How Appealing

Monday, April 28, 2014

"White House Steps Up Effort to Confirm Federal Judges": Jeremy W. Peters will have this article in Tuesday's edition of The New York Times.
Posted at 11:18 PM by Howard Bashman

"Justices Appear Willing to Give a Fired Public Worker Only Half a Victory": Adam Liptak will have this article in Tuesday's edition of The New York Times.

In Tuesday's edition of The Washington Post, Robert Barnes will have an article headlined "Fired public employee tells court his Constitutional rights were violated."

And Bill Mears of reports that "Justices, in arguments, support man who says he was fired for exposing corruption."

Meanwhile, in related commentary, online at Bloomberg View, law professor Noah Feldman has an essay titled "Why Does the Government Want Us to Lie in Court?"
Posted at 11:11 PM by Howard Bashman

"Supreme Court to decide if law forbidding destruction of financial records applies to fish": Robert Barnes will have this article in Tuesday's edition of The Washington Post.

In Tuesday's edition of The Wall Street Journal, Brent Kendall will have an article headlined "Prosecutors Used Sarbanes-Oxley to Hook a Fisherman; Convicted Angler Brings Case to Supreme Court, Saying the Law Doesn't Apply to Tossing Fish Overboard."

Richard Wolf of USA Today reports that "Supreme Court to hear case of undersized grouper."

Warren Richey of The Christian Science Monitor has an article headlined "When is a fish like an incriminating document? Supreme Court will decide; A missing box of undersized fish led to charges against a Florida fisherman under a federal anti-document shredding measure; Whether he was overcharged will be for the Supreme Court to say."

And Bill Mears of reports that "Fisherman says feds went overboard in prosecution of illegal catch."

Last Thursday, John Yates -- the petitioner in this case -- wrote about the case for Politico Magazine in an article headlined "A Fish Story: I got busted for catching a few undersized grouper; You won't believe what happened next."
Posted at 10:50 PM by Howard Bashman

"How Washington's last remaining video rental store changed the course of privacy law": Andrea Peterson has this post today at "The Switch" blog of The Washington Post.

Josh Blackman had a related blog post yesterday titled "Robert Bork's Favorite Video Store (At Last) Closes Its Doors."
Posted at 09:50 PM by Howard Bashman

"Mississippi's Lone Abortion Clinic Fights To Remain Open": This audio segment appeared on today's broadcast of NPR's "Morning Edition" previewing a case argued today at the U.S. Court of Appeals for the Fifth Circuit.

The Fifth Circuit has posted online at this link (26.2 MB Windows Media audio file) the audio of today's oral argument.
Posted at 09:22 PM by Howard Bashman

"Court considers whistleblower free speech rights": The Associated Press has this report.

Mary Troyan of The Montgomery Advertiser has a news update headlined "Justices: Public employees' testimony merits protection."

At's "Law Blog," Jess Bravin has a post titled "Another Week, Another Rift Between Justices Sotomayor and Kennedy."

At the "School Law" blog of Education Week, Mark Walsh has a post titled "Supreme Court Weighs Case on Public-Employee Testimony."

And on this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Justices Troubled By Their Earlier Ruling On Public Employee Speech Rights."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Lane v. Franks, No. 13-483.
Posted at 08:56 PM by Howard Bashman

"Michelle Friedland Confirmed to Ninth Circuit": At "The BLT: The Blog of Legal Times," Todd Ruger has this post.

In other coverage, Howard Mintz of The San Jose Mercury News has an update headlined "San Francisco lawyer moving to federal appeals court bench."

At her "Trial Insider" blog, Pamela A. MacLean has a post titled "Friedland Confirmation Gives Circuit Full House."

And the Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued a news release headlined "Senate Confirms Michelle T. Friedland to Seat on Ninth Circuit Court of Appeals."

You can access the official U.S. Senate roll call vote tally at this link.
Posted at 08:45 PM by Howard Bashman

"U.S. court revives oil companies' lawsuit over WWII site cleanup": Jonathan Stempel of Reuters has this report.

My earlier coverage of today's Federal Circuit ruling appears at this link.
Posted at 08:32 PM by Howard Bashman

"Supreme Court to consider if 'anti-shredding law' applied to missing grouper": Jeremy P. Jacobs of Greenwire has this report.
Posted at 05:26 PM by Howard Bashman

"Justices to Weigh Fisherman's Conviction Under Federal Finance Law": Adam Liptak will have this article in Tuesday's edition of The New York Times.
Posted at 02:46 PM by Howard Bashman

In today's mail: Thanks to a fan of this blog at Simon & Schuster, three books of interest arrived in today's mail.

The first was the advanced uncorrected proofs of Bruce Allen Murphy's forthcoming book, "Scalia: A Court of One." The book is scheduled to go on sale June 10, 2014.

The second was Michael Waldman's "The Second Amendment: A Biography," which is scheduled to go on sale May 20, 2014.

And the third was soon-to-be released trade paperback edition of Marcia Coyle's "The Roberts Court: The Struggle for the Constitution." This edition, containing a new chapter titled "On with the Culture Wars," is scheduled to go on sale May 20, 2014.
Posted at 02:40 PM by Howard Bashman

"Court hears arguments on Mississippi abortion law": The Associated Press has this report on an appeal argued today at the U.S. Court of Appeals for the Fifth Circuit. I will link to the oral argument audio once the court posts it online.
Posted at 02:30 PM by Howard Bashman

"Can Cops Search Your Cell Phone Without a Warrant?" Ariane de Vogue has this post today at "The Note" blog of ABC News.
Posted at 02:26 PM by Howard Bashman

Shell Oil and other major petroleum companies win Federal Circuit appeal seeking indemnification from the federal government for World War II-related environmental liabilities: You can access today's ruing of a divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit at this link.
Posted at 11:14 AM by Howard Bashman

"Justices to rule on cellphone searches without warrants": Richard Wolf of USA Today has this report.
Posted at 10:42 AM by Howard Bashman

"Alabama 2-year college scandal case before Supreme Court": In today's edition of The Montgomery Advertiser, Mary Troyan has a front page article that begins, "The corruption scandal involving Alabama's two-year college system will be the backdrop for Supreme Court arguments today about whether testimony that a government employee gives in court is protected free speech."
Posted at 09:40 AM by Howard Bashman

Access online today's Order List of the U.S. Supreme Court: The Court has posted today's Order List at this link. The Court granted review in two new cases.

In early news coverage, The Associated Press reports that "Court to clarify process for rescinding mortgages"; "High court to hear fisherman's case"; "Court turns away challenge to anti-terror law"; "Court declines to hear Microsoft antitrust case": and "High court turns down ex-Kansas attorney general."

Greg Stohr of Bloomberg News reports that "Military Detention Law Stands as Top Court Rejects Appeal" and "Microsoft Wins Antitrust Case as Top Court Rejects Novell."

Lawrence Hurley of Reuters reports that "Supreme Court to consider white-collar charges against fisherman" and "U.S. Supreme Court declines to hear Microsoft antitrust case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Detention challenge denied."
Posted at 09:33 AM by Howard Bashman

"John Paul Stevens to testify on 'dark money'": Burgess Everett of has this report.
Posted at 07:44 AM by Howard Bashman

"Scalia set to play key role in Supreme Court smartphone case; With the conservative justice emerging as a foe of 'unreasonable searches,' the court will decide whether police can examine phones seized during arrests": David G. Savage has this article in today's edition of The Los Angeles Times.
Posted at 07:42 AM by Howard Bashman

"Federal judges plead guilty -- Juris imprudence: Litigants reeling after judges admit conflicts of interest." Reity O'Brien of The Center for Public Integrity has this article, along with an article headlined "Information on judges' disclosures often blacked out; Redacted information includes gifts, investments and income." The organization has also posted online a database titled "What do federal appellate judges own?"

In early news coverage, Sam Hananel of The Associated Press has an article headlined "Report: Appeals court judges violated ethics laws."

Bob Egelko of The San Francisco Chronicle has an article headlined "Judges' financial conflicts of interest revealed in report."

And The New York Daily News has an article headlined "Federal judges hid conflict of interest when ruling on cases: report."
Posted at 07:28 AM by Howard Bashman

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