How Appealing

Monday, March 12, 2012

"Reid tees up Senate fight to confirm 17 judges": The Los Angeles Times has this news update.

Jennifer Bendery of The Huffington Post reports that "Harry Reid Forces Action On Stalled Judicial Nominees."

The Hill has a blog post titled "Sen. Lee slams Reid's 'political stunt' on judicial nominees."

And Tuesday's edition of The Washington Times will contain an editorial entitled "Obama's last-ditch appointments: Harry Reid moves to stack the judiciary."
Posted at 11:09 PM by Howard Bashman

"'Millenial bomber' Ressam's term too short, appeals court says": The Seattle Times has this news update.

And Carol J. Williams of The Los Angeles Times has a blog post titled "LAX bombing plotter's 22-year sentence overturned as too lenient."

My earlier coverage of today's en banc Ninth Circuit ruling appears at this link.
Posted at 11:02 PM by Howard Bashman

"Legal precedents to clash as health care law goes to high court; Justices to answer questions of federal limits": This article will appear Tuesday in The Washington Times.
Posted at 10:28 PM by Howard Bashman

The Associated Press is reporting: Mark Sherman has an article headlined "Health care lawyer Clement as high court regular."

And Pete Yost has an article headlined "Verrilli: Point man in looming health care battle."
Posted at 10:18 PM by Howard Bashman

In other Bashman news from Australia: Sometimes weeks go by without any Bashman-related news from Australia, but today -- make that Tuesday in Australia -- has now brought two such reports.

In addition to the news noted in this post earlier today, the Australian Associated Press reports that "Hungry thieves bash man, steal his pizza at Goodna."
Posted at 09:12 PM by Howard Bashman

"Former Federal Prosecutor Wants Leak Suit Against DOJ Revived": At "The BLT: The Blog of Legal Times," Mike Scarcella has a post that begins, "A former prosecutor who was acquitted on obstruction charges wants a federal appeals court in Washington to restart his privacy suit against the U.S. Justice Department over allegations the government leaked information to a reporter."
Posted at 09:03 PM by Howard Bashman

"Judge Wilkinson's Unethical Op-Ed": Ed Whelan has this post at National Review Online's "Bench Memos" blog. My earlier coverage of the op-ed appears at this link.
Posted at 05:58 PM by Howard Bashman

View online tomorrow's debates on the constitutionality of the Affordable Care Act: At 9:30 a.m. eastern time tomorrow, the Washington Legal Foundation is hosting a program titled "Prepping For Judicial Surgery: A Crash Course on Healthcare Reform in the U.S. Supreme Court" featuring three illustrious participants.

And tomorrow night, starting at 9 p.m. eastern time, as detailed at this link, "The California Endowment, 89.3 KPCC and many of California's most distinguished law schools are bringing together a bipartisan mix of renowned legal minds and policy experts to hear and argue the case that will decide the health status of millions." A notice about this event that I received by email states that one of the judges will be "TV's own 'Judge Alex,'" which many readers of this blog may be disappointed to learn means this guy, not that guy.

Separately, posted online yesterday a considerable amount of news coverage and commentary about the case. The news reports are headlined "Health law faces its biggest test"; "Backup plans if individual mandate is struck down"; and "Health care reform issues go beyond mandate."

And in commentary at, Secretary of Health and Human Services Kathleen Sebelius has an essay entitled "Affordable Care Act's many benefits." Florida Attorney General Pam Bondi has an essay entitled "Feds' power grab must be stopped." Scott Atlas, professor of radiology and chief of neuroradiology at the Stanford University Medical Center and senior fellow at the Hoover Institution, has an essay entitled "Striking 'Obamacare' a rejection of overreach." And law professor Robert Schapiro has an essay entitled "ACA case reminiscent of 19th-century litigation."
Posted at 05:40 PM by Howard Bashman

"Tracking Louisiana's Legal Heritage: Celebrating 200 Years of the Federal Courts in Louisiana." The U.S. District Court for the Eastern District of Louisiana has created this web site, which The Times-Picayune of New Orleans reports on today.

Coincidentally, tomorrow marks the three-year anniversary of my visit to the John Minor Wisdom U.S. Court of Appeals Building in New Orleans.
Posted at 05:14 PM by Howard Bashman

"Harry Reid vows floor fight for judicial nominees": has this report.

And The Hill has a blog post titled "Reid: GOP blocking judicial confirmation process to embarrass Obama."
Posted at 05:04 PM by Howard Bashman

"Cry, the Beloved Constitution": In today's edition of The New York Times, Fourth Circuit Judge J. Harvie Wilkinson III has an op-ed that begins, "Both liberals and conservatives have the American Constitution in the cross hairs."

The op-ed appears designed to promote Judge Wilkinson's new book, "Cosmic Constitutional Theory: Why Americans Are Losing Their Inalienable Right to Self-Governance."
Posted at 04:55 PM by Howard Bashman

"Court tosses jury award in Katrina jail lawsuit": The Associated Press has a report that begins, "A federal appeals court on Monday threw out a jury's award of more than $650,000 to two Ohio tourists who were arrested in New Orleans on public drunkenness charges two days before Hurricane Katrina's landfall and jailed for more than a month after the storm."

Update: You can access today's Fifth Circuit ruling at this link.
Posted at 04:48 PM by Howard Bashman

In Bashman news from Australia and elsewhere: Tuesday's edition of The Bendigo Advertiser reports that "Bash man refused bail in Bendigo court."

In news from Philadelphia, as reflected in these docket entries, the Superior Court of Pennsylvania today denied the generic defendants' petition for permission to appeal from the trial court's denial of their federal preemption-based preliminary objections (akin to a motion to dismiss) filed in the In Re: Reglan/Metoclopramide Litigation. I wrote plaintiffs' answer in opposition to the petition for permission to appeal filed in the Superior Court. Earlier news coverage of the case can be accessed here.

And from Washington, DC comes word that the deadline for my client's petition for writ of certiorari seeking review of the case that I argued and lost before the en banc U.S. Court of Appeals for the Third Circuit has been extended to May 3, 2012. Thanks to the Yale Law School Supreme Court Clinic and Mayer Brown LLP for agreeing to work on the case.
Posted at 04:32 PM by Howard Bashman

"Appeals court says 'Millennium Bomber' sentence too light": Dan Levine of Reuters has this report on a ruling that an 11-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit issued today.

Update: In other coverage, The Associated Press reports that "'Millennium bomber' sentence overturned."
Posted at 01:23 PM by Howard Bashman

"Obama Health-Care Foe Becomes GOP Go-To Lawyer": Greg Stohr of Bloomberg News has this report.
Posted at 12:13 PM by Howard Bashman

"Health Care Act Offers Roberts a Signature Case": Adam Liptak has this front page article today in The New York Times.
Posted at 07:09 AM by Howard Bashman

"Esteemed lawyer Paul Clement's next challenge is arguing against health-care law": This article appears today in The Washington Post.
Posted at 07:08 AM by Howard Bashman

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