How Appealing

Tuesday, April 8, 2014

"Don't rush to judge Supreme Court on gay rights or religious rights": Michael McGough has this essay online at The Los Angeles Times.
Posted at 10:44 PM by Howard Bashman

"SCOTUSblog on camera: Orin Kerr -- Part one." "SCOTUSblog" has posted online this video today, the first in a five-part series.
Posted at 10:16 PM by Howard Bashman

"Injunction granted in court fight over new Arizona abortion rules": Howard Fischer of The Arizona Daily Star has this news update.

And The Associated Press reports that "Court extends stay on new Arizona abortion rules."

You can access today's order of a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:12 PM by Howard Bashman

"John Roberts gets the parties started": Jake Sherman and Anna Palmer of have this report today.
Posted at 10:08 PM by Howard Bashman

"'Copyright troll' Prenda Law completely bombs at appeals court; Appellate judge is shocked as Prenda's own lawyer can't unwind the 'shell game'": Joe Mullin of Ars Technica has this report.

My earlier coverage of yesterday's Seventh Circuit oral argument (5.56MB mp3 audio file) appears at this link.
Posted at 10:05 PM by Howard Bashman

"U.S. defends cross, but urges delay": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 10:02 PM by Howard Bashman

"Sotomayor Stresses Relationships, Public Service in Georgetown Talk": Georgetown University posted online last week this report with accompanying video.
Posted at 10:00 PM by Howard Bashman

"Same-sex marriage advocates making more noise than traditional marriage supporters": Dennis Romboy of The Deseret News has this report.
Posted at 09:56 PM by Howard Bashman

"Florida Supreme Court will define sex": The Florida Times-Union of Jacksonville has this report today.
Posted at 09:55 PM by Howard Bashman

"Obama admin, company align against N.C. dump's neighbors in Supreme Court showdown": Jeremy P. Jacobs of Greenwire has this report.
Posted at 09:54 PM by Howard Bashman

Programming note: Due to an event that I am attending out of the office this afternoon, additional posts will appear here this evening.
Posted at 01:34 PM by Howard Bashman

"The majority opinion creates a square circuit conflict over whether allegedly erroneous career-offender designations in particular * * * are cognizable on a 28 U.S.C. sec, 2255 petition for collateral review." So states Circuit Judge J. Harvie Wilkinson III in dissent from a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 01:22 PM by Howard Bashman

"Thomas alone on campaign finance?" Law professor Rick Hasen, author of the "Election Law Blog," has this essay today in The Daily Journal, a California-based legal newspaper.

And online today at The Guardian (UK), Hasen has an essay titled "How to reverse a supreme court attack on democracy: fight for voting rights; John Roberts' wrecking ball got you mad as hell? Don't take his court's electoral destruction for granted anymore."
Posted at 12:58 PM by Howard Bashman

"U.S. justice requests generics respond in Copaxone litigation": Lawrence Hurley of Reuters has this report.
Posted at 12:48 PM by Howard Bashman

"How to Secede From the Union, One Judicial Vacancy at a Time; By refusing to help fill the nation's empty trial benches, some senators are intentionally creating a vacuum of federal legal authority": Andrew Cohen has this essay online today at The Atlantic.
Posted at 12:43 PM by Howard Bashman

"Ex-Blackwater Guard Wins Challenge of Manslaughter Indictment": At "The BLT: The Blog of Legal Times," Zoe Tillman has a post that begins, "A federal appeals court in Washington handed the U.S. Department of Justice a loss Monday in its revived prosecution of former private security guards charged with killing Iraqi civilians in 2007."
Posted at 11:11 AM by Howard Bashman

"As to nonresident attorneys, however, [New York law] mandates that they shoulder the additional obligation to maintain some sort of separate office premises within the state." Attorney Ekaterina Schoenefeld's pro se challenge under the Privileges and Immunities Clause of Article IV, section 2 of the U.S. Constitution to this aspect of New York law resulted today in a ruling from the U.S. Court of Appeals for the Second Circuit certifying a question to the Court of Appeals of New York, that state's highest court.

Today's result was not a clear victory for Schoenefeld, as the federal district court had ruled in her favor, holding that this requirement of New York law was unconstitutional because it imposed an impermissible burden on her fundamental right to practice law in New York state.
Posted at 10:40 AM by Howard Bashman

"Rep.: Impeach judge who will overturn gay marriage ban." The Cincinnati Enquirer has this report.
Posted at 10:28 AM by Howard Bashman

"Do states have to disclose lethal injection drugs? Supreme Court refuses case; The rejected appeal to the Supreme Court involved a Louisiana inmate; Some states have developed alternative lethal injection protocols amid difficulties in obtaining the drug pentobarbital." Warren Richey of The Christian Science Monitor has this report.
Posted at 10:27 AM by Howard Bashman

"Jurisprudential Jousting With a Supreme Court Justice; Supreme Court Justice Antonin Scalia on stage with Judge Andrew Napolitano": David Shapiro has this article in today's edition of The Wall Street Journal.
Posted at 10:26 AM by Howard Bashman

"Facebook Case Tests Scope of 'True Threat'": Michelle Olsen has this post today at her "Appellate Daily" blog.
Posted at 10:22 AM by Howard Bashman

"Utah same-sex marriage debate shifts to appeals court Thursday": Dennis Romboy has this article in today's edition of The Deseret News.

And The Salt Lake Tribune reports today that "Utahns' give heartfelt send-off to couples in same-sex marriage case; Plaintiffs and their lawyers are on their way to Denver to make their case before the 10th Circuit Court of Appeals."
Posted at 08:20 AM by Howard Bashman

"Seventh Circuit hears arguments in Prenda attorneys' appeal over $261K sanction order; judge says Lightspeed record is 'troublesome'": The Madison-St.Clair Record has this report.

And at the "fedcivilprocedure" blog, Edward X. Clinton, Jr. has a post titled "Prenda Law Appeal Goes Poorly In Seventh Circuit."

You can access at this link (5.56MB mp3 audio file) the audio of yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 08:14 AM by Howard Bashman

"High court declines photographer's appeal in gay marriage case": This article appears today in The Washington Times.
Posted at 07:56 AM by Howard Bashman

"Court Questions Effort to Desegregate Schools in Cleveland, Miss.; Case Concerning Nearly All-Black Schools in Mississippi City Has Dragged on Since 1965": Jess Bravin has this article today in The Wall Street Journal.
Posted at 07:55 AM by Howard Bashman

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