How Appealing

Friday, October 19, 2012

"How Many Constitutions Can Liberals Have?" Online today at The New Republic, Seventh Circuit Judge Richard A. Posner has this review of law professor Akhil Reed Amar's new book, "America's Unwritten Constitution: The Precedents and Principles We Live By." The review will appear in the November 8, 2012 print edition of the magazine.
Posted at 08:30 PM by Howard Bashman

"Supreme Court Justice Elena Kagan talks gender, hunting with UT audience": Megan Boehnke of The Knoxville News Sentinel has this update.
Posted at 04:52 PM by Howard Bashman

"2nd Circuit sets new rules for immigration cases": Reuters has this article reporting on an opinion that the U.S. Court of Appeals for the Second Circuit issued earlier this week.
Posted at 04:50 PM by Howard Bashman

"A New Type of Opinion Is Christened in the Ninth Circuit": Joe Palazzolo has this post at's "Law Blog."
Posted at 04:27 PM by Howard Bashman

"Soundbites: Ruth Bader Ginsburg Edition." The blog of The Yale Daily News yesterday had this post reporting on Justice Ruth Bader Ginsburg's remarks yesterday at a Davenport Master's Tea. And today's print edition of that newspaper contains an article headlined "Ginsburg visits campus."

Justice Ginsburg remains at Yale today, and she is scheduled to take part in a conversation with Linda Greenhouse beginning at 4 p.m. eastern time today that you can view live, online via this link.

Update: The conversation with Justice Ginsburg is getting underway at 4:13 p.m. eastern time.

Second update: If you tuned-in seeking 15 minutes' worth of introductory remarks, you're in luck!

Third update: The live event has now ended, but you can view a replay via this link.
Posted at 03:57 PM by Howard Bashman

"Threatened species listing for polar bears contested in U.S. court": Reuters has a report that begins, "Polar bears' designation as a threatened species was challenged in a U.S. appeals court on Friday, with a lawyer for Alaska and other parties arguing that regulators had failed to back up the listing."

And Lawrence Hurley of Greenwire reports that "Polar bear fight returns to court."
Posted at 03:18 PM by Howard Bashman

"The Conscience of a Judicial Conservative: William Rehnquist was a Nixon appointee and a Republican, but above all he was a lawyer's lawyer with a clear-eyed appreciation of the duties of his position." In Saturday's edition of The Wall Street Journal, law professor Richard W. Garnett will have this review of the new book "The Partisan:The Life of William Rehnquist," by John A. Jenkins.

On a related note, earlier this month, The New Republic posted online a review by law professor Eric A. Posner headlined "Overruled: How Conservative Was Chief Justice Rehnquist?"

And earlier this month, Joan Biskupic of Reuters hosted a discussion with the book's author on the "After Words" program of C-SPAN2's BookTV., You can view the video by clicking here.
Posted at 03:14 PM by Howard Bashman

"Retired Justice O'Connor to hear 2nd Circuit cases next week": Reuters has this report.
Posted at 02:50 PM by Howard Bashman

"Crunch time coming up for GOP's DOMA fight": Todd Ruger has this post today at "The BLT: The Blog of Legal Times."
Posted at 02:01 PM by Howard Bashman

"Posner on Amar's Unwritten Constitution: 'Extremely Strange.'" Orin Kerr had this post yesterday evening at "The Volokh Conspiracy."

You can access the video of Seventh Circuit Judge Richard A. Posner's remarks via this link.
Posted at 01:42 PM by Howard Bashman

"Chief Judge KOZINSKI, disagreeing with everyone": Just when you thought that every possible type of appellate opinion had already been created, Ninth Circuit Chief Judge Alex Kozinski goes and invents one more.
Posted at 01:28 PM by Howard Bashman

"Federal Courthouses Gain Landmark Status": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has issued this news release.
Posted at 01:22 PM by Howard Bashman

"Supreme Court Chief Justice Discusses Constitutional Law": On Wednesday -- as I noted in earlier posts that you can access here, here, and here -- Chief Justice John G. Roberts, Jr. participated in a public conversation as part of Rice University's centennial celebration.

C-SPAN has made the video of the Chief Justice's remarks available via this link.
Posted at 11:48 AM by Howard Bashman

"U.S. Marriage Act Is Unfair to Gays, Court Panel Says": John Schwartz has this article today in The New York Times. The newspaper also contains an editorial entitled "Another Defeat for the Defense of Marriage Act."

Today's edition of The New York Daily News contains an article headlined "New York appeals court nixes Defense of Marriage act; Court says 1996 law that defines marriage as involving a man and a woman is unconstitutional; Boston made same ruling earlier this year."

David G. Savage of The Los Angeles Times has an article headlined "Court rules gays and lesbians deserve special protection; The U.S. 2nd Circuit Court of Appeals in New York strikes down part of the Defense of Marriage Act and becomes the first to say the group is constitutionally protected as minorities."

The Washington Times reports that "Ruling likely to send gay marriage issue to Supreme Court."

Warren Richey of The Christian Science Monitor has an article headlined "Gay marriage to Supreme Court? More likely after latest rejection of DOMA.; A federal appeals court panel in New York voted 2 to 1 to declare part of DOMA unconstitutional; The opinion, just three weeks after argument, suggests the judges may have been keeping an eye on the Supreme Court."

Mark Hamblett of the New York Law Journal reports that "Circuit Strikes Key Provision of Marriage Act." has articles headlined "Federal appeals court strikes down Defense of Marriage Act" and "Victory for lesbian, years after her longtime partner's death."

Ariane de Vogue of ABC News has a blog post titled "Second Federal Appeals Court Strikes Down Key Provision of DOMA."'s "Metropolis" blog has a post titled "Meet the New Yorker Who Sued to Stop DOMA."

Online at The New Yorker, Richard Socarides has a blog post titled "A Widow's Victory, and a Defeat for DOMA."

And at "SCOTUSblog," Lyle Denniston has a post titled "Major victory for gay rights, same-sex marriage."
Posted at 09:14 AM by Howard Bashman

"Guantanamo terrorism convictions proving vulnerable on appeal": Carol J. Williams of The Los Angeles Times has this blog post today.
Posted at 08:51 AM by Howard Bashman

"Democrats Use Health Law to Assail Republicans": Robert Pear has this article today in The New York Times.
Posted at 08:30 AM by Howard Bashman

"Pierce man gets a new trial over prosecution's PowerPoint misuse": Today's edition of The Tacoma News Tribune contains an article that begins, "The Washington State Supreme Court has overturned four felony convictions of a Pierce County man, saying a deputy prosecutor violated the defendant's right to a fair trial by superimposing the words, 'guilty, guilty, guilty,' over the man's photo during a PowerPoint presentation in closing arguments."

My earlier coverage of yesterday's ruling can be accessed here.
Posted at 08:27 AM by Howard Bashman

"Parsing Obama on Guantanamo": At, Josh Gerstein has a blog post that begins, "What exactly did President Barack Obama mean when he suggested Thursday that Congress needs to do more to establish a 'legal architecture' to govern aspects of the war on terror?"

In today's edition of The Wall Street Journal, Jess Bravin has article headlined "Lawyers Spar Over Rights for 9/11 Detainees."

In today's edition of The Los Angeles Times, Richard A. Serrano has an article headlined "U.S. seeks more secrecy in 9/11 case; Prosecutors ask the military judge at Guantanamo Bay for more restrictions against the public release of sensitive material in the Sept. 11 investigation."

Reuters reports that "Judge in 9/11 case weighs whether Constitution applies at Guantanamo."

And Carol Rosenberg of The Miami Herald has an article headlined "Alleged al Qaida chief's vest a snooze, a day later; Small issues dominated the day in war court as the judge discussed location, the defendants read and some spectators took a nap."
Posted at 08:22 AM by Howard Bashman

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