How Appealing

Tuesday, December 3, 2013

"Case Over Gun-Safety Ads Fosters Unlikely Alliance": Wednesday's edition of The New York Times will contain an article that begins, "A state appeals court here heard arguments on Tuesday about whether Phoenix was within its rights to remove bus shelter ads that proclaimed 'Guns Save Lives,' which the city said constituted political speech."

Today's edition of The Arizona Republic previewed the oral argument in an article headlined "Ban on Phoenix bus-stop gun ad is back in court; Supporters of bus-stop ad cite speech rights."
Posted at 11:28 PM by Howard Bashman



"Supreme Court Considers Frequent Flier Contracts": Adam Liptak will have this article in Wednesday's edition of The New York Times.

In Wednesday's edition of The Washington Post, Robert Barnes will have an article headlined "Supreme Court hears case of frequent flier dropped from perks program before merger."

In Wednesday's edition of The Wall Street Journal, Jess Bravin will have an article headlined "Supreme Court Hears Case of Disgruntled Frequent Flier; Passenger Sues Airline for Erasing His Miles; Delta Says He Abused His Membership."

In Wednesday's edition of USA Today, Richard Wolf will have an article headlined "Justices hear case of frequent flier, airline breakup; Rabbi was dropped from Northwest program after frequent complaints about service."

And at Politico.com, Josh Gerstein has a blog post titled "Supreme Court takes on frequent flier program rights."
Posted at 11:22 PM by Howard Bashman



"High Court Hears Claim for Retroactive Gay Marriage Rights": Edmund H. Mahony of The Hartford Courant has an article that begins, "A woman, whose same sex, domestic partner died as a result of medical malpractice, told the state Supreme Court Tuesday that she is entitled for constitutional reasons to damages for loss of consortium -- even though she and her partner were not married."
Posted at 11:14 PM by Howard Bashman


"Politics, not justice, in Alabama death penalty cases; It is one of only three states that give judges the power to override juries in capital cases, and it is the only state in which judges regularly use that power to enhance sentences": Andrew Cohen will have this op-ed in Wednesday's edition of The Los Angeles Times.
Posted at 10:57 PM by Howard Bashman


"Obama Offers Second Chance For Missouri Court Nominee": Carrie Johnson had this audio segment on this evening's broadcast of NPR's "All Things Considered."
Posted at 10:52 PM by Howard Bashman


"Un-People: The conservative crusade to declare everything a 'person' -- corporations, fertilized eggs -- will have disastrous consequences." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:08 PM by Howard Bashman


"Supreme Court tackles Kentucky false advertising case": Michael Doyle of McClatchy Washington Bureau has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Lexmark Int'l, Inc. v. Static Control Components, Inc., No. 12-873.
Posted at 06:09 PM by Howard Bashman



"The nominees Obama wants most": The Hill today has a report that begins, "Senate Democrats have gutted the filibuster, but that doesn't mean President Obama's 240 judicial and executive branch nominees will now sail to confirmation."
Posted at 06:03 PM by Howard Bashman


"Wisconsin's Lawyer Pressed by Appeals Judges on Abortion": Bloomberg News has a report that begins, "A lawyer for the state of Wisconsin met a barrage of questions from U.S. appeals court judges as he tried to argue for a law requiring doctors who perform abortions to have local hospital admitting privileges."

And The Associated Press reports that "Federal appeals court hears arguments on Wisconsin's abortion law."

You can access via this link (8.3MB mp3 audio file) the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 05:40 PM by Howard Bashman



"Wyo. man takes 'rail trail' fight with Forest Service to Supreme Court": Jeremy P. Jacobs of Greenwire has this report.
Posted at 04:53 PM by Howard Bashman


"5th Circuit gives state AGs a new way to evade federal court": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued yesterday.
Posted at 02:58 PM by Howard Bashman


"Rights Group Is Seeking Status of 'Legal Person' for Captive Chimpanzee": This article appears today in The New York Times.
Posted at 01:20 PM by Howard Bashman


Fifth Circuit overturns NLRB decision concluding that a company violated the National Labor Relations Act by requiring its employees to sign an arbitration agreement that prohibited employees from pursuing claims in a collective or class action: You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.

Update: In news coverage, The Associated Press reports that "Appeals court sides with employers on arbitration."
Posted at 01:14 PM by Howard Bashman



"Judge Edwards and 'Functionally Useless' Habeas": Steve Vladeck has this post at the "Lawfare" blog about a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 01:00 PM by Howard Bashman


"Supreme Court mulls how airlines reject frequent fliers": USA Today has a report that begins, "Lawyers and justices clashed Tuesday at the Supreme Court over the rules for frequent-flier programs, and whether airlines can drop travelers from them for any reason."

And Greg Stohr of Bloomberg News reports that "Complaining-Passenger High Court Case May Shield Airlines."

Update: You can access at this link the transcript of today's U.S. Supreme Court oral argument in Northwest, Inc. v. Ginsberg, No. 12-462.

In other coverage, Lawrence Hurley of Reuters reports that "Frequent flyer faces turbulence in U.S. Supreme Court."
Posted at 12:50 PM by Howard Bashman



"SCOTUSblog on camera: J. Harvie Wilkinson, III -- Part eight." "SCOTUSblog" has posted this video online today, the final part of an eight-part interview.
Posted at 11:46 AM by Howard Bashman


The U.S. Court of Appeals for the Sixth Circuit today issued its long-awaited en banc ruling in United States v. Blewett: Circuit Judge Jeffrey S. Sutton wrote the majority opinion. You can access the complete ruling at this link.

By my calculation, the en banc vote was 10-to-7 in favor of holding that the Fair Sentencing Act of 2010, which increased the amount of crack cocaine needed to activate the various mandatory minimum sentences, does not apply retroactively to previously final criminal sentences.

At his "Sentencing Law and Policy" blog, Douglas A. Berman has a post titled "In lengthy split opinions, en banc Sixth Circuit rejects all efforts to give any relief to pre-FSA crack defendants still serving mandatory minimums."
Posted at 11:24 AM by Howard Bashman



Access online today's rulings in argued cases of the U.S. Supreme Court: The Court issued two rulings today in argued cases.

1. Justice Samuel A. Alito, Jr. delivered the opinion for a unanimous Court in Atlantic Marine Constr. Co. v. United States Dist. Court for Western Dist. Tex., No. 12-929. You can access the oral argument via this link.

2. And Justice Antonin Scalia delivered the opinion for a unanimous Court in United States v. Woods, No. 12-562. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Court says case should be moved to Va." and "Court will uphold tax penalty."
Posted at 10:04 AM by Howard Bashman



"BP Wins Appeals Court Order Stopping Some Spill Payments": Bloomberg News has a report that begins, "BP Plc won an appeals court order stopping some payments under a $9.2 billion settlement tied to the 2010 Gulf of Mexico oil spill."

I have posted at this link yesterday's order of a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit.
Posted at 09:34 AM by Howard Bashman



"Argument preview: War protests and the military." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 09:28 AM by Howard Bashman


"High Court hears arguments over tribal immunity in Michigan case": The Detroit Free Press has this report.

And The Detroit News reports that "Supreme Court hears arguments over Michigan's bid to shut tribal casino."

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Michigan v. Bay Mills Indian Community, No. 12-515.
Posted at 09:05 AM by Howard Bashman



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