How Appealing

Tuesday, February 25, 2014

Programming note: On Wednesday morning, I will be at the oral argument of an appeal on which I am working on behalf of the plaintiff-appellee. Additional posts will appear here on Wednesday afternoon.

The U.S. Supreme Court is scheduled to issue one or more rulings in argued cases at 10 a.m. eastern time on Wednesday. You can access the newly issued opinions via this link just as soon as the Court posts them online.
Posted at 11:30 PM by Howard Bashman

"Liberty versus liberty: religious freedom bills trouble gay rights supporters." The Deseret News has an article that begins, "As Arizona Gov. Jan Brewer weighs a decision whether to sign a bill strengthening the state's religious liberty protections for individuals and businesses, her state is one of several wrestling with a balance between religious liberty and anti-discrimination laws."
Posted at 11:23 PM by Howard Bashman

"Pre-Racial: Justice Clarence Thomas says blacks didn't think about race in the 1950s South." Dahlia Lithwick has this jurisprudence essay online today at Slate.
Posted at 10:17 PM by Howard Bashman

Fifth Circuit grants rehearing en banc to reconsider whether seamen may recover punitive damages for their employer's willful and wanton breach of the general maritime law duty to provide a seaworthy vessel: You can access yesterday's order of the U.S. Court of Appeals for the Fifth Circuit granting rehearing en banc at this link.

Back in October 2013, a unanimous three-judge Fifth Circuit panel ruled that punitive damages were available under those circumstances.
Posted at 10:12 PM by Howard Bashman

"Justices Rule on Home Searches and Defendants' Frozen Assets": 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 rules in favor of police in home searches without objector present."

In Wednesday's edition of The Wall Street Journal, Jess Bravin and Brent Kendall will have an article headlined "Supreme Court Rulings Deliver Blow to Criminal Suspects."

Jay Weaver of The Miami Herald has a news update headlined "U.S. Supreme Court rejects Miami attorney's challenge of seizure laws."

Michael Doyle of McClatchy Washington Bureau has an article headlined "Supreme Court refines rules on police searches in Calif. case."

Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court narrows right to object to a police search of suspect's home; Walter Fernandez objected to a police search of his home; His girlfriend, after his arrest, did not; US Supreme Court rules the search was constitutional; Three dissenting justices say it diminishes Fourth Amendment rights."

And on this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Opens Door To Easier Police Searches."
Posted at 10:06 PM by Howard Bashman

"Cert Petition Asks Supreme Court To Decide Whether Congress Can Allow Uninjured Plaintiffs To Sue In Federal Court": Archis A. Parasharami has this post today at Mayer Brown's "Class Defense" blog. The post contains links to the U.S. Supreme Court fiings at the cert. stage.
Posted at 05:09 PM by Howard Bashman

"GOP AGs: Eric Holder 'inappropriate.'" Tal Kopan of has a report that begins, "Republican state attorneys general on Tuesday slammed comments from Attorney General Eric Holder that state officials don't have to defend their states' same-sex marriage bans, calling them 'inappropriate.'"
Posted at 05:06 PM by Howard Bashman

"Judge Gregg Costa gets Senate hearing for 5th Circuit appeals post": Ben Kamisar of The Dallas Morning News has this update.

You can view the video of today's confirmation hearing in the Senate Judiciary Committee by clicking here. The hearing actually gets underway about 19 minutes and 40 seconds into the video.
Posted at 04:20 PM by Howard Bashman

"Supreme Court Reaffirms Ability to Freeze Assets Before Trial; Court Says Defendants Can't Use a Pretrial Hearing to Challenge the Freezing of their Assets": Brent Kendall of The Wall Street Journal has this news update.
Posted at 01:50 PM by Howard Bashman

"Supreme Court sides with LAPD in warrantless house search": David G. Savage of The Los Angeles Times has this news update.

And Richard Wolf of USA Today reports that "Supreme Court allows search despite tenant's objection; Decision could weaken Fourth Amendment's right to protection from unreasonable search and seizure."
Posted at 01:45 PM by Howard Bashman

"In procedural step, Va. appeals marriage case": This article appears today in The Richmond Times-Dispatch.
Posted at 11:45 AM by Howard Bashman

"Governor of Arizona Is Pressed to Veto Bill": This article appears today in The New York Times.

Today's edition of The Arizona Republic contains a front page article headlined "Brewer pressed to veto SB 1062; Governor's key advisers join chorus; 3 senators who voted 'yes' backtrack."

And in somewhat related news, today's edition of The Arizona Daily Star contains a front page article headlined "Tucson couple joins suit to overturn gay marriage ban."
Posted at 11:42 AM by Howard Bashman

"California 'lifers' leaving prison at record pace": The Associated Press has this report.
Posted at 10:45 AM by Howard Bashman

"What Are Your Chances of Winning on Appeal?" Earlier today, a visitor to this blog accessed an installment of my monthly appellate column that originally appeared in The Legal Intelligencer on March 8, 2011, nearly three years ago.

That month's column began, "One thing that the administrators who help run appellate courts are good at is statistics."
Posted at 10:38 AM by Howard Bashman

"Judge denies stay of execution for Michael Taylor, killer of KC teen Ann Harrison": Tony Rizzo has this article today in The Kansas City Star.

The St. Louis Post-Dispatch reports that "Execution of murderer from Kansas City on track for Wednesday."

And The Associated Press reports that "Missouri readies for 4th execution in 4 months."
Posted at 10:20 AM by Howard Bashman

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

1. Justice Elena Kagan delivered the opinion of the Court in Kaley v. United States, No. 12-464. Chief Justice John G. Roberts, Jr. issued a dissenting opinion, in which Justices Stephen G. Breyer and Sonia Sotomayor joined. You can access the oral argument via this link.

2. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Fernandez v. California, No. 12-7822. Justices Antonin Scalia and Clarence Thomas issued concurring opinions. And Justice Ruth Bader GInsburg issued a dissenting opinion, in which Justices Sotomayor and Kagan joined. You can access the oral argument via this link.

3. And Justice Thomas delivered the opinion for a unanimous Court in Walden v. Fiore, No. 12-574. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "High court sides with government on frozen assets"; "High court allows disputed home search"; and "Justices say gamblers can't sue policeman."

And Richard Wolf of USA Today reports that "Justices uphold government's right to freeze assets; Majority on Supreme Court says defendants' right to attorneys of their choice doesn't justify adding a new layer of court hearings after the grand jury process."
Posted at 10:06 AM by Howard Bashman

"Court Rejects School's Hair-Length Rule for Male Basketball Players": Mark Walsh has this post at Education Week's "School Law" blog.

My earlier coverage of yesterday's Seventh Circuit ruling appears at this link.
Posted at 09:32 AM by Howard Bashman

"Sorry, Judge Keith; And apologies to my new friends in the E.R. after my luncheon misadventure": Columnist Neal Rubin has this essay today in The Detroit News.
Posted at 09:30 AM by Howard Bashman

"2-week trial to begin on Michigan gay marriage ban": The Associated Press has this report.

Jennifer Chambers of The Detroit News is live tweeting the trial.
Posted at 09:27 AM by Howard Bashman

"For the Supreme Court, a Case Poses a Puzzle on the E.P.A.'s Authority": Adam Liptak has this article in today's edition of The New York Times.

In today's edition of The Washington Post, Robert Barnes has an article headlined "Supreme Court divided on whether EPA has overreached on greenhouse gas rules." In addition, columnist Dana Milbank has an op-ed titled "At the Supreme Court, a royal mess for 'King Barack.'"

In today's edition of The Los Angeles Times, David G. Savage has an article headlined "Court skeptical of EPA regulations; Justices appear ready to reject disputed federal rules to limit greenhouse gases."

Richard Wolf of USA Today reports that "Supreme Court skeptical of greenhouse gas permits; Justices appear to be leaning toward a ruling that would eliminate just one method the Environmental Protection Agency uses to regulate greenhouse gas emissions from stationary sources."

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court hears states' objections to greenhouse gas rules."

And Warren Richey of The Christian Science Monitor reports that "Did EPA overstep in tackling global warming? Supreme Court sharply split; Justice Kennedy could hold the decisive Supreme Court vote on whether the EPA exceeded its authority when it sought to use the Clean Air Act to regulate greenhouse gas emissions."
Posted at 08:23 AM by Howard Bashman

"CNN's Jeffrey Toobin: Supreme Court Afraid of The Daily Show." Mediaite has this report (with video).
Posted at 08:15 AM by Howard Bashman

"Supreme Court ruling could mean new trial for Alabama death row inmate": Timothy M. Phelps of The Los Angeles Times has this report.

The Associated Press reports that "Alabama Death Row inmate Anthony Ray Hinton could get new trial after U.S. Supreme Court ruling."

And at the "Taking Note" blog of The New York Times, Jesse Wegman has a post titled "The One-Eyed Witness."
Posted at 08:14 AM by Howard Bashman

"West Memphis lawsuit over fatal police shooting heads to U.S. Supreme Court; 2 died after West Memphis officers pursued car into Memphis": The Memphis Commercial Appeal has this report.
Posted at 08:05 AM by Howard Bashman

"US Supreme Court: Arizona can't withhold Planned Parenthood funds over abortion." Howard Fischer of The Arizona Daily Star has this report.
Posted at 08:03 AM by Howard Bashman

"TV Networks Ask Supreme Court to Shut Down Aereo": This article appears today in The New York Times.

The Wall Street Journal reports that "Broadcasters Warn Court They May Reconsider Offering Free TV."

Variety reports that "Broadcasters Warn Supreme Court That Aereo Threatens to Upend Business."

And The Hill has a blog post titled "Broadcasters: Aereo 'obvious and unambiguous' copyright violation."
Posted at 07:58 AM by Howard Bashman

"Colorblind Notion Aside, Colleges Grapple With Racial Tension": The New York Times contains this front page article today.
Posted at 07:52 AM by Howard Bashman

"Holder Sees Way to Curb Bans on Gay Marriage": This front page article appears today in The New York Times.
Posted at 07:45 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