How Appealing


Thursday, March 26, 2015

"Is it legal for US military to scan the public's computers for kid porn? Law-enforcement computer program called RoundUp searches for hashed images." David Kravets of Ars Technica has an article that begins, "A federal appeals court is having second thoughts about its decision frowning on the US Navy for scanning every computer in the state of Washington accessing Gnutella, a large peer-to-peer network."

And at "Just Security," Steve Vladeck has a post titled "Ninth Circuit Grants En Banc Rehearing in Posse Comitatus/Unlawful Surveillance Case."

My earlier coverage of yesterday's Ninth Circuit order granting rehearing en banc can be accessed here.
Posted at 09:38 PM by Howard Bashman




"Inside America's Toughest Federal Prison: For years, conditions inside the United States' only federal supermax facility were largely a mystery; But a landmark lawsuit is finally revealing the harsh world within." Mark Binelli will have this article in this upcoming Sunday's edition of The New York Times Magazine.
Posted at 09:14 PM by Howard Bashman




"Judge halts changes to law giving benefits to gay couples": Bobby Cervantes of The Houston Chronicle has an article that begins, "A Wichita Falls federal district judge on Thursday granted Attorney General Ken Paxton's request to temporarily stop the federal government from revising the Family and Medical Leave Act to include federal employees in same-sex unions."

And Reuters reports that "U.S. court halts Labor Department same-sex couple protections."

You can access today's opinion and order of the U.S. District Court for the Northern District of Texas at this link.
Posted at 09:00 PM by Howard Bashman




"Kim Kardashian, Kanye West Ask Appeals Court for Its Hand in Video Leak Lawsuit; The couple sued YouTube co-founder Chad Hurley for posting video of their marriage proposal, allegedly in violation of a confidentiality agreement": Austin Siegemund-Broka has this post today at the "Hollywood, Esq." blog of The Hollywood Reporter.
Posted at 08:50 PM by Howard Bashman




President Obama seeks to achieve another first in a judicial nominee: Today the White House announced the nomination of Paula Xinis to serve as a U.S. District Judge for the District of Maryland.

Ms. Xinis appears to be very highly qualified for this judicial post. If the U.S. Senate agrees and confirms the nomination, she would become the first Article III judge whose last name begins with the letter X. Don't be Zilly and embark on a Quist to see if any other letters have yet to start the last name of an Article III judge, because X is the only letter without anyone to mark the spot.

Update: In news coverage, Justin Fenton of The Baltimore Sun reports that "Obama nominates Murphy Firm partner for federal bench."
Posted at 06:07 PM by Howard Bashman




"A Few Thoughts on Adnan Syed's Opening Brief": Steve Klepper had this post yesterday at the "Maryland Appellate Blog."

And in other recent coverage, The Baltimore Sun reports that "'Serial' podcast subject Syed makes his case for a new trial."

And USA Today reports that "'Serial' subject blames lawyer in new appeal."
Posted at 05:55 PM by Howard Bashman




"Skeptical judges question industry assault on EPA's carbon capture rule": Jeremy P. Jacobs of Greenwire has this report.

You can access the audio of today's D.C. Circuit oral argument via this link (47.2 MB mp3 audio file).
Posted at 04:22 PM by Howard Bashman




"Court hears appeal in terror-related custody dispute": The Associated Press has this report.
Posted at 03:11 PM by Howard Bashman




"Wal-Mart in no hurry to pay workers after Pennsylvania court loss": The Times Leader of Wilkes-Barre, Pennsylvania has this report.
Posted at 02:00 PM by Howard Bashman




"Kentucky judges weigh whether schools, teachers liable if bullied student commits suicide": The Associated Press has this report.
Posted at 01:56 PM by Howard Bashman




"Nevada Court of Appeals hears first oral arguments": The Las Vegas Review-Journal has this report.
Posted at 01:50 PM by Howard Bashman




"Gov. Mike Pence signs 'religious freedom' bill in private": The Indianapolis Star has this report.
Posted at 01:46 PM by Howard Bashman




"Beating Animals Breaks Law. Now Trying to Expose It Does, Too." Isaac Arnsdorf of Bloomberg News has a report that begins, "An undercover video taped in 2012 showed Idaho dairy workers beating cows, prompting criminal convictions. State lawmakers responded -- by banning undercover videos."
Posted at 01:35 PM by Howard Bashman




When using a contraction in an appellate brief simply can't be avoided: In this decision that the U.S. Court of Appeals for the Ninth Circuit issued today, attorney Dennis M. Bear Don't Walk argued the appeal for the plaintiff-appellee.
Posted at 01:25 PM by Howard Bashman




"When Deciding Gay Marriage, SCOTUS Should Listen to John Roberts' Confirmation Hearing": Judith E. Schaeffer has this essay online at Slate.
Posted at 12:12 PM by Howard Bashman




"Holmes' bill targets Kan. Supreme Court": Today's edition of The Hutchinson News contains a front page article that begins, "State Sen. Mitch Holmes, R-St. John, has called for legislation to expand significantly the grounds for impeachment of Kansas Supreme Court justices."
Posted at 10:33 AM by Howard Bashman




"Constitution Check: Is the Supreme Court promoting race bias in election districting?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:27 AM by Howard Bashman




"The Lawsuit That Could Take Down Obamacare Has A Paper-Trail Problem": Sam Stein of The Huffington Post has this report.
Posted at 10:24 AM by Howard Bashman




"Tennessee judge's epic firsts are historic, unparalleled": The Tennessean has published this profile of Senior Sixth Circuit Judge Martha Craig Daughtrey.
Posted at 10:18 AM by Howard Bashman




"Reunited 2 Live Crew Talk Running From the Cops, Winning in the Supreme Court; Infamous Miami trio share their wildest road story and break down the evolution of their 'nasty' sound": Jesse Serwer has this report online at Rolling Stone.
Posted at 10:14 AM by Howard Bashman




Wednesday, March 25, 2015

"Bob Menendez, facing DOJ indictment, undecided on Loretta Lynch; New Jersey Democrat's vote could be crucial for confirming Obama's attorney general nominee": Manu Raju and Burgess Everett of Politico.com have this report.
Posted at 10:55 PM by Howard Bashman




"Supreme Court Rules On Two Closely-Watched Discrimination Cases": Carrie Johnson had this audio segment on today's broadcast of NPR's "All Things Considered."
Posted at 10:02 PM by Howard Bashman




Ninth Circuit to rehear en banc three-judge panel's reversal of child pornography conviction due to NCIS's Posse Comitatus Act violation: You can access today's order of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc at this link.

My earlier coverage of the divided three-judge panel's ruling in the case can be accessed here, here, and here.

Soon after the panel's ruling issued, The New York Times covered the decision in an article headlined "Child Pornography Case Spurs Debate on Military's Role in Law Enforcement."
Posted at 09:47 PM by Howard Bashman




"Supreme Court Appears Divided on EPA Rules to Limit Mercury Emissions; Should $9.6 Billion in Annual Costs Have Been Part of Initial Evaluation?" Brent Kendall of The Wall Street Journal has this report.

Richard Wolf of USA Today reports that "Justices ask if clear air rules are 'appropriate.'"

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument analysis: EPA may be a vote short -- or not."
Posted at 09:26 PM by Howard Bashman




"Ted Cruz 'still weighing options' on Obamacare": Politico.com has a report that begins, "Sen. Ted Cruz hasn't made a final decision on whether he will sign up for Obamacare but will make up his mind 'in the coming days,' a spokesman said Wednesday."
Posted at 09:16 PM by Howard Bashman




"Justices revive case claiming UPS discriminated against pregnant worker": Robert Barnes and Brigid Schulte of The Washington Post have this report.

Jess Bravin of The Wall Street Journal reports that "Supreme Court Sides With Worker in Pregnancy Discrimination Case; Former UPS driver says she wasn't accommodated when she was pregnant."

Warren Richey of The Christian Science Monitor reports that "Supreme Court rules in favor of protecting pregnant women in UPS case."

The Guardian (UK) reports that "Supreme court sides with former UPS driver in pregnancy discrimination suit."

Brian Mahoney of Politico.com reports that "Supreme Court lightens load for pregnant employees."

Dave Jamieson of The Huffington Post reports that "Supreme Court Sides With Pregnant Workers."

The Hill reports that "SCOTUS sends UPS discrimination case back to lower court."

Claire Suddath of Bloomberg News reports that "Peggy Young Won Her Pregnancy Discrimination Case Against UPS, Sort Of; The Supreme Court has sent the case back to the lower court."

Online at The New Republic, Rebecca Leber has an essay titled "The Supreme Court Just Sided with Pregnant Working Women."

And online at The Daily Beast, Jay Michaelson has an essay titled "Young v. United Parcel Service: For Conservative Reasons, Supreme Court Rules For Pregnant Women -- And Against Corporations."
Posted at 09:10 PM by Howard Bashman




"Supreme Court Rules Against Alabama in Redistricting Case": Adam Liptak will have this article in Thursday's edition of The New York Times.

And Warren Richey of The Christian Science Monitor reports that "Supreme Court sends key voting rights case back to Alabama."
Posted at 08:47 PM by Howard Bashman




"California Seeks to Head Off Initiative to Execute Gays": Adam Nagourney of The New York Times has an article that begins, "The California attorney general, Kamala D. Harris, moved Wednesday to block a proposed voter initiative that would mandate the execution of sexually active gay men and women, calling it 'patently unconstitutional' and a threat to public safety."
Posted at 08:32 PM by Howard Bashman




"Reasonable Accommodations: Do the lives of the mentally ill matter to the Supreme Court?" Cristian Farias has this jurisprudence essay online at Slate.
Posted at 08:22 PM by Howard Bashman




"6th Circ Affirms Ink Pricing Injunction Against Kodak": Kelly Knaub of Law360.com has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 08:20 PM by Howard Bashman




"Court's lone black justice rails against 'racial quotas'": Richard Wolf of USA Today has this report.
Posted at 08:07 PM by Howard Bashman




"A Pregnant Worker's Right to Sue: The Supreme Court compromises a smart new rule into existence." Dahlia Lithwick has this jurisprudence essay online at Slate.

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: Fashioning a remedy for pregnancy bias."
Posted at 08:00 PM by Howard Bashman




"Supreme Court appears split over EPA toxics standards": Jeremy P. Jacobs of Greenwire has this report.
Posted at 04:16 PM by Howard Bashman




"Supreme Court Delivers for Pregnant Workers": Law professor Noah Feldman -- who currently seems to be the hardest working legal commentator around -- has this essay online at Bloomberg News.
Posted at 03:00 PM by Howard Bashman




Access online the transcript of today's U.S. Supreme Court oral argument in Michigan v. EPA, No. 14-46: At this link.
Posted at 02:00 PM by Howard Bashman




"Judge Chin Honored at Asian Pacific American Law Students Association Event": Georgetown Law issued this news release yesterday.
Posted at 01:56 PM by Howard Bashman




"Supreme Court rules against Alabama redistricting plan": Robert Barnes of The Washington Post has this report.

Timothy M. Phelps of The Los Angeles Times reports that "High court says Alabama may have improperly redistricted black voters."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Casts Doubt on Alabama Voter-Redistricting Plan; Lower court to again review claim legislature packed black voters into handful of districts."

Brian Lyman of The Montgomery Advertiser reports that "U.S. Supreme Court rules against Ala. redistricting."

Mike Cason of AL.com has an article headlined "Will Alabama have to hold new Senate and House elections?"

Greg Stohr of Bloomberg News reports that "Court Revives Suit Over Republican-Drawn Alabama Voting Map; The nation's highest court gives a partial victory to Democrats and black lawmakers."

And Tarini Parti of Politico.com has a report headlined "Supreme Court: Alabama may have illegally packed black voters into legislative districts."
Posted at 01:44 PM by Howard Bashman




"UPS Worker's Pregnancy Discrimination Suit Reinstated by Supreme Court": Adam Liptak of The New York Times has this report.

Timothy M. Phelps of The Los Angeles Times reports that "Pregnant woman's lawsuit against UPS revived by Supreme Court."

And Greg Stohr of Bloomberg News reports that "Pregnant Workers Backed by U.S. Supreme Court in UPS Case."
Posted at 01:28 PM by Howard Bashman




"Iran Case Is So Secret It Can't Go On": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 01:12 PM by Howard Bashman




"Justices seem divided over EPA mercury limits": Mark Sherman of The Associated Press has this report.

Lawrence Hurley of Reuters reports that "U.S. justices divided over challenge to mercury air pollution rule."

Greg Stohr of Bloomberg News reports that "Top U.S. Court Questions EPA Emissions Limits for Power Plants."

And Adam Liptak of The New York Times reports that "Division Seen in Supreme Court on Pollution Limits."
Posted at 01:07 PM by Howard Bashman




"Voices: The high court reigns supreme." Richard Wolf of USA Today has this report.
Posted at 12:57 PM by Howard Bashman




"Opinion analysis: A small victory for minority voters, or a case with 'profound' constitutional implications?" Richard Hasen has this post at "SCOTUSblog."
Posted at 12:54 PM by Howard Bashman




"Flag waiving: Free speech and licence plates." Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 10:32 AM by Howard Bashman




"Abortion politics threaten bipartisan bills in Congress": Erin Kelly of USA Today has an article that begins, "Abortion politics are threatening to derail bipartisan agreements to fight human trafficking and prevent a dramatic drop in Medicare payments for doctors as the fight over the polarizing issue moves to new fronts."
Posted at 10:26 AM by Howard Bashman




"How Biased Towards Libertarianism is the US Constitution?" Michael Dorf has this blog post today at "Dorf on Law" discussing his essay online today at Justia's Verdict titled "Economic Libertarian Constitutionalism Never Really Died."
Posted at 10:24 AM by Howard Bashman




Access online today's rulings of the U.S. Supreme Court in argued cases: The Court today issued rulings in two argued cases.

1. Justice Stephen G. Breyer delivered the opinion of the Court in Young v. United Parcel Service, Inc., No. 12-1226. Justice Samuel A. Alito, Jr. issued an opinion concurring in the judgment. Justice Antonin Scalia issued a dissenting opinion, in which Justices Anthony M. Kennedy and Clarence Thomas joined. And Justice Kennedy also issued a dissenting opinion. You can access the oral argument via this link.

2. And Justice Breyer delivered the opinion of the Court in Alabama Legislative Black Caucus v. Alabama, No. 13-895. Justice Scalia issued a dissenting opinion, in which Chief Justice John G. Roberts, Jr. and Justices Thomas and Alito joined. Justice Thomas also issued a dissenting opinion. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "High court sends Alabama redistricting case back for review" and "Justices side with ex-UPS worker who claims pregnancy bias."

Lawrence Hurley of Reuters reports that "U.S. justices throw out ruling that upheld Alabama redistricting plan" and "U.S. Supreme Court revives pregnant worker's case against UPS."

Richard Wolf of USA Today reports that "Supreme Court disallows political maps that pack blacks" and "Justices say pregnant workers can seek accommodations."

And Ariane de Vogue of CNN.com has a report headlined "Supreme Court: Pregnancy discrimination case resurrected."
Posted at 10:03 AM by Howard Bashman




"Supreme Court hears arguments in dispute over EPA mercury rule": David G. Savage of The Los Angeles Times has this report.

Richard Wolf of USA Today reports that "Obama, opponents take air pollution fight to high court."

The Detroit News reports that "Michigan case pits health against power reliability."

The Cleveland Plain Dealer reports that "U.S. Supreme Court to decide whether cost to cut air pollution outweighs health benefits."

The Hill reports that "EPA regulations face new test at high court."

On today's broadcast of NPR's "Morning Edition," Nina Totenberg has an audio segment titled "Obama Administration Emissions Rules Face Supreme Court Test."

At "SCOTUSblog," Lyle Denniston has a post titled "Argument preview: EPA, on the defensive again."

At "FiveThirtyEight," Oliver Roeder has a post titled "The 'War On Coal' Comes To The Supreme Court."

And online at The New Republic, Rebecca Leber has an essay titled "This EPA Rule Will Save Thousands of Lives -- if the Supreme Court Upholds It."
Posted at 09:00 AM by Howard Bashman




"Labor board still grappling with Supreme Court defeat": Tim Devaney of The Hill has this report.
Posted at 08:40 AM by Howard Bashman




"Justices Rule Opinions May Sometimes Be Basis for Securities Fraud Suits": Adam Liptak has this article in today's edition of The New York Times.

Brent Kendall of The Wall Street Journal reports that "High Court Gives Omnicare Another Shot at Stopping Investor Suit; Case examined whether companies can be sued for securities registration statements that prove incorrect."

The Los Angeles Times reports that "Supreme Court separates facts from opinion in Omnicare ruling."

Greg Stohr of Bloomberg News reports that "Investor Suits Limited by Top U.S. Court in Omnicare Case."

Courthouse News Service reports that "Mixed Bag in SCOTUS for Omnicare Shareholders."

Alison Frankel's "On the Case" from Thomson Reuters News & Insight reports that "Justices stick to middle of the road in Omnicare securities opinion."

And at Forbes.com, Daniel Fisher has a post titled "Supreme Court Protects 'Opinions' From Suit -- Unless They're Contradicted By The Facts."
Posted at 08:34 AM by Howard Bashman




"U.S. Appeals Court Backs Accreditor's Decision Against a Massage School": The Chronicle of Higher Education has this blog post about a ruling that the U.S. Court of Appeals for the Fourth Circuit issued yesterday.
Posted at 08:10 AM by Howard Bashman




Tuesday, March 24, 2015

"High court denies Houston couple's request to dismiss federal charges in 'animal crush video' case": The Houston Chronicle has this report.
Posted at 10:33 PM by Howard Bashman




"Utah's adoption of firing squads bucks global trend": The Associated Press has this report, along with an article headlined "Lawmakers mull nitrogen gas for executions in Oklahoma."
Posted at 10:26 PM by Howard Bashman




"On Judicial Candor, Judge Posner, and the Supreme Court": Eric Segall had this blog post yesterday at "Dorf on Law."
Posted at 10:15 PM by Howard Bashman




"Major trials prompt calls for cameras in federal courtrooms": The Associated Press has this report.
Posted at 10:12 PM by Howard Bashman




"Cruz to sign up for government health care": The Des Moines Register has an article that begins, "Ted Cruz, one of the loudest critics of Obamacare, will soon be using it for health insurance coverage."
Posted at 10:07 PM by Howard Bashman




"Supreme Court: TTAB Decisions Create Issue Preclusion for Later Litigation." Dennis Crouch has this post today at "Patently-O."
Posted at 09:30 PM by Howard Bashman




"U.S. Supreme Court to consider Baton Rouge case to re-evaluate life sentences for murders by juveniles": The Advocate of Baton Rouge, Louisiana has this report.
Posted at 09:26 PM by Howard Bashman




"The Five Worst Supreme Court Justices In American History, Ranked": Ian Millhiser has this essay online today at ThinkProgress.
Posted at 09:20 PM by Howard Bashman




"What Should Clean Air Cost? The Supreme Court's surprising decision to hear a challenge by big coal." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:06 PM by Howard Bashman




"Appeals court sets arguments in Obama immigration suit": Josh Gerstein of Politico.com has a blog post that begins, "A federal appeals court announced Tuesday that it will hold an unusual oral argument session next month on the question of whether to stay a judge's order blocking President Barack Obama from carrying out new immigration executive actions he put forward last year."

And The Associated Press reports that "Appeals court sets April hearing on Obama immigration action."
Posted at 08:57 PM by Howard Bashman




"Chicago-based lawyer reflects on historic U.S. Supreme Court free speech win": David L. Hudson Jr. has this post online at the Newseum Institute.
Posted at 04:55 PM by Howard Bashman




"DOJ environment chief unbowed as Obama's agenda faces heavy fire": Jeremy P. Jacobs of Greenwire has this report.
Posted at 04:52 PM by Howard Bashman




"A Company's Opinion Isn't Always a Lie": Law professor Noah Feldman has this essay online at Bloomberg View.

Feldman also has an essay titled "Can the Court Rescue Drowning Homeowners?"
Posted at 02:05 PM by Howard Bashman




"Edmonton bail hearing starts Tuesday in case of convicted terrorist Omar Khadr": The Edmonton Journal has this report.

Sean Fine of The Toronto Globe and Mail reports that "Convicted terrorist Omar Khadr to make case for release on bail."

The Toronto Star reports that "Omar Khadr seeks bail while his case is appealed in U.S.; The former Guantanamo detainee will appear in an Edmonton courtroom Tuesday, seeking to be freed after nearly 13 years in custody."

CBC News reports that "Omar Khadr seeks bail while appealing U.S. war crime conviction; Lawyer Dennis Edney to ask Edmonton court today that his client be allowed out on bail to study."

And The Canadian Press reports that "Omar Khadr has right to bail like any other prisoner, lawyer argues."
Posted at 01:58 PM by Howard Bashman




"The Howard Shipley case: A lesson for others." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 01:44 PM by Howard Bashman




"The Case for the Firing Squad: As Utah brings back execution by bullet, and other states weigh a change, some argue that the firing squad is the most humane method." Matt Stroud of Bloomberg News has this report.
Posted at 01:42 PM by Howard Bashman




"U.S. court asked to weigh fate of captive killer whale in Florida": Reuters has this report.

And David Ovalle of The Miami Herald reports that "Activists fighting to free Lolita tell court that feds 'rubber stamp' Seaquarium license."
Posted at 01:36 PM by Howard Bashman




"Obama mercury air pollution rule faces test at U.S. top court": Lawrence Hurley of Reuters has this report.
Posted at 01:33 PM by Howard Bashman




"High court limits securities suits over deceptive comments": Sam Hananel of The Associated Press has this report.

And Lawrence Hurley of Reuters has a report headlined "Moment of truth: Omnicare wins U.S. case over 'untrue' statements."
Posted at 01:15 PM by Howard Bashman




"Power Companies Seek to End Losing Streak on EPA at Top U.S. Court": Greg Stohr and Mark Drajem of Bloomberg News have this report.
Posted at 01:14 PM by Howard Bashman




"Appeals court to hear case of Lolita, Miami Seaquarium's killer whale": David Ovalle of The Miami Herald has an article that begins, "A federal appeals court will entertain arguments Tuesday in a lawsuit challenging the captivity of Lolita, the killer whale who has performed at the Miami Seaquarium for decades."
Posted at 10:52 AM by Howard Bashman




Access online today's rulings of the U.S. Supreme Court in argued cases: The Court today issued rulings in two argued cases.

1. Justice Elena Kagan delivered the opinion of the Court in Omnicare, Inc. v. Laborers Dist. Council Constr. Industry Pension Fund, No. 13-435. Justice Antonin Scalia issued an opinion concurring in part and concurring in the judgment. And Justice Clarence Thomas issued an opinion concurring in the judgment. You can access the oral argument via this link.

2. And Justice Samuel A. Alito, Jr. delivered the opinion of the Court in B&B Hardware, Inc. v. Hargis Industries, Inc., No. 13-352. Justice Ruth Bader Ginsburg issued a concurring opinion. And Justice Thomas issued a dissenting opinion, in which Justice Scalia joined. You can access the oral argument via this link.
Posted at 10:04 AM by Howard Bashman




"Foley Partner Escapes Punishment in Supreme Court": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 08:44 AM by Howard Bashman




"Two Supreme Court Justices Say Criminal-Justice System Isn't Working; Justice Breyer says mandatory minimum sentences are 'a terrible idea'": Jess Bravin of The Wall Street Journal has this report.
Posted at 08:40 AM by Howard Bashman




"Supreme Court won't review Pa. preemption ruling for reference drug": Jessica Dye of Reuters has this report.
Posted at 08:35 AM by Howard Bashman




"This Gay Rights Group Wants The Supreme Court To Shut It Down": Amanda Terkel of The Huffington Post has an article that begins, "If everything goes as he hopes, Evan Wolfson will soon be out of a job."
Posted at 08:32 AM by Howard Bashman




"Herbert's signature finalizes return of Utah's firing squad": The Deseret News has this report.

The Salt Lake Tribune reports that "Utah governor signs 55 bills into law, brings back firing squad."

And The Associated Press reports that "Utah to use firing squads if lethal drugs are unavailable."
Posted at 08:30 AM by Howard Bashman




"States ask court to keep block on Obama immigration orders": Josh Gerstein of Politico.com has a blog post that begins, "Governors and attorneys general representing 26 states Monday formally urged a federal appeals court not to stay a judge's injunction barring President Barack Obama from going forward with a series of immigration policy changes aimed at giving quasi-legal status and work permits to millions more illegal immigrants."
Posted at 08:14 AM by Howard Bashman




Monday, March 23, 2015

"Justices' Foley Warning Shows Attys Must Rein In Clients": Ryan Davis of Law360.com has an article (subscription required for full access) that begins, "While a Foley & Lardner LLP partner who filed a jargon-filled petition mostly written by a client escaped U.S. Supreme Court sanctions Monday, the justices nonetheless put attorneys on notice that they have a responsibility not to simply rubber-stamp convoluted filings if a client insists, experts say."
Posted at 11:23 PM by Howard Bashman




"Wal-Mart wants U.S. Supreme Court to overturn Pa. wage case": Jane M. Von Bergen of The Philadelphia Inquirer has an article that begins, "Wal-Mart has asked the U.S. Supreme Court to overturn a December decision by the Pennsylvania Supreme Court to approve a $151 million class-action award to employees in the state for unpaid wages and damages."
Posted at 11:14 PM by Howard Bashman




"Justices Look for Reasoning Behind Texas Ban on Confederate License Plate": Adam Liptak will have this article in Tuesday's edition of The New York Times.

Robert Barnes of The Washington Post has an article headlined "Censorship vs. free speech on specialized license plates in Texas."

David G. Savage of The Los Angeles Times reports that "Justices reluctant to force Texas to issue Confederate license plates."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Grapples With Specialty License Plate Case; A lawyer argued Texas must issue plates showing Confederate battle flag." You can freely access the full text of the article via Google.

Greg Stohr of Bloomberg News reports that "Confederate-Flag Plate Case Offers Top Court No Easy Answer."

On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Justices Debate Place Of Offensive Language On License Plates."

Online at Slate, Mark Joseph Stern has a Supreme Court dispatch titled "Lost Cause: Do devotees of the Confederacy have a First Amendment right to put the rebel battle flag on their license plates?"

And online at Bloomberg View, law professor Noah Feldman has an essay titled "Rebel Yells and License Plates."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Walker v. Texas Div., Sons of Confederate Veterans, Inc., No. 14-144.
Posted at 11:04 PM by Howard Bashman




"Court to try again on juveniles' life sentences": Lyle Denniston has this post at "SCOTUSblog."

And David G. Savage of The Los Angeles Times reports that "High court to decide whether young murderers can one day go free."
Posted at 09:47 PM by Howard Bashman




"Wisconsin Decides Not to Enforce Voter ID Law; Supreme Court Deflines to Hear Challenge to Wisconsin Voter ID Law": Adam Liptak will have this article in Tuesday's edition of The New York Times.

Robert Barnes and Mark Berman of The Washington Post report that "Supreme Court lets Wisconsin's voter-ID law stand."

Brent Kendall of The Wall Street Journal reports that "Court Won't Hear Challenge to Wisconsin's Voter-ID Law; State Republican lawmakers enacted tighter voter requirement in 2011."

Warren Richey of The Christian Science Monitor reports that "Wisconsin voter ID law survives Supreme Court challenge."

Jason Stein and Patrick Marley of The Milwaukee Journal Sentinel reports that "U.S. Supreme Court refuses to take up challenge to Wisconsin voter ID law; But law won't be in effect for April 7 election."

Eric Bradner of CNN.com reports that "Supreme Court keeps Wisconsin voter ID law in place."

Greg Stohr of Bloomberg News reports that "Wisconsin Voter-ID Law Stands as Supreme Court Rejects Appeal; The justices give a victory to Republicans, including Wisconsin Governor Scott Walker."

And Samantha Lachman of The Huffington Post reports that "Supreme Court Won't Consider Challenge To Wisconsin Voter ID Law."
Posted at 09:40 PM by Howard Bashman




"Supreme Court weighs S.F. police shooting of mentally ill woman": Bob Egelko of The San Francisco Chronicle has this report.

David G. Savage of The Los Angeles Times reports that "Supreme Court confronts case of mentally ill suspect shot by police."

And Lyle Denniston of "SCOTUSblog" has a post titled "Argument analysis: Can a really rough start be overcome?"

You can access at this link the transcript of today's U.S. Supreme Court oral argument in City and County of San Francisco v. Sheehan, No. 13-1412.
Posted at 09:18 PM by Howard Bashman




"U.S. justices voice support for criminal justice reform": Lawrence Hurley of Reuters has this report.
Posted at 09:03 PM by Howard Bashman




"Ted Cruz, a Smart Conservative With Sharp Elbows": In Tuesday's edition of The New York Times, Ashley Parker and Maggie Haberman will have an article that begins, "Back in late 2000, Ted Cruz found himself with one of the hottest tickets in town. As a former clerk to Chief Justice William H. Rehnquist, Mr. Cruz, a junior aide on George W. Bush's presidential campaign, had scored a seat inside the Supreme Court for the oral arguments in Bush v. Gore, which would decide the election."
Posted at 04:32 PM by Howard Bashman




"Supreme Court Fiscal Year 2016 Budget: Justices Anthony Kennedy and Stephen Breyer testified on the Supreme Court fiscal year 2014 budget and the federal judiciary system." Via C-SPAN, you can access the video of this just-concluded video by clicking here.
Posted at 04:23 PM by Howard Bashman




"High Court Dumps 1 Of 3 Pa. Reglan Preemption Petitions": Dan Packel of Law360.com has an article (subscription required for full access) that begins, "The U.S. Supreme Court said Monday that it would not hear one of three pending petitions seeking review of a Pennsylvania appellate court ruling that the product liability claims of thousands of generic Reglan users weren't necessarily preempted by federal law."
Posted at 02:23 PM by Howard Bashman




"Supreme Court considers impact of disability law on police": Sam Hananel of The Associated Press has this report.
Posted at 01:48 PM by Howard Bashman




"Justices frown on state censorship of license plates": Richard Wolf of USA Today has this report.

David G. Savage of The Los Angeles Times reports that "Supreme Court voices skepticism over Confederate license plates."

Mark Sherman of The Associated Press reports that "Justices struggle with free speech case over license plates."

Lawrence Hurley of Reuters reports that "U.S. top court wrestles over Confederate flag license plate."

Michael Lindenberger of The Dallas Morning News has a blog post titled "Supreme Court hears Texas case on rejected Confederate flag license plate."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument analysis: Assuming the answer, up front."
Posted at 01:09 PM by Howard Bashman




"First Amendment, 'Patron Saint' of Protesters, Is Embraced by Corporations": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 01:00 PM by Howard Bashman




"Justices Scold but Decline to Punish Attorney Who Faced Rare Sanction": Jacob Gershman has this post today at WSJ.com's "Law Blog."

Aebra Coe of Law360.com has an article headlined "High Court Won't Discipline Foley Atty For Jumbled Petition" (subscription required for full access) that begins, "A Foley & Lardner LLP partner on Monday was freed of a rare sanction threat from the U.S. Supreme Court for filing an impenetrable, jargon-packed petition in a patent suit that the lawyer says was penned largely by his client."

And at his "Legal Ethics Forum" blog, John Steele has a post titled "SCOTUS declines to discipline Foley lawyer who filed oddly worded petition."
Posted at 11:47 AM by Howard Bashman




Access online today's Order List of the U.S. Supreme Court: At this link. The Court today granted review in two new cases and called for the view of the Solicitor General in four related cases.

In the attorney discipline proceeding captioned In the Matter of Howard Neil Shipley, the Court today issued the following order:

A response having been filed, the Order to Show Cause, dated December 8, 2014, is discharged. All Members of the Bar are reminded, however, that they are responsible -- as Officers of the Court -- for compliance with the requirement of Supreme Court Rule 14.3 that petitions for certiorari be stated 'in plain terms,' and may not delegate that responsibility to the client.
And in Bower v. Texas, No. 14-292, Justice Stephen G. Breyer issued a dissent, in which Justices Ruth Bader Ginsburg and Sonia Sotomayor joined, from the denial of certiorari.

In early news coverage, The Associated Press reports that "Justices to review sentences for young convicts"; "High court will hear DirecTV appeal over termination fees"; "Justices turn away challenge to Wisconsin voter ID law"; and "Texas man on death row since 1984 loses Supreme Court appeal."

Lawrence Hurley of Reuters reports that "U.S. top court to hear Louisiana life-without-parole sentencing case"; "U.S. Supreme Court agrees to hear DirecTV arbitration case"; "Supreme Court leaves intact Wisconsin voter identification law": and "U.S. top court declines to hear Texas death row inmate's appeal."

And Richard Wolf of USA Today reports that "Supreme Court lets Wisconsin voter ID law stand."
Posted at 09:33 AM by Howard Bashman




"The Darkest Timeline: How The New Deal, The Great Society And Obamacare Could Vanish Overnight." Ian Millhiser has this essay online today at ThinkProgress.
Posted at 09:28 AM by Howard Bashman




"Alabama Chief Justice Roy Moore headlining anti-gay marriage rally in Texas": The Associated Press has this report.
Posted at 08:14 AM by Howard Bashman




"Tour guides press ahead with speech lawsuit against Savannah": The Associated Press has this report.
Posted at 08:10 AM by Howard Bashman




"Drop in traffic tickets has Supreme Court near broke, chief justice says": This front page article appears in today's edition of The Las Vegas Review-Journal.
Posted at 08:05 AM by Howard Bashman




"EPA rule on power plant emissions faces formidable hurdle in Supreme Court": David G. Savage of The Los Angeles Times has this report.

In today's edition of The Wall Street Journal, Brent Kendall and Amy Harder have an article headlined "Litigation Awaits New EPA Emissions Rules; Power plants and their backers allege agency didn't consider the cost." You can freely access the full text of the article via Google.

And today's edition of The New York Times contains an editorial titled "Clean Air Act and Dirty Coal at the Supreme Court."
Posted at 08:00 AM by Howard Bashman




"The Rush to Execute Brain-Damaged Inmate": Kenneth Jost had this post yesterday at his blog, "Jost on Justice."
Posted at 07:53 AM by Howard Bashman




"Justices hear free speech dispute over license plates": Mark Sherman of The Associated Press has this report.

And on this morning's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment titled "Is A Confederate Flag License Plate Free Speech?"
Posted at 07:48 AM by Howard Bashman




Sunday, March 22, 2015

"A Test of Free Speech and Bias, Served on a Plate From Texas": Adam Liptak will have this article in Monday's edition of The New York Times.
Posted at 10:58 PM by Howard Bashman




"Two Years After His Husband's Death, Jim Obergefell Is Still Fighting For The Right Be Married": Chris Geidner of BuzzFeed has this report.
Posted at 10:42 PM by Howard Bashman




"Colorado Supreme Court: Are avalanches inherent risk of resort skiing?" The Denver Post has this report.
Posted at 10:38 PM by Howard Bashman




"Same-sex couples celebrate first year of marriage": The Detroit Free Press has this report, along with an article headlined "Michigan's legally married gay couples mark anniversary."

The Detroit News reports that "Same sex couples celebrate with champagne, cake."

And MLive.com reports that "Gay couples celebrate first anniversaries at Ann Arbor church."
Posted at 10:32 PM by Howard Bashman




"Alberto Gonzales, now at Belmont, relives Bush years": Brad Schmitt of The Tennessean has this report.
Posted at 09:57 PM by Howard Bashman




"Obamacare Is Turning 5 Years Old, And The Debate Has Barely Changed": Jonathan Cohn of The Huffington Post has this report today.
Posted at 09:54 PM by Howard Bashman




"Kansas Schools Fight Plays Out Against Backdrop of Debate on Judiciary": John Eligon will have this article in Monday's edition of The New York Times.
Posted at 09:34 PM by Howard Bashman




"Tsarnaev friend wants conviction tossed, citing Supreme Court ruling": Patricia Wen and John R. Ellement of The Boston Globe have this report.
Posted at 09:22 PM by Howard Bashman




"Never Count on the Supreme Court to Protect Voting Rights": Ian Millhiser has this essay online at The New Republic.
Posted at 09:10 PM by Howard Bashman




"Does the Supreme Court Follow the Recommendation of the Solicitor General in Foreign Relations Cases in which the Court has issued a CVSG?" Ingrid Wuerth has this post today at "Lawfare."
Posted at 09:04 PM by Howard Bashman




"Supreme Court to hear battle over Confederate license plates": Robert Barnes will have this article in Monday's edition of The Washington Post.

Warren Richey of The Christian Science Monitor reports that "Supreme Court to decide case over Confederate flag license plate; The US Supreme Court will hear arguments Monday about whether Texas is within its rights to refuse to offer a specialty license plate with the Confederate battle flag."

Lawrence Hurley of Reuters reports that "Confederate flag license plate battle reaches U.S. Supreme Court."

And online at The New Republic, Cristian Farias has an essay titled "Was Texas Wrong to Reject a Specialty License Plate Bearing a Confederate Flag?"
Posted at 09:00 PM by Howard Bashman




Saturday, March 21, 2015

"Bringing the theater of the Supreme Court to the stage": This video segment appeared on yesterday evening's broadcast of the PBS NewsHour.
Posted at 11:57 PM by Howard Bashman




"Bradley, Daley air differences in first joint appearance": In yesterday's edition of The Milwaukee Journal Sentinel, Bruce Vielmetti had an article that begins, "At the first of four scheduled joint appearances, the candidates for Wisconsin Supreme Court justice made their differences clear Thursday in Milwaukee."
Posted at 11:54 PM by Howard Bashman




"Michigan lawyer to argue gay marriage ban before high court": Todd Spangler of The Detroit Free Press has this report.
Posted at 11:52 PM by Howard Bashman




"U.S. Supreme Court to Hear Confederate Plates Case": The Texas Tribune has this report.

Yesterday at "SCOTUSblog," Lyle Denniston had a post titled "Argument preview: When the license plate speaks."

And online at The Daily Beast, Ilya Shapiro has an essay titled "In Defense of Confederate License Plates: Allowing the Confederate flag on Texas license plates would offend a lot of people, but Texas's decision to nix the Stars and Bars tramples the First Amendment."
Posted at 11:50 PM by Howard Bashman




"U.S. Fights Penalty Threat in Obama Immigration-Policy Suit": Laurel Brubaker Calkins of Bloomberg News has this report.
Posted at 11:00 PM by Howard Bashman




"Supreme Court considers impact of disability law on police": Tami Abdollah and Sam Hananel of The Associated Press have this report.

And today at "SCOTUSblog," Lyle Denniston has a post titled "Argument preview: Police and disability rights."
Posted at 10:42 PM by Howard Bashman







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