How Appealing

Tuesday, January 21, 2014

"41 years after Roe v. Wade, abortion foes undaunted; In annual report, National Right to Life Committee applauds antiabortion measures in states, and takes the long view on getting measures through Congress and before the Supreme Court": Linda Feldmann of The Christian Science Monitor has this report.
Posted at 10:38 PM by Howard Bashman

"U.S. Supreme Court asked to review Delaware's 'secret trials' case": Tom Hals of Reuters has this report.
Posted at 10:09 PM by Howard Bashman

"The New Aaron Swartz Documentary at Sundance": Tim Wu has this blog post online today at The New Yorker.
Posted at 10:07 PM by Howard Bashman

"Texas Prepares to Execute Mexican Despite Concerns That His Arrest Violated Law": Manny Fernandez will have this article in Wednesday's edition of The New York Times.
Posted at 10:05 PM by Howard Bashman

"Disarming the White House": Norman J. Ornstein will have this op-ed about the pending U.S. Supreme Court recess appointment case in Wednesday's edition of The New York Times.
Posted at 10:03 PM by Howard Bashman

"Justices Appear Divided On a Sweeping Challenge To Public Workers' Unions": Adam Liptak will have this article in Wednesday's edition of The New York Times.

In Wednesday's edition of The Washington Post, Robert Barnes will have an article headlined "Supreme Court considers major change in public employee unions."

David G. Savage of The Los Angeles Times reports that "Supreme Court considers striking down mandatory public union dues."

Richard Wolf of USA Today reports that "Justices hear case threatening public employee unions; An effort by home-care workers to opt out of union representation threatens the labor movement."

On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "High Court Considers Legality Of 'Fair Share' Union Fees."

At Education Week's "School Law" blog, Mark Walsh has a post titled "Supreme Court Weighs High-Stakes Case on Union Fees."

At, Daniel Fisher has a post titled "Supreme Court Debate: Are Public-Sector Unions Too Political?"

And online at The Atlantic, law professor Garrett Epps has an essay titled "The Supreme Court Case That Could Clobber Public-Sector Unions."
Posted at 10:00 PM by Howard Bashman

"I'm hoping for a victory for crime victims' rights tomorrow before the Supreme Court": Paul Cassell has this post at "The (newly relocated) Volokh Conspiracy" about the case he will be arguing tomorrow at the U.S. Supreme Court.
Posted at 06:07 PM by Howard Bashman

"Argument preview: Checking up on gun buyers." Lyle Denniston has this post at "SCOTUSblog."
Posted at 05:56 PM by Howard Bashman

"Court: Jurors can't be dismissed because of sexual orientation." Bob Egelko of The San Francisco Chronicle has this news update.
Posted at 05:54 PM by Howard Bashman

"Citizens United, 4 years later": Byron Tau of has this report.
Posted at 05:52 PM by Howard Bashman

"Filibuster Challenge Meets Resistance in D.C. Circuit": Todd Ruger has this post at "The BLT: The Blog of Legal Times."

You can access via this link the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit.
Posted at 05:46 PM by Howard Bashman

After waiting more than two years and four months, what's one more day? The Supreme Court of Pennsylvania today decided the case that I described on September 13, 2013 -- the two-year anniversary of my oral argument of the appeal -- as "my oral argument toddler."

Ordinarily, Pennsylvania's highest court would post the decision online on the day of issuance. However, due to the big snowstorm affecting Philadelphia today, the court's Philadelphia filing office closed at 2 p.m. today. Consequently, the opinion was not posted online today.

Here is what I currently know, thanks to the Pa. Supreme Court's updated docket sheet in the case. The decision of the Superior Court of Pennsylvania, which was partially in favor of my client and partially in favor of the defendants, was affirmed in part and reversed in part. That disposition, however, can describe a large range of possible outcomes in the case. I also know that Justice Thomas G. Saylor wrote the majority opinion, in which Justices Max Baer, Debra McCloskey Todd, and Seamus P. McCaffery joined. Finally, I know that Justice J. Michael Eakin issued a dissenting opinion, in which Chief Justice Ronald D. Castille joined.

The wait for a decision has ended. And the wait to learn the precise outcome of the case and what the court's decision actually says has begun, starting midday today.
Posted at 05:37 PM by Howard Bashman

"'Raging Bull' on the ropes in copyright challenge; Justices' decision will hinge on whether the daughter of a screenwriter waited too long to file her case": Richard Wolf of USA Today has this report.
Posted at 05:02 PM by Howard Bashman

"Court Oks Excessive Credit Card Fees, Reluctantly": At her "Trial Insider" blog, Pamela A. MacLean has this post on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 04:55 PM by Howard Bashman

"Argument preview: Paying a price for child porn." Lyle Denniston has this post at "SCOTUSblog."
Posted at 04:50 PM by Howard Bashman

"Justices weigh anonymous tips in traffic stops": Mark Sherman of The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: Pushing the hypotheticals."

Update: In other coverage, Michael Doyle of McClatchy Washington Bureau reports that "In anonymous tips case, Supreme Court doesn't tip its hand."
Posted at 04:40 PM by Howard Bashman

"The Volokh Conspiracy joins The Washington Post": You can access the press release at this link.

You can view the WaPo version of the VC by clicking here.

Update: An explanatory post from Eugene Volokh is titled "In Brazil, you can always find the Amazon -- in America, the Amazon finds you."

Contrary to my initial comment, above, there is no WaPo version of the VC -- rather, only the WaPo version will exist going forward. In addition, the VC after six months will exist "behind the Post's rather permeable paywall."
Posted at 03:28 PM by Howard Bashman

"U.S. justices referee 'Raging Bull' copyright fight": Lawrence Hurley of Reuters has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Petrella v. Metro-Goldwyn-Mayer, Inc., No. 12-1315.

Update: In other coverage, Jesse J. Holland of The Associated Press reports that "Justices hear appeal over 'Raging Bull.'"
Posted at 02:56 PM by Howard Bashman

"State victories create dilemma for abortion foes": The Associated Press has this report.
Posted at 02:52 PM by Howard Bashman

"The BLT: The Blog of Legal Times" opts to become more difficult to access. Mike Scarcella has the announcement at this link.

Heading in the opposite direction, as previously reported,'s "Law Blog" recently decided to make itself much more accessible by entirely dropping its paywall.

Lest anyone be concerned, the "How Appealing" blog's agreement with ensures that this blog will remain freely accessible to all who have internet access.
Posted at 02:31 PM by Howard Bashman

"Va. Supreme Court declines to rehear Virginia Tech shooting case; The ruling effectively ends the case in the state court system": The Roanoke Times has this news update.
Posted at 02:01 PM by Howard Bashman

"Argument recap: Public employee unionism under fire." Lyle Denniston has this post at "SCOTUSblog."

Update: In other coverage, The Associated Press reports that "Court debates union fees for nonunion workers."

And Greg Stohr of Bloomberg News reports that "Union Fees Debated in Supreme Court Case Over Labor Power."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Harris v. Quinn, No. 11-681.
Posted at 12:35 PM by Howard Bashman

"This appeal's central question is whether equal protection prohibits discrimination based on sexual orientation in jury selection." A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit answered "yes" in a decision issued today.

Update: In early news coverage, Howard Mintz of The San Jose Mercury News has a report headlined "Gay bias in jury selection: federal appeals court forbids barring gays and lesbians from jury service."

Maura Dolan of The Los Angeles Times has a news update headlined "Court says prospective jurors can't be removed because they are gay."

Dan Levine of Reuters reports that "Exclusion of gay juror forces new U.S. trial between GSK, Abbott."

The Associated Press has a report headlined "Court: Gay juror was taken off panel improperly."

Chris Geidner of BuzzFeed reports that "Federal Appeals Court Says Jurors Can't Be Excluded Because They Are Gay."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Sexual Orientation No Basis to Block Jurors."
Posted at 12:31 PM by Howard Bashman

"Apple gets temporary reprieve from e-books monitor": Reuters has this report.

And Bloomberg News reports that "Apple Wins Temporary Delay on U.S. E-Books Monitor."
Posted at 11:06 AM by Howard Bashman

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

In early news coverage, The Associated Press reports that "Supreme Court upholds Hawaii reapportionment" and "High court stays out of Conn. layoff case."

Bloomberg News reports that "SAP Rejected by Supreme Court Over $391 Million Loss."

Lawrence Hurley of Reuters reports that "U.S. top court declines to hear $345 million SAP AG patent appeal."

And at "SCOTUSblog," Lyle Denniston has a post titled "Hawaii redistricting upheld."
Posted at 09:40 AM by Howard Bashman

"Harris v. Quinn: The Context of First Amendment Claims." Benjamin Sachs has this post at the blog "On Labor," whose entire home page is devoted to the case right now.
Posted at 09:28 AM by Howard Bashman

"What Happens to the Death Penalty When Lethal Injection Isn't Quick and Painless?" Andrew Cohen has this essay online today at The Daily Beast.
Posted at 08:32 AM by Howard Bashman

"India top court commutes 15 death sentences over 'delay'": BBC News has this report.
Posted at 08:30 AM by Howard Bashman

"Supreme Court battle over what child pornography viewer owes victim": Cheryl Wetzstein of The Washington Times has this report.
Posted at 08:27 AM by Howard Bashman

"Court questions judge's travel expenses; Former top judge of federal appeals court faces Justice Department investigation": Dan Horn has this article today in The Cincinnati Enquirer.

You can access this blog's earlier related posts here, here, and here.
Posted at 08:23 AM by Howard Bashman

"Supreme Court to hear 1st Amendment challenge to labor unions; Chicago-area in-home care providers will ask justices to reconsider a union practice that requires workers to pay dues": David G. Savage has this article today in The Los Angeles Times.

And on today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment titled "A Union For Home Health Aides Brings New Questions To Supreme Court."
Posted at 08:11 AM by Howard Bashman

eXTReMe Tracker

From the Newswire:

Click to open links in new

Advertise on Legal Blogs

Related Blogs

20 Questions for the
 Appellate Judge

How Appealing Extra

My Appellate Columns
Especially Appealing Blogs

Above the Law


Adam Smith, Esq.


Bag and Baggage


The Becker-Posner Blog

Bench Memos

The BLT: The Blog of Legal Times

Concurring Opinions

Confirm Them

The Confrontation Blog

Copyrights & Campaigns



Dorf on Law

Drug and Device Law

Election Law

Ernie the Attorney


Jack Bog's Blog

Jeremy Blachman's Brand New Weblog

Law News Now

Legal Theory

Notes from the (Legal) Underground



Religion Clause


Sentencing Law and Policy

TalkLeft: The Politics of Crime

TaxProf Blog

Threat Level

Throwing Things + busblog

The Volokh Conspiracy


Workplace Prof Blog's Law Blog

Other Links's The Note

The Associated Press Newswire

Best of the Web Today

The Corner

McSweeney's Internet Tendency

Movie Review Query Engine

Obscure Store & Reading Room

The Onion




Even More Blogs

The 10b-5 Daily

Abstract Appeal

The Agitator

Alas, a blog

Anonymous Lawyer

Appellate Law & Practice

Balloon Juice

The Baseball Crank

Beautiful Confusion

Begging The Question

Begging to Differ

Behind the Homefront



Betsy's Page

Big Picnic


The Bitch Girls

the bitter shack of resentment

The Bleat

Blithering Idiot

The Blog from the Core

Blonde Justice

Blue Mass. Group

Body and Soul

Boing Boing

Braves Journal

Brendan O'Neill

Brian Peterson's Legal Weblog

Brothers Judd Blog

The Buck Stops Here




California Insider

Captain Indignant's Fortress of Peevishness

Chicago Boyz

Civil Liberties Watch

Class Maledictorian

Clayton Cramer's BLOG

a clever sheep

The Comedian

Common Sense and Wonder



Copyfight: The politics of IP

Corp Law Blog

Corsair the Rational Pirate

Criminal Appeal


Critical Mass

Crooked Timber

Croooow Blog

Current copyright readings

cut on the bias


Daniel W. Drezner

Dave Copeland

Deadly Mantis

Dean's World

death by committee

Delaware Law Office


The Doc Searls Weblog


Dr. Weevil

Dubyanell Feds

easily distracted



EmoryLaw Adam

Eric's Weblog


excited utterances

FalconRed goes to Law School

Final Protective Fire

the fog of warre

for the sake of clarity


Froggi's update

Frothing at the Mouth




Geodog's MT Weblog

George's Employment Blawg

Gideon's Blog

Grant M Henninger

GreenGourd's Garden


grrrl meets world

Half the Sins of Mankind

Heh. Indeed.

Hit & Run



Hose Monster Blog

Howling Point


The Importance Of

inappropriate response


In Context

The Indiana Law Blog


Insolvent Republic Of Blogistan

Inter Alia


Ipse Dixit


Jens 'n' Frens

Jewish Buddha

Jim Dedman


Joe Gratz's blog

John Scalzi's Whatever


Jumping To Conclusions


Ken Layne

Kieran Healy's Weblog

The Kitchen Cabinet


Kiwi Pundit

Kyle Still Free Press


Law Dork


Lawrence Lessig

Law School UNconfidential


Legal Fiction

Legal Ramblings

The Legal Reader

The Leiter Reports: Editorials, News, Updates

Letters of Marque

Lex Communis

Life, Law, Libido

The Light of Reason

The Lincoln Plawg

little green footballs

Log -- David Chess

Lonestar Expat


The Manifest Border

Mansfield Fox

Man Without Qualities

Mark A.R. Kleiman


Matthew Yglesias

MaxSpeak Weblog

MC Estoppel

Media Dragon



Michael J. Totten

Mirthful Ones | blog

ms. morality

Natalie Solent

Neal Pollack's The Maelstrom

The Neutral Zone Trap

nikita demosthenes


No Left Turns

Notes from the (1L) Underground

No Watermelons Allowed

Nuts and Boalts

Off the Kuff

Off the Pine

Oliver Willis

One Fine Jay

One Maven

Open Book

Oscar Jr. Was Here

Outside the Beltway


Overtaken by Events


Oy Vey!

Paper Chase

Parkway Rest Stop

Pathetic Earthlings

Patio Pundit

Patterico's Pontifications

Paul's Boutique

The Perpetual Three-Dot Column

Phillip Coons


Political Animal

Political Parrhesia

Political State Report

Power Line

Prince Roy's Realm

Public Defender Dude

Q Daily News


rabbit blog

Rachel Lucas

Rain Man 2

Random Jottings


The Rattler

Reason & Liberty


Regions of Mind

The Remedy

Res Ipsa Loquitur

RiShawn Biddle's The Usual Suspect

The Rittenhouse Review

Robert Fortuno's Weblog

Roger's View

Rory Perry's Weblog

Running With Lawyers

Sarah Eve Kelly

Sarah Lai Stirland


A Sassy Lawyer in Philippine Suburbia

Scoobie Davis Online


Scripting News


Second Opinions

Second p0st

The Securities Law Beacon

Seeking for Righteousness

Semi-Daily Journal

The Shout

Shouting 'Cross the Potomac

Silflay Hraka

Simone Koo

skippy the bush kangaroo

The Slithery D

Snark Attack


Sneaking Suspicions

The Sound And Fury

South Dakota Politics

The Spoons Experience

Sporadic Thoughts


Stop the Bleating!


Sugar, Mr. Poon?

superficial intelligence

Supreme Court Blog

Susan Crawford blog

SW Virginia law blog

Taegan Goddard's
Political Wire

the talking dog

Talking Points Memo



Tech Law Advisor

Terebi II

Texas Law Blog

that abby girl's journal

That Broken Girl

That's News To Me

The Third Branch

Tierney's WeblAG

Tim Blair

Tom Tomorrow

The Trademark Blog

Troppo Armadillo


The Truth Laid Bear

Tutissima Cassis


unbillable hours


Unqualified Offerings

urban nomad

U.S. Supreme Court Blog


The Ville


Waddling Thunder



The Week in Review

William Burton

Will Work for Favorable Dicta

The Wired GC


Woman of the law

Xrlq's Blog

A Yank in Oz

The Yin Blog