How Appealing

Wednesday, March 12, 2014

"Ruling On Gay Juror May Cause Ripples In Same-Sex Marriage Cases": This audio segment appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 11:54 PM by Howard Bashman

Google and YouTube file petition for rehearing en banc challenging Ninth Circuit panel's copyright and take-down rulings in Garcia v. Google: I have posted at this link the petition for rehearing en banc filed tonight in the U.S. Court of Appeals for the Ninth Circuit.

My initial coverage of the divided three-judge panel's ruling can be accessed here.
Posted at 11:20 PM by Howard Bashman

"New Hampshire Nears Repeal of Death Penalty": This article will appear in Thursday's edition of The New York Times.
Posted at 09:02 PM by Howard Bashman

"No Longer Black and White: Why liberals should let California's affirmative-action ban stand." Richard D. Kahlenberg has this jurisprudence essay online at Slate.
Posted at 08:46 PM by Howard Bashman

"Justice Samuel Alito Speaks at Pepperdine Event; U.S. Supreme Court Justice Samuel Alito offers advice to young lawyers and says State of the Union addresses are increasingly difficult for justices to attend": The Malibu Times has this report.
Posted at 08:44 PM by Howard Bashman

Google and YouTube file brief supporting en banc review of Ninth Circuit's refusal to issue a stay of three-judge panel's take-down order in Garcia v. Google pending action on petition for rehearing en banc of underlying three-judge panel's ruling: You can access the brief in support of en banc review of the order denying a stay at this link. The Ninth Circuit had previously ordered the opposing parties to file their views on this issue no later than today.

[Update: I have posted at this link plaintiff Cindy Lee Garcia's brief in response to the en banc call on the stay order filed earlier today.]

Today is also the deadline for Google to file its petition for rehearing en banc of the underlying three-judge panel's decision, which issued 14 days ago. The rehearing petition will be filed later tonight, I am reliably advised. My initial coverage of that ruling can be accessed here.

It is quite possible that the issue concerning en banc review of the stay denial will fall by the wayside if the Ninth Circuit quickly grants en banc review of the underlying three-judge panel's ruling. In the Ninth Circuit, when en banc review is granted, the effect is to vacate the three-judge panel's ruling.
Posted at 08:33 PM by Howard Bashman

"Kline seeks U.S. Supreme Court review of license suspension; Petition asserts Kline punished for political views on abortion": The Topeka Capital-Journal has this report.
Posted at 08:05 PM by Howard Bashman

"Sunnyvale gun law: Supreme Court justice refuses to stay ban on large-capacity magazines." Josh Richman of The Oakland Tribune has this news update.

And The Associated Press reports that "Kennedy denies request to block gun magazine law."
Posted at 08:02 PM by Howard Bashman

"Can police search your phone on arrest? Groups urge Supreme Court to say 'no'; Searching the vast array of personal data in smartphones calls for a warrant." Joe Silver of Ars Technica has this report.
Posted at 07:58 PM by Howard Bashman

"Utah's decision to freeze same-sex marriages debated in court": Brooke Adams of The Salt Lake Tribune has this news update.

The The Deseret News has an update headlined "Utah recognition of same-sex marriage in judge's hands."
Posted at 07:35 PM by Howard Bashman

"House backs bill to sue president over laws": The Associated Press has this report, which states that "Once litigated in district court, any appeals would be decided by the U.S. Supreme Court." The article goes on to say that the proposed legislation has no chance whatsoever of becoming law.
Posted at 05:53 PM by Howard Bashman

"Clarence Thomas Talks": UVA Today has this report.
Posted at 05:51 PM by Howard Bashman

"Sonia Sotomayor: The sincere Supreme Court Justice charms a capacity crowd at Everybody Reads." The Oregonian has this report.
Posted at 05:10 PM by Howard Bashman

"Gun rights plea denied": Lyle Denniston has this updated post at "SCOTUSblog."
Posted at 05:07 PM by Howard Bashman

"Calif. city torn by multiple fights over public crosses": Religion News Service has this report.
Posted at 03:46 PM by Howard Bashman

"3d Circuit Judge to retire!" Today at the "Southern California Appellate News" blog, Ben Shatz has this post noting that Santa Barbara, California-based Senior Third Circuit Judge Ruggero J. Aldisert has announced plans to retire entirely from the federal judiciary this August.
Posted at 03:32 PM by Howard Bashman

"Writing Better, Attention-Grabbing Appellate Briefs": This month's installment of my "Upon Further Review" column appeared in yesterday's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.
Posted at 02:40 PM by Howard Bashman

"Can the U.S. Government Declare a State Constitution 'Un-Republican'? A lawsuit challenging Colorado's Taxpayer Bill of Rights raises uncomfortable questions about federalism and the Constitution's Guaranty Clause." Law professor Garrett Epps has this essay online today at The Atlantic.

My earlier coverage of last Friday's Tenth Circuit ruling appears at this link.
Posted at 01:46 PM by Howard Bashman

"The defendants' appeal brief is a gaunt, pathetic document," and for good measure the Seventh Circuit in this civil case directs "the district court to determine whether the defendants should be jailed": Circuit Judge Richard A. Posner delivered this opinion today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.

The audio from the oral argument of this appeal, which occurred less than a month ago, can be accessed via this link.
Posted at 01:36 PM by Howard Bashman

"Senate confirms first Utah woman to 10th Circuit Court bench": Thomas Burr of The Salt Lake Tribune has this news update.

You can view the U.S. Senate's official roll call tally at this link.
Posted at 11:44 AM by Howard Bashman

"Judge upholds Missouri limit on funeral protests": The Associated Press has a report that begins, "A federal judge has upheld a Missouri law requiring protesters to stay at least a football-field length away from funeral sites, beginning an hour before they start until an hour after the services end."

I have posted online at this link Monday's ruling of the U.S. District Court for the Western District of Missouri in Phelps-Roper v. Nixon.
Posted at 08:20 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