How Appealing

Friday, January 25, 2013

"Parnell elevates Anchorage judge to Supreme Court; Ends line of justices from Juneau dating back to statehood": The Juneau Empire has this news update.

Alaska Governor Sean Parnell's news release issued today is titled "Governor Elevates Bolger to Supreme Court."
Posted at 11:00 PM by Howard Bashman

"Man With 4th Amendment Written on Chest Wins Trial Over Airport Arrest": David Kravets has this post at's "Threat Level" blog.

At "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Court Upholds Airline Passenger's Claim of First Amendment Retaliation."

And at "The Volokh Conspiracy," Eugene Volokh has a post titled "Man Who Took off His Shirt at TSA Checkpoint, to Reveal Fourth Amendment Written on His Chest, May Proceed with First and Fourth Amendment Claim."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 10:44 PM by Howard Bashman

Washington Nationals to announce that team's first racing Chief Justice: Dan Steinberg of The Washington Post has a blog post titled "Nats will name William Howard Taft new racing president."

In recognition of Taft's service as Chief Justice, his Twitter account is titled @NatsBigChief27.
Posted at 10:08 PM by Howard Bashman

"Court: WikiLeaks Suspects Denied List of Companies Who Received Orders for Records." At's "Threat Level" blog, Kim Zetter has this post reporting on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 06:07 PM by Howard Bashman

"Court Ruling Upsets Conventional Wisdom On Recess Appointments": Carrie Johnson had this audio segment on this evening's broadcast of NPR's "All Things Considered."

Terry Moran of ABC News has a report headlined "Obama's 'Abuse of Power' Argument on Recess Appointments."

Online at Slate, Emily Bazelon has a jurisprudence essay titled "The Meaning of The: How that one little word has gotten Obama into a heap of constitutional trouble."

And online at The Atlantic, law professor Garrett Epps has an essay titled "Democrats Reap the Fruits of Filibuster Fecklessness at the D.C. Circuit Court: On Friday, judges ruled that Obama appointments to the NLRB were unconstitutional; After years of Bush-era grandstanding, Democrats have no one to blame but themselves."

My earlier coverage of today's D.C. Circuit ruling appears here and here.
Posted at 06:04 PM by Howard Bashman

"40 Years After Roe v. Wade, Thousands March to Oppose Abortion": This article will appear Saturday in The New York Times.
Posted at 05:58 PM by Howard Bashman

"Has Justice changed sides on pre-emption of claims vs generics?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 05:56 PM by Howard Bashman

"Aaron Swartz didn't face prison until Feds took over his case; The late Internet activist was facing a stern warning from local prosecutors; But then the U.S. Attorney's office, run by Carmen Ortiz, chose to make an example of Aaron Swartz, a new report says": Declan McCullagh of c|net has this article reporting on an essay titled "The Swartz suicide and the sick culture of the Justice Dept." that Harvey A. Silverglate published this week in Massachusetts Lawyers Weekly.
Posted at 04:44 PM by Howard Bashman

"Mistrial in ex-cheerleader's libel lawsuit": The Associated Press has a report that begins, "Jurors couldn't decide whether two lewd posts about a former Cincinnati Bengals cheerleader were substantially true or not, leading a federal judge to declare a mistrial Friday in her $11 million defamation lawsuit against a gossip website."
Posted at 04:33 PM by Howard Bashman

"Judge unseals 'Jane Doe' lawsuit documents sought by suspended Justice Orie Melvin": Paula Reed Ward of The Pittsburgh Post-Gazette has this news update reporting on a ruling that the U.S. District Court for the Western District of Pennsylvania issued today.

In related coverage, The Post-Gazette has a news update headlined "Lawyer: Justice Orie Melvin worked too hard to be corrupt political operative."

And The Associated Press has a report headlined "Justice Melvin's 'innocent' attorney tells jury."
Posted at 03:52 PM by Howard Bashman

"DOJ: Obama Recess Appointments 'Constitutionally Sound.'" Ryan J. Reilly of The Huffington Post has this report.

The Associated Press has a report headlined "White House: Ruling won't affect other Obama picks."

And The Wall Street Journal has a news update headlined "Court Rules Obama Recess Appointments Unconstitutional."

My earlier coverage of today's D.C. Circuit ruling appears at this link.
Posted at 03:16 PM by Howard Bashman

"Adoptive Parents vs. Tribal Rights": The New York Times has posted online this "Room for Debate" discussion.
Posted at 02:44 PM by Howard Bashman

"Court says EPA overestimates biofuels production": The Associated Press 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 Greenwire reports that "Court faults EPA over cellulosic standards."
Posted at 02:41 PM by Howard Bashman

"Federal court cancels al Qaida filmmaker's Guantanamo conviction": Carol Rosenberg of The Miami Herald has this news update reporting on an order that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 02:10 PM by Howard Bashman

"My Girlfriend (A Manti Te'o Satire)": Jeremy Blachman has this blog entry today at The Huffington Post.
Posted at 01:26 PM by Howard Bashman

"Corruption trial of suspended Justice Orie Melvin and her sister starts": Paula Reed Ward of The Pittsburgh Post-Gazette has this news update.

And Adam Brandolph and Bobby Kerlik of The Pittsburgh Tribune-Review have a news update headlined "Opening statements begin in Joan Orie Melvin corruption trial."
Posted at 12:55 PM by Howard Bashman

"Altria to Appeal Court Order on Cigarette Ads, Packaging": Bloomberg News has this report.
Posted at 12:51 PM by Howard Bashman

"Casey Anthony: Appeal court tosses two of four charges." The Orlando Sentinel has this news update.

And The Associated Press reports that "Court sets aside 2 of Casey Anthony's convictions."

You can access today's ruling of Florida's Fifth District Court of Appeal at this link.
Posted at 12:50 PM by Howard Bashman

"Appeals court upholds lobbyist's conviction": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 11:12 AM by Howard Bashman

D.C. Circuit rules that President Obama's recess appointments to the NLRB were invalid: You can access today's very important ruing of a unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.

Chief Judge David B. Sentelle wrote the majority opinion, in which Circuit Judge Karen LeCraft Henderson joined in full and Circuit Judge Thomas B. Griffith joined in part. Judge Griffith also issued an opinion concurring in part and concurring in the judgment.

In today's ruling, the three-judge panel first unanimously holds that, for purposes of the U.S. Constitution's Recess Appointments clause, a "Recess" of the U.S. Senate "is limited to intersession recesses." Second, Chief Judge Sentelle, joined by Judge Henderson, proceed to hold "that the President may only make recess appointments to fill vacancies that arise during the recess" in which the recess appointment is made. Thus, vacancies that existed before the recess began cannot be filled under the Recess Appointments clause, according to today's ruling.

In early coverage, Tom Schoenberg of Bloomberg News reports that "Obama NLRB Recess Appointments Unlawful, Court Says."

And The Associated Press has a report headlined "Court: Obama appointments are unconstitutional."

Update: In other news coverage, Steven Greenhouse of The New York Times has a news update headlined "Court Rejects Recess Appointments to Labor Board."

Robert Barnes of The Washington Post has a news update headlined "Court says Obama exceeded authority in making appointments."

David G. Savage of The Los Angeles Times has a news update headlined "Court rules Obama recess appointments unconstitutional."

Stephen Dinan of The Washington Times has a news update headlined "Obama recess appointments unconstitutional, court."

David Jackson of USA Today has a news update headlined "Appeals court strikes down Obama recess appointments; It's not known whether the Supreme Court will step into this White House-Congress dispute."

Bill Mears of has a blog post titled "Appeals court rules Obama recess appointments unconstitutional."

Reuters reports that "Court says Obama recess appointments invalid." reports that "Appeals Court rules Obama recess appointments unconstitutional."

Roll Call reports that "Federal Appeals Court Rules Obama Recess Appointments Were Unconstitutional."

The Hill has a blog post titled "Obama recess appointments to labor board ruled unconstitutional."

At "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "D.C. Circuit Declares NLRB Recess Appointments Unconstitutional."

And at "SCOTUSblog," Lyle Denniston has a post titled "President's appointment power curbed."
Posted at 10:48 AM by Howard Bashman

"Supreme Court justice gives LAW's first Esdaile Lecture; Breyer: 'We are Sergeant Preston of the Yukon.'" BU Today has this report. The article begins, "Not long ago Stephen Breyer was in the Burkina Faso capital of Ouagadougou addressing that nation's 72 judges."

And The Associated Press reports that "Supreme Court Justice Breyer says court applies old values to new events."

You can view the video of U.S. Supreme Court Justice Stephen G. Breyer's lecture yesterday at the Boston University School of Law online and on-demand by clicking here.
Posted at 10:28 AM by Howard Bashman

"Dealing With Aaron Swartz in the Nixonian Tradition: Overzealous Overcharging Leads to a Tragic Result." John Dean has this essay today at Justia's Verdict.

And Carl Malamud's remarks at the memorial for Aaron Swartz at the Internet Archive can be accessed online under the heading "Aaron's Army."
Posted at 09:02 AM by Howard Bashman

"Jurors to hear openings in Justice Melvin trial": The Associated Press has this report.

Paula Reed Ward of The Pittsburgh Post-Gazette reports that "Juror replaced in Orie Melvin case."

And The Pittsburgh Tribune-Review reports that "Juror in Melvin trial drops out due to personal obligations."
Posted at 08:50 AM by Howard Bashman

"New Senate Rules to Curtail the Excesses of a Filibuster": This article appears today in The New York Times.

The Washington Post reports today that "Senate leaders reach deal modifying filibuster rules, keep 60-vote hurdle."

Today's edition of The Los Angeles Times reports that "Senate approves modest filibuster changes; The two packages will alter procedural rules to speed up the process in certain cases, but they fall far short of the sweeping reforms sought by liberal senators and their allies."

USA Today reports today that "U.S. Senate OKs tweak to filibuster rules."

The Washington Times reports today that "'Nuclear option' averted as Senate leaders reach agreement on filibuster rules; Liberals call move insufficient."

The Associated Press reports that "Senate OKs modest restrictions on filibusters."

Bloomberg News reports that "Senate Changes Rule on Filibusters, Keeps Supermajority."

Reuters reports that "Senate changes its rules to ease gridlock." has an article headlined "On filibuster, Harry Reid puts pin back in Democrats' nuclear threat."

The Hill reports that "Liberals irate as Senate passes watered-down filibuster reform."

Roll Call has articles headlined "Filibuster Changes Get Senate Approval" and "Changes to Filibuster May Give Senate Leaders Political Heartburn."

TPM DC has articles headlined "Senate Approves Modest Changes To Filibuster Rule" and "Filibuster Reform Ends With A Whimper: How It Fell Apart."

And at "The BLT: The Blog of Legal Times," Todd Ruger has a post titled "Informal Senate Agreement on Filibuster Reform Could Speed Confirmations."
Posted at 08:36 AM by Howard Bashman

"Obama short of judges for his liberal agenda; GOP appointees dominate bench": Today's edition of The Washington Times contains this article.
Posted at 08:26 AM by Howard Bashman

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