How Appealing

Sunday, March 10, 2013

Programming note: On Monday morning, I will be making a trial court appearance to assist plaintiffs' trial counsel in a now-settled case seek reconsideration of an order that granted defendants' motion to seal several earlier filings by the defendants in the case and the judge's rulings that pertained to those filings. The filings in question were publicly available, and not submitted under seal, for more than a week between the time the filings were made and the case was resolved by means of a confidential settlement. Likewise, the judge's rulings on those filings were publicly available for at least several days.

The settlement between the opposing parties did not include any agreement by plaintiffs that the trial court should seal any portion of the previously publicly available court record in the case. If the trial judge does not rescind her order sealing these items, which occurred without any public notice, plaintiffs and their trial counsel intend to pursue reversal on appeal, which is why I am now involved.

Additional posts will appear here by Monday afternoon.
Posted at 10:48 PM by Howard Bashman



"'Out of Order,' essays by Sandra Day O'Connor": In The Washington Post, Reuters correspondent Joan Biskupic has this review of Justice Sandra Day O'Connor's newest book, "Out of Order: Stories From the History of the Supreme Court."
Posted at 10:45 PM by Howard Bashman


"Republicans filibuster D.C. circuit court nominee Halligan '88": The Daily Princetonian has this newsbrief.
Posted at 10:25 PM by Howard Bashman


"Republic of Texas now wants its day in court; Modern Texians have a new plan for independence, and it involves Belarus and Estonia": This front page article appears in today's edition of The San Antonio Express-News.
Posted at 10:12 PM by Howard Bashman


"Supreme Court justice answers girl's gay marriage letter": Yesterday's edition of The Wilson (N.C.) Times contained an article that begins, "A Supreme Court justice has responded to an 11-year-old Wilson girl's heartfelt appeal for federal recognition of same-sex marriage. Justice Sonia Sotomayor sent Cameron Myers Milne a letter and signed portrait after Cameron asked the high court to strike down the federal Defense of Marriage Act and require North Carolina to recognize her lesbian parents' New York marriage."
Posted at 10:07 PM by Howard Bashman


"Retired Supreme Court justices still judge -- and get judged": Robert Barnes will have this new installment of his "The High Court" column in Monday's edition of The Washington Post.
Posted at 10:00 PM by Howard Bashman


"Gay couples could see windfalls from court action": The Associated Press has this report.
Posted at 08:18 PM by Howard Bashman


"Case raises questions on consent to sadomasochism": The Associated Press has this report previewing a case scheduled for oral argument Wednesday in the Supreme Court of Connecticut.
Posted at 08:02 PM by Howard Bashman


"As Obama, Senate collide, courts caught short; The partisan deadlock in Washington hits much more than budgets; More than ever, judicial picks are ideological cannon fodder": This article (subscription required) appears today in The Boston Globe.
Posted at 08:40 AM by Howard Bashman


"Under the U.S. Supreme Court: 'Dirty Harry' supports gay marriage in California." Michael Kirkland of UPI has this report.
Posted at 08:37 AM by Howard Bashman


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