How Appealing

Monday, December 13, 2010

"Former Solicitor General of Texas James C. Ho Rejoins Gibson Dunn's Dallas Office": The law firm of Gibson, Dunn & Crutcher LLP issued this news release today.
Posted at 08:50 PM by Howard Bashman

"Shell Rejected by High Court on $54 Million Award in Oklahoma Lease Case": Greg Stohr of Bloomberg News has this report.
Posted at 08:40 PM by Howard Bashman

"Court Chooses Guardians for Orphaned Arguments": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 08:27 PM by Howard Bashman

"U.S. Supreme Court Divides in Costco Gray Market Case": Greg Stohr of Bloomberg News has this report.

And at's "Threat Level" blog, David Kravets has a post titled "Supreme Court Rules Against 'First-Sale' Copyright Doctrine."
Posted at 05:21 PM by Howard Bashman

"Inmate wins long-shot appeal to U.S. Supreme Court": Michael Doyle of McClatchy Newspapers has this report.
Posted at 05:12 PM by Howard Bashman

"Judge in Va. strikes down federal health care law": The Associated Press has a report that begins, "A federal judge declared the Obama administration's health care law unconstitutional Monday, siding with Virginia's attorney general in a dispute that both sides agree will ultimately be decided by the U.S. Supreme Court."

The New York Times has a news update headlined "Health Care Law Ruled Unconstitutional."

The Washington Post has a news update headlined "Key provision of health-care overhaul ruled unconstitutional."

The Los Angeles Times has a news update headlined "U.S. judge rejects key part of Obama healthcare law."

The Richmond Times-Dispatch has a news update headlined "Judge rules for Va. on health-care case."

Reuters reports that "Judge rejects key part of Obama healthcare law."

Bloomberg News reports that "U.S. Health-Care Law Requirement Thrown Out by Judge."

Bill Mears of reports that "Virginia judge rules health care mandate unconstitutional."

And at "SCOTUSblog," Lyle Denniston has a post titled "Health care mandate nullified."

You can access today's ruling of the U.S. District Court for the Eastern District of Virginia at this link. I have also posted a back-up copy of the ruling at this link.
Posted at 12:40 PM by Howard Bashman

C-SPAN conducts Justice Elena Kagan's first TV interview since joining the U.S. Supreme Court: C-SPAN plans to air the 48-minute interview in its entirety on Sunday, December 19, 2010 at 6:30 p.m. and 9:30 p.m. eastern time and on Monday, December 20, 2010 at 12:30 a.m. eastern time.

C-SPAN has already posted some excerpts from the interview at YouTube: "Justice Kagan on Using a Kindle to Read Briefs"; "Justice Kagan on Chief Justice Roberts"; and "Justice Kagan on Transition to the Supreme Court."

In early news coverage of C-SPAN's interview, The Associated Press has a report headlined "Kagan says 'steep learning curve' on Supreme Court."
Posted at 11:00 AM by Howard Bashman

Access online today's Order List and opinion in an argued case of the U.S. Supreme Court: You can access today's Order List at this link. The Court today did not grant review in any new cases, but the Court did call for the views of the Solicitor General's Office on two cases.

Today's "opinion" in an argued case consisted of a per curiam decision affirming by an equally divided Court in Costco Wholesale Corp. v. Omega, S.A., No. 08-1423. You can access the oral argument via this link. It is interesting to note that it took the Court a bit longer than usual to decide it was equally divided in this case, which was argued on November 8, 2010. Often an order affirming by an equally divided Court will issue on the first opportunity for delivering an opinion after the initial post-argument conferencing of the case.

And Justice Antonin Scalia, joined by Justices Clarence Thomas and Samuel A. Alito, Jr., issued a dissent from the denial of certiorari in Allen v. Lawhorn, No. 10-24.

In early news coverage, The Associated Press reports that "High court tie vote sustains ruling against Costco"; "High court rejects appeal seeking bigger US House"; "Court rejects Ala. appeal in murder-for-hire case"; "Court won't get involved in NY lawyer ad fight"; and "High court won't block Columbia expansion plan."

Finally, at "SCOTUSblog," Lyle Denniston has a post titled "Copyright defense restricted."
Posted at 10:04 AM by Howard Bashman

"Trial-site question surrounds Guantanamo detainees": Jerry Markon has this article today in The Washington Post.
Posted at 07:56 AM by Howard Bashman

"Judge Ken Starr to Discuss Role of Solicitor General at Lecture Dec. 14": Baylor University has issued this news release.
Posted at 07:38 AM by Howard Bashman

"Justice Stevens and the Death Penalty": Yesterday's edition of The New York Times contained this editorial.
Posted at 07:36 AM by Howard Bashman

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