How Appealing

Thursday, September 4, 2014

"Jurors sent resounding message but McDonnells have substantial grounds for appeal": The Richmond (Va.) Times-Dispatch has this report.
Posted at 10:45 PM by Howard Bashman


"Appeals Court Will Reconsider Ruling on Cellphone Tracking": Joe Palazzolo has this post today at WSJ.com's "Law Blog."

And at "The Volokh Conspiracy," Orin Kerr has a post titled "Eleventh Circuit grants rehearing en banc in cell-site case."

You can view today's order of the U.S. Court of Appeals for the Eleventh Circuit at this link. And the federal government's petition for rehearing en banc, which the Eleventh Circuit granted today, can be accessed here.
Posted at 10:40 PM by Howard Bashman



Here's something you don't often see -- Opinions concurring in and dissenting from a grant of rehearing en banc: Today the U.S. Court of Appeals for the Ninth Circuit issued an order granting rehearing en banc in Henry v. Ryan.

So why does the PDF file containing the order granting rehearing en banc run 33 pages? Because accompanying that one-page order are an 18-page concurrence and a 14-page dissent.

Circuit Judge Richard C. Tallman's dissent begins, "If one is remembered for the rules one breaks, then our court must be unforgettable." You can access the dissent directly by clicking here.
Posted at 10:14 PM by Howard Bashman



"Pam Bondi doesn't appeal Broward judge's ruling that Florida gay marriage ban is unconstitutional": The Miami Herald has this report.
Posted at 10:00 PM by Howard Bashman


"The Most Interesting Supreme Court Case Coming Up May Be About Beards; The Court recently ruled in favor of religious liberty, but this case may prove more difficult": Kaveh Waddell of National Journal has this report.
Posted at 09:38 PM by Howard Bashman


"Pennsylvania justice urges ban on defender group": The Associated Press has this report.

And P.J. D'Annunzio of The Legal Intelligencer has an article headlined "Castille Again Blasts Federal Defenders." You can freely access the full text of the article via Google News.

Yesterday, Chief Justice Ronald D. Castille of the Supreme Court of Pennsylvania issued this 97-page single justice opinion and this related order.
Posted at 09:30 PM by Howard Bashman



"Appeals Court Agrees Sex Abuse Victims Waited Too Long to Sue Yeshiva University": The New York Times has this news update reporting on a non-precedential ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 09:20 PM by Howard Bashman


"32 states ask Supreme Court to settle gay marriage": The Associated Press has this report.
Posted at 09:16 PM by Howard Bashman


"Catholic confession case: Baton Rouge diocese asks U.S. Supreme Court for review." The Times-Picayune of New Orleans has this report.

You can view the petition for writ of certiorari at this link.
Posted at 09:02 PM by Howard Bashman



"Jonathan Urick to Clerk for U.S. Supreme Court Justice Scalia": The University of Virginia School of Law issued this news release today.
Posted at 06:20 PM by Howard Bashman


"'Obamacare' Challengers Lose Again": Jesse Wegman has this post today at the "Taking Note" blog of The New York Times.
Posted at 03:32 PM by Howard Bashman


"In Keystone pipeline debate, Nebraska high court will have sway": Reuters has this report.
Posted at 03:27 PM by Howard Bashman


Seventh Circuit affirms decisions striking down Indiana and Wisconsin's bans on same-sex marriage: Circuit Judge Richard A. Posner wrote today's opinion on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.

In early news coverage, The Associated Press reports that "Court rules against gay marriage bans in 2 states."

Tim Evans of The Indianapolis Star has a news update headlined "U.S. appeals court: Indiana's same-sex marriage ban unconstitutional."

And Jason Stein of The Milwaukee Journal Sentinel has a news update headlined "Court rules against Wisconsin's, Indiana's gay marriage bans."
Posted at 03:20 PM by Howard Bashman



In the September 2014 issue of California Lawyer magazine: Law professor Douglas W. Kmiec has an article headlined "Recess Is Never Long Enough: Campaign spending; Religious freedom; And a whole lot more."

Law professors Gerald F. Uelmen and Kyle Graham have an article headlined "Sede Vacante at the California Supreme Court: Two departures promise change at the state's highest court."

And William Domnarski has an article headlined "The Urge to Exclaim: The exclamation point is the punctuation equivalent of barking at judges."
Posted at 03:16 PM by Howard Bashman



"State releases investigation on controversial execution; The murderer's botched April 29 execution has attracted both national and international attention and renewed the decades-old debate over the death penalty": The Oklahoman has this news update.

The Tulsa World has a news update headlined "IV errors, lack of training cited in Oklahoma botched execution report."

And Erik Eckholm of The New York Times has a news update headlined "IV Line Misplaced in Bungled Oklahoma Execution, Report Says."

You can access the report released today at this link.
Posted at 01:35 PM by Howard Bashman



"Four Specific Problems with the New General Jurisdiction": Law professor Richard D. Freer has posted this interesting article online at SSRN (via "Legal Theory Blog").
Posted at 11:45 AM by Howard Bashman


"Can politicians lie? Court will decide; For better or worse, political campaigns in Ohio could be vastly different come November if a federal judge decides that the state's 19-year-old ban on political lies is unconstitutional." Amber Hunt has this article in today's edition of The Cincinnati Enquirer.
Posted at 11:40 AM by Howard Bashman


"Will Textualism Kill Obamacare?" Jeffrey Toobin had this daily comment online yesterday at The New Yorker.

And C-SPAN has posted online the video of "Q&A with Judge Robert Katzmann: Judge Robert Katzmann talked about his book, Judging Statutes, which explores his views on federal judges' interpretations of the the laws passed by Congress."
Posted at 10:30 AM by Howard Bashman



"The Alitomayor Effect": Law professor Laurence Tribe has this essay online at Politico Magazine.
Posted at 10:22 AM by Howard Bashman


"Judge in Louisiana gay marriage case breaks -- and rejects -- streak for same-sex wedding supporters": Andy Grimm of The Times-Picayune of New Orleans has this report.

In today's edition of The New York Times, Campbell Robertson has an article headlined "Federal Judge, Bucking Trend, Affirms Ban on Same-Sex Marriages in Louisiana."

And from National Public Radio, today's broadcast of "Morning Edition" contained an audio segment titled "Federal Judge Upholds Louisiana's Ban On Gay Marriage." And yesterday evening's broadcast of "All Things Considered" contained an audio segment titled "Federal Court Deals A Victory For Opponents Of Same-Sex Marriage."
Posted at 10:15 AM by Howard Bashman



"'Matthew McConaughey' of Indiana Bar needs to put on socks, law professor says": Tim Evans has this front page article in today's edition of The Indianapolis Star.
Posted at 10:07 AM by Howard Bashman


D.C. Circuit grants rehearing en banc in Halbig v. Burwell: You can access today's order of the U.S. Court of Appeals for the D.C. Circuit at this link.

In early coverage, Brent Kendall of The Wall Street Journal has a news update headlined "Appeals Court to Revisit Ruling Limiting Health Law Subsidies; Original Ruling Invalidated Key Plank of Health Care Law in Many States."

Richard Wolf of USA Today reports that "Obamacare gets second chance at federal appeals court."

Tom Howell Jr. of The Washington Times has a news update headlined "Full D.C. Court of Appeals to hear critical Obamacare case."

Mark Sherman of The Associated Press reports that "Court grants Obama plea to re-hear health case."

Lawrence Hurley of Reuters reports that "U.S. appeals court to reconsider Obamacare subsidies case."

Andrew Zajac and Greg Stohr of Bloomberg News report that "Obamacare Tax Rule Gets Rehearing by Full Appeals Court."

Politico.com reports that "Full appeals court to rehear Obamacare case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Full D.C. Circuit will rule on health care subsidies."
Posted at 09:58 AM by Howard Bashman



"The Slippery Slope of Religious Accommodation and How RFRA Is Teaching Legislators to Deny Accommodations in the First Place": Law professor Marci A. Hamilton has this essay online today at Justia's Verdict.
Posted at 08:33 AM by Howard Bashman


"Lawyer embroiled in 'Merry Christmas' flap and ex-Gov. Cuomo employee and donor on short list for top NYS court judgeship": The New York Daily News has this blog post.
Posted at 08:32 AM by Howard Bashman


"Punish lawmakers over school funding? State high court hears McCleary arguments." This front page article appears in today's edition of The Olympian of Olympia, Washington.

And today's edition of The Seattle Times contains a front page article headlined "Court hears arguments in McCleary school-funding case; Washington state's Supreme Court questioned Wednesday why it shouldn't hold state lawmakers in contempt for not fully funding K-12 education."
Posted at 08:30 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

Josh Blackman's Blog

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