How Appealing


Sunday, April 19, 2015

"Obeying the law starts at the top: If politicians don't treat the law as worthy of respect, don't expect citizens to either." In Monday's edition of USA Today, law professor Glenn Harlan Reynolds will have an op-ed that begins, "Some people are now encouraging President Obama to basically ignore the Supreme Court where its rulings might impede the implementation of Obamacare."
Posted at 08:35 PM by Howard Bashman




"The GOP's new favorite law professor: Obama's mentor." Timothy Cama of The Hill today has an article that begins, "President Obama's law school mentor has emerged as a leading critic of the administration's landmark climate change regulations."
Posted at 05:24 PM by Howard Bashman




"Shriveled grapes, shriveled liberty": Online at The Washington Post, columnist George F. Will has an essay that begins, "In oral arguments Wednesday, the Supreme Court will hear the government defend its kleptocratic behavior while administering an indefensible law."
Posted at 01:34 PM by Howard Bashman




"Remembering The Day The Murrah Building Was Bombed": This audio segment appeared on today's broadcast of NPR's "Weekend Edition Sunday."
Posted at 01:08 PM by Howard Bashman




"Reagan shooter finds rejection, indifference in future home": The Associated Press has this report.
Posted at 01:06 PM by Howard Bashman




"Time hasn't healed all wounds: The bombing of the Alfred P. Murrah Federal Building has had a lasting effect on Oklahoma; Twenty years later, many survivors and people who lost loved ones, co-workers and friends remain in an emotional struggle that doesn't answer to time." Darla Slipke of The Oklahoman has this report. The newspaper's extensive coverage of the bombing's 20th anniversary can be accessed via this link.

And The Los Angeles Times reports that "After Oklahoma City bombing, McVeigh's arrest almost went unnoticed."
Posted at 11:18 AM by Howard Bashman




"In Changing Times, Rethink Life Tenure for Justices": Kenneth Jost has this post online today at his blog, "Jost On Justice."
Posted at 10:56 AM by Howard Bashman




"Gender, not sexuality, matters in marriage fight; Bans on gay unions illegal because they discriminate against men & women, not gays": Law professors Andrew Koppelman and Ilya Somin have this essay online at USA Today.
Posted at 10:52 AM by Howard Bashman




"Supreme Court Justice Samuel Alito gives Pittsburgh, Erie dioceses birth control opt-out win": Peter Smith of The Pittsburgh Post-Gazette has this report.

Ed Palattella of The Erie Times-News reports that "Erie diocese gets temporary stay in birth-control case."

And Natasha Lindstrom of The Pittsburgh Tribune-Review reports that "Justice halts religious groups' birth control opt-out role."

My earlier coverage of Wednesday night's U.S. Supreme Court order can be accessed here.
Posted at 10:33 AM by Howard Bashman




"Utah Supreme Court request could have big implications for state's bid to claim roads on federal land": Kristen Moulton of The Salt Lake Tribune has an article that begins, "Three federal judges are asking the Utah Supreme Court to clarify the meaning of a short section of Utah law that has big implications for counties' claims to roads criss-crossing federal lands."
Posted at 10:27 AM by Howard Bashman




"Nevada appeals court creation forces cut in number of Supreme Court justices": The Las Vegas Review-Journal has this report.
Posted at 10:24 AM by Howard Bashman




"States Can't Get Elite Attorneys to Defend Their Gay Marriage Bans? Good!" Law professors David S. Cohen and Leonore Carpenter have this essay online at Slate.
Posted at 10:22 AM by Howard Bashman




Saturday, April 18, 2015

"FBI overstated forensic hair matches in nearly all trials before 2000": Spencer S. Hsu of The Washington Post has this report.
Posted at 11:03 PM by Howard Bashman




"Voting Rights, by the Numbers": Sunday's edition of The New York Times will contain an editorial that begins, "When the Supreme Court struck down the heart of the Voting Rights Act in 2013, its main argument was that the law was outdated."
Posted at 10:58 PM by Howard Bashman




"40 years later, story of a same-sex marriage in Colo. remains remarkable": Robert Barnes will have this article in Sunday's edition of The Washington Post.
Posted at 10:44 PM by Howard Bashman




"SJC upholds $63m verdict in Children's Motrin case": Jeremy C. Fox and Martin Finucane have this article in today's edition of The Boston Globe.

Neal Simpson of The Patriot Ledger of Quincy, Massachusetts today has a front page article headlined "Court upholds $63M judgment in allergic reaction case."

The Boston Herald has an article headlined "Court OKs $63m award in Children's Motrin case; Rules against Johnson & Johnson."

NJ.com reports that "Judge upholds $63M ruling against Johnson & Johnson for girl's rare reaction."

The Associated Press reports that "Massachusetts highest court upholds $63M judgment against maker of Children's Motrin."

And Sindhu Sundar of Law360.com reports that "J&J Can't Dodge $63M Verdict In Children's Motrin Case" (subscription required for full access).

You can access yesterday's unanimous ruling of the Supreme Judicial Court of Massachusetts at this link.
Posted at 10:09 PM by Howard Bashman




"Amicus: The Politics of Law -- In anticipation of big decisions on marriage equality and Obamacare, many are talking about the balance of political power on the Supreme Court; Is that fair?" Slate today has posted online the new installment of its "Amicus" podcast featuring Dahlia Lithwick, with guests Eric Segall and Adam Liptak.

Segall discusses his recent essay at The Daily Beast titled "The Supreme Rivalry That Runs America: The power struggle between Chief Justice John Roberts and Justice Anthony Kennedy might have more say in this summer's same-sex marriage vote than you think."
Posted at 09:25 PM by Howard Bashman




"Appellate court panel considers states' case against Obama immigration plan": Aaron Nelsen of The San Antonio Express-News has this report. You can freely access the full text of the article via Google.

And Josh Gerstein of Politico.com reports that "Court chilly to Barack Obama immigration moves."

This blog's earlier coverage of yesterday's Fifth Circuit oral argument (129 MB mp3 audio file) can be accessed here and here.
Posted at 10:28 AM by Howard Bashman




"Obamacare repeal falls off Republicans' to-do list as law takes hold": Noam N. Levey of The Los Angeles Times has this report today.
Posted at 10:18 AM by Howard Bashman




"Response to media coverage of Lord Neuberger's lecture 'Fairness in the courts'": Today, the Supreme Court of the United Kingdom issued a news release that begins, "A Supreme Court spokesman said: 'Following various media reports based on a lecture he gave last week, Lord Neuberger would like to emphasise that he did not say that Muslim women should be allowed to wear a full-face veil while giving evidence in court.'"

The news release concludes by stating that "The Supreme Court has written to the editors of the national newspapers which carried inaccurate stories with a letter for publication" and by providing a link to the text of Lord Neuberger's prepared remarks.

My earlier coverage of this matter appeared in this post from yesterday.
Posted at 10:15 AM by Howard Bashman




"Court: Rare coins belong to jeweler's family." Chris Mondics has this front page article in today's edition of The Philadelphia Inquirer.

My earlier coverage of yesterday's divided three-judge panel Third Circuit ruling can be accessed here.
Posted at 10:12 AM by Howard Bashman




"Preview on same-sex marriage -- Part IV, Supporting the state bans": Lyle Denniston has this post -- the fourth in a four-part series -- today at "SCOTUSblog."
Posted at 10:06 AM by Howard Bashman




Friday, April 17, 2015

"Court Orders U.S. Mint to Return Famed Coins to Family; Government confiscated Double Eagle gold coins from Langbord family in 2004": Ashby Jones will have this article in Saturday's edition of The Wall Street Journal. You can freely access the full text of the article via Google.

The Associated Press reports that "Family wins back seized gold coins that could be worth $80M."

And Kurt Orzeck of Law360.com reports that "3rd Circ. Says Feds Must Return Seized Coins Worth $76M" (subscription required for full access).

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 11:35 PM by Howard Bashman




"When Associates Leave Their Jobs to Clerk at the Supreme Court: Four Bancroft associates to leave this summer for the high court and the D.C. Circuit." Tony Mauro of The National Law Journal has this report. You can freely access the full text of the article via Google News.
Posted at 09:33 PM by Howard Bashman




"Oklahoma Gov. Mary Fallin signs bill adding nitrogen gas as state execution method": Barbara Hoberock of The Tulsa World has this news update.
Posted at 09:00 PM by Howard Bashman




"The Rule of History: Magna Carta, the Bill of Rights, and the hold of time." Jill Lepore has this "A Critic at Large" essay in the April 20, 2015 issue of The New Yorker.
Posted at 08:44 PM by Howard Bashman




"Kansas Becomes First State To Ban Second Trimester Abortion Procedure": This audio segment appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 08:40 PM by Howard Bashman




"Death for Boston Marathon bomber Dzhokhar Tsarnaev? It's not the victims' call." Michael McGough of The Los Angeles Times has this report.
Posted at 08:35 PM by Howard Bashman




"Amen, Canada! The Canadian Supreme Court, unlike the United States' Supreme Court, understands that sectarian prayer is sectarian." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:30 PM by Howard Bashman




"Appeals Panel Weighs Fate of Obama's Immigration Overhaul After Intense Hearing": Michael D. Shear of The New York Times has this news update.

David Nakamura of The Washington Post has a news update headlined "Justice lawyers make appeal to lift stay on Obama immigration actions."

The Los Angeles Times has a news update headlined "Constitutional or not? Court weighs Obama's deportation deferrals."

Nathan Koppel of The Wall Street Journal reports that "Obama Administration Appeals Texas Judge's Immigration Order; Justice Department and lawyers for a coalition of 26 mostly Republican states face off at hearing." You can freely access the full text of the article via Google.

And this evening's broadcast of the PBS NewsHour had a video segment titled "What's next for Obama's immigration actions in court?"
Posted at 08:12 PM by Howard Bashman




"Business group, econ profs urge SCOTUS to hear foreign antitrust case": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 03:40 PM by Howard Bashman




"Appeals court hears arguments on Obama immigration action": The Associated Press has a report that begins, "Federal appeals judges peppered lawyers on both sides with questions in a fight over President Barack Obama's move to shield millions of immigrants from deportation."

And Reuters reports that "U.S. appeals court judges skeptical over lifting hold on Obama immigration order."

You can access the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit via this link (129 MB mp3 audio file).
Posted at 03:22 PM by Howard Bashman




"Obama's Immigration Overhaul, Halted by Judge, Comes Before Appeals Court": Michael D. Shear of The New York Times has this report.

The Washington Post reports that "Panel to hear appeal on Obama immigration actions."

The San Antonio Express-News reports that "26 states battling Obama's expanded immigration plan go to court today."

Reuters has reports headlined "Immigration fight heads to federal appeals court" and "Obama lawyers may face favorable court in immigration fight."

And Bloomberg News reports that "Obama Seeks Conservative Court's Relief on Immigration Plan Halt."
Posted at 01:35 PM by Howard Bashman




"Federal appeals court to take up Obama's immigration action": The Associated Press has a report that begins, "As demonstrators gathered Friday outside a New Orleans federal courthouse, appellate judges were preparing to consider whether to lift a temporary hold imposed by a federal judge in Texas on President Barack Obama's executive action seeking to shield millions of immigrants from deportation."
Posted at 12:25 PM by Howard Bashman




"Scalia: Statutes' merit not my call; Justice visits Mountain Home." Bill Bowden of The Arkansas Democrat-Gazette has this report. According to the article, "When asked about media coverage of the Supreme Court, Scalia had plenty to say. 'They don't like conservatives on the court, or anywhere else for that matter,' he said. 'They do a lousy job. You can't expect them to do a good job.'"
Posted at 10:38 AM by Howard Bashman




"DOJ wants Obama immigration actions to proceed while case is appealed": Ariane de Vogue of CNN.com has this report.

And Warren Richey of The Christian Science Monitor reports that "Federal appeals court to take up Obama's executive action on immigration; On Friday, government lawyers will ask the Fifth Circuit Court of Appeals to allow the president's executive action on immigration to move forward while a legal challenge filed by 26 states works its way through the courts."
Posted at 10:35 AM by Howard Bashman




"Gay rights and religious liberty: Can Americans have both? From an Indiana pizzeria to a Washington State florist, America is grappling with a clash between gay rights and religious liberty." Warren Richey of The Christian Science Monitor has this report.
Posted at 10:32 AM by Howard Bashman




"Meeting McVeigh: Given the opportunity to express some measure of remorse, he offered none at all." Kevin Johnson of USA Today has this report, along with an article headlined "Oklahoma bombing legacy: Victims' rights; Tragedy joined survivors, families of dead in making changes that continue today."
Posted at 10:28 AM by Howard Bashman




"US attorney says sentiments of all Marathon victims are important": In today's edition of The Boston Globe, Milton J. Valencia has an article that begins, "The Richard family's public plea for prosecutors to abandon their quest for the death penalty for Boston Marathon bomber Dzhokhar Tsarnaev comes days before jurors are set to return to federal court to begin the grueling process of determining Tsarnaev's punishment."

The article is referring to an essay titled "To end the anguish, drop the death penalty: In Bill and Denise Richard's own words."
Posted at 10:25 AM by Howard Bashman




"Guide to the Amicus Briefs in Obergefell v. Hodges: The Same-Sex Marriage Cases." Ruthann Robson had this post yesterday at the "Constitutional Law Prof Blog."
Posted at 10:18 AM by Howard Bashman




"Let Muslim women wear a full-face veil in court, says head of Supreme Court as he warns over bias against poor and foreign defendants ": The Daily Mail (UK) has an article that begins, "Muslim women should be allowed to wear a full-face veil while appearing in court, Britain's most senior judge has suggested."
Posted at 08:35 AM by Howard Bashman




"New Arizona law puts subsidized health insurance at risk": The Arizona Republic has an article that begins, "Gov. Doug Ducey signed a bill that could jeopardize health insurance for more than 150,000 Arizonans if the U.S. Supreme Court rejects subsidized coverage in Arizona and 33 other states."
Posted at 08:33 AM by Howard Bashman




"Time for Supreme Court transparency: Americans deserve to see their government at work every time the court convenes." U.S. Representative Mike Quigley (D-IL) has this essay online today at USA Today.
Posted at 08:30 AM by Howard Bashman




Thursday, April 16, 2015

"Some Fear Fallout From Preet Bharara's Tension With Judges": James B. Stewart will have this essay in Friday's edition of The New York Times.
Posted at 11:18 PM by Howard Bashman




"Clashes Intensify Over Stalled Nomination of Loretta Lynch": This article will appear in Friday's edition of The New York Times.
Posted at 11:14 PM by Howard Bashman




"The key players in Obama's appeal on deportation deferral program": The Los Angeles Times has an article that begins, "State and federal lawyers on opposite sides of the immigration divide are set to square off in federal appeals court Friday before three judges who will decide whether to lift a temporary stay on President Obama's executive action, which seeks to shield up to 5 million people from deportation."

And The Pittsburgh Tribune-Review reports that "Federal judge who blocked Obama immigration order painted as unbiased."

The oral argument from the injunction order will occur tomorrow morning before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit sitting in New Orleans. When the oral argument audio becomes available online, I will link to it.
Posted at 11:04 PM by Howard Bashman




"3rd Circ. Rules Aaron's Spying Classes Aren't Too Broad": Joe Van Acker of Law360.com has a report (subscription required for full access) that begins, "Consumers accusing Aaron's Inc. and dozens of its franchisees of spying on them through leased computers were wrongly denied class certification by a federal judge who improperly determined that their proposed class couldn't be ascertained because it was overly broad, the Third Circuit ruled Thursday."

You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link. Circuit Judge Marjorie O. Rendell issued a concurring opinion calling on the Third Circuit "to retreat from our heightened ascertainability requirement in favor of following the historical meaning of ascertainability under Rule 23."
Posted at 10:54 PM by Howard Bashman




"Candidates says $500,000 contribution will level the field in GOP primary for Supreme Court": The Associated Press has a report that begins, "A candidate who received the largest single campaign contribution reported so far in Pennsylvania's Supreme Court race said Thursday that the $500,000 will make him competitive in the May 19 Republican primary."
Posted at 10:18 PM by Howard Bashman




"Five key arguments loom in gay marriage case": Richard Wolf of USA Today has this report.
Posted at 09:28 PM by Howard Bashman




"Surf, Cry, Sue: Tort lawyers could burst class-action floodgates unless High Court acts." This editorial will appear in Sunday's edition of The Wall Street Journal. You can freely access the full text of the editorial via Google.
Posted at 09:14 PM by Howard Bashman




"Obama's climate change policy appears to survive early court challenge": David G. Savage of The Los Angeles Times has this report.

Coral Davenport of The New York Times reports that "Judges Skeptical of Challenge to Proposed E.P.A. Rule on Climate Change."

Amy Harder of The Wall Street Journal reports that "Appeals Court Skeptical of Case Against EPA Climate Rule; Judges indicate a lawsuit is premature because the rule isn't final." You can freely access the full text of the article via Google.

And Andrew Zajac of Bloomberg News reports that "Obama Carbon Rule Foes Face Skeptical Judges on Early Filing."
Posted at 09:10 PM by Howard Bashman




"Anita Hill Named Distinguished Faculty Member at Brandeis": Bloomberg News has this report.

Yesterday, Brandeis University issued a news release titled "Anita Hill named University Professor."
Posted at 08:54 PM by Howard Bashman




"Death Penalty For Tsarnaev Increasingly Unpopular, WBUR Poll Finds": WBUR-FM of Boston has this report.
Posted at 07:28 PM by Howard Bashman




"As U.S. gay-marriage battle looms, attorneys fight over fees": Joan Biskupic of Reuters has this report.
Posted at 04:44 PM by Howard Bashman




"U.S. judges raise doubts about early challenge for EPA carbon rules": Reuters has this report.

You can access the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit via this link (57.6 MB mp3 audio file). Laurence H. Tribe presents oral argument approximately 40 minutes into the audio recording.

Update: In other coverage, Jeremy P. Jacobs of Greenwire reports that "Skeptical judges question attack on EPA's proposed rule."
Posted at 03:14 PM by Howard Bashman




"Accused Facebook fraud fugitive still missing, U.S. appeals court hears": Nate Raymond of Reuters has this report.
Posted at 02:51 PM by Howard Bashman




"Ex-justice Orie Melvin sends out apology letters to state judiciary": Paula Reed Ward of The Pittsburgh Post-Gazette has this news update.

And Bobby Kerlik of The Pittsburgh Tribune-Review has a news update headlined "Joan Orie-Melvin sends second round of letters, more contrite, to judges."
Posted at 02:10 PM by Howard Bashman




"Supreme Court Stops Government Mandate for Fifth Time in a Row; Ruling protects Pennsylvania Catholic Charities; nuns may be next": The Becket Fund for Religious Liberty today issued this news release about an order that Justice Samuel A. Alito, Jr. issued last night
Posted at 02:06 PM by Howard Bashman




The Associated Press today provides extensive coverage of the same-sex marriage cases pending before the U.S. Supreme Court: You can access reports headlined "Gay marriage issue complicates immigration, motherhood"; "Legally married at work, but not at home"; "California couple part of Tennessee gay marriage challenge"; "Together 35 years, waiting for the right to marry"; "Lack of legal rights makes raising 2 teens more stressful"; "A new baby pulled NY couple into Ohio gay marriage lawsuit"; and "Michigan gay marriage challenge began as adoption case."
Posted at 01:12 PM by Howard Bashman




"Court skeptical of challenge to Obama's climate change plan": Sam Hananel of The Associated Press has this report.
Posted at 01:04 PM by Howard Bashman




"Va. Supreme Court allows Yelp to keep IDs of online critics private": Frank Green of The Richmond Times-Dispatch has this news update.

The Washington Post has a news update headlined "Yelp won't have to turn over names of anonymous users after court ruling."

The Washington Times has a news update headlined "Yelp can keep negative reviewers' IDs private, Va. Supreme Court rules."

And The Associated Press reports that "Virginia court rules state judge lacked authority to order Yelp to divulge users' identities."

You can access today's ruling of the Supreme Court of Virginia at this link.
Posted at 12:48 PM by Howard Bashman




"The Absurd Charge that Conservatives Have Been Bullied in the Marriage Equality Cases": David H. Gans has this post today at the "Text & History Blog" of the Constitutional Accountability Center.
Posted at 11:22 AM by Howard Bashman




"Mormon couple object to inclusion in U.S. Supreme Court gay marriage case": Jennifer Dobner of The Salt Lake Tribune has this report concerning one of the most unusual amicus briefs filed in these cases.

Zeke J Miller and Haley Sweetland Edwards of Time magazine report that "New Strategy Against Gay Marriage Divides GOP 2016 Field; Activists want to take on the Supreme Court."

And at the "Public Discourse" blog of The Witherspoon Institute, attorney Gene Schaerr has a post titled "Redefining Marriage Would Put Kids of Heterosexuals At Risk."
Posted at 10:58 AM by Howard Bashman




"'100 percent vindication': Ladera Ranch air marshal fired for whistleblowing wins another ruling." The Orange County Register has this report.
Posted at 10:54 AM by Howard Bashman




"State to highlight will of voters in gay marriage case": Oralandar Brand-Williams of The Detroit News has this report, along with an article headlined "Gay couple's marriage battle all about 'our children.'"
Posted at 10:42 AM by Howard Bashman




"Stories of love, life, death in high court gay marriage case": Mark Sherman of The Associated Press has this report.
Posted at 10:33 AM by Howard Bashman




"Justice Sandra Day O'Connor Honored for Promoting Civics Education": Mark Walsh has this post today at the "School Law" blog of Education Week.

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Female Supreme Court Justices Unite in Tribute to Sandra Day O'Connor." You can freely access the full text of the post via Google News.
Posted at 10:02 AM by Howard Bashman




"Fuller could still be impeached, despite dropped charges": Mary Troyan of The Montgomery Advertiser has an article that begins, "U.S. District Judge Mark Fuller has completed a pretrial diversion program and no longer faces a misdemeanor battery charge, but federal judges and Congress are still free to target him for other disciplinary action, including impeachment."

And that newspaper also has a related editorial titled "Fuller's record expunged, but not concerns."
Posted at 09:44 AM by Howard Bashman




"The right finds a fresh voice on same-sex marriage": Robert Barnes of The Washington Post has this report.

And today's broadcast of NPR's "Morning Edition" contained an audio segment titled "A North Dakota Family Breaks The Silence On Gay Marriage."
Posted at 09:23 AM by Howard Bashman




Access online the transcript of the Appellate Rules Hearing held in Washington, DC on April 1, 2015 to consider the pending proposed amendments to the Federal Rules of Appellate Procedure: You can access the transcript via this link. The main topic of discussion was the proposed FRAP briefing word limit reduction.

Once I have read the transcript, I will likely have more to say on the subject. And beginning one week from today in Philadelphia, the Advisory Committee on Appellate Rules is scheduled to hold a two-day meeting. I am planning to attend and observe that meeting so that I can provide readers of this blog with a first-hand account of what occurs.
Posted at 09:20 AM by Howard Bashman




"S.C. Supreme Court agrees to hear multimillion dollar Episcopal lawsuit": The Post and Courier of Charleston, South Carolina has this report.
Posted at 08:14 AM by Howard Bashman




"Obama nominates Minnesota Supreme Court Justice Wilhelmina Wright for federal judge seat": The Minneapolis Star Tribune has this blog post.
Posted at 08:12 AM by Howard Bashman




"The Trials of John Roberts: Supreme Court cases on gay marriage and the Affordable Care Act test the chief justice's commitment to judicial restraint." Jeffrey Rosen has this essay online at The Atlantic.
Posted at 08:09 AM by Howard Bashman




"Speaking Truth to the Supreme Court": Linda Greenhouse has this essay online today at The New York Times.
Posted at 08:03 AM by Howard Bashman




Wednesday, April 15, 2015

"Quebec town can't have prayers at council meetings, Supreme Court rules": The Toronto Globe and Mail has this report.

And The Montreal Gazette reports that "Cities dropping prayers, but politicians in Quebec City stick to crucifix in legislature."

You can access today's ruling of the Supreme Court of Canada at this link.
Posted at 11:36 PM by Howard Bashman




"If the separation of powers means anything, it must mean that the prosecutor isn't allowed to define the crimes he gets to enforce." So writes Circuit Judge Neil M. Gorsuch in a lengthy dissent today from the Tenth Circuit's denial of rehearing en banc in a SORNA case implicating a split with a ruling from the U.S. Court of Appeals for the Eighth Circuit.
Posted at 11:30 PM by Howard Bashman




"Appeals Court Agrees to Review Sirius XM's Challenge Over Pre-1972 Music; The 2nd Circuit will take up the issue of whether New York protects the public performance of older songs -- and whether that violates the U.S. Constitution": Eriq Gardner has this post today at the "Hollywood, Esq." blog of The Hollywood Reporter.
Posted at 10:57 PM by Howard Bashman




"Dismembered Protections: These new abortion bans may be the most dangerous yet." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:54 PM by Howard Bashman




"The 2nd Circuit can't agree on reach of civil RICO. Next stop SCOTUS?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight today has a report that begins, "If there was any doubt about the complexity of applying the U.S. Supreme Court's 2010 ruling in Morrison v. National Australia Bank to the Racketeer Influenced and Corrupt Organizations Act, it was resolved Monday by the 2nd U.S. Circuit Court of Appeals in a case called European Community v. RJR Nabisco."

My earlier coverage of the Second Circuit's recent order denying rehearing en banc, and the opinions concurring in and dissenting therefrom, can be accessed here.
Posted at 06:00 PM by Howard Bashman




"Radio Connects North Dakota Residents Divided On Gay Rights": This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 04:52 PM by Howard Bashman




"Supreme Court Has Opportunity To Halt Lawsuits By Uninjured Plaintiffs": Rich Samp of Washington Legal Foundation has this post today at Forbes.com.
Posted at 01:10 PM by Howard Bashman




"Chief Justice Roberts reports for jury duty in a Maryland court": Robert Barnes and Dan Morse of The Washington Post have this news update.
Posted at 01:05 PM by Howard Bashman




"What to watch for in federal court hearing on EPA carbon rules": Reuters has this report.
Posted at 12:30 PM by Howard Bashman




"The Death Penalty Deserves the Death Penalty": Lincoln Caplan has this post online today at The New Yorker.
Posted at 12:27 PM by Howard Bashman




"The Fifth Circuit Jumps the Non-Article III Shark": Steve Vladeck has this post today at "PrawfsBlawg."

And today at the "Maryland Appellate Blog," Steve Klepper has a post titled "The Judicial Policy Implications of Reckless Driving on Federal Land."

My earlier coverage of yesterday's divided Fifth Circuit ruling appears at this link.
Posted at 12:24 PM by Howard Bashman




"Superior Court panel starts session in Pottsville": The Republican Herald of Pottsville, Pennsylvania has this report, along with an article headlined "Superior Court panel hears 3 county cases."
Posted at 08:40 AM by Howard Bashman




"Appeals court backs Wal-Mart on barring stockholder proposal": The Arkansas Democrat-Gazette has this report.

The Washington Times reports that "Wal-Mart wins gun-sales case against investors who want to bar such purchases."

The Wall Street Journal reports that "Court Lets Wal-Mart Block Investor Proposal on Gun Sales; New York church had challenged sales of semiautomatic rifles." You can freely access the full text of the article via Google.

And Jonathan Stempel of Reuters reports that "Wal-Mart defeats bid for shareholder vote on gun sales."

My earlier coverage of yesterday's Third Circuit order appears at this link.
Posted at 08:34 AM by Howard Bashman




"Proposed Maryland Rule Heads Wrong Way on Unpublished Opinions": David R. Cleveland has this post at the "Appellate Advocacy Blog."
Posted at 08:26 AM by Howard Bashman




"Federal Circuit takes on En Banc Patent Exhaustion Case to Examine Impact of Kirtsaeng and Quanta": Dennis Crouch has this post at "Patently-O."
Posted at 08:23 AM by Howard Bashman




"San Jose takes fight against MLB to U.S. Supreme Court": Howard Mintz of The San Jose Mercury News has this report.
Posted at 08:15 AM by Howard Bashman




"Preview on same-sex marriage -- Part III, Supporting the couples": Lyle Denniston has this post -- the third in a four-part series -- today at "SCOTUSblog."
Posted at 08:14 AM by Howard Bashman




"Ignorance of the Law: A recent Supreme Court ruling allows the kind of traffic stop that led to Walter Scott's death." Cristian Farias has this jurisprudence essay online at Slate.
Posted at 08:10 AM by Howard Bashman




Tuesday, April 14, 2015

May a federal magistrate judge try, convict, and sentence a defendant for a petty offense committed on a federal enclave over the defendant's objection and insistence on an Article III judicial officer? The majority on a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit answered "yes" in a decision issued today.

Circuit Judge Stephen A Higginson issued an interesting dissenting opinion that you can access here.
Posted at 11:58 PM by Howard Bashman




"Guam attorney general directs Public Health to immediately begin processing gay marriage applications": The Pacific Daily News of Guam has this update.

And The Associated Press reports that "Guam to process gay marriage license applications."
Posted at 11:45 PM by Howard Bashman




"Posner Mania -- Two New Books Coming this January: One by Posner, the other on Posner." Ronald K.L. Collins has this post today at "Concurring Opinions."
Posted at 11:42 PM by Howard Bashman




"Sandra Day O'Connor's post-court legacy: Civics games." Greg Toppo of USA Today has this report.
Posted at 10:15 PM by Howard Bashman







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