How Appealing

Friday, October 2, 2009

"The State of Guns: The Supreme Court is again poised to decide a historic Second Amendment question." This editorial appears today in The Washington Post.
Posted at 11:35 PM by Howard Bashman

"Newer Justices Could Transform Supreme Court": Robert Barnes of The Washington Post has this news update.
Posted at 11:15 PM by Howard Bashman

"Judge sorry for allowing cameras into federal courtroom": The News-Gazette of Champaign, Illinois today contains an article that begins, "U.S. District Judge Joe Billy McDade has apologized for allowing cameras to record a Champaign schools consent decree hearing in September. McDade issued the written apology after Judge Frank Easterbrook, chief judge of the 7th Circuit, chided McDade in a written opinion for allowing video and still photography and live broadcasting of a Sept. 15 fairness hearing over the Champaign school district's consent decree." (Via's "Law Blog.")

The Judicial Council of the Seventh Circuit has posted online this order and this memorandum by Chief Judge Frank H. Easterbrook and this letter of apology from U.S. District Judge Joe Billy McDade of the Central District of Illinois.
Posted at 08:54 PM by Howard Bashman

"Do Women Make Better Judges? Asked and answered--with data." Stephen Choi, Mitu Gulati, Mirya Holman, and Eric Posner have this jurisprudence essay online at Slate.

A more in-depth explanation of their findings can be found in their paper titled "Judging Women" posted at SSRN (via "The Volokh Conspiracy").
Posted at 05:33 PM by Howard Bashman

"Experts: NJ voting buffer zone ruling won't stand." The Associated Press has this report.

My earlier coverage of Wednesday's Supreme Court of New Jersey ruling can be accessed here.
Posted at 05:10 PM by Howard Bashman

"Obama begins to overhaul key US appeals court": The Associated Press has a report about the U.S. Court of Appeals for the Fourth Circuit that begins, "President Barack Obama has begun reshaping the nation's most conservative federal appeals court, one that has handled many high-profile terrorism and detainee cases and generally supported the anti-terrorism initiatives of former President George W. Bush."

And a related AP report is headlined "Obama moving slowly on judges."
Posted at 02:08 PM by Howard Bashman

"Appeals Court: Guard Can Be Sued Over Shackled Inmate In Labor." The Associated Press has a report that begins, "A federal appeals court has ruled that a jail guard can be sued by a prisoner who was shackled while in labor, but also found that the Correction Department director is immune from the suit."

By its use of the term "in labor," The AP means that a female prisoner was forced to remain shackled while giving birth to a child.

You can access today's ruling of the en banc U.S. Court of Appeals for the Eighth Circuit at this link. The en banc court divided 6-5 on the aspect of the decision that allows the lawsuit against the guard to proceed.
Posted at 01:58 PM by Howard Bashman

"All Eyes on Sunday's Red Mass, Unofficial Start of Supreme Court Season": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 12:00 PM by Howard Bashman

"Allergan suing FDA over off-label policy": The Associated Press has a report that begins, "Allergan Inc., the maker of the Botox wrinkle treatment, challenged the government's ban on off-label drug marketing to doctors, saying it violates the company's right to freedom of speech."

According to The AP's report, "Allergan is represented in its lawsuit by Paul D. Clement, a partner at King & Spalding LLP in Washington, D.C., and formerly the Solicitor General of the United States."

Allergan, Inc. issued this news release about the lawsuit yesterday.
Posted at 11:55 AM by Howard Bashman

"Court to hear case on material support for terrorists": Tony Mauro has this report online at the First Amendment Center.
Posted at 11:15 AM by Howard Bashman

The U.S. Department of Justice has a new web site: You can access the new web site at this link, while a blog post announcing the new web site can be accessed here.
Posted at 10:58 AM by Howard Bashman

Divided three-judge Sixth Circuit panel affirms the dismissal of antitrust lawsuit brought by travel agencies alleging that major airlines had conspired to reduce, cap, and eventually eliminate the payment of base commissions to drive plaintiffs out of business: You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 10:52 AM by Howard Bashman

"German court says Demjanjuk trial can go ahead": The Associated Press has this report.
Posted at 10:48 AM by Howard Bashman

"Benched: Why the Supreme Court is irrelevant." Law professor Barry Friedman has this article online at The New Republic.

And for another recent mention of Barry Friedman here at "How Appealing," see this post from last Sunday.
Posted at 10:37 AM by Howard Bashman

"NJ court reinstates ban on voting site exit polls": The Associated Press has a report that begins, "The New Jersey Supreme Court has reinstated a ban on exit polls, surveys taken of people as they leave their voting places."

You can access Wednesday's ruling of the Supreme Court of New Jersey at this link.
Posted at 08:35 AM by Howard Bashman

"N.J. Supreme Court Likely to Ease, Not Lift, Ban on Comparative Lawyer Advertising": has this report.
Posted at 08:27 AM by Howard Bashman

"High court prods panel in Sanford ethics case; Justices want more arguments about releasing report on governor": The State of Columbia, South Carolina today contains an article that begins, "The S.C. Supreme Court has asked a state ethics panel to submit arguments by noon Monday on whether it can release a preliminary investigation of Gov. Mark Sanford to lawmakers."
Posted at 08:17 AM by Howard Bashman

"Red Mass: lobbying high court or simple prayer service?" Bill Mears of has this report.
Posted at 08:15 AM by Howard Bashman

"Prayer policy Lodi's next hurdle; New language up to city attorney": The Record of Stockton, California contains an article today that begins, "Now that the Lodi City Council has endorsed holding uncensored invocations at its regular meetings, most certainly there will be more prayers to Jesus. What about Satan?"

The Lodi News-Sentinel reports today that "Lodi may be headed for prayer lawsuit; Freedom From Religion Foundation will 'see how it pans out.'"

The Sacramento Bee reports today that "Lodi, other cities put faith in prayer diversity."

And The New York Times reports that "City Decides to Continue Pre-Meeting Invocation."
Posted at 08:11 AM by Howard Bashman

"Dallas judge paves way for gay couple to get divorce": The Dallas Morning News today contains an article that begins, "In a first for Texas, a judge ruled Thursday that two men married in another state can divorce here and that the state's ban on gay marriage violates the U.S. Constitution."

The Associated Press reports that "Texas judge clears way for gay divorce."

And the "Tex Parte" blog of Texas Lawyer has a post titled "State district judge finds Texas' ban on gay marriage unconstitutional."

The judge who issued the ruling has this reelection web site.
Posted at 08:00 AM by Howard Bashman

"The Courts and Privacy": Today's edition of The New York Times contains an editorial that begins, "To the delight of headline writers, the Alabama Supreme Court recently decided the case of 1568 Montgomery Highway Inc. -- also known as Love Stuff -- v. the City of Hoover. In a 7-to-2 ruling, it upheld a state law banning the sale of sex toys. The dispute may seem a bit frivolous, but it rests on a fundamental question: After the Supreme Court's 2003 ruling striking down sodomy laws, how free is the majority to impose its morality through the law?"

My earlier coverage of last month's Alabama Supreme Court ruling appears at this link.
Posted at 07:50 AM by Howard Bashman

"Down the Memory Hole: Justice David H. Souter has agreed to share his Supreme Court papers, but with a 50-year lock." Linda Greenhouse has this op-ed today in The New York Times.
Posted at 07:42 AM by Howard Bashman

"Justice Thomas Speaks About His Silence on the Bench": has a report that begins, "For a U.S. Supreme Court justice who remains mum during oral arguments, Clarence Thomas shared a lot on Wednesday during a 90-minute conversation before an audience of 2,300 at Southern Methodist University in Dallas."

Yesterday's edition of The SMU Daily Campus contained an article headlined "Thomas reflects on Supreme Court appointment, addresses unfair media coverage."

And yesterday's edition of The Daily Skiff of Texas Christian University contained an article headlined "Justice: Oath to constitution a priority."

Video of Justice Clarence Thomas's remarks as a speaker in the Willis M. Tate Distinguished Lecture Series may eventually appear at this link.

Meanwhile, last week Justice Thomas spoke at a Lincoln conference at Washington and Lee.

The Waynesboro News Virginian reported that "Justice speaks at W&L."

You can download the audio of Justice Thomas's remarks at the Lincoln conference via this link (40.6MB mp3 audio file).
Posted at 07:35 AM by Howard Bashman

"Sotomayor won't sell NY apartment in this economy": Mark Sherman of The Associated Press has this report.
Posted at 07:20 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


Jack Bog's Blog

Jeremy Blachman's Brand New Weblog

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