Tuesday, August 23, 2016
Ninth Circuit rejects facial constitutional challenges to California law prohibiting state-licensed mental health providers from engaging in "sexual orientation change efforts" with minor patients: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:28 PM by Howard Bashman
"6th Cir, on 2-1 Vote, Reverses Expansive Early Voting 'Golden Week' Decision": Rick Hasen has this post at his "Election Law Blog" about a decision that a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today.
And The Associated Press has a report headlined "Appeals court: Week of early voting shouldn't return to Ohio."
"The summer of Sandra Day O'Connor, then and now": Joan Biskupic of CNN.com has an article that begins, "She always insisted it was luck that led to her appointment as the first woman on the US Supreme Court. But Sandra Day O'Connor was ready for her luck. She demonstrated that 35 years ago this summer when Reagan administration lawyers flew to Arizona to interview her as one of several candidates for a court vacancy."
Posted at 11:25 AM by Howard Bashman
"Ohio inmate who survived '09 execution appeals to high court": The Associated Press has a report that begins, "A condemned Ohio killer who survived a 2009 botched execution is asking the U.S. Supreme Court to declare that a second attempt to put him to death would be unconstitutional."
As Court News Ohio previously reported, in March 2016 the Supreme Court of Ohio ruled 4-to-3, in a decision you can access here, that "Second Execution Attempt Is Not Cruel and Unusual Punishment."
"Differences aside, Supreme Court unites Trump, Senate GOP": Sam Hananel and Mary Clare Jalonick of The Associated Press have this report.
Posted at 10:09 AM by Howard Bashman
"U.S. appeals court strikes down Ernst & Young class action waiver": Robert Iafolla of Reuters has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
In her dissenting opinion, Circuit Judge Sandra S. Ikuta wrote that the majority's decision was "breathtaking in its scope and in its error; it is directly contrary to Supreme Court precedent and joins the wrong side of a circuit split." Yesterday's decision is unlikely to be the last we hear of this case.
"Suit over alleged sexual assault at Bucknell over after four years": John Beauge of The Patriot-News of Harrisburg, Pennsylvania had this article back in May 2015.
Yesterday, a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued this decision affirming the entry of summary judgment in favor of Bucknell University and various of its employees. [Update: This post has been corrected to note that the entry of summary judgment was in favor of these defendants.]
"Where the Death Penalty Still Lives: As capital punishment declines nationwide, a tiny fraction of the country generates an alarming number of death sentences; What this new geography tells us about justice in America." Emily Bazelon will have this article in this upcoming Sunday's edition of The New York Times Magazine.
Posted at 08:30 AM by Howard Bashman
"Comcast's Golf Channel beats appeal over Allen Stanford fraud": Jonathan Stempel of Reuters has this report on a per curiam ruling that a two-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued yesterday.
Posted at 08:22 AM by Howard Bashman
"Inside the Conservative Push for States to Amend the Constitution": Michael Wines has this front page article in today's edition of The New York Times.
Posted at 08:10 AM by Howard Bashman
Monday, August 22, 2016
"On Voting, North Carolina Case Is Test for Justices": Kenneth Jost has this post today at his blog, "Jost on Justice."
Posted at 11:14 PM by Howard Bashman
"A leading contender for open Georgia Supreme Court seat pulls out of running": Greg Bluestein of The Atlanta Journal-Constitution has this report.
Posted at 10:14 PM by Howard Bashman
"How Did Justice Scalia Shape American Policing? Donald Trump wants a Supreme Court appointee like the formidable late judge; But Scalia had a controversial and sometimes conflicted opinion on law enforcement." Law professor Barry Friedman has this essay online at The Atlantic.
Posted at 09:50 PM by Howard Bashman
"Reglan Suits Not Preempted By Federal Law, NJ Justices Say": Emily Field of Law360.com has this report (subscription required for full access).
And at his "New Jersey Appellate Law" blog, Bruce D. Greenberg has a post titled "In re Reglan Litigation: No Federal Preemption of State Law Claim That Generic Drug Carried Inadequate Warning."
"California Supreme Court allows teacher tenure laws to stand": Bob Egelko of The San Francisco Chronicle has this report.
Howard Blume and Joy Resmovits of The Los Angeles Times report that "In a major win for teachers unions, state Supreme Court lets teacher tenure ruling stand."
Emma Brown of The Washington Post reports that "California Supreme Court decision leaves state's teacher tenure law in place."
The Associated Press reports that "California court decision keeps teacher tenure protections."
And Bloomberg News reports that "California Teacher Tenure Is Left Intact by State's High Court."
"How Zika could change the politics of late-term abortion: The virus causes birth defects, a factor that might influence some views on abortion." Jennifer Haberkorn of Politico.com has this report.
Posted at 08:45 PM by Howard Bashman
"Illinois Supreme Court rejects property division for unmarried couples": Robert McCoppin had this article in Saturday's edition of The Chicago Tribune.
And The Associated Press reports that "Gay rights setback seen in Illinois Supreme Court ruling."
"Constitution Check: Has the U.S. war against ISIS in Syria been illegal from the start?" Lyle Denniston has this post at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:00 PM by Howard Bashman
"The Summer Pipeline": Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 07:55 PM by Howard Bashman
"Help Him Help You: The best way for at-risk Republican senators to distance themselves from Donald Trump is to call for hearings for Merrick Garland." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 07:50 PM by Howard Bashman
"Supreme Court to Consider Legal Standard Drawn From 'Of Mice and Men'": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 02:08 PM by Howard Bashman
Sunday, August 21, 2016
"Pro-life groups gear up to fight contraceptive mandate as HHS looks to tweak rules": Tom Howell Jr. of The Washington Times has an article that begins, "Three months after the U.S. Supreme Court ordered both sides to seek out a compromise on Obamacare's birth control mandate, religious nonprofits that oppose it are mobilizing to win the fight, while the administration is saying it's ready to tweak the rules."
Posted at 11:30 PM by Howard Bashman
"Va. Supreme Court decision rooted in a dark past": Oliver W. Hill Jr. has this essay online at The Richmond Times-Dispatch.
Posted at 09:28 AM by Howard Bashman
"British Columbia civil rights group punches above its weight in national legal disputes": Geordon Omand of The Canadian Press has this report.
Posted at 09:25 AM by Howard Bashman
"Connecticut man fired for smoking marijuana at work wins appeal": Jonathan Stempel of Reuters has this report on a ruling that the Supreme Court of Connecticut issued on Friday.
Posted at 09:20 AM by Howard Bashman
"With New Legal Team, Rowland Gets Extension To Appeal Conviction To U.S. Supreme Court": Edmund H. Mahony of The Hartford Courant has this report.
According to the article, "Rowland is represented at the Supreme Court by Washington attorney Noel Francisco, who sent shock waves through the legal and political worlds in June when he persuaded the high court to dismiss corruption charges against another former Republican governor, Robert F. McDonnell of Virginia."
Saturday, August 20, 2016
"It's Children Against Federal Lawyers in Immigration Court": Fernanda Santos will have this article in Sunday's edition of The New York Times.
Posted at 10:44 PM by Howard Bashman
"Don't bet on Ruth Bader Ginsburg retiring if Clinton becomes president": Robert Barnes of The Washington Post has an article that begins, "For those envisioning a line of moving vans at the Supreme Court and a new president immediately reordering life at the marble palace, this small splash of cold water: Justice Ruth Bader Ginsburg, 83, has already hired the four clerks who will assist her through June 2018."
Posted at 08:57 PM by Howard Bashman
"15 Minutes with Jeffrey Toobin; Toobin swung by the Harvard Crimson to talk about his new book, 'American Heiress: The Wild Saga of the Kidnapping, Crimes and Trial of Patty Hearst,' his reporting process, and the profession of journalism." Brandon J. Dixon of The Harvard Crimson has this report.
Posted at 09:50 AM by Howard Bashman
"Harry Briggs Jr., a Catalyst for Brown v. Board of Education, Dies at 75": This obituary, written by Sam Roberts, appears in today's edition of The New York Times.
Posted at 09:47 AM by Howard Bashman
"Ginsburg pays tribute to Scalia": Anne Constable of The Santa Fe New Mexican has an article that begins, "Even lawyers aren't above gushing over Justice Ruth Bader Ginsburg, who just finished her 23rd year on the U.S. Supreme Court."
Posted at 09:44 AM by Howard Bashman
Friday, August 19, 2016
"Texas court halts execution of man who didn't pull trigger": The Associated Press has this report.
Posted at 10:50 PM by Howard Bashman
"Supreme Court Justice Ruth Bader Ginsburg speaks in Pojoaque": Maggie Shepard of The Albuquerque Journal has an article that begins, "It was like a rock concert for attorneys and judges, with an enthusiastic standing ovation, hoots and hollers and cell phones aloft capturing the star's performance."
And The Associated Press reports that "Justice Ginsburg laments deadlocks on short-handed court."
"Ex-soldier's case tests whether flirting is in eye of beholder": Michael Doyle of McClatchy DC has this report.
Posted at 10:14 PM by Howard Bashman
"The Supreme Court's awful Hobby Lobby decision just spawned a very ugly stepchild": Columnist Michael Hiltzik has this essay online at The Los Angeles Times.
Posted at 10:05 PM by Howard Bashman