How Appealing

Friday, May 2, 2014

"Obamacare's doom": The Washington Post tonight has posted online an op-ed by columnist George F. Will that begins, "If the president wants to witness a refutation of his assertion that the survival of the Affordable Care Act is assured, come Thursday he should stroll the 13 blocks from his office to the nation's second-most important court, the D.C. Circuit Court of Appeals."
Posted at 11:32 PM by Howard Bashman

"High court cross-state ruling leaves much unsettled for EPA": Jeremy P. Jacobs and Daniel Lippman of Greenwire have this report.
Posted at 11:30 PM by Howard Bashman

"Supreme Court panel upholds $7.5 million judgment favoring Wynn against video magnate": The Las Vegas Review-Journal has a news update that begins, "A panel of the Nevada Supreme Court has upheld a $7.5 million defamation judgment against soft-porn king Joe Francis on behalf of casino developer Steve Wynn."

I have posted online at this link yesterday's unpublished order of the Supreme Court of Nevada.
Posted at 11:22 PM by Howard Bashman

"Ruling on affirmative action ban now being argued in Utah same-sex marriage case": Dennis Romboy of The Deseret News has a news update that begins, "State attorneys in Utah's same-sex marriage fight are citing a new U.S. Supreme Court ruling that upholds Michigan's ban on using race as a factor in college admissions to bolster their case."
Posted at 08:56 PM by Howard Bashman

"Mining group seeks court review of coal dust rule": The Associated Press has this report.

And Bloomberg News reports that "Black Lung Mine Rule Challenged by Murray Energy."
Posted at 08:44 PM by Howard Bashman

"Summary Judgment and the Reasonable Jury Standard: A Proxy for a Judge's Own View of the Sufficiency of the Evidence?" Law professor Suja A. Thomas has posted this short article online at SSRN.
Posted at 04:20 PM by Howard Bashman

"Oklahoma Damage Might Extend to Judicial Independence": Today at "The BLT: The Blog of Legal Times," Tony Mauro has a post that begins, "Judicial independence was another casualty of this week's debacle over the execution of a convicted murderer in Oklahoma, advocates for fair courts said on Friday."
Posted at 04:16 PM by Howard Bashman

"Who's the 'Bad Guy' Here?" Pamela A. MacLean has this post today at her "Trial Insider" blog reporting on a dissent from the denial of rehearing en banc issued today that Circuit Judge Stephen Reinhardt wrote, in which only Chief Judge Alex Kozinski joined.

My earlier coverage of the ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in the case, from October 2013, can be accessed here.
Posted at 03:50 PM by Howard Bashman

"U.S. juice maker POM rejects claim of misleading advertising": Diane Bartz of Reuters has this report. According to the article, "Thomas Goldstein, arguing for POM Wonderful, said the advertisements which most concerned the Federal Trade Commission were discontinued in 2005 and others were halted in 2007."

And at "The BLT: The Blog of Legal Times," Jenna Greene has a post titled "Appellate Panel Grills Pom on Deceptive Ads."

The case was argued today before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit. You can access the oral argument audio via this link (53.7 MB mp3 audio file).

Update: In other coverage, Brent Kendall of The Wall Street Journal has a news update headlined "Appeals Court Likely to Uphold FTC Ruling on Juice Maker Pom; Judges Questioned FT''s Decision to Bar Disease-Related Health Claims Without Two Randomized, Clinical Trials."
Posted at 03:40 PM by Howard Bashman

"Airlines exempt from Sept. 11 environmental claim -- U.S. court." Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 03:35 PM by Howard Bashman

"Botched Oklahoma execution: Autopsy portion of inquiry into problematic lethal injection likely to take two to three months; No more Oklahoma lethal injections are likely until end of investigation into botched execution; The autopsy portion of inquiry is expected to take two to three months alone." Rick Green of The Oklahoman has this news update.

And The Associated Press reports that "Unused dose of lethal cocktail to be tested."
Posted at 03:33 PM by Howard Bashman

"Chief Justice denies allegations of improper contact with PMO": Sean Fine of The Toronto Globe and Mail has a news update that begins, "Supreme Court Chief Justice Beverley McLachlin has categorically denied Prime Minister Stephen Harper's extraordinary public assertion that she attempted to contact him about a court case." In addition, law professor Errol Mendes has an essay titled "Attempt to smear Chief Justice an affront to our constitutional system."

The Toronto Star has an article headlined "Feud with Supreme Court part of a pattern for Harper government; Is the Supreme Court picking a fight with the Conservative government, or is it the other way around?"

CBC News has a report headlined "Beverley McLachlin, PMO give duelling statements on Nadon appointment fight; PMO says Harper refused to take call from Chief Justice Beverley McLachlin."

And The Canadian Press reports that "Harper says he did nothing wrong in nominating Marc Nadon to Supreme Court."
Posted at 01:25 PM by Howard Bashman

"Statement of Prop 8 Defender Chuck Cooper": Ed Whelan has this post today at National Review Online's "Bench Memos" blog.
Posted at 12:52 PM by Howard Bashman

"FindTheBest may be first to gain from Supreme Court's patent fee ruling; Startup wants back the $200k it spent to quash troll with a 'matchmaking' patent": Joe Mullin of Ars Technica has this report.
Posted at 12:00 PM by Howard Bashman

"The race to bring NSA surveillance to the Supreme Court: There are at least three pending cases against the agency with a shot at making it all the way." Adrianne Jeffries has this report online at The Verge.
Posted at 11:58 AM by Howard Bashman

"Legally Speaking: Saving Obamacare; A conversation with Donald B. Verrilli Jr., the 46th solicitor general of the United States." This written interview appears in the May 2014 issue of California Lawyer magazine.

You can view the video of the complete interview on YouTube by clicking here.
Posted at 11:17 AM by Howard Bashman

"For Now, Justice Ginsburg's 'Pathmarking' Doesn't Include Retirement; As Senior Member of the Supreme Court's Liberal Wing, She Strives to Make the Minority Heard": Jess Bravin of The Wall Street Journal has this article.

In addition, at's "Washington Wire" blog, Bravin has a post titled "Excerpts from WSJ Interview with Justice Ruth Bader Ginsburg."
Posted at 11:07 AM by Howard Bashman

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