How Appealing

Friday, June 21, 2013

"Supreme Court Justice Sonia Sotomayor offered advice to Cicero-North Syracuse graduates": The Post-Standard of Syracuse, New York has this news update.
Posted at 08:24 PM by Howard Bashman


"A Lifeline for Minorities, Catholic Schools Retrench": Today's edition of The New York Times contains an article that begins, "Sonia Sotomayor lives in Washington, but she has never forgotten her roots in the Bronx."
Posted at 04:55 PM by Howard Bashman


"The inherent conflict for lawyers who oppose Supreme Court review": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report about an article written by Fourth Circuit judicial law clerk Aaron Tang titled "The Ethics of Opposing Certiorari Before the Supreme Court."
Posted at 04:46 PM by Howard Bashman


"Remarks made at Penn Law by federal judge are under review; A complaint was lodged against Fifth Circuit Court of Appeals Judge Edith Jones for judicial misconduct": The Daily Pennsylvanian has this report.
Posted at 03:36 PM by Howard Bashman


"Key judge's take on clean-power mandates sparks legal debate": Hannah Northey and Jeremy P. Jacobs of Greenwire have an article that begins, "An influential federal judge splashed fuel last week on an already-raging argument over states' clean energy mandates in a ruling that questioned the constitutionality of Michigan's renewable portfolio standard."
Posted at 03:33 PM by Howard Bashman


"Who Will Care For 'Baby Veronica'?" This audio segment appeared on today's broadcast of NPR's "Tell Me More."
Posted at 02:24 PM by Howard Bashman


"Going Courtless: The NSA searches its mass database of phone records without real judicial oversight; That's unacceptable." William Saletan has this essay online at Slate.
Posted at 01:28 PM by Howard Bashman


"Scalia criticizes 'moralist' judges": The Citizen-Times of Asheville, North Carolina has this news update.
Posted at 01:24 PM by Howard Bashman


"We All Lose When the Supreme Court Procrastinates; Court-watchers thought one of the big decisions would come down Thursday; Instead, almost all the high-profile ones will be handed down next week": Andrew Cohen has this essay online today at The Atlantic.
Posted at 01:12 PM by Howard Bashman


"Another Liberal Writer Realizes Clarence Thomas Is Actually a Principled Legal Conservative": Damon W. Root has this post today at Reason.com's "Hit & Run" blog.
Posted at 01:09 PM by Howard Bashman


"U.S. court upholds radio host's conviction for threats to judges": Nate Raymond of Reuters has this report.

My earlier coverage of today's Second Circuit ruling appears in the post immediately below.
Posted at 01:07 PM by Howard Bashman



"On June 2, 2009, Harold Turner published a blog post declaring that three Seventh Circuit judges deserved to die for their recent decision that the Second Amendment did not apply to the states": So begins the majority opinion that a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today in United States v. Turner.

The final paragraph of the majority opinion's introduction states:

A jury convicted Turner of threatening to assault or murder Judges Frank Easterbrook, William Bauer, and Richard Posner with the intent to impede, intimidate, or interfere with them in the performance of their duties or to retaliate against them on account of their performance of official duties. This appeal presents several issues for our review, including whether the jury's verdict was supported by sufficient evidence of a true threat of violence. We hold that the evidence was sufficient, that the jury was properly instructed regarding a 'true threat,' and that Turner was not prejudiced by any error. We affirm.
Circuit Judge Debra Ann Livingston wrote the majority opinion, in which U.S. District Judge Brian M. Cogan (E.D.N.Y.), sitting by designation, joined.

Circuit Judge Rosemary S. Pooler issued a dissenting opinion, which begins:

I respectfully dissent from the majority's conclusion relating to the sufficiency of the evidence, because I find that, as a matter of law, Turner's speech was not a true threat under 18 U.S.C. sec. 115(a)(1)(B) and the First Amendment.
Although these circumstances -- a three-judge panel's ruling in which two active circuit judges disagree and the deciding vote is provided by a district judge sitting by designation -- ordinarily suggest a good likelihood of rehearing en banc, the fact that this appeal is pending in the Second Circuit (which very rarely grants rehearing en banc) and involves what could be viewed as a distasteful subject matter for judges (i.e., death threats against them) could combine to doom any chance at rehearing en banc in this case.
Posted at 11:28 AM by Howard Bashman


"At U.S. high court, high anxiety over big cases": Joan Biskupic of Reuters has this news analysis.

And online at The Daily Beast, law professor Richard L. Hasen -- author of the "Election Law Blog" -- has an essay titled "What's Taking the Supreme Court So Long? The biggest cases are still to come -- and we should be celebrating this drawn-out finale."
Posted at 10:00 AM by Howard Bashman



"Modified Categorical Imperative": Will Baude has this post today at "PrawfsBlawg."
Posted at 08:32 AM by Howard Bashman


"Top Court Backs Free Speech for Grant Recipients": Jess Bravin has this article today in The Wall Street Journal.

Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court: Anti-prostitution pledge in AIDS law violates free speech; A 2003 US law providing funding to fight AIDS required recipients to explicitly oppose prostitution; The Supreme Court, by a 6-2 margin, rejected the pledge of 'allegiance to the government's policy.'"

On yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court: Provision In AIDS Law Violates Free Speech."

At the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "Constitution Check: Can the government use money to control what private groups say?"

And online at The Nation, law professor David Cole has an essay titled "Supreme Court Delivers a Win for First Amendment Rights."
Posted at 08:30 AM by Howard Bashman



"'Aaron's Law' Would Help Reform Our Awful Computer Crime Laws. Will Congress Pass It?" Justin Peters has this blog post online at Slate.
Posted at 08:10 AM by Howard Bashman


"The Death Penalty's Slow But Seemingly Sure Decline": NPR has this report today.
Posted at 08:07 AM by Howard Bashman


"The judges who preside over America's secret court": John Shiffman and Kristina Cooke of Reuters have a report that begins, "Twelve of the 14 judges who have served this year on the most secret court in America are Republicans and half are former prosecutors."
Posted at 08:04 AM by Howard Bashman


eXTReMe Tracker

From the Law.com Newswire:


Click to open links in new
     windows

Advertise on Legal Blogs

Related Blogs

20 Questions for the
 Appellate Judge


How Appealing Extra

My Appellate Columns
Especially Appealing Blogs

Above the Law

ACSBlog

Adam Smith, Esq.

Althouse

Bag and Baggage

Balkinization

The Becker-Posner Blog

Bench Memos

The BLT: The Blog of Legal Times

Concurring Opinions

Confirm Them

The Confrontation Blog

Copyrights & Campaigns

Crossroads

Discriminations

Dorf on Law

Drug and Device Law

Election Law

Ernie the Attorney

InstaPundit.Com

Jack Bog's Blog

Jeremy Blachman's Brand New Weblog

Law News Now

Legal Theory

Notes from the (Legal) Underground

PrawfsBlawg

Professor Bainbridge.com

Religion Clause

SCOTUSblog

Sentencing Law and Policy

TalkLeft: The Politics of Crime

TaxProf Blog

Threat Level

Throwing Things

tonypierce.com + busblog

The Volokh Conspiracy

Wonkette

Workplace Prof Blog

WSJ.com's Law Blog

Other Links

abcNEWS.com's The Note

The Associated Press Newswire

Best of the Web Today

The Corner

McSweeney's Internet Tendency

Movie Review Query Engine

Obscure Store & Reading Room

The Onion

Overlawyered.com

PointofLaw.com

Salon

Slate

Tapped

Even More Blogs

The 10b-5 Daily

Abstract Appeal

The Agitator

Alas, a blog

AndrewSullivan.com

Anonymous Lawyer

Appellate Law & Practice

Balloon Juice

The Baseball Crank

Beautiful Confusion

Begging The Question

Begging to Differ

Behind the Homefront

Benefitsblog

BenMaller.com

beSpacific

Betsy's Page

Big Picnic

bIPlog

The Bitch Girls

the bitter shack of resentment

The Bleat

Blithering Idiot

The Blog from the Core

Blonde Justice

Blue Mass. Group

Body and Soul

Boing Boing

Braves Journal

Brendan O'Neill

Brian Peterson's Legal Weblog

Brothers Judd Blog

The Buck Stops Here

BuffaloWings&Vodka

Cacciaguida

Calblog

California Insider

Captain Indignant's Fortress of Peevishness

Chicago Boyz

Civil Liberties Watch

Class Maledictorian

Clayton Cramer's BLOG

a clever sheep

ColbyCosh.com

The Comedian

Common Sense and Wonder

Conglomerate

CONTENT / v.3

Copyfight: The politics of IP

Corp Law Blog

Corsair the Rational Pirate

crabwalk.com

Criminal Appeal

CrimLaw

Critical Mass

Crooked Timber

Croooow Blog

Current copyright readings

cut on the bias

DailyPundit.com

Daimnation!

Daniel W. Drezner

Dave Copeland

Deadly Mantis

Dean's World

death by committee

Delaware Law Office

Disputation

The Doc Searls Weblog

Doxagora

Dr. Weevil

Dubyanell Feds

easily distracted

effinchamp

Electrolite

EmoryLaw Student.com: Adam

Eric's Weblog

Eve Tushnet.com

excited utterances

explodedlibrary.info

FalconRed goes to Law School

Final Protective Fire

the fog of warre

for the sake of clarity

Fourth Amendment.com

Froggi's update

Frothing at the Mouth

FurdLog

Gawker

GeekPress

Geodog's MT Weblog

George's Employment Blawg

Gideon's Blog

Grant M Henninger

GreenGourd's Garden

GrepLaw

grrrl meets world

Half the Sins of Mankind

Heh. Indeed.

Hit & Run

HobbsOnline

Hoplites

Hose Monster Blog

HowardOwens.com

Howling Point

HughHewitt.com

Ichiblog

The Importance Of

inappropriate response

Inchoate

In Context

The Indiana Law Blog

infoAnarchy

Insolvent Republic Of Blogistan

Inter Alia

Interrobang

Ipse Dixit

IsThatLegal?

Jens 'n' Frens

Jewish Buddha

Jim Dedman

Joanne Jacobs.com

Joe Gratz's blog

John Scalzi's Whatever

joyfulchristian

Jumping To Conclusions

Kausfiles

Ken Layne

Kieran Healy's Weblog

The Kitchen Cabinet

KittySays

Kiwi Pundit

Kyle Still Free Press

l8r

Law Dork

LawMeme

Lawrence Lessig

Law School UNconfidential

LawSites

Legal Fiction

Legal Ramblings

The Legal Reader

The Leiter Reports: Editorials, News, Updates

Letters of Marque

Lex Communis

Life, Law, Libido

The Light of Reason

The Lincoln Plawg

little green footballs

Log -- David Chess

Lonestar Expat

Lonewacko

Lucpher.com

The Manifest Border

Mansfield Fox

Man Without Qualities

Mark A.R. Kleiman

Marstonalia

Matthew Yglesias

MaxSpeak Weblog

MC Estoppel

Media Dragon

Mellow-Drama

Mercurial

Michael J. Totten

Mirthful Ones

moxie.nu | blog

ms. morality

MyFreePress.com

Natalie Solent

NathanNewman.org

Neal Pollack's The Maelstrom

Nerdlaw.org

The Neutral Zone Trap

nikita demosthenes

Ninomania

No Left Turns

Notes from the (1L) Underground

No Watermelons Allowed

Nuts and Boalts

Off the Kuff

Off the Pine

Oliver Willis

One Fine Jay

One Maven

Open Book

OrinKerr.com

Oscar Jr. Was Here

Outside the Beltway

Overpundit

Overtaken by Events

OxBlog

Oy Vey!

Paper Chase

Parkway Rest Stop

Pathetic Earthlings

Patio Pundit

Patterico's Pontifications

Paul's Boutique

The Perpetual Three-Dot Column

Phillip Coons

PhotoDude.com

PIKER

Political Animal

Political Parrhesia

Political State Report

Power Line

Prince Roy's Realm

Public Defender Dude

Q Daily News

Quare

rabbit blog

Rachel Lucas

Rain Man 2

Random Jottings

Rantophilia

The Rattler

rc3.org

RealityChecker.org

Reason & Liberty

Refference

Regions of Mind

The Remedy

Res Ipsa Loquitur

RiShawn Biddle's The Usual Suspect

The Rittenhouse Review

Robert Fortuno's Weblog

Roger's View

Rory Perry's Weblog

Running With Lawyers

Samizdata.net

Sarah Eve Kelly

Sarah Lai Stirland

sasnaK

A Sassy Lawyer in Philippine Suburbia

Scoobie Davis Online

ScrappleFace

Scripting News

sean.harding

Second Opinions

Second p0st

The Securities Law Beacon

Seeking for Righteousness

Semi-Daily Journal

The Shout

Shouting 'Cross the Potomac

Silflay Hraka

Simone Koo

skippy the bush kangaroo

The Slithery D

Snark Attack

SnarkSpot

Sneaking Suspicions

The Sound And Fury

South Dakota Politics

The Spoons Experience

Sporadic Thoughts

SteveSachs

Stop the Bleating!

sugarmama

Sugar, Mr. Poon?

Sugarpoet.com

superficial intelligence

Supreme Court Blog

Susan Crawford blog

SW Virginia law blog

Taegan Goddard's
Political Wire


taiwanon.com

the talking dog

Talking Points Memo

TarheelPundit

TBOGG

Tech Law Advisor

Terebi II

Texas Law Blog

that abby girl's journal

That Broken Girl

That's News To Me

The Third Branch

Tierney's WeblAG

Tim Blair

Tom Tomorrow

The Trademark Blog

Troppo Armadillo

trr

The Truth Laid Bear

Tutissima Cassis

uggabugga

unbillable hours

UnivAtty

Unqualified Offerings

Uppity-Negro.com

urban nomad

U.S. Supreme Court Blog

UXblog

vigilant.tv

The Ville

Votelaw

vpostrel.com

Waddling Thunder

walterindenver

WampumBlog

WarLiberal.com

The Week in Review

William Burton

Will Work for Favorable Dicta

The Wired GC

WOIFM

Woman of the law

Xrlq's Blog

A Yank in Oz

The Yin Blog

Yourish.com

zonitics.com

#!/usr/bin/geek