Monday, November 30, 2015
"Appeals court orders Chicago sheriff to stop attacks on Backpage.com escort business; In which Judge Posner quotes Backpage's 'dom & fetish' section": Joe Mullin of Ars Technica has this report.
"Judge Posner's troubling explanation for his shift on same-sex marriage": Ilya Somin has this post today at "The Volokh Conspiracy."
"Next Chance To Gut Campaign Finance Law Heads For Supreme Court: The ban on 'soft money' donations to state parties is on the line." Paul Blumenthal of The Huffington Post has this report.
Posted at 09:06 PM by Howard Bashman
"2015 Ames Moot Court Competition Gallery": At this link, featuring Chief Justice Elena Kagan.
Posted at 08:47 PM by Howard Bashman
"Scope of National Security Inquiry Is Revealed": In Tuesday's edition of The New York Times, Colin Moynihan and Charlie Savage will have an article that begins, "After a decade of court battles, the Internet entrepreneur who filed the first legal challenge to a type of secret administrative order known as a national security letter revealed on Monday the breadth of an F.B.I. demand in 2004 for information about a customer."
And at the ACLU's "Speek Freely" blog, Jameel Jaffer has a post titled "A Decade-Old Gag Order, Lifted."
Previously, Yale Law School issued a news release titled "Gag Order Lifted on Nicholas Merrill Through MFIA Clinic Case Win." You can learn more about the law school's Media Freedom and Information Access Clinic at this link.
"In Phila., Kane to announce special prosecutors to investigate porn": Angela Couloumbis of The Philadelphia Inquirer has a news update that begins, "Pennsylvania Attorney General Kathleen Kane will use the backdrop of the National Constitution Center Tuesday to announce her choice of special prosecutors to conduct a broader investigation into pornographic emails exchanged on government computers."
And in somewhat related coverage, The Patriot-News of Harrisburg, Pennsylvania reports that "Northumberland County judge blames AG Kane for loss of senior status."
"Will the Supreme Court End Affirmative Action? A Preview of Fisher v. University of Texas at Austin on the Eve of Oral Argument." The Cato Institute will be hosting this event, featuring a number of noteworthy panelists, from 4 to 6 p.m. eastern time on Monday, December 7, 2015.
"Backpage.com wins injunction vs Chicago sheriff over adult ads": Jonathan Stempel of Reuters has this report.
"Judge, his family rise above shooting, cancer; What a year for this Detroit family: Dad was shot, Mom got breast cancer. They should be bitter this week, right? Wrong. The're grateful, and maybe the rest of us could learn from them." Bill Laitner had this post-Thanksgiving article in The Detroit Free Press.
Posted at 04:22 PM by Howard Bashman
"US court rejects Virginia death row inmate's appeal": The Associated Press has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 04:05 PM by Howard Bashman
"FAN 86.2 (First Amendment News) 'Vulgar is not violent' -- Posner enjoins sheriff in online classified advertising case": Ronald K.L. Collins has this post at "Concurring Opinions."
"High court's election-year lineup rich in high-profile cases": Mark Sherman of The Associated Press has this report.
Posted at 03:27 PM by Howard Bashman
"Clarifying what's at stake in al Bahlul (short answer: judge and jury) . . . and what's not." Marty Lederman has this post today at "Just Security."
"Focus Turns to Judge in Latest Appeal of Net Neutrality Rules; David Tatel, who shot down two previous versions of the rule, will help decide the latest challenge": John McKinnon has this article in today's edition of The Wall Street Journal.
Seventh Circuit issues ruling in Backpage.com v. Dart: Circuit Judge Richard A. Posner issued this opinion today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Given the panel's earlier order issued the very next business day after oral argument (discussed in this earlier post), the outcome of today's ruling should not come as any surprise.
"Supreme Court lets stand Texas law limiting online advice from veterinarians about sick pets": David G. Savage of The Los Angeles Times has this news update.
And Reuters reports that "U.S. top court rejects Texas veterinarian's pet-care advice case."
"Both parties agree: 'We are one justice away.'" Steve Benen of msnbc.com has this report today.
Posted at 01:05 PM by Howard Bashman
"Color Blind Constitution: A half-century after Brown v. Board, should the Supreme Court still be in the business of integrating public schools and universities?" Slate has posted online today the new installment of its "Amicus" podcast featuring Dahlia Lithwick.
Posted at 01:02 PM by Howard Bashman
The home page of the U.S. Supreme Court's website now includes a page title: Oh, the excitement you missed if you didn't visit "How Appealing" over the long Thanksgiving weekend (see here, here, and here).
One reader who features the initials "CISSP, ISSAP, CISM" after his name in his email signature -- which I think has something to do with advanced tech knowledge -- emailed me late on Thanksgiving night to argue that "the Supreme Court may actually be ahead of the game here" in not having implemented (as of that moment) a page title for the Court's home page.
"What's Next in the Hawaii Election Case Whose Vote Counting Justice Kennedy Enjoined Friday?" Rick Hasen has this post today at his "Election Law Blog."
Posted at 11:07 AM by Howard Bashman
"FAN 86.1 (First Amendment News) Court Denies Review in Occupational-Speech Case": Ronald K.L. Collins has this post today at "Concurring Opinions."
"After Words with Roberta Kaplan: Roberta Kaplan talked about her book Then Comes Marriage: United States v. Windsor and the Defeat of DOMA." You can view the video of this recent C-SPAN broadcast, in which Zoe Tillman of The National Law Journal interviews Kaplan, at this link.
Access online today's Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases. The Court did, however, call for the views of the Solicitor General in one case.
In Rapelje v. Blackston, No. 15-161, Justice Antonin Scalia issued a dissent, in which Justices Clarence Thomas and Samuel A. Alito, Jr. joined, from the denial of certiorari. The dissent concludes, "The Sixth Circuit seems to have acquired a taste for disregarding AEDPA. We should grant certiorari to discourage this appetite."
In early news coverage, The Associated Press reports that "Justices rebuff Texas veterinarian who gave advice online"; "High court won't review Michigan murder case"; "High court rejects challenge to Hawaii campaign finance laws"; "High court rejects Mexican states' lawsuit over Gulf spill": and "High court rejects fee dispute in Texas redistricting case."
Lawrence Hurley of Reuters reports that "U.S. top court rejects Covidien bid to restore patent verdict against Ethicon."
"When the mother is a soldier: Supreme Court needs to correct a 1950 ruling resulting in military gender discrimination." Tony Mauro has this essay online at USA Today.
Posted at 08:22 AM by Howard Bashman
"Scalia's Zingers Good Copy in Slow News Month": Kenneth Jost had this post yesterday at his blog, "Jost on Justice."
Posted at 08:20 AM by Howard Bashman
"Argument preview: States' legal immunity at stake." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 08:17 AM by Howard Bashman
Sunday, November 29, 2015
"Supreme Court should learn from Prop. 209 mistake": The Fresno Bee has an editorial that begins, "It has been nearly 20 years since California voters banned affirmative action in college admissions. Campus diversity here has never recovered from the chain saw that was Proposition 209."
Posted at 10:30 PM by Howard Bashman
"Should state Supreme Court tell Klan to clean the road or hit the road?" Columnist Joe Hotchkiss of The Augusta (Ga.) Chronicle has this essay.
Posted at 10:28 PM by Howard Bashman
"Dickson reflects on judges, judging, growing up in Hobart": In today's edition of The Times of Munster, Indiana, Dan Carden has a front page article that begins, "Indiana Supreme Court Justice Brent Dickson, a Hobart native, announced Nov. 9 he will retire from the state's high court early next year, a few months before he otherwise would hit the mandatory retirement age of 75."
Posted at 10:24 PM by Howard Bashman
"The Execution of Joseph Wood: An execution of a man in Arizona with a new cocktail of drugs was supposed to take about 10 minutes; It took almost two hours, the longest execution in U.S. history." Bill Whitaker had this segment (transcript) on this evening's broadcast of the CBS News program "60 Minutes."
"Battling the modern American administrative state": In today's edition of The Washington Post, columnist George F. Will has an op-ed that begins, "As the administrative state distorts the United States' constitutional architecture, Clarence Thomas becomes America's indispensable constitutionalist."
Posted at 09:12 PM by Howard Bashman
"Turnover on state Supreme Court isn't expected to overturn rulings": The Post and Courier of Charleston, South Carolina has an article that begins, "The retirement of two South Carolina Supreme Court justices by the end of next year isn't expected to result in immediate or drastic changes in its rulings, primarily because of the importance of legal precedent."
Posted at 09:03 PM by Howard Bashman
"Abortion clinic owner mulls Supreme Court case impact": The Clarion-Ledger of Jackson, Mississippi has a news update that begins, "The fate of Mississippi's lone abortion provider hangs in the balance of the first Supreme Court case in decades to address restrictions on abortion clinics."
Posted at 09:00 PM by Howard Bashman
"Judge to hear Boston Marathon bomber's request for new trial": The Associated Press has this report.
Posted at 08:57 PM by Howard Bashman
"Stephen Breyer, Justice for the Global Age": Albert R. Hunt has this essay online today at Bloomberg View.
Posted at 08:54 PM by Howard Bashman
"Posner: The 14th Amendment is 'Old, Cryptic, or Vague.' But What About Article III?" Josh Blackman has this blog post today.
Posted at 08:12 PM by Howard Bashman
Saturday, November 28, 2015
Access online the contents of the November 2015 issue of The Yale Law Journal: Via this link.
The issue includes a book review written by Seventh Circuit Judge Richard A. Posner titled "Eighteen Years On: A Re-Review" (also available in HTML format), in which Judge Posner re-reviews law professor William N. Eskridge, Jr.'s 1996 book titled "The Case for Same-Sex Marriage: From Sexual Liberty to Civilized Commitment." Judge Posner's original review of the book, from 1997, can be accessed here.
"These 3 judges hold the fate of the Internet in their hands": Brian Fung had this post Tuesday at "The Switch" blog of The Washington Post.
Posted at 08:53 PM by Howard Bashman
"Supreme Court of Canada rules human smuggling laws unconstitutional": In today's edition of The Toronto Globe and Mail, Sean Fine has this article reporting on two rulings (access here and here) that the Supreme Court of Canada issued yesterday.
And in other coverage, Reuters has a report headlined "Canada's top court: some human smugglers can't be denied refugee status."
"Anti-apartheid hero urges Canada to rethink solitary confinement in prisons": Sean Fine has this article in today's edition of The Toronto Globe and Mail.
Posted at 03:28 PM by Howard Bashman
"In Scalia lecture, Kagan discusses statutory interpretation": Harvard Law Today has this report.
"Supreme Court removes judge in Kane feud": In today's edition of The Philadelphia Inquirer, Chris Palmer has a front page article that begins, "The Pennsylvania Supreme Court has removed a senior judge who once presided over many of the state's biggest grand jury investigations, accusing him of judicial misconduct and abandoning his sense of objectivity during a feud with Attorney General Kathleen G. Kane."
Posted at 02:57 PM by Howard Bashman
"That was fast! When Howard Bashman (of our sister site How Appealing) talks, the U.S. Supreme Court listens." So wrote David Lat in his round-up of legal news and blog coverage yesterday evening at "Above the Law."
Posted at 02:53 PM by Howard Bashman
"Lawyers' Class-Action Payouts Face Court Challenge; Case in California would base attorneys' compensation on hours, not a percentage": Sara Randazzo has this article in today's edition of The Wall Street Journal about a case pending in the Supreme Court of California.
"Republicans are running against the Supreme Court. Will Democrats?" Irin Carmon of msnbc.com has this report.
Posted at 02:28 PM by Howard Bashman
"Supreme Court Justice Intervenes in Native Hawaiian Election": Adam Liptak has this article in today's edition of The New York Times.
The Associated Press reports that "Supreme Court justice blocks Native Hawaiian vote count."
Friday, November 27, 2015
"NSA to shut down bulk phone surveillance program by Sunday": Reuters has this report.
Posted at 08:07 PM by Howard Bashman
"Gay marriage is legal but not on tribal lands": The Associated Press has this report.
Posted at 08:05 PM by Howard Bashman
U.S. Supreme Court web site's home page now has a page title: The Court is hard at work today. Justices -- or at least one Justice -- are issuing orders (see, e.g., this one). At his "Election Law Blog," Rick Hasen discusses the order in a post titled "Breaking: Justice Kennedy Enjoins Counting of Ballots in Hawaii Election."
But, perhaps even more extraordinarily, the home page of the Court's web site now has a page title -- namely, "Home - Supreme Court of the United States." Yesterday evening at 10:45 p.m. eastern time, I published a post titled "Does it really require a 'How Appealing' post to convince the U.S. Supreme Court to implement a page title for its home page?"
"Black Tape at Harvard Law": Law professor Randall Kennedy has this op-ed in today's edition of The New York Times.
Posted at 02:01 PM by Howard Bashman
"How to Prosecute Abusive Prosecutors": Brandon Buskey has this op-ed in today's edition of The New York Times.
Posted at 02:00 PM by Howard Bashman
"Supreme Court judge could rule a 'cuckoo in the nest' topples ancient lineage; The decision would have 'startling consequences' for the British aristocracy": Lucy Clarke-Billings of The Telegraph (UK) has this report.
You can learn more about the case, which is now pending before the United Kingdom's Judicial Committee of the Privy Council, at this link.
"Texas immigrants rest case with Supreme Court": Richard Wolf of USA Today has this report.
Posted at 09:40 AM by Howard Bashman
Thursday, November 26, 2015
"The Supremes take up abortion rights, again; Supreme Court must not validate sham law designed to deprive women of safe, legal abortion": Nancy Northup has this op-ed online at USA Today.
Posted at 11:00 PM by Howard Bashman
Does it really require a "How Appealing" post to convince the U.S. Supreme Court to implement a page title for its home page? Some time ago, the U.S. Supreme Court redesigned its web site. Since then, however, the Court's home page has lacked a page title (the text that appears in your web browser tab at the very top of the page).
Instead, at present, the Court's home page title simply reiterates the web site's online address, beginning with the beloved "http" text (at least when using Firefox; other browsers may replicate the address differently in the page title, but none reveals an actual page title for the Court's home page). Other pages within the Court's web site, such as the current Term's orders page, do contain page titles (in this instance, "2015 Term Court Orders").
Because courts have generally exhibited amazing responsiveness in correcting flaws in their online information in response to "How Appealing" posts noting such flaws, I have decided to start the clock on this one at 10:45 p.m. eastern time on Thanksgiving night. Perhaps the Court's home page will sport a title as early as tomorrow, perhaps one won't appear until next week, or perhaps the Court has decided to keep its home page title-less into the foreseeable future.
Update: For what it's worth, the home pages of the Supreme Court of Canada and the Supreme Court of the United Kingdom both have page titles (the former is bilingual, of course).
"The Struggle for Justice on Tribal Lands": In yesterday's edition of The New York Times, Ned Blackhawk had this op-ed discussing the pending U.S. Supreme Court case captioned Dollar General v. Mississippi Band of Choctaw Indians.
Posted at 10:34 PM by Howard Bashman
"In Supreme Court case, university defends race-based policy giving middle-class minorities an edge": David G. Savage of The Los Angeles Times has this report.
Posted at 10:22 PM by Howard Bashman
"Sex After 50 at the Supreme Court": Linda Greenhouse has this essay online today at The New York Times.
Posted at 02:00 PM by Howard Bashman