How Appealing

Tuesday, March 12, 2013

"Recess Appointments Ruling to Be Appealed": Charlie Savage will have this article Wednesday in The New York Times.

Stephen Dinan of The Washington Times reports that "Obama to appeal recess appointment ruling to Supreme Court."

Bloomberg News reports that "Obama to Ask Supreme Court to Settle Recess-Power Dispute."

The Associated Press reports that "Labor board to appeal recess case to Supreme Court."

Lawrence Hurley of Reuters reports that "NLRB to seek top court review of recess appointments ruling."

At "The BLT: The Blog of Legal Times," Marcia Coyle has a post titled "NLRB to Appeal Recess Case Directly to Supreme Court."

And at "SCOTUSblog," Lyle Denniston has a post titled "Recess appointments issue on way to Court."
Posted at 11:30 PM by Howard Bashman



"New York City Appeals Soda Size Ban Court Defeat": Bloomberg News has this report.

And Wednesday's edition of The New York Times will contain an article headlined "Legal Battle Over Limits on Sugary Drinks May Outlast Mayor's Tenure."
Posted at 11:00 PM by Howard Bashman



"Fifth-grader can hand out Christmas party invitations in public school, court rules": Peter Hall off The Morning Call of Allentown, Pennsylvania has an article that begins, "A fifth-grader has the same right to give her classmates invitations to a church Christmas party as older students have to protest political and social issues in school, a federal appeals court ruled Tuesday."

The Associated Press (via The Pocono Record) reports that "US appeals court OKs church invites at Barrett Elementary School."

And at the "School Law Blog" of Education Week, Mark Walsh has a post titled "Appeals Court Backs 5th Grader's Religious Flier."

My earlier coverage of today's Third Circuit ruling appears at this link.
Posted at 10:50 PM by Howard Bashman



"Appeals court strikes down Va. anti-sodomy law": The Associated Press has this report on the ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 05:38 PM by Howard Bashman


"BofA's Countrywide Asks Appeals Court to Undo MBIA Ruling": Bloomberg News has this report.

Update: In other coverage, Reuters reports that "Bank of America asks appeals court to overturn rulings in MBIA case."
Posted at 05:07 PM by Howard Bashman



"NLRB To Seek Supreme Court Review in Noel Canning v. NLRB": The National Labor Relations Board issued this news release today announcing its intention to bypass the possibility of rehearing en banc in the D.C. Circuit and instead proceed directly to the U.S. Supreme Court by means of a petition for writ of certiorari.
Posted at 04:48 PM by Howard Bashman


"NAACP chief slams Solicitor General": Al Kamen and Emily Heil have this post today at the "In the Loop" blog of The Washington Post.
Posted at 04:46 PM by Howard Bashman


"Disabled Flying in Unfriendly Skies": At her "Trial Insider" blog, Pamela A. MacLean has this post reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.

Update: In other coverage, Dan Levine of Reuters reports that "U.S. appeals court revives lawsuit vs United Airlines over wheelchair."
Posted at 04:05 PM by Howard Bashman



Harvard Law Review Online posts three essays addressing the D.C. Circuit's recent recess appointment ruling: Law professor Adrian Vermeule's essay is titled "Recess Appointments and Precautionary Constitutionalism."

Law professor Cass R. Sunstein's essay is titled "Originalism v. Burkeanism: A Dialogue Over Recess."

And law professor Peter L. Strauss has an essay titled "The Pre-Session Recess."
Posted at 04:00 PM by Howard Bashman



"Guantanamo smoke detector/listening device revealed": Carol Rosenberg of The Miami Herald has this report.
Posted at 03:48 PM by Howard Bashman


"Convicted Lobbyist Asks Full D.C. Circuit to Review Prosecution": Mike Scarcella has this post today at "The BLT: The Blog of Legal Times."
Posted at 03:10 PM by Howard Bashman


"The Mirage of Racism: The Supreme Court should strike down the Voting Rights Act and rein in Attorney General Eric Holder." Law professor Richard A. Epstein has this essay online today at the Defining Ideas web site of the Hoover Institution.
Posted at 03:07 PM by Howard Bashman


"Supreme Court wades into bitter Texas-Okla. feud ahead of expected 'flood of litigation'": Jeremy P. Jacobs of Greenwire has this report.
Posted at 03:05 PM by Howard Bashman


"Federal Judiciary Braces for Broad Impact of Budget Sequestration": The Administrative Office of the U.S. Courts issued this news release today.

Update: In news coverage, Lawrence Hurley of Reuters reports that "U.S. federal judiciary warns of impact of budget cuts."

And at "The BLT: The Blog of Legal Times," Zoe Tillman has a post titled "Judge Warns Sequestration Would 'Strike at the Heart' of Judiciary."
Posted at 03:04 PM by Howard Bashman



Federal appellate geeks rejoice as the Administrative Office of the U.S. Courts has today posted online statistics for the 12-month period ending September 30, 2012: You can access the statistics via this link.

In my role as an appellate pundit, I took something of a risk when in last month's installment of my Legal Intelligencer column I published an essay titled "Statistics Confirm Growing Rarity of Oral Arguments at Third Circuit" without having access to the Third Circuit's oral argument statistics for the 12-month period ending September 30, 2012. But the relevant statistics became available today, and they further confirm my hypothesis.

The most recent federal appellate court oral argument statistics, which can be accessed online as to all regional circuits and the D.C. Circuit via this link, show that the percentage of cases being orally argued at the Third Circuit for the 12-month period ending September 30, 2012 declined even further from the immediately preceding 12-month period.
Posted at 02:58 PM by Howard Bashman



Third Circuit affirms entry of preliminary injunction in favor of a fifth-grade student at the Barrett Elementary Center of the Pocono Mountain School District allowing her to distribute invitations to her classmates to a Christmas party at her church: You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 01:30 PM by Howard Bashman


"Dutch Supreme Court rules a 'tongue kiss' not rape": The Associated Press has this report.
Posted at 10:36 AM by Howard Bashman


"Ruth Bader Ginsburg celebrates 80th birthday with Washington National Opera": Amy Argetsinger has this post at "The Reliable Souce" blog of The Washington Post.
Posted at 10:35 AM by Howard Bashman


Opting to go from justice on state's highest court to U.S. District Judge: In news from Montana, The Associated Press reports that "Butte native considered for federal judgeship -- Sen. Baucus to recommend Brian Morris."

According to the Montana Supreme Court's biography for Justice Brian Morris, he "served as law clerk for the Honorable William H. Rehnquist at the United States Supreme Court and for the Honorable John T. Noonan, Jr., of the United States Court of Appeals for the Ninth Circuit."

Perhaps the draw to the federal bench to become a trial judge is the guarantee of life tenure. Justice Morris is now 49 years old. According to The AP's report, he "was re-elected in 2012 to another eight-year term [on Montana's highest court] that goes until 2020." It is also not out of the question that Justice Morris may see a federal district judgeship as a good path to later joining the Ninth Circuit, although frequently state high court judges are appointed directly to a federal appellate court.
Posted at 09:36 AM by Howard Bashman



"Arizona's voter registration law heads for Supreme Court review": Cronkite News has this report.
Posted at 09:24 AM by Howard Bashman


"Obama's Judicial Payback: Republicans adopt filibuster tactics that Democrats pioneered." This editorial appears today in The Wall Street Journal. You can freely access the full text of the editorial via Google News.

And online today at The New Yorker, Jeffrey Toobin has a blog post titled "For Obama's Judges, It's Already Late."
Posted at 09:22 AM by Howard Bashman



"Constitution Check: Could the president legally order a drone strike inside the U.S.?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 09:16 AM by Howard Bashman


"Lawyers debate impact of 2nd Circuit off-label ruling": Nate Raymond of Reuters has this report.
Posted at 08:36 AM by Howard Bashman


"Defense attorney group wants U.S. Supreme Court to review Behenna case; Brief filed in Behenna case says U.S. Supreme Court should have final say after military appeals court decision against Edmond soldier in case of unpremeditated murder in combat zone": Chris Casteel has this article today in The Oklahoman.
Posted at 08:32 AM by Howard Bashman


"Top U.S. lawyer to high court focuses on antitrust, patent cases": Lawrence Hurley of Reuters has this report.
Posted at 08:27 AM by Howard Bashman


"State Supreme Court hears gay bias case": Today's edition of The Albuquerque Journal contains a front page article that begins, "Barely three sentences into his argument, the lawyer for a photo studio that refused to photograph a gay couple's commitment ceremony was assailed with questions from a skeptical New Mexico Supreme Court."
Posted at 08:24 AM by Howard Bashman


"Analysis: Death, taxes and Supreme Court's gay marriage case." Kim Dixon of Reuters has this report.
Posted at 08:22 AM by Howard Bashman


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