Category Archives: Tenth Circuit

Tenth Circuit rules that New Mexico’s limits on contributions to independent groups violate First Amendment

by Emil J. Kiehne Posted on December 23, 2013

Last week, in Republican Party of New Mexico v. King (Dec. 18, 2013), the Tenth Circuit upheld an injunction against enforcement of a New Mexico statute (NMSA 1978, § 1-19-34.7(A)(1)) which prevents individuals from making contributions to political committees in excess of $5,000. … Continue reading →

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Jemez Pueblo will ask 10th Circuit to review claim to ownership of Valles Caldera

by Emil J. Kiehne Posted on October 14, 2013

T.S. Last has this story in the Albuquerque Journal, reporting that Jemez Pueblo will appeal the decision by U.S. District Judge Robert Brack to dismiss the Pueblo’s lawsuit to recover ownership of the Valles Caldera. Last year I wrote about the lawsuit here. … Continue reading →

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“Utahn lauded as 10th Circuit appeals court pick”

by Emil J. Kiehne Posted on September 26, 2013

How Appealing has this post about yesterday’s Senate confirmation hearing for Utah Court of Appeals Presiding Judge Carolyn McHugh, who seems likely to be our next judge on the Tenth Circuit. You can read my earlier post about Presiding Judge … Continue reading →

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Obama Administration asks SCOTUS to overrule Tenth Circuit’s decision in Hobby Lobby

by Emil J. Kiehne Posted on September 24, 2013

The Solicitor General has filed this petition for writ of certiorari, asking the Supreme Court to overturn the Tenth Circuit’s en banc decision in Hobby Lobby Stores, Inc. v. Sebelius, which held that for-profit corporations may challenge the Obamacare contraceptive mandate under the … Continue reading →

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Watch those verdict forms, says Tenth Circuit

by Emil J. Kiehne Posted on August 20, 2013

As an appellate lawyer, I have a continuing (and probably unhealthy) obsession with verdict forms. Just like any other jury instruction, they can make or break your appeal. So it’s important to know when you must object to them, and … Continue reading →

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“Last Chance? 10th Circuit Court could decide fate of defunded New Mexico agencies”

by Emil J. Kiehne Posted on August 3, 2013

Dennis Grantham has this report at Behavioral Healthcare about the recent and controversial decision by the New Mexico Human Services Department to defund several mental health care providers over allegations of fraud. United States District Judge Christina Armijo denied the providers’ request … Continue reading →

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President Obama nominates Kansas Supreme Court Justice Nancy Moritz to the Tenth Circuit

by Emil J. Kiehne Posted on August 2, 2013

Yesterday, the White House announced President Obama’s appointment of Kansas Supreme Court Justice Nancy L. Moritz to the Tenth Circuit. The Topeka Capital-Journal has this report on Justice Moritz’s nomination.  If confirmed, Justice Moritz will take the seat vacated by … Continue reading →

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“Former Wyoming Attorney General Greg Phillips born to be a judge, boss says”

by Emil J. Kiehne Posted on July 22, 2013

Joan Barron has this interesting profile of the Tenth Circuit’s newest judge, Gregory Phillips, in the Casper Star-Tribune. The money quote is Judge Phillips’ remark “Give me a stack of cases, a stack of notebooks and a few color marks … Continue reading →

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Senate confirms Wyoming AG Gregory Phillips to the Tenth Circuit

by Emil J. Kiehne Posted on July 10, 2013

The Casper Star-Tribune reports that the U.S. Senate has confirmed Wyoming Attorney General Gregory Phillips’ nomination to the Tenth Circuit by a vote of 88-0.  He will be taking the seat held by Judge Terrence O’Brien, who has taken senior … Continue reading →

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U.S. Senate schedules vote for Wyoming AG’s nomination to the Tenth Circuit

by Emil J. Kiehne Posted on July 2, 2013

The Caspar Star-Tribune has this report stating that the U.S. Senate has scheduled a vote on July 8 on Wyoming Attorney General Gregory Phillips’ nomination to serve on the Tenth Circuit. H/T to How Appealing. For more information, see my … Continue reading →

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