How Appealing

Tuesday, May 10, 2011

"Appellate Court Hears Defense of Health Law": This article will appear Wednesday in The New York Times.

In Wednesday's edition of The Los Angeles Times, David G. Savage will have an article headlined "Healthcare law gets friendly hearing in appeals court; Three judges in the U.S. 4th Circuit, all Democratic appointees, indicate they're likely to uphold the Obama administration's new healthcare law."

Wednesday's edition of The Washington Post will contain an article headlined "Judges in Va. appear skeptical about health overhaul arguments."

Warren Richey of The Christian Science Monitor has an article headlined "Appeals court: Is health-care reform like broccoli? Attorneys challenging Obama's health-care reform law said that Congress cannot 'force us to buy a private product and say it is for our own good,' whether health insurance or broccoli."

At "SCOTUSblog," Lyle Denniston has a post titled "Easy outing for health care law? The 14-month-old federal health care law's most important provision appears to be on its way to surviving its first constitutional test in a federal appeals court; The key problem for the challengers: their activity-inactivity distinction did not seem to work."

And online at Slate, Dahlia Lithwick has a jurisprudence essay entitled "It's Good for You: A federal appeals court hears arguments about Obama's health care law -- and broccoli."
Posted at 11:08 PM by Howard Bashman



"Senators Confirm Former ACLU Lawyer for Judgeship": At "The BLT: The Blog of Legal Times," David Ingram has a post that begins, "The U.S. Senate voted today to confirm Edward Chen to the federal district bench in the Northern District of California, ending a debate that had revolved around Chen's past work on polarizing civil liberties cases."

You can access the U.S. Senate's official roll call vote tally by clicking here.
Posted at 06:14 PM by Howard Bashman



"Air Force lesbian who won reinstatement retiring": The Associated Press has this report.
Posted at 06:02 PM by Howard Bashman


"Appeals court in NYC puts Chevron on defensive": The Associated Press has a report that begins, "A lawyer for energy company Chevron found himself on the defensive Tuesday as he argued that it was urgent that the courts protect the company from an $18 billion judgment against it in Ecuador over damage done to the Ecuadorean rain forest decades ago."
Posted at 06:00 PM by Howard Bashman


"Appeals court blasts VA mental health care system": The Associated Press has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued in typescript today.

Circuit Judge Stephen Reinhardt delivered the opinion of the court, while Chief Judge Alex Kozinski issued a dissenting opinion.
Posted at 05:57 PM by Howard Bashman



"Justice Thomas: making waves in First Amendment jurisprudence." David L. Hudson Jr. has this essay online at the First Amendment Center.
Posted at 02:33 PM by Howard Bashman


Access online the audio of today's Affordable Care Act oral arguments before a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit: You can access the audio of the oral argument in Liberty University, Inc. v. Timothy Geithner via this link (7.85MB mp3 audio file).

And you can access the audio of the oral argument in Commonwealth of Virginia v. Kathleen Sebelius via this link (4.61MB mp3 audio file).
Posted at 02:05 PM by Howard Bashman



"Appeals court in Va. hears health care cases": The Associated Press has this report.

Jim Nolan of The Richmond Times-Dispatch has a news update headlined "Federal court hears two health-care appeals in Richmond."

David G. Savage of The Los Angeles Times has a news update headlined "Healthcare law gets friendly reception from appeals court panel; Two of the three judges were appointed by President Obama, the other by Bill Clinton; The judges' comments indicate they're leaning toward reversing a federal court decision in Virginia that called the healthcare law unconstitutional."

Joan Biskupic of USA Today has a news update headlined "Judges hear arguments on Obama health care law."

The Washington Post has a news update headlined "Federal appeals court in Virginia hears oral arguments in health care lawsuits."

The Washington Times has a news update headlined "Opening arguments start in appeal of health care case."

The Roanoke Times has a news update headlined "Federal appeals court hears health care cases."

Bill Mears of CNN.com reports that "Federal appeals judges show support for health care reform law."

Bloomberg News reports that "Congress Has Power Over Health-Care Markets, U.S. Tells Appeals Court."

And Reuters reports that "Appeals court questions Obama healthcare lawsuit."
Posted at 12:51 PM by Howard Bashman



"Remarkable opinion by Pennsylvania Justice assails federal defender involvement in state capital cases": Doug Berman has this post at his "Sentencing Law and Policy" blog.
Posted at 11:48 AM by Howard Bashman


"Justice Sotomayor welcomes new US citizens": The Associated Press has this report.
Posted at 11:44 AM by Howard Bashman


"Defining and Identifying Greatness in Appellate Advocacy": Today's issue of The Legal Intelligencer -- Philadelphia's daily newspaper for lawyers -- contains this month's installment of my "Upon Further Review" column.
Posted at 11:42 AM by Howard Bashman


On remand from the U.S. Supreme Court, a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit has vacated certain counts of conviction obtained against former Alabama Governor Don Siegelman and former HealthSouth CEO Richard Scrushy: You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link. The case has been remanded to the district court for resentencing.

Update: In early news coverage, The Associated Press reports that "US court throws out 2 Ala. bribery convictions."
Posted at 10:46 AM by Howard Bashman



U.S. Court of Appeals for the Fourth Circuit announces the identities of the federal appellate judges assigned to preside over today's Affordable Care Act oral arguments: The judges assigned to hear and decide these appeals are Circuit Judges Diana Gribbon Motz, Andre M. Davis, and James A. Wynn, Jr. All three of these judges are the nominees of Democratic Presidents. Judges Davis and Wynn were nominated to the Fourth Circuit by President Obama, while Judge Motz was nominated to the Fourth Circuit by President Clinton.

Update: The Associated Press reports that "2 Obama appointees on VA court's health care panel."
Posted at 08:27 AM by Howard Bashman



"Supreme Court: Class (action) dismissed; The high court's decision to prevent people from bringing class-action suits against corporations is further proof that its conservative majority favors businesses over consumers, employees and others suffering injuries." Law professor Erwin Chemerinsky has this op-ed today in The Los Angeles Times.
Posted at 08:22 AM by Howard Bashman


"Justice Department nominee remains in limbo after Senate vote": Today's edition of The Washington Post contains an article that begins, "Republicans in the U.S. Senate voted Monday to block President Obama's choice for the No. 2 position in the Justice Department, leaving the nominee in an official limbo that has already lasted months."
Posted at 08:15 AM by Howard Bashman


"2012 battlefield: The Supreme Court." Politico.com has this report.
Posted at 08:11 AM by Howard Bashman


"Virginia suits over federal health-care law go before appellate panel": This article appears today in The Washington Post.

The Washington Times reports today that "Federal appeals courts set to hear 'Obamacare' cases; Requirement to purchase is challenged."

Warren Richey of The Christian Science Monitor reports that "Obama's health-care reform law faces new test in appeals court; Two cases challenging the constitutionality of the health-care reform law arrive Tuesday for oral argument at the Fourth Circuit Court of Appeals in Richmond, Va."

Bloomberg News reports that "Fight Over Obama Healthcare Law Reaches First of Three U.S. Appeals Courts."

And Reuters reports that "Obama administration fights to save healthcare law."
Posted at 08:10 AM by Howard Bashman



"N.F.L. Continues Effort to Maintain Lockout": Today's edition of The New York Times contains an article that begins, "The N.F.L. asked a federal appeals court Monday to vacate a District Court's preliminary injunction that briefly lifted the two-month lockout and send the case back to the District Court."

Bloomberg News reports that "NFL Owners Ask U.S. Appeals Court to Reverse Order to Lift Player Lockout."

And Reuters reports that "NFL says judge was wrong to block lockout."

You can access online the Brief for Appellant that the National Football League filed yesterday in the U.S. Court of Appeals for the Eighth Circuit. In addition, the National Hockey League filed this proposed amicus brief.
Posted at 07:54 AM by Howard Bashman



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