How Appealing

Wednesday, February 22, 2012

"Do-Over Season": At the "Opinionator" blog of The New York Times, Linda Greenhouse has a post that begins, "Is there really a chance that the Supreme Court might reconsider Citizens United?"
Posted at 09:10 PM by Howard Bashman

"Do Lexis and Westlaw Infringe Copyright When They Post Briefs Filed in Court?" Eugene Volokh has this post at "The Volokh Conspiracy."

And at's "Law Blog," Chad Bray has a post titled "Keep Your Hands off My Briefs: Lawyers Sue Westlaw, Lexis."
Posted at 09:02 PM by Howard Bashman

"New protection for gays: DOMA struck down." Lyle Denniston has this post at "SCOTUSblog."
Posted at 09:00 PM by Howard Bashman

"DOJ Urges Supreme Court to Halt Challenge to Warrantless Eavesdropping": David Kravets has this post at's "Threat Level" blog.
Posted at 08:57 PM by Howard Bashman

"Supreme Court sends California Medicaid case back to 9th Circuit": Michael Doyle of McClatchy Newspapers has this report.

The Associated Press reports that "Court returns Calif. Medicaid case to lower court."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: A right to sue under Medicaid -- maybe."
Posted at 08:20 PM by Howard Bashman

"Supreme Court Takes Up Stolen Valor Case": Adam Liptak of The New York Times has this blog post.

Michael Doyle of McClatchy Newspapers reports that "Supreme Court hears 'stolen valor' case of false military heroism."

And Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court debate: Is lying about being a war hero protected speech? Supreme Court justices heard arguments over the Stolen Valor Act, which bars lies over receiving military medals, but the discussion broadened into whether there is any value worth protecting in falsehood."
Posted at 07:20 PM by Howard Bashman

In Bashman news from Philadelphia: Today, the Superior Court of Pennsylvania issued this decision affirming the judgment in a case in which I wrote the Brief for Plaintiff/Appellee. Additional background on the case can be accessed here.

As noted in this earlier post, I was unavailable to argue the appeal because that same day I was arguing two other appeals before the Supreme Court of Pennsylvania. No decisions have issued yet in those other two cases.

By the way, for those who yearn to watch the video of recent Pa. Supreme Court oral arguments online, the Pennsylvania Cable Network is archiving its broadcasts of those oral arguments at this link.
Posted at 06:28 PM by Howard Bashman

"Appeals court rules federal inmate mugs not open": The Tulsa World has this news update.

And online at, Josh Gerstein has a blog post titled "Court ruling keeps federal mugshots secret."

You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 06:18 PM by Howard Bashman

"Gay spouse given health benefits in U.S. court case": Dan Levine of Reuters has this report.

And at, Josh Gerstein has a blog post titled "Another court finds Defense of Marriage Act unconstitutional" and provides this link to the ruling.
Posted at 06:09 PM by Howard Bashman

"Pa. court closes boy's trial in pregnant killing": The Associated Press has this report.

The Pittsburgh Post-Gazette has a news update headlined "Jordan Brown homicide proceedings closed to public."

And The Pittsburgh Tribune-Review has a news update headlined "Superior Court keeps Brown trial closed to public."

You can access today's ruling of the Superior Court of Pennsylvania at this link.
Posted at 06:03 PM by Howard Bashman

"In Stolen Valor Act Case, Supreme Court Debates When Lies Can Be Crimes": Mike Sacks of The Huffington Post has this report.

And James Vicini of Reuters reports that "Supreme Court hears military medal lying case."

You can access the transcript of today's U.S. Supreme Court oral argument in United States v. Alvarez, No. 11-210, at this link.
Posted at 05:52 PM by Howard Bashman

"Taniguchi Argument: One Hour About One Word." Michelle Olsen has this post at her "Appellate Daily" blog.

You can access the transcript of yesterday's U.S. Supreme Court oral argument in Taniguchi v. Kan Pacific Saipan, Ltd., No. 10-1472, at this link.
Posted at 05:45 PM by Howard Bashman

"Court seems split on double jeopardy question": Jesse J. Holland of The Associated Press has this report.
Posted at 03:09 PM by Howard Bashman

"High court torn over law banning lie about medals": The Associated Press has this report.

Update: And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: Rewriting a law to save it."
Posted at 12:50 PM by Howard Bashman

Access online today's rulings in argued cases of the U.S. Supreme Court: The Court today issued three rulings in argued cases.

1. Justice Stephen G. Breyer delivered the opinion of the Court in Douglas v. Independent Living Center of Southern Cal., Inc., No. 09-958. Chief Justice John G. Roberts, Jr. issued a dissenting opinion, in which Justices Antonin Scalia, Clarence Thomas, and Samuel A. Alito, Jr. joined. You can access the oral argument via this link.

2. Justice Anthony M. Kennedy delivered the opinion for a unanimous Court in PPL Montana, LLC v. Montana, No. 10-218. You can access the oral argument via this link.

3. Chief Justice Roberts delivered the opinion of the Court in Messerschmidt v. Millender, No. 10-704. Justice Breyer issued a concurring opinion. Justice Elena Kagan issued an opinion concurring in part and dissenting in part. And Justice Sonia Sotomayor issued a dissenting opinion, in which Justice Ruth Bader Ginsburg joined. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Court says police cannot be sued over warrant" and "High court rules for power company over Mont. dams."
Posted at 10:03 AM by Howard Bashman

"Appeals court narrows judge's order in NY school prayer dispute": Reuters has this report.
Posted at 09:12 AM by Howard Bashman

"Colleges Worry That Court Could Make Diversity Harder to Maintain": This article appears today in The New York Times.

On yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "Supreme Court Wades Into Affirmative Action Issue."

And today's edition of The Wall Street Journal contains an editorial entitled "Racial Preferences Redux: The Supreme Court revisits discrimination and government."
Posted at 07:44 AM by Howard Bashman

"Prop. 8 backers want new appeals court hearing": Bob Egelko has this article today in The San Francisco Chronicle.

And in today's edition of The Los Angeles Times, Maura Dolan reports that "Prop. 8 backers seek full review by appeals court; Supporters say a three-judge 9th Circuit court panel that rejected the California ban on same-sex marriage wrongly concluded that the ballot measure stigmatized gays and lesbians."
Posted at 07:42 AM by Howard Bashman

"The Court and Citizens United II": This editorial appears today in The New York Times.
Posted at 07:38 AM by Howard Bashman

"Supreme Court rejects Redondo Beach appeal on day laborer law; The city had hoped to reinstate an ordinance barring workers from gathering on busy street corners to solicit jobs": David G. Savage has this article today in The Los Angeles Times.

And today in The San Francisco Chronicle, Bob Egelko reports that "Day laborers win Supreme Court free-speech case."
Posted at 07:36 AM by Howard Bashman

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