How Appealing

Monday, June 30, 2014

"Americans Losing Confidence in All Branches of U.S. Gov't; Confidence hits six-year low for presidency; record lows for Supreme Court, Congress": Gallup issued this news release today.
Posted at 10:40 PM by Howard Bashman

"The Trap in the Supreme Court's 'Narrow' Decisions": Jeffrey Toobin has this blog post online today at The New Yorker.
Posted at 10:15 PM by Howard Bashman

"Court: Bat maker not liable for pitcher's injuries." The Associated Press has this report on a non-precedential ruling that a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued today.
Posted at 10:04 PM by Howard Bashman

"Court: Teen in Mexico shot by US agent had rights." The Associated Press has a report that begins, "A U.S. appeals court says a Mexican teenager killed by a Border Patrol agent was protected by the U.S. Constitution even though he was on Mexican soil."

Earlier, The San Antonio Express-News reported on the lawsuit in a blog post titled "Family of Juarez teen sues agent."

You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 09:57 PM by Howard Bashman

"Abu Ghraib torture suit against contractor revived by federal court; Four Iraqis win an appeal in federal court for their case that contractor CACI International Inc directed and engaged in torture": Spencer Ackerman of The Guardian (UK) has this report.

Jonathan Stempel of Reuters reports that "Abu Ghraib torture lawsuit revived by U.S. appeals court."

And The Associated Press reports that "Appeals court revives Abu Ghraib torture lawsuit."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 09:30 PM by Howard Bashman

"Sanctions Against Death Penalty Lawyer Nixed": Courthouse News Service has a report that begins, "An attorney who criticized [Criminal Justice Act] payment delays and budget constraints was not trying to 'extort' a federal court and is likely not part of a coordinated plan to wear down enthusiasm for the death penalty, the 9th Circuit ruled Monday."

You can access today's interesting ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:50 PM by Howard Bashman

"The Absolutist: Ted Cruz is an unyielding debater -- and the far right's most formidable advocate." Jeffrey Toobin has this profile of U.S. Senator Ted Cruz (R-TX) in the June 30, 2014 issue of The New Yorker.
Posted at 08:30 PM by Howard Bashman

"U.S. appeals court blocks lawsuits over Darvon, Darvocet painkillers": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued last Friday.
Posted at 08:07 PM by Howard Bashman

"Fault lines re-emerge in U.S. Supreme Court at end of term": Joan Biskupic of Reuters has this report.
Posted at 07:58 PM by Howard Bashman

"Supreme Court Ruling Allows Some Public Workers to Opt Out of Union Fees": Steven Greenhouse will have this article in Tuesday's edition of The New York Times.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court: Home health-care workers can't be required to pay union fees."

David G. Savage and Timothy M. Phelps of The Los Angeles Times have a news update headlined "Supreme Court deals unions a limited hit in home-care workers case."

Stephanie Hagan of McClatchy Washington Bureau reports that "Supreme Court limits who must pay public-sector union fees."

Stephen Dinan of The Washington Times reports that "Supreme Court ruling dents public sector labor unions."

Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court: Quasi-public workers can't be forced to pay union dues."

Greg Stohr and Andrew Harris of Bloomberg News report that "Mandatory Union Fees Curbed by High Court in Blow to Labor."

Amanda Becker and Lawrence Hurley of Reuters report that "U.S. top court lets some public employees avoid union dues."

At "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: A ruling inviting a plea to overrule."

And at the "School Law" blog of Education Week, Mark Walsh and Lauren Camera have a post titled "Narrow Supreme Court Ruling Has Public Unions' Nonmember Fees on Thin Ice."
Posted at 07:44 PM by Howard Bashman

"On the Next Docket: How the First Amendment Applies to Social Media." Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 07:30 PM by Howard Bashman

In commentary from law professor Noah Feldman: Online at Bloomberg View, he has essays titled "Supreme Court Keeps the Faith in Hobby Lobby" and "Court Doesn't Kill Unions. Yet."
Posted at 06:15 PM by Howard Bashman

"Hobby Lobby Win Could Spell Trouble For Religious Nonprofits": Laura Bassett and Ryan J. Reilly of The Huffington Post have this report.
Posted at 06:09 PM by Howard Bashman

All that's missing from Federal Circuit Judge Randall R. Rader's goodbye letter is his paean to appellate law bloggers: As the letter shows, now that he's formally left the building, he can publicly sing the praises of even more attorneys in private practice as "legends of reason and persuasion."
Posted at 05:08 PM by Howard Bashman

"Eleventh Circuit Injunction Against Accommodation": Ed Whelan has this post today at National Review Online's "Bench Memos" blog about an order, accompanied by a lengthy specially concurring opinion by Circuit Judge William H. Pryor, Jr., that the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 05:02 PM by Howard Bashman

"Justice Ginsburg on Law -- and Opera": Jess Bravin has this post today at's "Law Blog."
Posted at 02:28 PM by Howard Bashman

"Supreme Court Rejects Contraceptives Mandate for Some Corporations; Justices Rule in Favor of Hobby Lobby": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court sides with employers over birth control mandate."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court rules on contraceptives; setback for Obama healthcare law."

Richard Wolf of USA Today reports that "Justices rule for Hobby Lobby on contraception mandate."

Stephanie Haven of McClatchy Washington Bureau reports that "Supreme Court says some businesses don't have to follow birth control coverage mandate."

Tom Howell Jr. of The Washington Times has a news update headlined "Hobby Lobby stunner: Supreme Court issues long-awaited ruling in birth-control dispute."

Chris Casteel of The Oklahoman reports that "Supreme Court sides with Hobby Lobby."

Lancaster Online reports that "Conestoga Wood Specialties wins in Supreme Court religious freedom appeal."

Jeremy Roebuck of The Philadelphia Inquirer has a news update headlined "High court: Certain firms can deny contraception coverage."

Greg Stohr of Bloomberg News reports that "Obama Contraceptive Insurance Rule Narrowed by Supreme Court."

Lawrence Hurley of Reuters reports that "U.S. justices uphold firms' religious objections to contraception."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: Does the new religious exemption go far enough?"
Posted at 02:14 PM by Howard Bashman

"Anthony Kennedy speaks about history, civics, flag burning and emerging issues": Dan Morain had this article in yesterday's issue of The Sacramento Bee.
Posted at 12:40 PM by Howard Bashman

Access online today's rulings of the U.S. Supreme Court in the two remaining undecided argued cases: 1. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Harris v. Quinn, No. 11-681. Justice Elena Kagan issued a dissenting opinion, in which Justices Ruth Bader Ginsburg, Stephen G. Breyer, and Sonia Sotomayor joined. You can access the oral argument via this link.

2. And Justice Alito also delivered the opinion of the Court in Burwell v. Hobby Lobby Stores, Inc., No. 13-354. Justice Anthony M. Kennedy issued a concurring opinion. Justice Ginsburg issued a dissenting opinion, in which Justice Sotomayor joined in full and Justices Breyer and Kagan joined in part. And Justices Breyer and Kagan also jointly filed a dissenting opinion. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "Justices: Can't make employers cover contraception" and "Court: Public union can't make nonmembers pay fees."
Posted at 10:06 AM by Howard Bashman

"Unions Fear This SCOTUS Case Could Bring Their 'Final Destruction'": Sahil Kapur of TPM DC has this report.
Posted at 09:58 AM by Howard Bashman

"Same-sex marriage +1: Judges take cue from justices." Bill Mears of has this report.

And The Associated Press recently reported that "Federal judge from Santa Fe breaks streak of gay marriage unanimity."
Posted at 09:40 AM by Howard Bashman

Access online today's Order List of the U.S. Supreme Court: The Court has posted its Order List at this link. The Court granted review in five new cases. And the Court called for the views of the Solicitor General in one case.

In addition, Justice Samuel A. Alito, Jr. issued a statement respecting the denial of certiorari before judgment in Mount Soledad Memorial Ass'n v. Trunk, No. 13-1061.

In early news coverage, The Associated Press reports that "Court weighs government duty to settle bias claims"; "High court stays out of Mt. Soledad cross dispute"; "High court rejects Google appeal in snooping case"; "Court won't weigh Sept 11 claims vs. bin Laden kin"; "High court turns down California oyster farm"; "Court rejects Arab Bank's plea in terrorism suits"; and "Court won't allow Madoff trustee to sue banks."
Posted at 09:33 AM by Howard Bashman

"Court set to rule on Obamacare contraception mandate": Bill Mears of has this report.

And Sahil Kapur of TPM DC has a report headlined "Hobby Lobby: Supreme Court To Rule In Landmark Birth Control Case."
Posted at 09:28 AM by Howard Bashman

Fifth Circuit refuses to recognize exception to federal criminal prohibition for lying to congressional "subcommittee": The Times-Picayune of New Orleans reports that "Ex-BP executive can be charged with lying to Congress, court rules."

And Jonathan Stempel of Reuters reports that "Ex-BP executive can be charged with obstructing Congress: U.S. court."

You can access Friday's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 07:21 AM by Howard Bashman

Full access to "How Appealing" has been restored: I am pleased to report that full access to this blog has been restored in plenty of time ahead of the U.S. Supreme Court's issuance of this morning's final two rulings in argued cases.

Unfortunately, the third-party company that hosts this blog's online content did not provide sufficient notice either to me or to that the site's DNS location would be changing effective first-thing Saturday morning. As a result, this site was unavailable online to most users all of Saturday and Sunday. Happily, has already implemented the required fix on its end, which is why things are back up and running early today.
Posted at 07:14 AM by Howard Bashman

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