How Appealing

Tuesday, August 26, 2014

"Supreme Court social media rap-lyrics case brings Eminem into the fold; When does online speech become a 'true threat' unprotected by the US Constitution?" David Kravets of Ars Technica had this report yesterday.

You can view the merits brief for appellant filed last week in the U.S. Supreme Court in Elonis v. United States at this link.
Posted at 09:08 PM by Howard Bashman

"Indefensible: Why Khalid Sheikh Mohammed's lawyer is leaving the defense team -- and the Army." Gabriel Urza has this jurisprudence essay online today at Slate.
Posted at 08:46 PM by Howard Bashman

"Nice Try, Obama -- The president's latest accommodation to the contraception mandate has one problem: Religious employers won't go for it." Emily Bazelon has this jurisprudence essay online today at Slate.
Posted at 08:44 PM by Howard Bashman

"How the Supreme Court Protects Bad Cops": Erwin Chemerinsky will have this op-ed in Wednesday's edition of The New York Times.
Posted at 08:33 PM by Howard Bashman

"Federal appeals court says groups can sue over Blair Mountain": Paul J. Nyden of The Charleston (W. Va.) Gazette has this news update.

Reuters reports that "U.S. court rules for groups defending historic site from coal mining."

And The Hill has a report headlined "Court: Greens can sue to protect coal labor battle site."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 08:17 PM by Howard Bashman

"Appellate court to hear arguments on island for first time in 12 years": The Pacific Daily News of Guam has this report.

You can click here to learn the identities of the three judges who are making the very lengthy flight to Guam to hear a total of 90 minutes worth of oral arguments.
Posted at 08:04 PM by Howard Bashman

In the September 2014 issue of ABA Journal magazine: Mark Walsh has an article headlined "Home-care aides don't owe union fees, but court stops short of overruling a key precedent."

And the new installment of Bryan A. Garner's "On Words" column is headlined "Stop: Before you hit 'send' . . . ."
Posted at 07:54 PM by Howard Bashman

"Gripes About Federal Bench: Banal to Bizarre; Peek into 11th Circuit misconduct file shows many complaints, no discipline." Alyson M. Palmer will have this article in Wednesday's edition of The Fulton County Daily Report.

You can freely access the full text of the article via Google News.
Posted at 07:48 PM by Howard Bashman

"Thousands of Electronic Case Files Lost in Transition": Today at's "Law Blog," Joe Palazzolo has a post that begins, "The federal judiciary has ditched years of electronic court documents, as part of a migration to a new system, a courts spokeswoman said."

The official announcement of the news -- which will affect electronic access to certain case files of four federal appellate courts -- can be accessed here.

Update: In other coverage, Joe Mullin of Ars Technica reports that "US courts trash a decade's worth of online documents, shrug it off; For pre-2010 documents in three appeals courts, you'll have to go in person."
Posted at 05:16 PM by Howard Bashman

"U.S. Supreme Court expert joins legal team fighting Oklahoma's same-sex marriage ban; Stanford University's Jeffrey L. Fisher will be lead counsel for the Tulsa County couple at the center of Oklahoma's same-sex marriage case": Chris Casteel of The Oklahoman has this report.
Posted at 05:10 PM by Howard Bashman

"Birmingham attorney Donald Watkins tells U.S. Supreme Court Chief Justice that federal judge Mark Fuller should be removed from bench": The Birmingham News has this update.

And last Thursday, the Editorial Board posted online an editorial titled "Personal failings should lead federal judge to resign."
Posted at 05:02 PM by Howard Bashman

Access online the audio from today's Seventh Circuit oral argument in the Indiana same-sex marriage case: Via this link (17.7 MB mp3 audio file). Update: The oral argument in the Wisconsin same-sex marriage case can now be accessed via this link (22.8 MB mp3 audio file).

In early coverage, Jill Disis and Tim Evans of The Indianapolis Star have a news update headlined "Judges quiz state about gay marriage ban's impact on kids."

Patrick Marley of The Milwaukee Journal Sentinel has a news update headlined "Court calls Wisconsin, Indiana gay marriage bans into question."

And Michael Tarm of The Associated Press reports that "Judges blast Indiana, Wisconsin gay marriage bans."

Update: In other coverage, Reuters reports that "U.S. appeals court challenges states on gay marriage bans."

Bloomberg News has this updated report.

And Chris Geidner of BuzzFeed reports that "Indiana, Wisconsin Lawyers Get Tough Questions Over States' Marriage Bans; The three 7th Circuit Court of Appeals judges appeared ready to strike down Indiana's law and Wisconsin's constitutional amendment banning same-sex couples from marrying."
Posted at 01:15 PM by Howard Bashman

"Philip Morris Loses Bid to Toss Military Contract Litigation": Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.

And in other coverage, Lawrence Hurley of Reuters reports that "Philip Morris ordered to defend fraud suit over U.S. military vendors."
Posted at 12:55 PM by Howard Bashman

"Same-sex marriage case: A look at the dueling attorneys." Tim Evans of The Indianapolis Star has this report.

Patrick Marley and Dana Ferguson of The Milwaukee Journal Sentinel previewed today's oral argument in an article headlined "Federal court to take up gay marriage bans in Wisconsin, Indiana."

And Bloomberg News reports that "Wisconsin, Indiana Join Rush for Same-Sex Marriage Review."
Posted at 12:51 PM by Howard Bashman

"New plea to limit gun rights in D.C." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 11:14 AM by Howard Bashman

"Crowds line up to hear federal gay marriage appeal": The Associated Press has this report from Chicago.

When the U.S. Court of Appeals for the Seventh Circuit posts online the audio of today's oral arguments, I will link to it.
Posted at 11:12 AM by Howard Bashman

"We decline to rule that Strickland requires an appellate attorney to read advance sheets and consider newly-decided cases in the weeks or months after a direct appeal is fully briefed, argued, and submitted for decision." So rules the U.S. Court of Appeals for the Eighth Circuit in a decision issued today rejecting a claim of ineffective assistance of appellate counsel in a criminal case.
Posted at 11:09 AM by Howard Bashman

Received in yesterday's mail: An advance review copy of the forthcoming book "Judging Statutes," by Robert A. Katzmann. The book's author currently serves as Chief Judge of the U.S. Court of Appeals for the Second Circuit.

The book's announced on-sale date is September 11, 2014. According to the publisher's web page, the book "[o]ffers a powerful challenge to Antonin Scalia's textualist approach" and presents "[a] spirited and compelling defense of why judges must look at the legislative record behind a law -- and not merely the statute itself."
Posted at 10:30 AM by Howard Bashman

"Indiana, Wisconsin couples in gay marriage case": The Associated Press has this report.

The three-judge Seventh Circuit panel assigned to hear and decide these cases, being orally argued today, consists of Circuit Judges Richard A. Posner, Ann Claire Williams. and David F. Hamilton.
Posted at 09:51 AM by Howard Bashman

"Republican Lawyers' Latest Sneak Attack on Obamacare Is Their Most Brazen Yet": Simon Lazarus has this essay online at The New Republic.

Last week at the "Balkinization" blog, Rob Weiner had a post titled "Taking Liberties with the Last Word."

And in response, at "The Volokh Conspiracy," Jonathan H. Adler had a post titled "Taking liberties with law and word -- a surreply to Rob Weiner."
Posted at 08:44 AM by Howard Bashman

"The Witness: For more than a decade, it was Michelle Lyons's job to observe the final moments of death row inmates -- but watching 278 executions did not come without a cost." Pamela Colloff will have this article in the September 2014 issue of Texas Monthly.
Posted at 08:40 AM by Howard Bashman

"Journalists, ACLU file federal lawsuit over botched Oklahoma execution; A group of international and local journalists are suing the Oklahoma Corrections Department, alleging the closing of the blinds during the botched execution of Clayton Lockett violated the public's First Amendment rights": Graham Lee Brewer has this article in today's edition of The Oklahoman.

The Guardian (UK) reports that "ACLU challenges Oklahoma over first amendment violation in execution; The Guardian and the Oklahoma Observer join ACLU in arguing the state acted unconstitutionally by drawing a screen during Clayton Lockett execution."

The Oklahoma Observer reports that "Lawsuit Seeks Uncensored Access To Executions."

And The Associated Press reports that "News media sue over Oklahoma execution procedures."

Yesterday, the ACLU issued this news release and posted online the complaint initiating suit.
Posted at 08:25 AM by Howard Bashman

eXTReMe Tracker

From the Newswire:

Click to open links in new

Advertise on Legal Blogs

Related Blogs

20 Questions for the
 Appellate Judge

How Appealing Extra

My Appellate Columns
Especially Appealing Blogs

Above the Law


Adam Smith, Esq.


Bag and Baggage


The Becker-Posner Blog

Bench Memos

The BLT: The Blog of Legal Times

Concurring Opinions

Confirm Them

The Confrontation Blog

Copyrights & Campaigns



Dorf on Law

Drug and Device Law

Election Law

Ernie the Attorney


Josh Blackman's Blog

Law News Now

Legal Theory

Notes from the (Legal) Underground



Religion Clause


Sentencing Law and Policy

TalkLeft: The Politics of Crime

TaxProf Blog

Threat Level

Throwing Things + busblog

The Volokh Conspiracy


Workplace Prof Blog's Law Blog

Other Links'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




Even More Blogs

The 10b-5 Daily

Abstract Appeal

The Agitator

Alas, a blog

Anonymous Lawyer

Appellate Law & Practice

Balloon Juice

The Baseball Crank

Beautiful Confusion

Begging The Question

Begging to Differ

Behind the Homefront



Betsy's Page

Big Picnic


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




California Insider

Captain Indignant's Fortress of Peevishness

Chicago Boyz

Civil Liberties Watch

Class Maledictorian

Clayton Cramer's BLOG

a clever sheep

The Comedian

Common Sense and Wonder



Copyfight: The politics of IP

Corp Law Blog

Corsair the Rational Pirate

Criminal Appeal


Critical Mass

Crooked Timber

Croooow Blog

Current copyright readings

cut on the bias


Daniel W. Drezner

Dave Copeland

Deadly Mantis

Dean's World

death by committee

Delaware Law Office


The Doc Searls Weblog


Dr. Weevil

Dubyanell Feds

easily distracted



EmoryLaw Adam

Eric's Weblog


excited utterances

FalconRed goes to Law School

Final Protective Fire

the fog of warre

for the sake of clarity


Froggi's update

Frothing at the Mouth




Geodog's MT Weblog

George's Employment Blawg

Gideon's Blog

Grant M Henninger

GreenGourd's Garden


grrrl meets world

Half the Sins of Mankind

Heh. Indeed.

Hit & Run



Hose Monster Blog

Howling Point


The Importance Of

inappropriate response


In Context

The Indiana Law Blog


Insolvent Republic Of Blogistan

Inter Alia


Ipse Dixit


Jens 'n' Frens

Jewish Buddha

Jim Dedman


Joe Gratz's blog

John Scalzi's Whatever


Jumping To Conclusions


Ken Layne

Kieran Healy's Weblog

The Kitchen Cabinet


Kiwi Pundit

Kyle Still Free Press


Law Dork


Lawrence Lessig

Law School UNconfidential


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


The Manifest Border

Mansfield Fox

Man Without Qualities

Mark A.R. Kleiman


Matthew Yglesias

MaxSpeak Weblog

MC Estoppel

Media Dragon



Michael J. Totten

Mirthful Ones | blog

ms. morality

Natalie Solent

Neal Pollack's The Maelstrom

The Neutral Zone Trap

nikita demosthenes


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

Oscar Jr. Was Here

Outside the Beltway


Overtaken by Events


Oy Vey!

Paper Chase

Parkway Rest Stop

Pathetic Earthlings

Patio Pundit

Patterico's Pontifications

Paul's Boutique

The Perpetual Three-Dot Column

Phillip Coons


Political Animal

Political Parrhesia

Political State Report

Power Line

Prince Roy's Realm

Public Defender Dude

Q Daily News


rabbit blog

Rachel Lucas

Rain Man 2

Random Jottings


The Rattler

Reason & Liberty


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

Sarah Eve Kelly

Sarah Lai Stirland


A Sassy Lawyer in Philippine Suburbia

Scoobie Davis Online


Scripting News


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


Sneaking Suspicions

The Sound And Fury

South Dakota Politics

The Spoons Experience

Sporadic Thoughts


Stop the Bleating!


Sugar, Mr. Poon?

superficial intelligence

Supreme Court Blog

Susan Crawford blog

SW Virginia law blog

Taegan Goddard's
Political Wire

the talking dog

Talking Points Memo



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


The Truth Laid Bear

Tutissima Cassis


unbillable hours


Unqualified Offerings

urban nomad

U.S. Supreme Court Blog


The Ville


Waddling Thunder



The Week in Review

William Burton

Will Work for Favorable Dicta

The Wired GC


Woman of the law

Xrlq's Blog

A Yank in Oz

The Yin Blog