How Appealing

Thursday, May 2, 2013

"The D.C. Circuit 'Clarifies' Scope of Bahlul En Banc Rehearing": Steve Vladeck has this post at "Lawfare."
Posted at 10:30 PM by Howard Bashman


"Justice Sotomayor: new justice center a 'magnificent tribute.'" The Denver Post has this news update.
Posted at 10:22 PM by Howard Bashman


"Governor has 90 days to fill Supreme Court seat left vacant by Orie Melvin": This article appears today in The Pittsburgh Post-Gazette.
Posted at 09:54 PM by Howard Bashman


"Force-feeding order did not violate inmate's rights: Court of Appeals." Reuters has this report on a ruling that the New York State Court of Appeals -- that state's highest court -- issued today.
Posted at 09:00 PM by Howard Bashman


"President Obama Can Shut Guantanamo Whenever He Wants: Congress isn't actually stopping him." Law professor Eric Posner has this essay online at Slate.
Posted at 08:27 PM by Howard Bashman


"Family of American killed in Pakistan Marriott bombing can sue hotel in U.S." Michael Doyle of McClatchy Newspapers has this report.

My earlier coverage of yesterday's Fourth Circuit ruling appears at this link.
Posted at 08:17 PM by Howard Bashman



"Sotomayor cites Boston on perils of profiling": The Associated Press has this report.
Posted at 07:25 PM by Howard Bashman


"Court mulls liability standard in cases of cow and horse": Reuters has this report on two separate rulings (access here and here) that the New York State Court of Appeals -- that state's highest court -- issued today.
Posted at 05:55 PM by Howard Bashman


"U.S. attorney general tells Gov. Brownback new state gun law is unconstitutional": The Wichita Eagle has a news update that begins, "One day after Gov. Sam Brownback signed new gun legislation into law, U.S. Attorney General Eric Holder sent him a letter saying the law criminalizes the enforcement of federal gun controls in the state, is unconstitutional and that he's willing to go to court to fight for that claim." You can view Attorney General Holder's letter at this link.

Also today, Lois Beckett of ProPublica has an article headlined "Nullification: How States Are Making It a Felony to Enforce Federal Gun Laws."

Update: In other coverage, John Celock of The Huffington Post reports that "Eric Holder Tells Sam Brownback That Kansas' New Gun Law Is Unconstitutional."
Posted at 04:30 PM by Howard Bashman



"Sandra Day O'Connor's Doubts on Bush v. Gore": Adam Liptak of The New York Times appeared on today's broadcast of WNYC Radio's "The Brian Lehrer Show." You can access the audio via this link.
Posted at 04:25 PM by Howard Bashman


The Colorado Judicial Branch's live video stream of today's "Justice Sotomayor Event" has just begun: You can access the live video by clicking here.
Posted at 03:39 PM by Howard Bashman


"Florida Supreme Court Deepens Lower Court Split on Searching a Cell Phone Incident to Arrest": Orin Kerr has this post at "The Volokh Conspiracy" about a ruling that the Supreme Court of Florida issued today.
Posted at 01:58 PM by Howard Bashman


"Guantanamo and Torture: It's Up to Obama." Law professor David Cole has this post today at the blog of The New York Review of Books.

And The New York Times has posted online a Room for Debate discussion titled "The Ethics of Force-Feeding Inmates."
Posted at 01:55 PM by Howard Bashman



"Death penalty changes rejected": In today's edition of The San Francisco Chonicle, Bob Egelko has an article that begins, "Prosecutor-backed legislation to shorten death penalty appeals in California, and bring back the gas chamber, has been rejected by a state Senate committee."
Posted at 01:18 PM by Howard Bashman


"Thompson to be high court's next chief justice": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "Justice Hugh Thompson will be the Georgia Supreme Court's next chief justice beginning Aug. 15, the court announced Thursday."
Posted at 12:44 PM by Howard Bashman


Sahil Kapur of TPM DC is reporting: Today, he has articles headlined "Jeff Merkley Escalates Push For Filibuster Reform" and "Obama DOJ Appeals Judge's Ruling On Morning-After Pill."
Posted at 12:00 PM by Howard Bashman


"Coming soon: Scalia and Ginsburg, the Opera." Kimberly Atkins has this post today at the "DC Dicta" blog of Lawyers USA.
Posted at 11:57 AM by Howard Bashman


"Decoding the gay-marriage oral arguments": Law professor Erwin Chemerinsky has this essay online today at the "Law News Now" blog of ABA Journal.
Posted at 11:55 AM by Howard Bashman


"Guantanamo Hunger Strike Lays Bare Detainees' Growing Desperation": Ryan J. Reilly of The Huffington Post has this report.

And today's broadcast of NPR's "Morning Edition" contained an audio segment titled "Hunger-Striking Detainees At Guantanamo Are Force-Fed" featuring Carol Rosenberg of The Miami Herald.
Posted at 11:45 AM by Howard Bashman



"Ex-chief justice pens book about court's 'dark money'": Last Sunday's edition of The Traverse City (Mich.) Record-Eagle contained an article that begins, "The Michigan Supreme Court is corrupted by 'dark money,' secrecy and ideology. So contends former Supreme Court Chief Justice Elizabeth Weaver, a Republican from Glen Arbor, who's co-authored a book in which she alleges Michigan's highest court often rules on behalf of special interest groups that bankroll judges' election campaigns, as opposed to the merits of cases."

You can learn more about the book via this link.
Posted at 11:07 AM by Howard Bashman



"Religious disputes heading to court": Mark Morris of The Kansas City Star has an article that begins, "Disputes over religion and personal expression aren't just for Christmas anymore."
Posted at 11:00 AM by Howard Bashman


For those keeping score at home: Monday will be this blog's 11th birthday.

And in other news, the winner of this blog's current book give-away -- who will receive a copy of Marcia Coyle's new book, "The Roberts Court: The Struggle for the Constitution" -- is about to graduate from the William & Mary Law School in Williamsburg, Virginia. If that doesn't describe you, then you didn't win. Thanks to all who entered the contest for making the choice of a winner such a difficult decision.
Posted at 10:42 AM by Howard Bashman



"Q+A: Jeff Fisher, co-director of the Supreme Court Litigation Clinic." This interview appeared Tuesday in The Stanford Daily.
Posted at 09:07 AM by Howard Bashman


"Supreme Court Justice Sotomayor in Denver Thursday": The Denver Post has this report.

Via the web site of Colorado's Judicial Branch, you can access here the links to "Watch Justice Sotomayor speak live at the public dedication ceremony at the Ralph L. Carr Colorado Judicial Center on May 2nd at 1:30PM!"
Posted at 09:00 AM by Howard Bashman



"Pace of justice at Air Force appeals court comes under scrutiny": Michael Doyle of McClatchy Newspapers has this report.
Posted at 08:56 AM by Howard Bashman


"The Origins and Meaning of 'Vacancies that May Happen During the Recess' in the Constitution's Recess Appointments Clause": Robert G. Natelson has posted this article online at SSRN (via "Legal Theory Blog").
Posted at 08:55 AM by Howard Bashman


"Do cellphone distracted driver laws go too far? Court will decide." The Los Angeles Times had this blog post yesterday.

Last week, the newspaper published a related article headlined "Driver ticketed for using iPhone's map app isn't giving up yet; Steven Spriggs, who maintains that he was driving safely at the time, isn't taking 'convicted' for an answer; Urged on by supporters, he has filed another appeal."
Posted at 08:51 AM by Howard Bashman



"Constitution Check: Was the court wrong in agreeing to decide and in its ruling in Bush v. Gore?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:42 AM by Howard Bashman


"How the Chamber of Commerce conquered the Supreme Court": Zachary Roth has this essay online today at msnbc.

The interim report that the Constitutional Accountability Center issued yesterday is titled "Not-So-Risky Business: The Chamber of Commerce's Quiet Success Before the Roberts Court -- An Early Report for 2012-2013."
Posted at 08:37 AM by Howard Bashman



"What options does Obama have to close Guantanamo?" Susan Cornwell and Jane Sutton of Reuters have this report.
Posted at 08:27 AM by Howard Bashman


"U.S. to Defend Age Limits on Morning-After Pill Sales": Today's edition of The New York Times contains an article that begins, "The Obama administration moved Wednesday to keep girls under 15 from having over-the-counter access to morning-after pills, as the Justice Department filed a notice to appeal a judge's order that would make the drug available without a prescription for girls and women of all ages."

The Los Angeles Times reports that "Government will appeal Plan B emergency birth control ruling."

The "Wonkblog" of The Washington Post has an entry titled "Obama administration plans to appeal Plan B ruling."

The Associated Press reports that "Women's groups decry appeal on morning-after pill."

Terry Baynes of Reuters reports that "FDA appeals making 'morning-after' pill available to all ages."

And Bloomberg News reports that "Ruling on Plan B Pill for All Ages Appealed by U.S."
Posted at 08:24 AM by Howard Bashman



"The Supreme Court vs. Freedom of Information: The justices undermine a core constitutional protection in McBurney v. Young." Damon W. Root has this essay online at Reason.
Posted at 08:04 AM by Howard Bashman


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