How Appealing

Wednesday, February 12, 2014

"Teen's Sentence Won't Go Before En Banc Circuit": Courthouse News Service has a report that begins, "With seven judges complaining about the creation of a circuit split, the 9th Circuit refused Wednesday to disturb the reversal of a teenager's 254-year prison sentence."

You can access today's order of the U.S. Court of Appeals for the Ninth Circuit denying rehearing en banc, and the dissent therefrom, at this link. A total of seven judges joined in the dissent from the denial of rehearing en banc.

The original three-judge panel's unanimous ruling can be accessed here.
Posted at 11:00 PM by Howard Bashman



"Contraception mandate burdens religious exercise, Hobby Lobby argues; With U.S. Supreme Court arguments looming, the Oklahoma City-based chain says law protects corporations as well as individuals": Chris Casteel of The Oklahoman has this report.
Posted at 10:42 PM by Howard Bashman


"Judge issues temporary restraining order prohibiting Tulsa pharmacy from delivering execution drug": The Tulsa World has this news update.

And The Associated Press reports that "Company blocked from selling execution drug to Mo."

Update: You can view the temporary restraining order at this link.
Posted at 10:40 PM by Howard Bashman



"Resentencing delayed for convicted terrorism plotter with Broward ties; Trained al-Qaida fighter Jose Padilla could face harsher penalty after appeals court says judge erred in giving him 17 years": The South Florida Sun Sentinel has this news update.
Posted at 10:12 PM by Howard Bashman


"Ruling on birth control mandate appealed; Federal attorneys ask for review": Rich Lord has this article today in The Pittsburgh Post-Gazette.

Today's edition of The Pittsburgh Tribune-Review contains an article headlined "Government appeals rulings in local health care mandate cases."

And The Associated Press reports that "Pa. health care law contraceptive rulings appealed."
Posted at 10:10 PM by Howard Bashman



"Judge issues no decision in Texas' same-sex marriage ban": The San Antonio Express-News has this update.

And Reuters reports that "U.S. court hears suit to overturn same-sex marriage ban in Texas."
Posted at 10:07 PM by Howard Bashman



"Looking vs. Touching: Is possession of child pornography a crime worthy of years in prison?" Jacob Sullum has this essay online today at Reason.
Posted at 09:21 PM by Howard Bashman


"How Much Money Is Hobby Lobby's Morality Worth? In March, the company will make arguments before the Supreme Court, defending the right not to provide contraceptive coverage to employees. But what happens if it loses?" Emma Green has this essay online at The Atlantic.

And at the "Mirror of Justice" blog, Kevin C. Walsh has a post titled "A couple of observations about the government's Questions Presented in Conestoga Wood."
Posted at 07:54 PM by Howard Bashman



"ND case hearing turns contentious": The South Bend Tribune has this news update.

In Thursday's edition of The Wall Street Journal, Ben Kesling and Louise Radnofsky will have an article headlined "Judges Push Back on Notre Dame Challenge; School's Bid to Be Exempt From Any Involvement in Contraception Coverage Draws Skeptical Responses From the Bench." You can freely access the full text of the article via Google.

And Thursday's edition of The Chicago Tribune will contain an article headlined "Judge, Notre Dame attorneys spar in school's health care law appeal."

You can access the oral argument of today's oral argument at the U.S. Court of Appeals for the Seventh Circuit in Univ. of Notre Dame v. Sebelius, No. 13-3853, at this link.
Posted at 07:51 PM by Howard Bashman



"Kentucky ban on gay marriages from other states struck down by federal judge": The Courier-Journal of Louisville has this news update.

The Lexington Herald-Leader has a news update headlined "Federal judge: Kentucky must recognize same-sex marriages from other states."

The Associated Press has a report headlined "Judge: Ky. must recognize same-sex marriages."

Bloomberg News reports that "Kentucky Told to Recognize Out-of-State Same-Sex Marriage."

Reuters has a report headlined "Kentucky must recognize same-sex marriages from other states: judge."

And at "SCOTUSblog," which provides this link to the ruling, Lyle Denniston has a post titled "Kentucky ruling on same-sex marriages."
Posted at 06:03 PM by Howard Bashman



U.S. Supreme Court asked to resolve circuit split that has arisen over the substance of that Court's holding in Commonwealth Coatings Corp. v. Continental Casualty Co. (1968): You can access the petition for writ of certiorari filed yesterday in the U.S. Supreme Court at this link.

As alluded to in this earlier post, I served as appellate counsel for the petitioner in the U.S. Court of Appeals for the Third Circuit.
Posted at 05:55 PM by Howard Bashman



"Oklahoma pharmacy sued over lethal injection drug": The Associated Press has this report.
Posted at 05:40 PM by Howard Bashman


"Court questions feds' surveillance appeal": Josh Gerstein of Politico.com has this blog post.
Posted at 05:36 PM by Howard Bashman


Dog bites dog, and -- four and one-half years later -- the Supreme Court of Pennsylvania divides 3-to-3 over whether a provision of Pennsylvania's Dog Law creates an absolute liability offense: According to the opinion in support of reversal, the attacking dog was a black giant schnauzer, while the dog that was the victim of the attack was a Bernese mountain dog. Fortunately, the victim did not suffer any long-term injuries.

Today's affirmance by an equally divided court consists of a per curiam order; two opinions in support of affirmance (here and here); and an opinion in support of reversal.
Posted at 04:40 PM by Howard Bashman



Programming note: This morning, I have a meeting out of the office with trial counsel in a pending appeal that I'm working on. As a result, additional posts won't appear here until this afternoon. You can check this blog's Twitter feed for appellate-related retweets in the interim.
Posted at 08:00 AM by Howard Bashman


"Judge to hear challenge of Texas' gay marriage ban": The Associated Press has this report.
Posted at 07:51 AM by Howard Bashman


"Fremont immigrant housing ordinance will stay as is, but the victors say the fight isn't over": This front page article appears today in The Omaha World-Herald.

The Fremont (Neb.) Tribune reports today that "Fremont voters say no."

And The Associated Press reports that "Nebraska city to keep illegal immigration rules."
Posted at 07:35 AM by Howard Bashman



eXTReMe Tracker

From the Law.com Newswire:


Click to open links in new
     windows

Advertise on Legal Blogs

Related Blogs

20 Questions for the
 Appellate Judge


How Appealing Extra

My Appellate Columns
Especially Appealing Blogs

Above the Law

ACSBlog

Adam Smith, Esq.

Althouse

Bag and Baggage

Balkinization

The Becker-Posner Blog

Bench Memos

The BLT: The Blog of Legal Times

Concurring Opinions

Confirm Them

The Confrontation Blog

Copyrights & Campaigns

Crossroads

Discriminations

Dorf on Law

Drug and Device Law

Election Law

Ernie the Attorney

InstaPundit.Com

Jack Bog's Blog

Jeremy Blachman's Brand New Weblog

Law News Now

Legal Theory

Notes from the (Legal) Underground

PrawfsBlawg

Professor Bainbridge.com

Religion Clause

SCOTUSblog

Sentencing Law and Policy

TalkLeft: The Politics of Crime

TaxProf Blog

Threat Level

Throwing Things

tonypierce.com + busblog

The Volokh Conspiracy

Wonkette

Workplace Prof Blog

WSJ.com's Law Blog

Other Links

abcNEWS.com'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

Overlawyered.com

PointofLaw.com

Salon

Slate

Tapped

Even More Blogs

The 10b-5 Daily

Abstract Appeal

The Agitator

Alas, a blog

AndrewSullivan.com

Anonymous Lawyer

Appellate Law & Practice

Balloon Juice

The Baseball Crank

Beautiful Confusion

Begging The Question

Begging to Differ

Behind the Homefront

Benefitsblog

BenMaller.com

beSpacific

Betsy's Page

Big Picnic

bIPlog

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

BuffaloWings&Vodka

Cacciaguida

Calblog

California Insider

Captain Indignant's Fortress of Peevishness

Chicago Boyz

Civil Liberties Watch

Class Maledictorian

Clayton Cramer's BLOG

a clever sheep

ColbyCosh.com

The Comedian

Common Sense and Wonder

Conglomerate

CONTENT / v.3

Copyfight: The politics of IP

Corp Law Blog

Corsair the Rational Pirate

crabwalk.com

Criminal Appeal

CrimLaw

Critical Mass

Crooked Timber

Croooow Blog

Current copyright readings

cut on the bias

DailyPundit.com

Daimnation!

Daniel W. Drezner

Dave Copeland

Deadly Mantis

Dean's World

death by committee

Delaware Law Office

Disputation

The Doc Searls Weblog

Doxagora

Dr. Weevil

Dubyanell Feds

easily distracted

effinchamp

Electrolite

EmoryLaw Student.com: Adam

Eric's Weblog

Eve Tushnet.com

excited utterances

explodedlibrary.info

FalconRed goes to Law School

Final Protective Fire

the fog of warre

for the sake of clarity

Fourth Amendment.com

Froggi's update

Frothing at the Mouth

FurdLog

Gawker

GeekPress

Geodog's MT Weblog

George's Employment Blawg

Gideon's Blog

Grant M Henninger

GreenGourd's Garden

GrepLaw

grrrl meets world

Half the Sins of Mankind

Heh. Indeed.

Hit & Run

HobbsOnline

Hoplites

Hose Monster Blog

HowardOwens.com

Howling Point

HughHewitt.com

Ichiblog

The Importance Of

inappropriate response

Inchoate

In Context

The Indiana Law Blog

infoAnarchy

Insolvent Republic Of Blogistan

Inter Alia

Interrobang

Ipse Dixit

IsThatLegal?

Jens 'n' Frens

Jewish Buddha

Jim Dedman

Joanne Jacobs.com

Joe Gratz's blog

John Scalzi's Whatever

joyfulchristian

Jumping To Conclusions

Kausfiles

Ken Layne

Kieran Healy's Weblog

The Kitchen Cabinet

KittySays

Kiwi Pundit

Kyle Still Free Press

l8r

Law Dork

LawMeme

Lawrence Lessig

Law School UNconfidential

LawSites

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

Lonewacko

Lucpher.com

The Manifest Border

Mansfield Fox

Man Without Qualities

Mark A.R. Kleiman

Marstonalia

Matthew Yglesias

MaxSpeak Weblog

MC Estoppel

Media Dragon

Mellow-Drama

Mercurial

Michael J. Totten

Mirthful Ones

moxie.nu | blog

ms. morality

MyFreePress.com

Natalie Solent

NathanNewman.org

Neal Pollack's The Maelstrom

Nerdlaw.org

The Neutral Zone Trap

nikita demosthenes

Ninomania

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

OrinKerr.com

Oscar Jr. Was Here

Outside the Beltway

Overpundit

Overtaken by Events

OxBlog

Oy Vey!

Paper Chase

Parkway Rest Stop

Pathetic Earthlings

Patio Pundit

Patterico's Pontifications

Paul's Boutique

The Perpetual Three-Dot Column

Phillip Coons

PhotoDude.com

PIKER

Political Animal

Political Parrhesia

Political State Report

Power Line

Prince Roy's Realm

Public Defender Dude

Q Daily News

Quare

rabbit blog

Rachel Lucas

Rain Man 2

Random Jottings

Rantophilia

The Rattler

rc3.org

RealityChecker.org

Reason & Liberty

Refference

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

Samizdata.net

Sarah Eve Kelly

Sarah Lai Stirland

sasnaK

A Sassy Lawyer in Philippine Suburbia

Scoobie Davis Online

ScrappleFace

Scripting News

sean.harding

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

SnarkSpot

Sneaking Suspicions

The Sound And Fury

South Dakota Politics

The Spoons Experience

Sporadic Thoughts

SteveSachs

Stop the Bleating!

sugarmama

Sugar, Mr. Poon?

Sugarpoet.com

superficial intelligence

Supreme Court Blog

Susan Crawford blog

SW Virginia law blog

Taegan Goddard's
Political Wire


taiwanon.com

the talking dog

Talking Points Memo

TarheelPundit

TBOGG

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

trr

The Truth Laid Bear

Tutissima Cassis

uggabugga

unbillable hours

UnivAtty

Unqualified Offerings

Uppity-Negro.com

urban nomad

U.S. Supreme Court Blog

UXblog

vigilant.tv

The Ville

Votelaw

vpostrel.com

Waddling Thunder

walterindenver

WampumBlog

WarLiberal.com

The Week in Review

William Burton

Will Work for Favorable Dicta

The Wired GC

WOIFM

Woman of the law

Xrlq's Blog

A Yank in Oz

The Yin Blog

Yourish.com

zonitics.com

#!/usr/bin/geek