How Appealing

Monday, October 31, 2011

"Supreme Court to hear Rehberg case": Sunday's edition of The Albany (Ga.) Herald contained an article that begins, "A fight that began in 2003 between a local surgeon, a medical practice administrator and Dougherty County's not-for-profit hospital will begin anew Tuesday in the chambers of the U.S. Supreme Court in what could set a precedent about how far a court official's immunity really goes."
Posted at 10:54 PM by Howard Bashman

"Lifelong Death Sentences": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 10:48 PM by Howard Bashman

"Ohio Judicial Center to be named for late chief justice": The Columbus Dispatch has a news update that begins, "The state Supreme Court is naming the Ohio Judicial Center in honor of the late Chief Justice Thomas Moyer, who was the second-longest chief justice in state history at the time of his death in April 2010."
Posted at 10:45 PM by Howard Bashman

"US court trims conviction in Cuba player smuggling": The Associated Press has a report that begins, "A federal appeals court on Monday handed a partial victory to a professional sports agent who was sentenced to prison for smuggling five Cuban baseball players into Florida."

You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 09:15 PM by Howard Bashman

"In this appeal, we are called upon to decide what test to apply in order to determine whether land is 'wetlands' subject to the CWA after the Supreme Court's ruling in Rapanos v. United States, 547 U.S. 715 (2006)." So states an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today.

The opinion, written by Circuit Judge Marjorie O. Rendell, proceeds to explain that "We join the Courts of Appeals for the First and Eighth Circuits in holding, as the District Court here did, that property is 'wetlands' subject to the CWA if it meets either of the tests laid out in Rapanos."
Posted at 09:04 PM by Howard Bashman

"Court reluctant on plea bargains after sentencing": Jesse J. Holland of The Associated Press has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Lafler v. Cooper, No. 10-209. And you can access at this link the transcript of today's oral argument in Missouri v. Frye, No. 10-444.
Posted at 08:44 PM by Howard Bashman

"Tiny fish keeps protection as Supreme Court declines to review case": Michael Doyle of McClatchy Newspapers has this report.
Posted at 08:37 PM by Howard Bashman

"U.S. Supreme Court declines to hear Utah highway crosses case": The Deseret News has this update.

The Salt Lake Tribune has a news update headlined "Crosses for fallen UHP officers must be removed."

In Tuesday's edition of The New York Times, Adam Liptak will have an article headlined "Justices Decline Case on Highway Crosses."

Joan Biskupic of USA Today has a news update headlined "Supreme Court won't hear Utah highway crosses dispute."

Warren Richey of The Christian Science Monitor has an article headlined "Crosses on public land: Did Supreme Court leave legal issue in 'shambles'? The Supreme Court agrees not to take a case on whether memorial crosses on public land in Utah violate the First Amendment; But one justice says the court has left the topic in legal limbo."

Bill Mears of reports that "Justices turn aside appeal over highway crosses."

And at the "School Law" blog of Education Week, Mark Walsh has a post titled "Thomas: Establishment Clause Jurisprudence 'In Shambles.'"
Posted at 08:30 PM by Howard Bashman

"Senate confirms Higginson for 5th Circuit appeals seat": The Shreveport Times has this news update.
Posted at 08:17 PM by Howard Bashman

"Justices decline to take delta smelt case": Lawrence Hurley of Greenwire has this report.
Posted at 05:04 PM by Howard Bashman

Lyle Denniston is reporting: At "SCOTUSblog," he has posts titled "No clarity on religious displays" and "Ninth Circuit faulted -- again."
Posted at 05:02 PM by Howard Bashman

"Creditor Moves to Dismantle Copyright Troll Righthaven": David Kravets has this post at's "Threat Level" blog.
Posted at 04:48 PM by Howard Bashman

"Judge remains close to home; Smith now serves on Court of Appeals": This profile of Third Circuit Judge D. Brooks Smith appears today in The Altoona (Pa.) Mirror.
Posted at 12:47 PM by Howard Bashman

"CAFC: Patent Opinions Down, Rule 36 Affirmances Up." Jason Rantanen has this post at "Patently-O."
Posted at 12:42 PM by Howard Bashman

Greg Stohr of Bloomberg News is reporting: He has articles headlined "Endangered Species Act Survives Challenge at U.S. High Court"; "Stryker Rejected in Bid for High Court Limits on Patient Suits"; and "Merck Can Block Teva on Generic Temodar as Court Rejects Appeal."
Posted at 11:23 AM by Howard Bashman

"Supreme Court won't hear Utah memorial cross dispute": James Vicini of Reuters has this report.
Posted at 11:22 AM by Howard Bashman

Access online today's Order List of the U.S. Supreme Court: The Court has posted today's Order List at this link. The Court today summarily affirmed in one case but did not grant review in any new cases.

In Cavazos v. Smith, No. 10-1115, the Court issued a per curiam decision reversing the judgment of the U.S. Court of Appeals for the Ninth Circuit. Justice Ruth Bader Ginsburg issued a dissenting opinion, in which Justices Stephen G. Breyer and Sonia Sotomayor joined.

And Justice Clarence Thomas issued an opinion dissenting from the denial of certiorari in Utah Highway Patrol v. American Atheists, Inc., No. 10-1276.

In early news coverage, The Associated Press reports that "High court avoids dispute over highway crosses"; "High court reinstates 'shaken baby' conviction"; and "Court sidesteps Connecticut student speech case."
Posted at 10:03 AM by Howard Bashman

"Judges Are for Sale -- and Special Interests Are Buying": Adam Cohen of Time magazine has this essay.
Posted at 07:50 AM by Howard Bashman

"High Court Considers When Bad Lawyers Taint A Case": On today's broadcast of NPR's "Morning Edition," Nina Totenberg had this audio segment.
Posted at 07:48 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