How Appealing

Monday, January 10, 2011

"Supreme Court declines to rein in Congress' regulatory powers; The justices reject a constitutional challenge to a law that makes it a federal crime for a felon to have body armor or a bulletproof vest; The case involves the same point of law that is at the heart of pending legal battles over the healthcare law": David G. Savage of The Los Angeles Times has this news update.

Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court: Did it just hint at stance on a health-care law challenge? The Supreme Court refused to take up a case examining Congress's authority under the commerce clause, a key issue in a legal challenge to Obama's health-care law; Two justices dissented."

And Greg Stohr of Bloomberg News reports that "Body Armor Limits Left Undisturbed by U.S. High Court."
Posted at 10:18 PM by Howard Bashman



"A Place on the Sex-Offender Registry for a Crime That May Be Off the Books": Tuesday's edition of The New York Times will contain this new installment of Adam Liptak's "Sidebar" column.
Posted at 10:08 PM by Howard Bashman


"Arizona Supreme Court: Student's cursing isn't a crime." Howard Fischer of The East Valley Tribune has this news update reporting on a ruling that the Supreme Court of Arizona issued today.
Posted at 10:06 PM by Howard Bashman


"Justices Take Up Zicam Case, Questioning Maker on Disclosures to Investors": Adam Liptak will have this article Tuesday in The New York Times.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court debates what complaints companies must disclose to stockholders."

The Arizona Republic has a news update headlined "Matrixx contests credibility of product complaints."

Greg Stohr of Bloomberg News reports that "Drugs, Satan Debated as Justices Mull Investor Suits."

And Reuters reports that "Top court hears case on drugmaker disclosures."
Posted at 10:02 PM by Howard Bashman



"Arizona shootings unlikely to change federal gun laws": Michael Doyle of McClatchy Newspapers has this report.
Posted at 09:00 PM by Howard Bashman


"Feds respond to Fumo attorneys' filing": The Philadelphia Daily News has this update.
Posted at 08:42 PM by Howard Bashman


"Does Dissent in Body-Armor Case Bode Ill For Health-Care Law?" Jess Bravin has this post at WSJ.com's "Law Blog."
Posted at 05:54 PM by Howard Bashman


"Loughner prosecutor has famous legal, political roots": Josh Gerstein has this post at his "Under the Radar" blog at Politico.com.
Posted at 05:44 PM by Howard Bashman


The next time the federal government offers you a money-back guarantee in exchange for paying a fee for expedited governmental service, you may wish to remember this Federal Circuit ruling issued today: A divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued this ruling today.

According to the dissenting opinion, "My colleagues on this panel offer an elaborate analysis of regulatory and contractual abstraction, but no authority ratifies the procedure of a government offer of a fee-based service, where the fee is paid and accepted, the service is refused, and refund is denied despite the explicit promise of a refund in the offer."
Posted at 05:38 PM by Howard Bashman



"Suspect in Giffords shooting smirks in court appearance": The Arizona Republic has this news update.

The New York Times has a news update headlined "Suspect in Ariz. Shooting Faces Charges in Federal Court."

And The Associated Press has reports headlined "Suspect in Arizona shooting held without bail" and "Insanity defense difficult for shooting suspect."
Posted at 05:02 PM by Howard Bashman



"Why Twombly is Good Law (But Poorly Drafted) and Iqbal Will Be Overturned": Law professor Luke Meier has posted this article online at SSRN (via "Legal Theory Blog").
Posted at 02:18 PM by Howard Bashman


"Moment of Silence at the Supreme Court": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 02:12 PM by Howard Bashman


Access online today's Order List of the U.S. Supreme Court: The Court has posted today's Order List at this link. Following last Friday's grants of review in seven cases, the Court today did not grant review in any new cases.

The Court today issued a per curiam opinion in Madison County v. Oneida Indian Nation of N.Y., No. 10-72.

And Justice Clarence Thomas issued a dissent from the denial of certiorari in Alderman v. United States, No. 09-1555. Justice Antonin Scalia joined in the dissent except as to a footnote.

In early news coverage, The Associated Press reports that "High court lets divided jury convictions stand"; "Court refuses to overturn bulletproof vest law"; "High court dismisses Oneida foreclosure case"; "High court turns away appeal from 'birther' leader"; "Court will not overturn $5 million slander award"; and "Court rejects case of US baby sent to Mexico."

And at "SCOTUSblog," Lyle Denniston has a post titled "Dissent on Commerce power: Two Justices file an important dissent on the scope of Congress's power under the Constitution's Commerce Clause -- an issue that is newly energized in the national debate over the new health reform law."
Posted at 09:59 AM by Howard Bashman



"Member of local legal family in line for high-profile appointment": Today in The News Journal of Wilmington, Delaware, columnist Harry Themal has an essay that begins, "Delawareans know the name Seitz because Collins J. was one of Delaware's greatest judges and his son, C.J. Jr., is a highly regarded attorney who is one of three candidates for a U.S. District Court judgeship. There's another Seitz on that distinguished legal list, Virginia A. Seitz, whom President Obama is expected to nominate to the Office of Legal Counsel in the Justice Department."
Posted at 07:58 AM by Howard Bashman


"Gabrielle Giffords shooting: Jared Loughner may get a renowned public defender." This article appears today in The Arizona Republic.

And The Associated Press reports that "Ariz. rampage suspect may seek Unabomber lawyer."
Posted at 07:38 AM by Howard Bashman



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