report on the ruling that a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued today.

Chief Judge Diane P. Wood's dissenting opinion begins:

Today's decision is either incorrect or it lays bare an unconstitutional confiscation perpetuated by our current system of labor law.
You can access the dissenting opinion directly via this link.

Update: In other coverage, Amanda Becker of Reuters reports that "U.S. appeals court upholds Indiana's right-to-work law."

And The Associated Press reports that "Federal court upholds Indiana right-to-work law."
Posted at 12:55 PM by Howard Bashman




"Constitution Check: What are the Supreme Court's options now on same-sex marriage?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 11:09 AM by Howard Bashman




"Texas Voter ID Trial May Lead to Return of U.S. Oversight": Bloomberg News has this report.
Posted at 11:08 AM by Howard Bashman




Monday, September 1, 2014

"Inspired by His Father's Activism, Tim Wu Is Running for Lieutenant Governor as an Outsider": David W. Chen has this article in today's edition of The New York Times.
Posted at 09:31 PM by Howard Bashman




"Decaying Guantanamo Defies Closing Plans": Charlie Savage has this article in today's edition of The New York Times.
Posted at 09:25 PM by Howard Bashman




"Question of beard and religious freedom unites groups who've been opponents": Robert Barnes has this article in today's edition of The Washington Post.
Posted at 09:00 PM by Howard Bashman




"When Robert Bork called Congress suing the president a 'monstrosity'": Michael D. Barnes had this op-ed recently in The Washington Post.
Posted at 08:51 PM by Howard Bashman




"NSA Phone-Data Collection Program Set for Legal Challenge; Panel of Federal Judges Is First Appeals Court to Address Controversial Program": Joe Palazzolo will have this article in Tuesday's edition of The Wall Street Journal.
Posted at 08:47 PM by Howard Bashman




"Smoking in cigar bars, tobacco outlets ruled unconstitutional": The Lincoln Journal Star has this report on a ruling that the Supreme Court of Nebraska issued last Friday.
Posted at 08:20 PM by Howard Bashman




"Tennessee Supreme Court Justice Janice Holder retires": The Tennessean has this report.
Posted at 08:12 PM by Howard Bashman




"The Second Circuit Hears Oral Argument This Week in Challenge to Section 215 Surveillance": Orin Kerr has this post today at the "Lawfare" blog.
Posted at 04:28 PM by Howard Bashman




"Court to weigh use of race in drawing political lines": Richard Wolf will have this article in Tuesday's edition of USA Today.
Posted at 04:26 PM by Howard Bashman




"The Dawn of the Post-Clinic Abortion": Emily Bazelon had this cover story in yesterday's issue of The New York Times Magazine.
Posted at 02:28 PM by Howard Bashman




"Abbott appeals abortion ruling": The Houston Chronicle has this report.

Late yesterday, Texas filed this stay request in the U.S. Court of Appeals for the Fifth Circuit.
Posted at 02:26 PM by Howard Bashman




"You be the judge: Has the Eighth Circuit gone nuts?" Senior U.S. District Judge Richard G. Kopf had this provocatively titled post yesterday at his "Hercules and the Umpire" blog.
Posted at 02:18 PM by Howard Bashman




"Five Lessons from the Maryland Appellate Blog's First Year": Steve Klepper has this post today at the "Maryland Appellate Blog."

*Spoiler alert* The post mentions the "How Appealing" blog.
Posted at 01:47 PM by Howard Bashman




"The Dubious Sources of Some Supreme Court 'Facts'": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 01:23 PM by Howard Bashman




"The Supreme Court 'What-If' Game: Who could be confirmed in this political climate?" Tony Mauro has this article in this week's issue of The National Law Journal.

You can freely access the full text of the article via Google News.
Posted at 08:22 AM by Howard Bashman




Sunday, August 31, 2014

"Gov. Sam Brownback names former legal counsel Caleb Stegall to the Kansas Supreme Court": Brad Cooper had this article in yesterday's edition of The Kansas City Star. Last September, Cooper had a related article headlined "Kansas Court of Appeals nominee Caleb Stegall has been labeled a 'crunchy con.'"

In yesterday's edition of The Topeka Capital Journal, Tim Carpenter had an article headlined "Brownback names Stegall to Kansas Supreme Court; Former aide was among three finalists for job."

And The Wichita Eagle reported yesterday that "Gov. Sam Brownback names former aide Caleb Stegall to Supreme Court."
Posted at 08:40 PM by Howard Bashman




"Texas looks to Supreme Court to block Confederate license plates": Today's edition of The Dallas Morning News contains an article that begins, "The legal sparring between Texas and supporters of a Confederate battle flag license plate has rumbled into its fifth year, even longer than the Civil War."
Posted at 11:34 AM by Howard Bashman




"After Supreme Court win over Riviera, man envisions floating homes": The Palm Beach Post contains this article today.
Posted at 11:30 AM by Howard Bashman




Saturday, August 30, 2014

In posts of interest from Eriq Gardner at the "Hollywood, Esq." blog of The Hollywood Reporter: Yesterday he had a post titled "Aereo Tells Judge It Can Beat Lawsuit Despite Supreme Court Ruling; The digital company also renews a challenge to the irreparable harm faced by TV broadcasters."

And on Thursday he had a post titled "MLB Swings for Appeal in Lawsuit That Could Shake Up Sports Broadcasting; The professional baseball league wants to present the issue of whether its antitrust exemption applies to territorial broadcast rules."
Posted at 10:33 PM by Howard Bashman




"Endless Assault on Health Care Reform": This editorial will appear in Sunday's edition of The New York Times.
Posted at 10:04 PM by Howard Bashman




"Amish Beard-Cutters Were Criminals, Not Haters": Law professor Noah Feldman has this essay online at Bloomberg View.

And at the "Balkinization" blog, law professor Marty Lederman has a post titled "Disturbing reversal of hate-crime convictions in Amish hair-cutting case."
Posted at 09:50 PM by Howard Bashman




"Prosecutor's 'lesbian' argument wins new trial for maid": Bob Egelko of The San Francisco Chronicle has an article that begins, "When a live-in household maid was charged with molesting her employers' young daughter, the prosecutor told the jury her motive was that she was a lesbian, 'attracted to females' of any age. That argument was both scientifically unfounded and prejudicial, a state appeals court said Thursday in overturning the woman's conviction and 16-year prison sentence."

And The Orange County Register reports that "Insinuations about defendant's sexuality tainted trial, court rules; Orange County prosecutor had argued woman was a lesbian, which was 'motive' to molest girl."

Associate Justice William W. Bedsworth wrote Thursday's ruling of the California Court of Appeal for the Fourth Appellate District.
Posted at 09:12 PM by Howard Bashman




"California Governor Appeals Court Ruling Overturning Protections for Teachers": Sunday's edition of The New York Times will contain an article that begins, "Wading into an intense national battle that has pitted teacher unions against a movement to weaken tenure protections, Gov. Jerry Brown has appealed a California judge's sweeping ruling that threw out teacher job protection laws on the ground that they deprived students of their constitutional rights."
Posted at 08:57 PM by Howard Bashman




Friday, August 29, 2014

"Court revives lawsuit in fatal police shooting in Anaheim; Appeals court says jury must decide whether officers acted reasonably in the death of Caesar Cruz in 2009": The Orange County Register has this report.

Maura Dolan of The Los Angeles Times reports that "Appeals court revives suit against Anaheim police in fatal shooting."

And Bob Egelko of The San Francisco Chronicle reports that "Family's lawsuit over killing by cops reinstated by U.S. court."

Chief Judge Alex Kozinski wrote yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit on behalf of a unanimous three-judge panel.
Posted at 01:28 PM by Howard Bashman




"Oracle loses bid to restore $1.3 billion SAP verdict, could get new trial": Jonathan Stempel of Reuters has this report.

And Bloomberg News reports that "Oracle Offered Reduced Damages or Retrial in SAP Case."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:16 PM by Howard Bashman




"Supreme Court Beach": Artist Todd Crespi has posted this painting online, with annotations.
Posted at 01:11 PM by Howard Bashman




"Gay marriage: Which case will the Supreme Court choose?" Richard Wolf of USA Today has this report.
Posted at 01:07 PM by Howard Bashman




"D.C. appellate judges and the art of judicial writing": Michael Doyle of McClatchy Washington Bureau has this post today at his "Suits & Sentences" blog.
Posted at 01:00 PM by Howard Bashman




Access online today's Order List of the U.S. Supreme Court: At this link.
Posted at 12:08 PM by Howard Bashman




"Obamacare's Latest Threat Nears Turning Point in Court": Greg Stohr of Bloomberg News has this report.
Posted at 09:20 AM by Howard Bashman




"State Licensing Boards Under Fire From Within": In yesterday's edition of The Wall Street Journal, Angus Loten and Sarah E. Needleman had an article that begins, "The Supreme Court will take up an antitrust case this fall that could curb the proliferation of state licenses, a top worry for U.S. small-business owners and entrepreneurs."
Posted at 08:17 AM by Howard Bashman




Thursday, August 28, 2014

"Big wins elusive for EPA in Clean Water Act showdowns": Jeremy P. Jacobs of Greenwire has this report today.
Posted at 03:05 PM by Howard Bashman




Eighth Circuit reinstates plaintiff's claims of libel per se, false light invasion of privacy, and breach of contract in Jane Doe v. Sammy Hagar: You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 01:08 PM by Howard Bashman




"Practitioner's Guide to Reorganized Supreme Court Clerk's Office": Tony Mauro of The National Law Journal has this Supreme Court Brief.

You can freely access the full text of the article via Google News.
Posted at 11:25 AM by Howard Bashman




"The Extreme Partisanship of John Roberts's Supreme Court: Like Barack Obama, the chief justice came into office promising an age of apolitical comity; And like the president, he has seen his dream die." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 10:54 AM by Howard Bashman




"Santa Fe a favorite summer getaway for Justice Ginsburg": The Santa Fe New Mexican has this report.
Posted at 10:52 AM by Howard Bashman




Wednesday, August 27, 2014

Tenth Circuit considers applicability of NLRB v. Noel Canning to NLRB member appointed during an intra-session recess exceeding two weeks: You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.

And, because Circuit Judge Neil M. Gorsuch is the opinion's author, you are guaranteed a very well-written and highly readable decision.
Posted at 10:54 PM by Howard Bashman




"Christian evangelists lose appeal over police action at 2012 Detroit-area Arab festival": The Associated Press has this report on the ruling that a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 10:36 PM by Howard Bashman




"Convictions of Amish Sect Leader and Followers Overturned in Hair-Cutting Attacks": Erik Eckholm will have this article in Thursday's edition of The New York Times.

And Torsten Ove of The Pittsburgh Post-Gazette has a news update headlined "U.S. appeals court in Ohio overturns hate crime convictions of 16 Amish."

My earlier coverage of today's Sixth Circuit ruling appears at this link.
Posted at 10:32 PM by Howard Bashman




"Sarah Parker leaves legacy on Supreme Court": The Charlotte Observer has this report.

And the newspaper also has a related editorial titled "How old is too old for judges?"
Posted at 10:26 PM by Howard Bashman




"Florida court fast-tracks key gay marriage case to state Supreme Court; In a somewhat unusual move, a Florida court directly referred a case involving the divorce of a same-sex couple to the state Supreme Court; The high court's decision could make Florida the 20th state to legalize gay marriage": Warren Richey of The Christian Science Monitor has this report.
Posted at 10:18 PM by Howard Bashman




"Timothy Wu for Lieutenant Governor": This editorial will appear in Thursday's edition of The New York Times.
Posted at 09:58 PM by Howard Bashman




"Checking In on the Town of Greece: The town set a new prayer policy, and -- surprise, surprise -- it doesn't include atheists." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:30 PM by Howard Bashman




"Judge finalizes 'Sister Wives' ruling as both sides prepare for appeals": Nate Carlisle of The Salt Lake Tribune has this news update.
Posted at 09:22 PM by Howard Bashman




"Court to FedEx: Your drivers are full time, entitled to benefits." Bob Egelko of The San Francisco Chronicle has this news update.

Howard Mintz of The San Jose Mercury News has an update headlined "Lawsuit targeting FedEx-driver work conditions can proceed."

Amanda Becker of Reuters reports that "U.S. court clears FedEx Ground drivers to pursue wage, benefit claims."

Dave Jamieson of The Huffington Post reports that "Reagan Appointee 'Unravels FedEx's Business Model' In Court Ruling."

Today a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued two related decisions in these cases, and you can access the rulings here and here.
Posted at 08:40 PM by Howard Bashman




"Gay marriage advocates to urge top court to strike down state bans": Lawrence Hurley of Reuters has this report.
Posted at 08:20 PM by Howard Bashman




"Landmark civil rights legal records deleted from Pacer": BBC News has this report.

At "Boing Boing," Cory Doctorow has a post titled "As Office of US Courts withdraws records for five top benches, can we make them open?"

And Jeff John Roberts of Gigaom has a post titled "Why the federal court record system PACER is so broken, and how to fix it."
Posted at 08:12 PM by Howard Bashman




"A bench slap portends trouble in paradise": Last Friday at his "Hercules and the Umpire" blog, Senior U.S. District Judge Richard G. Kopf had a post that begins "This post is about politics within the federal judiciary. It also about pecking order within the hierarchy of the federal judiciary. While I don't care a bit about the substantive issue, the dispute I am about describe is fascinating because it has the potential of setting up a battle of judicial titans and I am a voyeur."
Posted at 08:02 PM by Howard Bashman




"Plebiscite appeal heard: 9th Circuit judges take on political status vote." The Pacific Daily News of Guam has this report.

A photograph accompanying the article shows that Circuit Judge N. Randy Smith did his usual pre-argument courtroom meet-and-greet before the session began.
Posted at 07:58 PM by Howard Bashman




"NOM's appeal denied to defend Oregon marriage law": The Salem Statesman Journal has a news update that begins, "The right of same-sex couples to marry in Oregon was further solidified Wednesday afternoon through a ruling issued by the 9th Circuit Court of Appeals."

You can access today's order of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 07:40 PM by Howard Bashman




"Offerman appeals judgment in bat attack case": The Associated Press has a report that begins, "Former major league baseball player Jose Offerman is appealing a federal court order that he pay $940,000 to a catcher injured during a minor league brawl in 2007."

Late last month, The Connecticut Post reported on the verdict in an article headlined "Jury awards Bluefish catcher $940k in bat-attack trial."

My earlier coverage of this matter -- linking to an article about the plaintiff, who is now a practicing attorney -- can be accessed here.
Posted at 01:27 PM by Howard Bashman




"Court rules records of threats against Kasich are not public": The Columbus (Ohio) Dispatch has a news update that begins, "The Ohio Supreme Court ruled today that records of threats against Gov. John Kasich are not public records since they contain information that could threaten the safety of the governor."

You can access today's ruling of the Supreme Court of Ohio at this link.
Posted at 01:22 PM by Howard Bashman




"Democrats embrace 'McCutcheon' decision; New 'jumbo' joint fundraising committee follows liberals' harsh criticism of Supreme Court ruling": The Center for Public Integrity has this report.
Posted at 01:18 PM by Howard Bashman




"State court: Workers' comp OK for kickball injury." The Associated Press has this report on a 3-to-2 ruling that the Supreme Court of South Carolina issued today.
Posted at 01:12 PM by Howard Bashman




"Appeal Judge Sees Tradition of Racism in Gay-Marriage Ban": Andrew Harris of Bloomberg News has this report.
Posted at 01:00 PM by Howard Bashman




"Court overturns convictions in Amish hair attacks": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.

Circuit Judge Jeffrey S. Sutton delivered the opinion for the majority on a divided three-judge panel.

U.S. District Judge Edmund A. Sargus, Jr. (S.D. Ohio) (sitting by designation) begins his dissenting opinion as follows:

This is the first appellate case involving a religious hate crime under the Hate Crimes Prevention Act of 2009, 18 U.S.C. sec. 249. While I respect the majority's efforts to construe a deceivingly simple, but actually complex, statute, I dissent. In my view, the majority has adopted an unduly restrictive interpretation of the statute.
You can access the dissenting opinion directly via this link.

Update: In other coverage, The Cleveland Plain Dealer has a news update headlined "Federal appeals court overturns Amish beard-cutting convictions, citing erroneous jury instructions."
Posted at 12:03 PM by Howard Bashman




"Katyal ice bucket challenge": Neal Katyal has today posted this video online at YouTube.
Posted at 11:47 AM by Howard Bashman




"U.S. District Judge Mark Fuller should resign": Today's edition of The Montgomery (Ala.) Advertiser contains an editorial that begins, "A federal judgeship exemplifies the concept of an office of public trust, perhaps more than any other. Federal judges wield great authority and exercise great influence in the judicial system -- and they do so with the Constitution's provision of a lifetime appointment."
Posted at 10:04 AM by Howard Bashman




"Supreme Court may take up D.C. drug case; Civil liberties groups see judicial overreach": Jim McElhatton of The Washington Times has this report.
Posted at 10:02 AM by Howard Bashman




"Cleveland's 'jock tax' is legally justifiable, state tells Supreme Court": The Cleveland Plain Dealer has this report.

You can view the State of Ohio's amicus brief at this link, while the brief for appellant -- former Chicago Bears linebacker Hunter T. Hillenmeyer -- can be accessed here.
Posted at 09:57 AM by Howard Bashman




"In Boise, Justice Scalia calls Idaho water review 'a great state triumph'; The state asserts its authority by securing water rights along with those of Indian tribes": The Idaho Statesman has this report.
Posted at 08:24 AM by Howard Bashman




Tuesday, August 26, 2014

"Supreme Court social media rap-lyrics case brings Eminem into the fold; When does online speech become a 'true threat' unprotected by the US Constitution?" David Kravets of Ars Technica had this report yesterday.

You can view the merits brief for appellant filed last week in the U.S. Supreme Court in Elonis v. United States at this link.
Posted at 09:08 PM by Howard Bashman




"Indefensible: Why Khalid Sheikh Mohammed's lawyer is leaving the defense team -- and the Army." Gabriel Urza has this jurisprudence essay online today at Slate.
Posted at 08:46 PM by Howard Bashman




"Nice Try, Obama -- The president's latest accommodation to the contraception mandate has one problem: Religious employers won't go for it." Emily Bazelon has this jurisprudence essay online today at Slate.
Posted at 08:44 PM by Howard Bashman




"How the Supreme Court Protects Bad Cops": Erwin Chemerinsky will have this op-ed in Wednesday's edition of The New York Times.
Posted at 08:33 PM by Howard Bashman




"Federal appeals court says groups can sue over Blair Mountain": Paul J. Nyden of The Charleston (W. Va.) Gazette has this news update.

Reuters reports that "U.S. court rules for groups defending historic site from coal mining."

And The Hill has a report headlined "Court: Greens can sue to protect coal labor battle site."

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 08:17 PM by Howard Bashman




"Appellate court to hear arguments on island for first time in 12 years": The Pacific Daily News of Guam has this report.

You can click here to learn the identities of the three judges who are making the very lengthy flight to Guam to hear a total of 90 minutes worth of oral arguments.
Posted at 08:04 PM by Howard Bashman




In the September 2014 issue of ABA Journal magazine: Mark Walsh has an article headlined "Home-care aides don't owe union fees, but court stops short of overruling a key precedent."

And the new installment of Bryan A. Garner's "On Words" column is headlined "Stop: Before you hit 'send' . . . ."
Posted at 07:54 PM by Howard Bashman




"Gripes About Federal Bench: Banal to Bizarre; Peek into 11th Circuit misconduct file shows many complaints, no discipline." Alyson M. Palmer will have this article in Wednesday's edition of The Fulton County Daily Report.

You can freely access the full text of the article via Google News.
Posted at 07:48 PM by Howard Bashman




"Thousands of Electronic Case Files Lost in Transition": Today at WSJ.com's "Law Blog," Joe Palazzolo has a post that begins, "The federal judiciary has ditched years of electronic court documents, as part of a migration to a new system, a courts spokeswoman said."

The official announcement of the news -- which will affect electronic access to certain case files of four federal appellate courts -- can be accessed here.

Update: In other coverage, Joe Mullin of Ars Technica reports that "US courts trash a decade's worth of online documents, shrug it off; For pre-2010 documents in three appeals courts, you'll have to go in person."
Posted at 05:16 PM by Howard Bashman




"U.S. Supreme Court expert joins legal team fighting Oklahoma's same-sex marriage ban; Stanford University's Jeffrey L. Fisher will be lead counsel for the Tulsa County couple at the center of Oklahoma's same-sex marriage case": Chris Casteel of The Oklahoman has this report.
Posted at 05:10 PM by Howard Bashman




"Birmingham attorney Donald Watkins tells U.S. Supreme Court Chief Justice that federal judge Mark Fuller should be removed from bench": The Birmingham News has this update.

And last Thursday, the AL.com Editorial Board posted online an editorial titled "Personal failings should lead federal judge to resign."
Posted at 05:02 PM by Howard Bashman




Access online the audio from today's Seventh Circuit oral argument in the Indiana same-sex marriage case: Via this link (17.7 MB mp3 audio file). Update: The oral argument in the Wisconsin same-sex marriage case can now be accessed via this link (22.8 MB mp3 audio file).

In early coverage, Jill Disis and Tim Evans of The Indianapolis Star have a news update headlined "Judges quiz state about gay marriage ban's impact on kids."

Patrick Marley of The Milwaukee Journal Sentinel has a news update headlined "Court calls Wisconsin, Indiana gay marriage bans into question."

And Michael Tarm of The Associated Press reports that "Judges blast Indiana, Wisconsin gay marriage bans."

Update: In other coverage, Reuters reports that "U.S. appeals court challenges states on gay marriage bans."

Bloomberg News has this updated report.

And Chris Geidner of BuzzFeed reports that "Indiana, Wisconsin Lawyers Get Tough Questions Over States' Marriage Bans; The three 7th Circuit Court of Appeals judges appeared ready to strike down Indiana's law and Wisconsin's constitutional amendment banning same-sex couples from marrying."
Posted at 01:15 PM by Howard Bashman




"Philip Morris Loses Bid to Toss Military Contract Litigation": Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.

And in other coverage, Lawrence Hurley of Reuters reports that "Philip Morris ordered to defend fraud suit over U.S. military vendors."
Posted at 12:55 PM by Howard Bashman




"Same-sex marriage case: A look at the dueling attorneys." Tim Evans of The Indianapolis Star has this report.

Patrick Marley and Dana Ferguson of The Milwaukee Journal Sentinel previewed today's oral argument in an article headlined "Federal court to take up gay marriage bans in Wisconsin, Indiana."

And Bloomberg News reports that "Wisconsin, Indiana Join Rush for Same-Sex Marriage Review."
Posted at 12:51 PM by Howard Bashman




"New plea to limit gun rights in D.C." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 11:14 AM by Howard Bashman




"Crowds line up to hear federal gay marriage appeal": The Associated Press has this report from Chicago.

When the U.S. Court of Appeals for the Seventh Circuit posts online the audio of today's oral arguments, I will link to it.
Posted at 11:12 AM by Howard Bashman




"We decline to rule that Strickland requires an appellate attorney to read advance sheets and consider newly-decided cases in the weeks or months after a direct appeal is fully briefed, argued, and submitted for decision." So rules the U.S. Court of Appeals for the Eighth Circuit in a decision issued today rejecting a claim of ineffective assistance of appellate counsel in a criminal case.
Posted at 11:09 AM by Howard Bashman




Received in yesterday's mail: An advance review copy of the forthcoming book "Judging Statutes," by Robert A. Katzmann. The book's author currently serves as Chief Judge of the U.S. Court of Appeals for the Second Circuit.

The book's announced on-sale date is September 11, 2014. According to the publisher's web page, the book "[o]ffers a powerful challenge to Antonin Scalia's textualist approach" and presents "[a] spirited and compelling defense of why judges must look at the legislative record behind a law -- and not merely the statute itself."
Posted at 10:30 AM by Howard Bashman




"Indiana, Wisconsin couples in gay marriage case": The Associated Press has this report.

The three-judge Seventh Circuit panel assigned to hear and decide these cases, being orally argued today, consists of Circuit Judges Richard A. Posner, Ann Claire Williams. and David F. Hamilton.
Posted at 09:51 AM by Howard Bashman




"Republican Lawyers' Latest Sneak Attack on Obamacare Is Their Most Brazen Yet": Simon Lazarus has this essay online at The New Republic.

Last week at the "Balkinization" blog, Rob Weiner had a post titled "Taking Liberties with the Last Word."

And in response, at "The Volokh Conspiracy," Jonathan H. Adler had a post titled "Taking liberties with law and word -- a surreply to Rob Weiner."
Posted at 08:44 AM by Howard Bashman




"The Witness: For more than a decade, it was Michelle Lyons's job to observe the final moments of death row inmates -- but watching 278 executions did not come without a cost." Pamela Colloff will have this article in the September 2014 issue of Texas Monthly.
Posted at 08:40 AM by Howard Bashman




"Journalists, ACLU file federal lawsuit over botched Oklahoma execution; A group of international and local journalists are suing the Oklahoma Corrections Department, alleging the closing of the blinds during the botched execution of Clayton Lockett violated the public's First Amendment rights": Graham Lee Brewer has this article in today's edition of The Oklahoman.

The Guardian (UK) reports that "ACLU challenges Oklahoma over first amendment violation in execution; The Guardian and the Oklahoma Observer join ACLU in arguing the state acted unconstitutionally by drawing a screen during Clayton Lockett execution."

The Oklahoma Observer reports that "Lawsuit Seeks Uncensored Access To Executions."

And The Associated Press reports that "News media sue over Oklahoma execution procedures."

Yesterday, the ACLU issued this news release and posted online the complaint initiating suit.
Posted at 08:25 AM by Howard Bashman




Monday, August 25, 2014

"Federal appeals court questions Kansas' proof-of-citizenship rules": The Wichita Eagle has this news update.

And The Associated Press reports that "Appeals court questions proof-of-citizenship rules."
Posted at 10:45 PM by Howard Bashman




"First Day of Classes Without Dan Markel": WCTV in Tallahassee has this report today.
Posted at 10:32 PM by Howard Bashman




"The lawyer who challenged the Harper government and won": Sean Fine had this article in Saturday's edition of The Toronto Globe and Mail.
Posted at 10:28 PM by Howard Bashman




"Health-care fears loom large in gay marriage cases": The Associated Press has this report.
Posted at 10:25 PM by Howard Bashman



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