How Appealing


Wednesday, April 16, 2014

"India's Supreme Court Recognizes 3rd Gender": This post appears at the "India Ink" blog of The New York Times.

You can access yesterday's ruling of the Supreme Court of India at this link.
Posted at 08:47 PM by Howard Bashman




"How the President Got to 'I Do' on Same-Sex Marriage": Jo Becker will have this article in this upcoming Sunday's edition of The New York Times Magazine.
Posted at 08:40 PM by Howard Bashman




"Abortion Endures as a Political Tripwire": Online today at The New York Times, Thomas B. Edsall has an essay that begins, "Why is there such a difference in the durability of two foundational issues of American conservatism: gay marriage and abortion?"
Posted at 08:36 PM by Howard Bashman




"Weev Talks About Life In Prison And His Plans To Open A Hedge Fund, TRO LLC": John Biggs has this interview online at TechCrunch.

According to Auernheimer, "I have instructed my counsel not to file a motion for dismissal by cause of double jeopardy if the government brings this case in another jurisdiction. I will gladly litigate this matter again to attack the CFAA a second time, even if the result is another round of imprisonment."
Posted at 07:58 PM by Howard Bashman




"Justice Alito Re-Enters Two Key Business Cases": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 05:46 PM by Howard Bashman




"Round 2: Court takes up Oklahoma gay-marriage case." The Associated Press has this report.

The U.S. Court of Appeals for the Tenth Circuit is scheduled to hear oral argument in the case tomorrow.
Posted at 04:52 PM by Howard Bashman




"US judge overturns 6-week abortion ban": The Associated Press has this report.

And the Center for Reproductive Rights, which brought the challenge, issued a news release titled "Federal Court Permanently Blocks Most Extreme Abortion Ban in the Country; Judge calls North Dakota's ban on abortion at six weeks 'a blatant violation of the constitutional guarantees afforded to all women.'"

You can access today's ruling of the U.S. District Court for the District of North Dakota at this link.

Update: In other coverage, Bloomberg News reports that "North Dakota 'Fetal Heartbeat' Abortion Ban Ruled Illegal."

And at "SCOTUSblog," Lyle Denniston has a post titled "Judge nullifies strictest anti-abortion law."
Posted at 04:50 PM by Howard Bashman




"Court Deportations Drop 43 Percent in Last Five Years": This article will appear in Thursday's edition of The New York Times.
Posted at 04:44 PM by Howard Bashman




"Professor tries for double play in toxic tort case before Supreme Court": Jeremy P. Jacobs of Greenwire has this report today.
Posted at 04:42 PM by Howard Bashman




"House Lawyers Defend 'Speech or Debate'": Zoe Tillman has this post today at "The BLT: The Blog of Legal Times" reporting on an amicus brief filed yesterday in the U.S. Court of Appeals for the Ninth Circuit.
Posted at 01:40 PM by Howard Bashman




"Scalia to Student: If Taxes Get Too High 'Perhaps You Should Revolt.'" Jacob Gershman has this post today at WSJ.com's "Law Blog."
Posted at 01:35 PM by Howard Bashman




"Argument preview: A global search for money." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 01:33 PM by Howard Bashman




"Lavabit held in contempt of court for printing crypto key in tiny font; US attorney: Lavabit 'treated court orders like contract negotiations.'" Joe Silver of Ars Technica has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 01:32 PM by Howard Bashman




"U.S. consumer groups win unsealing of lawsuit over infant death": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 01:30 PM by Howard Bashman




"Diller Goes Big in High Court Gamble on Aereo's Future": Greg Stohr and Alex Barinka of Bloomberg News have this report today.
Posted at 01:26 PM by Howard Bashman




"Bisignano can be on ballot, Iowa Supreme Court rules": Grant Rodgers has this article today in The Des Moines Register.

And at "On Brief: Iowa's Appellate Blog," Ryan Koopmans has a post titled "Iowa Supreme Court splits over what kinds of criminals can vote."

You can access yesterday's ruling of the Supreme Court of Iowa at this link.
Posted at 01:24 PM by Howard Bashman




"Crosses Spark a Constitutional Fight": Jacob Gershman has this article today in The Wall Street Journal.
Posted at 01:18 PM by Howard Bashman




"An update on our press pass": Tom Goldstein has this post today at "SCOTUSblog."
Posted at 01:14 PM by Howard Bashman




"Judge stays most of Ohio gay marriage ruling": The Associated Press has this report.

You can access today's order of the U.S. District Court for the Southern District of Ohio at this link.
Posted at 01:10 PM by Howard Bashman




Programming note: This morning, I am meeting with trial counsel in an appeal on which I am working. Additional posts will appear here this afternoon.
Posted at 08:54 AM by Howard Bashman




"The Tragicomedy of the 9/11 Trial: A report from Guantanamo Bay." Dave Cullen has this essay online at The New Republic.
Posted at 08:03 AM by Howard Bashman




"Supreme Court to consider challenge to law barring campaign falsehoods; The Supreme Court will hear a free-speech challenge to an Ohio state law that prohibits publishing false statements about political candidates": David G. Savage has this article today in The Los Angeles Times.

And The Associated Press reports that "Court to weigh challenge to ban on campaign lies."
Posted at 08:02 AM by Howard Bashman




Tuesday, April 15, 2014

"Liberals and libertarians join forces to defend gay marriage rights": Adam Serwer of msnbc has this report.
Posted at 11:08 PM by Howard Bashman




"Google friends swamp 9th Circuit in 'Innocence of Muslims' case": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 08:42 PM by Howard Bashman




Access online the contents of the April 2014 issue of The Yale Law Journal: At this link.

In this month's issue, law professor Jeremy Waldron has an essay titled "Five to Four: Why Do Bare Majorities Rule on Courts?"

And the issue also contains a feature titled "Federalism as the New Nationalism: A dialogue among a new school of federalism scholars."
Posted at 08:40 PM by Howard Bashman




"Man who disrupted Supreme Court gets time served": The Associated Press has this report.

Lawrence Hurley of Reuters reports that "Man in videotaped protest inside Supreme Court pleads guilty."

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Supreme Court Protester Sentenced to Time Served."
Posted at 08:32 PM by Howard Bashman




"Battle over Argentina's debts heads to Supreme Court": Richard Wolf of USA Today has this report.
Posted at 08:25 PM by Howard Bashman




"Whether a defendant may remove a case a second time based on diversity jurisdiction more than one year after the commencement of the case?" Some readers may recall that on January 24, 2014 the U.S. Court of Appeals for the Third Circuit issued an order granting my clients' petition for permission to appeal presenting that issue.

Today, on behalf of my clients, the plaintiffs in the case, I filed the opening Brief for Appellants.

And for any readers who simply can't get enough when it comes to appeals involving the law school subjects of federal courts and civil procedure, today the U.S. Court of Appeals for the Ninth Circuit issued a decision resolving "whether the federal court in Guam has jurisdiction in disputes exclusively between aliens."
Posted at 06:28 PM by Howard Bashman




"Convicted Murderer Still Has Miranda Rights Case": Courthouse News Service has a report that begins, "A man convicted twice for the same murder can sue the Ventura County Sheriff's Department for failing to read him his rights, the 9th Circuit ruled Tuesday."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Convicted Killer's Civil Rights Suit Reinstated."

Circuit Judge Stephen Reinhardt wrote today's ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 06:18 PM by Howard Bashman




"Argument preview: Justices to consider 'truth-in-labeling' fruit juices." Ronald Mann has this post today at "SCOTUSblog."
Posted at 01:30 PM by Howard Bashman




"Prenda On Appeal: Copyright Troll Tactics Challenged in DC Circuit." Corynne McSherry of Electronic Frontier Foundation has this blog post about a case that she and two other attorneys argued yesterday at the U.S. Court of Appeals for the D.C. Circuit.

You can access the audio of yesterday's oral argument via this link (23.1 MB mp3 audio file).
Posted at 01:18 PM by Howard Bashman




"Aereo to Face Uphill Battle in Supreme Court, Experts Say; With broadcasters on one side and the cloud computing business on the other, the stakes are high -- and the case could go either way": Jonathan Handel has this post today at the "Hollywood, Esq." blog of The Hollywood Reporter.
Posted at 01:10 PM by Howard Bashman




"U.S. appeals court upholds hazardous air pollution rule": Lawrence Hurley has this report on the per curiam ruling that the majority on a partially divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued today.

Update: In other coverage, Jeremy P. Jacobs of Greenwire reports that "Federal judges uphold landmark EPA mercury and toxics standards."
Posted at 11:24 AM by Howard Bashman




"According to the plaintiffs, the Senate rule governing filibusters is unconstitutional." But according to the U.S. Court of Appeals for the D.C. Circuit in a ruling issued today, the plaintiffs failed to sue the proper defendant and therefore could not obtain any relief on their claim.

Update: At "The BLT: The Blog of Legal Times," Todd Ruger has a post titled "Suit Challenging Senate Filibuster Rule Fails in D.C. Circuit."
Posted at 11:20 AM by Howard Bashman




"Appellate court strikes down $1 million award in porn case": Today's edition of The Knoxville News Sentinel contains an article (subscription required for full access) that begins, "A federal appeals court Monday struck down a $1 million award of damages to a Greene County teenager against a man who hired prostitutes to have sex with the boy so he could film the encounters."

Circuit Judge Jeffrey S. Sutton wrote yesterday's ruling of the U.S. Court of Appeals for the Sixth Circuit on behalf of a unanimous three-judge panel.
Posted at 10:24 AM by Howard Bashman




Monday, April 14, 2014

"Point Reyes oyster farmer appeals to U.S. high court": Bob Egelko of The San Francisco Chronicle has this news update.

And The Marin Independent Journal has a news update headlined "Drakes Bay Oyster Co. takes fight to U.S. Supreme Court."

You can view at this link the petition for writ of certiorari filed today in the U.S. Supreme Court.
Posted at 11:58 PM by Howard Bashman




"Little-Known Legal Challenge That Could Torpedo Obamacare": Ariane de Vogue has this post today at "The Note" blog of ABC News.
Posted at 11:38 PM by Howard Bashman




"SCOTUSblog on camera: Orin Kerr -- Part five." You can access here the final installment of this video interview.
Posted at 11:36 PM by Howard Bashman




"Media, rights groups urge court to revisit takedown of anti-Muslim YouTube video; Media says decision allows subjects of news events to control coverage": David Kravets of Ars Technica has this report.
Posted at 11:34 PM by Howard Bashman




"U.S. appeals court: conflict minerals rule violates free speech." Reuters has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.

Update: In other coverage, Bloomberg News reports that "SEC Conflict Minerals Rule Violates Free-Speech Rights."

Jeremy P. Jacobs of Greenwire reports that "Appeals court strikes down conflict minerals disclosure rule."

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "D.C. Circuit Trims SEC 'Conflict Minerals' Disclosure Rule."
Posted at 01:05 PM by Howard Bashman




"Judge Posner Includes Photograph Of Plaintiff In Banana Costume, 'Which is in the record.'" Josh Blackman has this post discussing a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today.
Posted at 01:02 PM by Howard Bashman




"Judge to Ohio: Recognize out-of-state gay marriage." The Associated Press has this updated report.

You can access today's ruling of the U.S. District Court for the Southern District of Ohio at this link.
Posted at 11:42 AM by Howard Bashman




"Secret Drugs, Agonizing Deaths": Megan McCracken and Jennifer Moreno, staff lawyers with the Death Penalty Clinic at the University of California, Berkeley, School of Law, have this op-ed today in The New York Times.
Posted at 10:24 AM by Howard Bashman




"Judge set to issue key Ohio gay marriage ruling": The Associated Press has this report.
Posted at 09:58 AM by Howard Bashman




Sunday, April 13, 2014

"Put Cameras in the Supreme Court: Australia, Canada, and England all allow cameras in their high courts; So should the U.S." S.M. Oliva has this essay online today at Reason.com.
Posted at 10:50 PM by Howard Bashman




"Supreme Court ruling sets off race for bigger donations; Political parties, election lawyers and donors move quickly to capitalize on the Supreme Court's decision striking down overall limits on what wealthy contributors can give": Fredreka Schouten of USA Today has this report.
Posted at 10:44 PM by Howard Bashman




"Legal minds eye quality control for convictions": The Associated Press has this report.
Posted at 10:28 PM by Howard Bashman




"Gun rights may return to Supreme Court's agenda": Richard Wolf of USA Today has this report.
Posted at 10:25 PM by Howard Bashman




"Window opens on secret camp within Guantanamo": The Associated Press has this report.
Posted at 10:22 PM by Howard Bashman




"Orie Melvin appeal to be heard next month in Lawrence County": In yesterday's edition of The Pittsburgh Tribune-Review, Adam Brandolph had an article that begins, "A three-judge Pennsylvania Superior Court panel will hear oral arguments next month on former state Supreme Court Justice Joan Orie Melvin's appeal of her conviction on corruption charges."

And yesterday's edition of The Pittsburgh Post-Gazette contained an article headlined "State Superior Court to hear arguments on Orie Melvin's appeal."
Posted at 09:12 AM by Howard Bashman




"Pennsylvania's U.S. senators in controversial judicial deal": In Wednesday's edition of The Pittsburgh Post-Gazette, Tracie Mauriello had an article that begins, "Pennsylvania progressives are looking to scuttle an apparent backroom deal on judicial nominations that the state's two senators are negotiating."

And today's edition of that newspaper contains an editorial titled "Bench pressed: Activists go political against a prospective judge."
Posted at 09:10 AM by Howard Bashman




Saturday, April 12, 2014

"Supreme Court protects free speech selectively": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 10:44 PM by Howard Bashman




"Scott Walker wants state high court to take up John Doe subpoenas": Patrick Marley and Steve Schultze had this article in yesterday's edition of The Milwaukee Journal Sentinel.

And The Wisconsin State Journal reports that "Scott Walker campaign asks Supreme Court to intervene in 'John Doe' investigation."
Posted at 01:30 PM by Howard Bashman




"Internet TV company Aereo expands ahead of its Supreme Court date": CNBC has this report.

And in tomorrow's edition of The Boston Globe, columnist Scott Kirsner will have an essay headlined "Aereo's $97m question for the Supreme Court: Streaming TV service hinges on court's decision."
Posted at 01:24 PM by Howard Bashman




"Newport Beach hires Citizens United attorney; Theodore Olson, who also worked on Bush vs. Gore, will represent the city in sober-living case": The Daily Pilot of Costa Mesa, California has this report.
Posted at 11:42 AM by Howard Bashman




"Shaun McCutcheon's victory lap": Byron Tau and Kenneth P. Vogel of Politico.com have this report today.
Posted at 11:40 AM by Howard Bashman




"Authors Guild asks US court to rule against Google": The Associated Press has a report that begins, "Saying Google Inc. is stealing business from online book retailers, the Authors Guild asked a federal appeals court Friday to reinstate its lawsuit contending that the Internet giant is violating copyright laws with its massive book digitization project."

You can view a redacted copy of the Brief for Appellants, filed yesterday in the U.S. Court of Appeals for the Second Circuit, at this link.
Posted at 09:50 AM by Howard Bashman




Florida's Fifth District Court of Appeal yesterday issued a ruling in a case described as "SLAPP Happy Dog-Shooter": The "Siouxsie Law" blog had this post about the case back in March 2010.

And in July 2011, "Siouxsie Law" had a related post titled "Court rules in favor of blogger -- Comins v. VanVoorhis."

Yesterday, an intermediate state appellate court located in Daytona Beach, Florida issued a decision affirming the entry of judgment in favor of the blogger. Thanks much to a reader who forwarded a copy of yesterday's ruling in an email stating: "F.Y.I., Florida's 5th DCA opined that a blog was a type of media defendant for the purposes of Florida's defamation laws."
Posted at 09:45 AM by Howard Bashman




"SeaWorld loses appeal in killer-whale case": This front page article appears today in The Orlando Sentinel.

CNN.com reports that "SeaWorld appeal of OSHA citations denied."

And at his "Suits & Sentences" blog, Michael Doyle of McClatchy Washington Bureau has a post titled "Court upholds federal safety ruling at SeaWorld of Florida."

My earlier coverage of yesterday's divided three-judge panel D.C. Circuit ruling can be accessed here.
Posted at 09:36 AM by Howard Bashman




"Andrew Auernheimer's computer hacking conviction is overturned by appeals court": Jerry Markon of The Washington Post has this report. In addition, at the newspaper's "The Switch" blog, Andrea Peterson has a post titled "Hacker/troll 'weev' will walk free; But the court didn't rule on the main issue."

At the "Bits" blog of The New York Times, Nick Bilton has a post titled "Appeals Court Overturns Conviction of AT&T Hacker Known as 'Weev.'"

Brendan Sasso of National Journal reports that "This Hacker Is Getting Out of Jail -- But Not For the Reason His Supporters Hoped; Prosecutors claim 'Weev' stole thousands of email addresses from iPad users."

Russell Brandom of The Verge reports that "The internet's biggest troll just beat his conviction."

At Slate's "Future Tense" blog, Joshua Kopstein has a post titled "Court Overturns Controversial Hacker's Conviction, but Dodges the Hard Question."

And at Forbes.com, Kashmir Hill has a post titled "Weev Freed, But Court Punts On Bigger 'Hacking vs. Security Research' Question."

My earlier coverage of yesterday's Third Circuit ruling appears here and here.
Posted at 09:32 AM by Howard Bashman




"California's POM Wonderful takes on Coke over pomegranate juice": Michael Doyle of McClatchy Washington Bureau has this report.
Posted at 09:22 AM by Howard Bashman




Friday, April 11, 2014

"Booking Video: Aaron Swartz Jokes, Jousts With Cops After MIT Bust." Kevin Poulsen has this post today at Wired.com's "Threat Level" blog.
Posted at 09:54 PM by Howard Bashman




"McCutcheon Breeds Cynicism: When it comes to campaign finance, the public's perception of corruption matters; But what if the public doesn't care?" Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:48 PM by Howard Bashman




Legal duo of Ted Olson and David Boies file Fourth Circuit brief for appellees arguing that Virginia's same-sex marriage prohibition is subject to heightened scrutiny and cannot be justified: You can access the brief at this link.
Posted at 09:03 PM by Howard Bashman




"Senate Republicans Slow Judicial Confirmation Process": Todd Ruger has this post today at "The BLT: The Blog of Legal Times."
Posted at 04:50 PM by Howard Bashman




"SCOTUSblog on camera: Orin Kerr -- Part four." You can access the new installment of this five-part interview at this link. Presumably Orin's Third Circuit victory today occurred too late for mention in this segment, so stay tuned for part five, which will likely be posted on Monday.
Posted at 01:54 PM by Howard Bashman




"The five extra words that can fix the Second Amendment": Retired Justice John Paul Stevens has this essay online at The Washington Post.
Posted at 01:52 PM by Howard Bashman




"Justice Department defends Soledad cross; Administration says 9th U.S. Circuit Court of Appeals should rehear case": This article appears today in The San Diego Union-Tribune.
Posted at 01:35 PM by Howard Bashman




"Appeals court finds EPA carbon decision reasonable": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 01:26 PM by Howard Bashman




"Seaworld Loses Appeal of U.S. Ban on Killer Whale Contact": Andrew Zajac of Bloomberg News has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued today.

And at "The BLT: The Blog of Legal Times," Zoe Tillman has a post titled "SeaWorld Loses Appeal in Death of Killer Whale Trainer."

Circuit Judge Brett M. Kavanaugh's dissenting opinion begins:

Many sports events and entertainment shows can be extremely dangerous for the participants. Football. Ice hockey. Downhill skiing. Air shows. The circus. Horse racing. Tiger taming. Standing in the batter's box against a 95 mile per hour fastball. Bull riding at the rodeo. Skydiving into the stadium before a football game. Daredevil motorcycle jumps. Stock car racing. Cheerleading vaults. Boxing. The balance beam. The ironman triathlon. Animal trainer shows. Movie stunts. The list goes on.
Eugene Scalia had argued the appeal for SeaWorld.
Posted at 01:17 PM by Howard Bashman




"U.S. appeals court voids conviction in celebrity iPad hacking": Jonathan Stempel of Reuters has this report.

David Kravets of Ars Technica reports that "Appeals court reverses hacker/troll 'weev' conviction and sentence; Appeals court skirts Computer Fraud And Abuse Act analysis."

The Guardian (UK) reports that "Andrew Auernheimer's conviction over computer fraud thrown out; Lawyers for computer hacker nicknamed 'Weev' were racing to get him out of prison after circuit judge vacated his conviction."

At Wired.com's "Threat Level" blog, Kim Zetter has a post titled "Appeals Court Overturns Conviction of Imprisoned Hacker 'Weev.'"

Gerry Smith of The Huffington Post reports that "Hacker Weev's Chilling Conviction Is Overturned."

At the "Techdirt" blog, Leigh Beadon has a post titled "Appeals Court Reverses Weev Conviction For Incorrect Venue, Avoids Bigger CFAA Questions."

At TechCrunch, Matt Burns has a post titled "Weev Is Free."

And at "Gawker," Michelle Dean has a blog post titled "Andrew 'Weev' Auernheimer's Conviction Thrown Out."

My earlier coverage of today's Third Circuit ruling appears at this link.
Posted at 01:00 PM by Howard Bashman




"Virginia AG files brief supporting gay marriage": The Associated Press has this report.

You can view the brief, filed today in the U.S. Court of Appeals for the Fourth Circuit, at this link.

Update: In other coverage, The Richmond Times-Dispatch has a news update headlined "Herring files brief backing same-sex marriage decision."
Posted at 11:40 AM by Howard Bashman




Weev wins on appeal: The U.S. Court of Appeals for the Third Circuit today issued its ruling in United States v. Auernheimer.

According to the unanimous decision, "Because we conclude that venue did not lie in New Jersey, we will reverse the District Court's venue determination and vacate Auernheimer's conviction."
Posted at 11:28 AM by Howard Bashman




"Justice Alito Talking Baseball": Ed Whelan has this post today at National Review Online's "Bench Memos" blog.
Posted at 11:06 AM by Howard Bashman




"The Narrow (and Proper) Way for the Court to Rule in Hobby Lobby's Favor": Law professors Vikram David Amar and Alan E. Brownstein have this essay online today at Justia's Verdict.
Posted at 10:35 AM by Howard Bashman




"Gummy bear loses latest round in copyright fight": Apparently the court rejected its position as too squishy. The Associated Press has this report.
Posted at 10:28 AM by Howard Bashman




"Bopp doesn't always score at Supreme Court": Maureen Groppe has this article in today's edition of The Indianapolis Star.
Posted at 07:58 AM by Howard Bashman




"Has the Roberts court placed landmark 1964 civil rights law on a hit list?" John Blake of CNN.com has this report.
Posted at 07:56 AM by Howard Bashman




Thursday, April 10, 2014

"U.S. Supreme Court Justice Sotomayor talks about her memoir at Seton Hall": The Record of Hackensack, New Jersey has this report.
Posted at 10:23 PM by Howard Bashman




"NOLA.com | The Times-Picayune turns over information under court order": The Times-Picayune of New Orleans has this news update.
Posted at 10:22 PM by Howard Bashman




"Utah and same-sex marriage: Issues on appeal." Lyle Denniston has this post tonight at "SCOTUSblog."
Posted at 10:20 PM by Howard Bashman




"CIA's use of harsh interrogation went beyond legal authority, Senate report says": Ali Watkins, Jonathan S. Landay, and Marisa Taylor of McClatchy Washington Bureau today have a report that begins, "A still-secret Senate Intelligence Committee report calls into question the legal foundation of the CIA's use of waterboarding and other harsh interrogation techniques on suspected terrorists, a finding that challenges the key defense on which the agency and the Bush administration relied in arguing that the methods didn't constitute torture."
Posted at 10:14 PM by Howard Bashman




"U.S. Court Seems Split on Utah Gay Marriage Ban": Jack Healy will have this article in Friday's edition of The New York Times.
Posted at 08:24 PM by Howard Bashman




"Williams v. Johnson: A neglected cert petition on a very troubling issue." Will Baude has this post today at "The Volokh Conspiracy."

My original post noting the Ninth Circuit's ruling can be accessed here.
Posted at 04:55 PM by Howard Bashman




"We hold that the Sixth Amendment requires reasonable accommodations for hearing-impaired criminal defendants during judicial proceedings and that such accommodations must be commensurate with the severity of the hearing impairment." So ruled a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit in a decision issued today.
Posted at 04:45 PM by Howard Bashman




"SCOTUSblog on camera: Orin Kerr -- Part three." Perhaps it's time to start feeling sad, as only two parts of this interview remain after today's installment.
Posted at 04:22 PM by Howard Bashman




Access online the audio of today's oral argument of the U.S. Court of Appeals for the Tenth Circuit in Kitchen v. Herbert, No. 13-4178: Via this link (11.1MB mp3 audio file).
Posted at 02:57 PM by Howard Bashman




"Appeals court appears split on Utah's same-sex marriage case": Brooke Adams and Marissa Lang of The Salt Lake Tribune have this news update.

Kirk Mitchell of The Denver Post has a news update headlined "10th Circuit arguments on gay marriage ban focus on family and fairness."

Robert Barnes of The Washington Post reports that "Appeals court hears arguments on same-sex marriage ban."

Richard Wolf of USA Today reports that "Appeals court appears divided on same-sex marriage."

The Associated Press reports that "Judges hearing gay marriage case appear divided."

Joan Biskupic of Reuters reports that "Appeals court hears case testing gay-marriage rights."

Joel Rosenblatt and Andrew Harris of Bloomberg News report that "Utah Gay-Marriage Ban Questioned by U.S. Appellate Judges."

And Chris Geidner of BuzzFeed reports that "Federal Appeals Court Hears Arguments Over Utah's Same-Sex Marriage Ban; The three judges hearing the case heard more than an hour of arguments, with two of them leaning toward striking down the state's ban."
Posted at 01:25 PM by Howard Bashman




"U.S. legal fight over same-sex marriages enters new round": Joan Biskupic of Reuters has this report.

Andrew Harris and Joel Rosenblatt of Bloomberg News report that "Utah Gay-Marriage Appeal Seen as Supreme Court Rehearsal."

And Jack Healy of The New York Times has a news update headlined "Federal Court to Consider Utah Ban on Same-Sex Marriage."
Posted at 01:10 PM by Howard Bashman




"All eyes focused on the 10th Circuit Court": Dennis Romboy of The Deseret News has this report.

And Marissa Lang of The Salt Lake Tribune has an article headlined "Rainbow rally calls for equality on eve of same-sex marriage hearing; 10th Circuit Court will hear Utah case Thursday."

Today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit is scheduled to begin at noon eastern time in Denver.
Posted at 08:30 AM by Howard Bashman




Wednesday, April 9, 2014

"The Supreme Court Confirmation Process": Gerard N. Magliocca has this blog post today at "Balkinization."
Posted at 10:08 PM by Howard Bashman




"University challenges athlete unionization": Lyle Denniston has this post tonight at "SCOTUSblog."
Posted at 10:05 PM by Howard Bashman




"Miami Herald Protests New 'Culture Of Censorship' At Guantanamo": Ryan J. Reilly and Michael Calderone of The Huffington Post have this report.
Posted at 10:04 PM by Howard Bashman




"Utah asks appeals court to block judge's orders in adoption cases; Department of Health refused to issue new birth certificate for same-sex couple's child": Brooke Adams of The Salt Lake Tribune has this news update.
Posted at 09:57 PM by Howard Bashman




"Court: Ganim still can't practice law." The Connecticut Post of Bridgeport has a news update that begins, "Joseph Ganim might run for mayor again, but he'd have to do it without a law license."

Edmund H. Mahony of The Hartford Courant has a news update headlined "High Court Dashes Ganim's Efforts To Resume Law Practice."

And The Associated Press reports that "Ex-Bridgeport Mayor Ganim's bid for law license denied by Connecticut Supreme Court."

You can access today's ruling of the Supreme Court of Connecticut at this link.
Posted at 08:44 PM by Howard Bashman




"Supreme Court weighing when online speech becomes illegal threat; High court has never defined online 'speech crime'": David Kravets of Ars Technica has this report today.
Posted at 08:40 PM by Howard Bashman




"Gay marriage appeals move issue back toward high court": Richard Wolf of USA Today has this report.
Posted at 08:37 PM by Howard Bashman




"Comcast Points to Appeals Court Rulings at Hearing on Merger": Todd Ruger has this post today at "The BLT: The Blog of Legal Times."
Posted at 08:14 PM by Howard Bashman




"5th Amendment trumps 1st in prosecution involving unnamed commenters": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.

Although yesterday the U.S. Court of Appeals for the Fifth Circuit issued an unpublished ruling denying The Times-Picayune's petition for writ of mandamus, today the newspaper has filed a motion asking the Fifth Circuit for a stay of the district court's order pending appeal.
Posted at 05:34 PM by Howard Bashman




"SCOTUSblog on camera: Orin Kerr -- Part two." If you weren't among the lucky few who got to visit with Orin in New Orleans earlier this week, you can now visit with him on YouTube, as "SCOTUSblog" has posted online at this link the second part of its five-part interview.
Posted at 05:17 PM by Howard Bashman




"Gangster rap lyrics stir debate at NJ Supreme Court": The Newark Star-Ledger has this news update.

Sometime soon, the video of today's New Jersey Supreme Court oral argument should be available for on-demand viewing via this link.
Posted at 05:14 PM by Howard Bashman




"Hillary Clinton knocks Supreme Court's campaign finance decisions": CNN.com has this blog post.
Posted at 05:10 PM by Howard Bashman




"Are Court Stenographers Necessary?" The New York Times has posted online this "Room for Debate" discussion.
Posted at 04:18 PM by Howard Bashman




"Kasich says state should fight gay-marriage ruling": The Columbus (Ohio) Dispatch has this report.
Posted at 04:16 PM by Howard Bashman




"Same-sex marriage battle escalates to force Supreme Court decision on constitutionality": Robert Barnes of The Washington Post has this news update.
Posted at 04:12 PM by Howard Bashman




"The High Cost of Free Speech": Thomas B. Edsall has this essay online today at The New York Times.
Posted at 02:15 PM by Howard Bashman




Recently arrived in the mail: Today's mail contained a review copy of professor Austin Sarat's book, "Gruesome Spectacles: Botched Executions and America's Death Penalty."

And a few days ago, I received the newly revised Second Edition of Ross Guberman's book, "Point Made: How to Write Like the Nation's Top Advocates."
Posted at 02:11 PM by Howard Bashman




"Wild-card 10th Circuit judge is deciding vote in gay marriage cases": This article appeared in Sunday's edition of The Denver Post.
Posted at 01:34 PM by Howard Bashman




"Two moms, a baby and a legal first for U.S. gay marriage": Joan Biskupic of Reuters has a report that begins, "Last month a baby in Tennessee made history: Emilia Maria Jesty was the first child born in the state to have a woman listed on the birth certificate as her 'father.'"
Posted at 01:11 PM by Howard Bashman




"Gay marriage's win streak tested in higher court": The Associated Press has a report that begins, "The gay marriage movement's winning streak faces its greatest test yet in Denver this week."
Posted at 01:10 PM by Howard Bashman




"In this case the EEOC sued the defendants for using the same type of background check that the EEOC itself uses." So begins a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 01:02 PM by Howard Bashman




"Supreme Court to Decide Whether All Evidence Supporting Removal Under the Class Action Fairness Act Must Be Submitted With The Notice of Removal": Donald Falk has this post at Mayer Brown's "Class Defense" blog.
Posted at 09:46 AM by Howard Bashman




"Unofficial Enforcer of Ruling on Race in College Admissions": Adam Liptak had this new installment of his "Sidebar" column in yesterday's edition of The New York Times.
Posted at 09:44 AM by Howard Bashman




"Prosecutor will appeal need for warrant for GPS": The Columbus (Ohio) Dispatch has this report.
Posted at 09:42 AM by Howard Bashman




"Denver appeals court to hear arguments on Utah's same-sex ban; Utah is appealing a federal judge's ruling that Amendment 3 is unconstitutional": Brooke Adams has this article in today's edition of The Salt Lake Tribune.
Posted at 08:10 AM by Howard Bashman




"Violent rap lyrics to take center stage at NJ Supreme Court": The Newark Star-Ledger has this report. Only time will tell whether this will spur other appellate courts to play walk-on music as the judges or justices take the bench.
Posted at 08:07 AM by Howard Bashman




Tuesday, April 8, 2014

"Don't rush to judge Supreme Court on gay rights or religious rights": Michael McGough has this essay online at The Los Angeles Times.
Posted at 10:44 PM by Howard Bashman




"SCOTUSblog on camera: Orin Kerr -- Part one." "SCOTUSblog" has posted online this video today, the first in a five-part series.
Posted at 10:16 PM by Howard Bashman




"Injunction granted in court fight over new Arizona abortion rules": Howard Fischer of The Arizona Daily Star has this news update.

And The Associated Press reports that "Court extends stay on new Arizona abortion rules."

You can access today's order of a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:12 PM by Howard Bashman




"John Roberts gets the parties started": Jake Sherman and Anna Palmer of Politico.com have this report today.
Posted at 10:08 PM by Howard Bashman




"'Copyright troll' Prenda Law completely bombs at appeals court; Appellate judge is shocked as Prenda's own lawyer can't unwind the 'shell game'": Joe Mullin of Ars Technica has this report.

My earlier coverage of yesterday's Seventh Circuit oral argument (5.56MB mp3 audio file) appears at this link.
Posted at 10:05 PM by Howard Bashman




"U.S. defends cross, but urges delay": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 10:02 PM by Howard Bashman




"Sotomayor Stresses Relationships, Public Service in Georgetown Talk": Georgetown University posted online last week this report with accompanying video.
Posted at 10:00 PM by Howard Bashman




"Same-sex marriage advocates making more noise than traditional marriage supporters": Dennis Romboy of The Deseret News has this report.
Posted at 09:56 PM by Howard Bashman




"Florida Supreme Court will define sex": The Florida Times-Union of Jacksonville has this report today.
Posted at 09:55 PM by Howard Bashman




"Obama admin, company align against N.C. dump's neighbors in Supreme Court showdown": Jeremy P. Jacobs of Greenwire has this report.
Posted at 09:54 PM by Howard Bashman




Programming note: Due to an event that I am attending out of the office this afternoon, additional posts will appear here this evening.
Posted at 01:34 PM by Howard Bashman




"The majority opinion creates a square circuit conflict over whether allegedly erroneous career-offender designations in particular * * * are cognizable on a 28 U.S.C. sec, 2255 petition for collateral review." So states Circuit Judge J. Harvie Wilkinson III in dissent from a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 01:22 PM by Howard Bashman




"Thomas alone on campaign finance?" Law professor Rick Hasen, author of the "Election Law Blog," has this essay today in The Daily Journal, a California-based legal newspaper.

And online today at The Guardian (UK), Hasen has an essay titled "How to reverse a supreme court attack on democracy: fight for voting rights; John Roberts' wrecking ball got you mad as hell? Don't take his court's electoral destruction for granted anymore."
Posted at 12:58 PM by Howard Bashman




"U.S. justice requests generics respond in Copaxone litigation": Lawrence Hurley of Reuters has this report.
Posted at 12:48 PM by Howard Bashman




"How to Secede From the Union, One Judicial Vacancy at a Time; By refusing to help fill the nation's empty trial benches, some senators are intentionally creating a vacuum of federal legal authority": Andrew Cohen has this essay online today at The Atlantic.
Posted at 12:43 PM by Howard Bashman




"Ex-Blackwater Guard Wins Challenge of Manslaughter Indictment": At "The BLT: The Blog of Legal Times," Zoe Tillman has a post that begins, "A federal appeals court in Washington handed the U.S. Department of Justice a loss Monday in its revived prosecution of former private security guards charged with killing Iraqi civilians in 2007."
Posted at 11:11 AM by Howard Bashman




"As to nonresident attorneys, however, [New York law] mandates that they shoulder the additional obligation to maintain some sort of separate office premises within the state." Attorney Ekaterina Schoenefeld's pro se challenge under the Privileges and Immunities Clause of Article IV, section 2 of the U.S. Constitution to this aspect of New York law resulted today in a ruling from the U.S. Court of Appeals for the Second Circuit certifying a question to the Court of Appeals of New York, that state's highest court.

Today's result was not a clear victory for Schoenefeld, as the federal district court had ruled in her favor, holding that this requirement of New York law was unconstitutional because it imposed an impermissible burden on her fundamental right to practice law in New York state.
Posted at 10:40 AM by Howard Bashman




"Rep.: Impeach judge who will overturn gay marriage ban." The Cincinnati Enquirer has this report.
Posted at 10:28 AM by Howard Bashman




"Do states have to disclose lethal injection drugs? Supreme Court refuses case; The rejected appeal to the Supreme Court involved a Louisiana inmate; Some states have developed alternative lethal injection protocols amid difficulties in obtaining the drug pentobarbital." Warren Richey of The Christian Science Monitor has this report.
Posted at 10:27 AM by Howard Bashman




"Jurisprudential Jousting With a Supreme Court Justice; Supreme Court Justice Antonin Scalia on stage with Judge Andrew Napolitano": David Shapiro has this article in today's edition of The Wall Street Journal.
Posted at 10:26 AM by Howard Bashman




"Facebook Case Tests Scope of 'True Threat'": Michelle Olsen has this post today at her "Appellate Daily" blog.
Posted at 10:22 AM by Howard Bashman




"Utah same-sex marriage debate shifts to appeals court Thursday": Dennis Romboy has this article in today's edition of The Deseret News.

And The Salt Lake Tribune reports today that "Utahns' give heartfelt send-off to couples in same-sex marriage case; Plaintiffs and their lawyers are on their way to Denver to make their case before the 10th Circuit Court of Appeals."
Posted at 08:20 AM by Howard Bashman




"Seventh Circuit hears arguments in Prenda attorneys' appeal over $261K sanction order; judge says Lightspeed record is 'troublesome'": The Madison-St.Clair Record has this report.

And at the "fedcivilprocedure" blog, Edward X. Clinton, Jr. has a post titled "Prenda Law Appeal Goes Poorly In Seventh Circuit."

You can access at this link (5.56MB mp3 audio file) the audio of yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 08:14 AM by Howard Bashman




"High court declines photographer's appeal in gay marriage case": This article appears today in The Washington Times.
Posted at 07:56 AM by Howard Bashman




"Court Questions Effort to Desegregate Schools in Cleveland, Miss.; Case Concerning Nearly All-Black Schools in Mississippi City Has Dragged on Since 1965": Jess Bravin has this article today in The Wall Street Journal.
Posted at 07:55 AM by Howard Bashman




Monday, April 7, 2014

"Who Deserves Religious Liberty? What Ross Douthat gets wrong about the Hobby Lobby and gay wedding photography cases." Emily Bazelon has this jurisprudence essay online today at Slate.
Posted at 09:56 PM by Howard Bashman




"We win!" Courthouse News Service reports: The publication has an article headlined "Ninth Circuit Rules for CNS on First Amendment Challenge."

My earlier coverage of today's Ninth Circuit ruling appears at this link.
Posted at 09:54 PM by Howard Bashman




"Fed. Circ. Won't Nix GM, Chrysler Dealers' Takings Suits": Law360 has a report (subscription required for full access) that begins, "The Federal Circuit on Monday refused to dismiss suits accusing the government of ordering General Motors Corp. and Chrysler LLC to renege on franchise contracts with car dealerships as part of bailout and restructuring deals, ruling the plaintiffs might be able to show economic loss."

You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit at this link.
Posted at 09:52 PM by Howard Bashman




"Opening the political money chutes": Law professor Richard L. Hasen, author of the "Election Law Blog," has this essay online at Reuters.
Posted at 05:11 PM by Howard Bashman




"Now He Tells Us: John Paul Stevens Wants to Abolish the Death Penalty; The retired Supreme Court justice would like to add five words to the Eight Amendment and do away with capital punishment in America; It's a shame he didn't vote that way during his 35 years on the Supreme Court." Andrew Cohen has this essay online today at The Atlantic.
Posted at 02:58 PM by Howard Bashman




"Justices Decline Cases on Gay Rights and Campaign Finance": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court will not review New Mexico gay commitment ceremony photo case."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court won't hear appeal of New Mexico gay-bias case."

Richard Wolf of USA Today reports that "Supreme Court won't hear case on gay wedding snub."

Warren Richey of The Christian Science Monitor reports that "Supreme Court declines case of photographer snubbing gay ceremony; The Supreme Court refusal lets stand a series of court rulings in New Mexico finding that the photographer violated a state law that bars discrimination based on sexual orientation."

Bill Mears of CNN.com reports that "Justices reject review of case concerning religious liberty in the marketplace."

And Josh Gerstein of Politico.com has a blog post titled "SCOTUS won't hear gay-marriage photography case."
Posted at 01:52 PM by Howard Bashman




"Otis McDonald, Civil Rights Hero and Second Amendment Champion, 1933-2014": Damon Root has this post today at Reason.com's "Hit & Run" blog.
Posted at 01:44 PM by Howard Bashman




"Courthouse News Sues Ventura Court Clerk Over Press Access": Back in September 2011, Courthouse News Service had this report.

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued a decision reversing a federal district court's dismissal of that lawsuit before reaching the merits.
Posted at 01:42 PM by Howard Bashman




"Utah attorneys fighting for gay marriage are used to winning; As they brace for the next round, attorneys fighting Utah's same-sex marriage ban look to chalk up another victory": Brooke Adams has this front page article in today's edition of The Salt Lake Tribune.

The newspaper also contains an article headlined "Utah's lawyers have resume and resolve to defend traditional marriage; Trio are committed to the cause, not just because it's their job to defend Amendment 3."

And The Associated Press has a report headlined "Face of gay marriage in Utah an unlikely pair."
Posted at 01:32 PM by Howard Bashman




"San Jose Takes Its Hacks Against Baseball; City Challenges MLB's Antitrust Exemption in Effort to Help Oakland Athletics Relocate": Brent Kendall has this article today in The Wall Street Journal.
Posted at 01:28 PM by Howard Bashman




"The Only Form Of Corruption The Supreme Court Cares About Is Almost Impossible To Prosecute": Ryan J. Reilly and Paul Blumenthal of The Huffington Post have this report today.

And at his blog "Jost On Justice," Kenneth Jost has a post titled "Court Opens Door to Yet More Money in Politics."
Posted at 09:40 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 granted review in one new case.

In early news coverage, The Associated Press reports that "Supreme Court to hear class-action dispute"; "High declines appeal over NM gay bias case"; "High court rejects new campaign finance case"; "Court rejects early appeal of surveillance ruling": and "Court declines to hear dispute over Mich. mine."

Lawrence Hurley of Reuters reports that "Supreme Court declines free speech, gay marriage case"; "Supreme Court declines early look at NSA surveillance case"; and "Supreme Court declines to hear Iowa campaign finance challenge."

Greg Stohr of Bloomberg News reports that "Wedding Photographer Rebuffed by Top Court on Same-Sex Ceremony" and "Corporate Contribution Ban Left Intact by U.S. Supreme Court."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court denies case on refusal of gay customers."
Posted at 09:34 AM by Howard Bashman




"Lawsuit targets use of warrantless NSA wiretaps in criminal prosecutions; A Colorado man is the first person to challenge the constitutionality of a law allowing the National Security Agency to tap foreign phone and email conversations that involve Americans": Ken Dilanian has this front page article today in The Los Angeles Times.
Posted at 07:49 AM by Howard Bashman




Sunday, April 6, 2014

"Hannitys on the Bench: Right-wing judges are recycling sound bites from Fox News -- and might still destroy Obamacare." Simon Lazarus has this essay online today at The New Republic.
Posted at 10:46 PM by Howard Bashman




"The human equation: 16 gay Utahns, 8 marriages, 1 theme: love; Stakes are high and personal for these couples and thousands more." Brooke Adams has this front page article today in The Salt Lake Tribune.
Posted at 10:44 PM by Howard Bashman




"Otis McDonald, 1933-2014: Fought Chicago's gun ban; Man who fought Chicago gun ban felt rights had been taken from African-Americans." This obituary appears in The Chicago Tribune.

And The Associated Press reports that "Otis McDonald, lead plaintiff in U.S. Supreme Court case tossing city's handgun ban, dies at 80."
Posted at 10:37 PM by Howard Bashman




"Obama's opportunities to shape Supreme Court fade": Richard McGregor of Financial Times has this report. You can freely access the full text of the article via Google.
Posted at 10:25 PM by Howard Bashman




"Departing White House Counsel Held Powerful Sway": Charlie Savage will have this article in Monday's edition of The New York Times.
Posted at 10:03 PM by Howard Bashman



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