How Appealing

Tuesday, July 10, 2012

Programming note: On Wednesday morning, I will be in Washington, DC at The Heritage Foundation to serve as one of the panelists for the program titled "Scholars & Scribes Review the Rulings: The Supreme Court's 2011-2012 Term."

I'll be a panelist during the second hour of the program, together with David G. Savage of The Los Angeles Times and Mark Sherman of The Associated Press. And you don't want to miss the program's first hour, featuring as panelists Solicitor General Donald B. Verrilli, Jr.; law professor Richard A. Epstein; and attorney Michael Carvin.

The event can be viewed live, online at The Heritage Foundation's web site via this link. In addition, C-SPAN is planning to televise the event.

Additional posts will appear here Wednesday afternoon.
Posted at 10:44 PM by Howard Bashman

"Putting law over politics on Supreme Court": Law professors Douglas W. Kmiec and Barry McDonald have this essay online at
Posted at 10:25 PM by Howard Bashman

"Easton teen's life sentence for gang killing to be argued; Easton teen is serving life without parole for killing another teen when he was 14": The Morning Call of Allentown, Pennsylvania has a news update that begins, "The Supreme Court of Pennsylvania took the first step in vacating an Easton teen's mandatory life sentence for murder two weeks after the nation's highest court ruled such punishment unconstitutional."

You can access yesterday's order of the Supreme Court of Pennsylvania at this link.
Posted at 10:20 PM by Howard Bashman

"Senator Scott Brown makes new push for 'Stolen Valor Act,' after Supreme Court strikes down similar law": The Boston Globe has this news update.

And Bill Mears of reports that "Lawmakers promote revised 'stolen valor' law."
Posted at 10:12 PM by Howard Bashman

"Marc Morial, Cedric Richmond ask Justice to block effort to keep Bernette Johnson from becoming chief justice": The Times-Picayune of New Orleans has an article that begins, "The Justice Department should stop the Louisiana Supreme Court from denying Justice Bernette Johnson her rightful place as chief justice, according to a letter sent Monday to the chief of the voting section of the Civil Rights Division on behalf of Urban League President and former New Orleans Mayor Marc Morial, Rep. Cedric Richmond, D-New Orleans, Sen. Karen Cater Peterson, D-New Orleans, and 10 other prominent African American leaders."
Posted at 10:06 PM by Howard Bashman

"Which cable network shut down SCOTUSblog?" Erik Wemple has this blog post online at The Washington Post.

And online at The New Yorker, Amy Davidson has a blog post titled "Six Lessons from SCOTUSblog (and for Life)."
Posted at 09:35 PM by Howard Bashman

"Stop-and-Frisk May Soon Hit Judicial Roadblocks": This article will appear Wednesday in The New York Times.
Posted at 09:33 PM by Howard Bashman

"Laurence Tribe Foresaw Obamacare Tax Holding": At YouTube, the user "ConstitutionalJedi" has posted online this two-part video (part one; part two).
Posted at 08:46 PM by Howard Bashman

"Texas switches to 1-drug execution due to shortage": The Associated Press has this report.
Posted at 08:42 PM by Howard Bashman

"Who Reported It First? Who Cares?" Amy Sullivan has this blog post online at The New Republic.
Posted at 06:14 PM by Howard Bashman

A Ninth Circuit win for TASER in strict liability and negligent failure to warn lawsuit: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:25 PM by Howard Bashman

"Has SCOTUS OK'd campaign dirty tricks?" Law professor Richard L. Hasen, author of the "Election Law Blog," has this op-ed at
Posted at 12:08 PM by Howard Bashman

"The Supreme Court's Other Bogus Ruling: Does lying serve a useful social purpose? Is it a protected form of speech?" Law professor Richard A. Epstein has this essay today at the "Defining Ideas" site of the Hoover Institution.
Posted at 11:20 AM by Howard Bashman

Second Circuit affirms invalidation of New York City Board of Health resolution requiring all tobacco retailers to display signs bearing graphic images showing certain adverse health effects of smoking: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.

Update: In early news coverage, Reuters reports that "New York cannot require graphic anti-smoking displays."

And The Associated Press has a report headlined "Court: NY can't scare smokers with gruesome images."
Posted at 11:08 AM by Howard Bashman

"Court upholds key tort reform provision": Bill Rankin has this article today in The Atlanta Journal-Constitution.

You can access yesterday's ruling of the Supreme Court of Georgia at this link.
Posted at 11:02 AM by Howard Bashman

"A taxing discussion: Part II of a dialogue on health care." Attorney Robert N. Weiner has this essay online at The National Law Journal.
Posted at 10:17 AM by Howard Bashman

"Chief Justice Roberts and the Changing Conservative Legal Movement: The clash between Chief Justice Roberts' opinion and that of the joint dissenters is best seen as a clash between two visions of judicial restraint, and two eras of the conservative legal movement." Joel Alicea has this post online at "Public Discourse."
Posted at 10:14 AM by Howard Bashman

"The Unfortunate Politicization of Judicial Confirmation Hearings: While the confirmation process of judiciary candidates becomes partisan and trivial, the administration of justice goes unattended." Senior Second Circuit Judge John M. Walker Jr. has this essay online at The Atlantic.
Posted at 10:06 AM by Howard Bashman

"The Supreme Court Stakes in 2012: The replacement of a single conservative justice by President Obama in a second term would turn the court sharply to the left." Clint Bolick has this op-ed today in The Wall Street Journal.
Posted at 09:14 AM by Howard Bashman

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