How Appealing

Tuesday, November 19, 2013

"Noel Canning Urges High Court To Limit Recess Appointments": has a report (subscription required for full access) that begins, "Soda bottler Noel Canning told the U.S. Supreme Court on Monday that in seeking to overturn the D.C. Circuit's ruling invalidating the president's recess appointments to the National Labor Relations Board, the executive branch is asking for 'a virtually unlimited unilateral appointments power.'"

I have posted a copy of Noel Canning's merits Brief for Respondent, filed yesterday in the U.S. Supreme Court, at this link.
Posted at 11:26 PM by Howard Bashman

"Sentence upheld against only woman on Georgia's death row": Bill Rankin of The Atlanta Journal-Constitution has this news update reporting on a ruling, written by Chief Judge Ed Carnes, that the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 10:18 PM by Howard Bashman

"Supreme Court Rejects Bid to Block Texas Abortion Law": Adam Liptak will have this article in Wednesday's edition of The New York Times.

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court declines to stop Texas abortion clinic restrictions."

Chuck Lindell of The Austin American-Statesman has a news update headlined "High court declines to block Texas abortion law."

The San Antonio Express-News reports that "U.S. Supreme Court allows abortion restriction to stay in effect."

Todd J. Gillman of The Dallas Morning News has a blog post titled "Supreme Court won't block Texas abortion restrictions."

Reuters reports that "U.S. Supreme Court declines to block Texas abortion law." reports that "SCOTUS refuses to block Texas abortion law."

And The Texas Tribune reports that "SCOTUS Won't Intervene in Texas Abortion Case."
Posted at 08:50 PM by Howard Bashman

"Reid Preparing to Move for Limits on Filibuster": Jeremy W. Peters will have this article in Wednesday's edition of The New York Times.
Posted at 08:40 PM by Howard Bashman

"Supreme Court refuses to block Texas abortion law": The Associated Press has this report.

Greg Stohr of Bloomberg News reports that "Texas Abortion Restrictions Allowed by U.S. Supreme Court."

And at "SCOTUSblog," Lyle Denniston has a post titled "Texas abortion law left in effect."

You can access today's 5-to-4 order of the U.S. Supreme Court, and the concurrence in and dissent therefrom, at this link.
Posted at 06:22 PM by Howard Bashman

Saying thanks and hello to all of this blog's new Twitter followers: You can receive notice via Twitter of new blog posts shortly after they appear here, and sometimes if I am away from my computer I will retweet things that I hope will be of interest to this blog's Twitter followers. You can access and subscribe to follow this blog's Twitter feed via this link.
Posted at 05:00 PM by Howard Bashman

"Key Senate Democrats Flip, Now Ready For Filibuster Reform Via 'Nuclear Option'": Jennifer Bendery of The Huffington Post has this report.

Alexander Bolton of The Hill reports that "Reid threatens to go nuclear." has a report headlined "Harry Reid: Actively weighing 'nuclear option.'"

And at "The Plum Line" blog of The Washington Post, Greg Sargent has an entry titled "Harry Reid is set to go nuclear."
Posted at 03:50 PM by Howard Bashman

"Punishment that Fits": Law professor Robert Blecker -- whose law school bio describes him as "a nationally known retributivist advocate of the death penalty" -- appeared on today's broadcast of WNYC Radio's "The Brian Lehrer Show." You can access the audio via this link. Blecker was promoting his new book, titled "The Death of Punishment: Searching for Justice among the Worst of the Worst."
Posted at 03:45 PM by Howard Bashman

"Doctrinal Conversation: Justice Kagan's Supreme Court Opinions." Law professor Laura K. Ray has posted this essay online at SSRN (via's "Law Blog").
Posted at 02:54 PM by Howard Bashman

"Supreme Court upholds firing of Freshwater in religious-symbols case; Mount Vernon teacher was insubordinate, justices rule 4-3": The Columbus Dispatch has this news update.

And The Associated Press reports that "Ohio court upholds firing in school Bible case."

You can access today's ruling of the Supreme Court of Ohio at this link. And the court's Office of Public Information issued a news release about the ruling headlined "Science Teacher Cannot Display Religious Material in Classroom; School District's Termination of Mt. Vernon Teacher for Insubordination is Legal."
Posted at 01:25 PM by Howard Bashman

"D.C. Circuit Denies Terror Victims Access to Frozen Funds": Zoe Tillman has this post at "The BLT: The Blog of Legal Times" reporting on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 01:17 PM by Howard Bashman

Access online the contents of the November 2013 issue of The Yale Law Journal: Via this link.

Of particular note, law professor Michael W. McConnell has an essay titled "Reconsidering Citizens United as a Press Clause Case."

And Connor Sullivan has a comment titled "A First Amendment Approach to Generic Drug Manufacturer Tort Liability."
Posted at 11:56 AM by Howard Bashman

"Nuclear Reactor Waste Fees Ordered to Zero by Appeals Court": Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.

Update: In other coverage, Lawrence Hurley of Reuters reports that "U.S. court orders government to stop collecting nuclear waste fees."

The Associated Press reports that "Appeals court suspends DOE collection of nuke fees."

Jeremy P. Jacobs of Greenwire reports that "Judges toss DOE's 'unfair' fees for nuclear waste disposal."

And at "The BLT: The Blog of Legal Times," Marcia Coyle has a post titled "D.C. Circuit Says: No Nuclear Waste Site, No Fees On Utilities."
Posted at 11:44 AM by Howard Bashman

"Death Meted Out by Politicians in Robes": This editorial appears today in The New York Times.
Posted at 11:42 AM by Howard Bashman

Bloomberg News reports on two denials of rehearing en banc yesterday at the U.S. Court of Appeals for the Second Circuit: You can access online articles headlined "Argentina Loses Bid for Full Rehearing of Bonds Appeal" and "Rajaratnam Loses Bid for Full-Court Review of Conviction."
Posted at 11:37 AM by Howard Bashman

"Harry Reid: GOP playing with fire on judges." has this report.
Posted at 11:14 AM by Howard Bashman

"How Conservatives Abandoned Judicial Restraint, Took Over The Courts And Radically Transformed America": Ian Millhiser has this essay online today at ThinkProgress.
Posted at 11:11 AM by Howard Bashman

"U.S. Court Allowed Internet Data Mining After Violations": Bloomberg News has this report.

And Spencer Ackerman of The Guardian (UK) has an article headlined "Court order that allowed NSA surveillance is revealed for first time; Fisa court judge who authorised massive tapping of metadata was hesitant but felt she could not stand in the way."
Posted at 08:42 AM by Howard Bashman

"U.S. Supreme Court is last option in New Jersey sports betting case": The Las Vegas Review-Journal has this report.
Posted at 08:39 AM by Howard Bashman

"Fernandez-Vina approved to join N.J. Supreme Court": The Newark Star-Ledger has this report.

The Philadelphia Inquirer reports today that "Lawmakers confirm Camden County judge to high court."

And The Record of Hackensack, New Jersey reports that "Christie Supreme Court nominee approved, but Democrats warn they won't budge on others."
Posted at 08:37 AM by Howard Bashman

"U.S. Supreme Court declines to hear appeal of man convicted of killing Montgomery police officer; Sotomayor criticizes judicial review of capital cases, says Alabama judges 'succumb to political pressure'": The Montgomery Advertiser has this report.
Posted at 08:35 AM by Howard Bashman

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