How Appealing


Friday, May 29, 2015

"9 states back Utah ruling tossing federal prairie dog rules": The Associated Press has this report.
Posted at 08:03 PM by Howard Bashman




"U.S. District Judge Mark Fuller will resign": Mary Troyan of The Montgomery Advertiser has this news update.

And Kyle Whitmire of AL.com reports that "Federal judge Mark Fuller resigns."
Posted at 07:54 PM by Howard Bashman




"U.S. Judge Arrested on Domestic Abuse Charges Says He'll Resign": Alyson Palmer of The Daily Report of Fulton County, Georgia has a news update that begins, "U.S. District Judge Mark Fuller of Alabama, who was arrested on domestic abuse allegations in Atlanta last summer, on Friday announced his plans to resign."
Posted at 05:46 PM by Howard Bashman




"Ginsburg urges young women to wage inspiring fights": The Associated Press has this report.

And Harvard Magazine reports that "Ginsburg Discusses Justice and Advocacy at Radcliffe Day Celebration."

Yesterday, the Harvard Gazette had an article headlined "Recognized as a force for change: Ginsburg to receive Radcliffe Medal."

More information about today's Radcliffe Day 2015 events can be accessed here.
Posted at 04:18 PM by Howard Bashman




"Cleveland man at heart of U.S. Supreme Court case charged with running prostitution ring from county jail": The Cleveland Plain Dealer has this report.

Apparently being charged with hitting your girlfriend's mother in the head with a pot had already been taken.
Posted at 01:42 PM by Howard Bashman




"Roman Catholic Diocese of Pittsburgh asking Supreme Court to hear case": The Pittsburgh Tribune-Review has a news update that begins, "Attorneys representing the Roman Catholic Diocese of Pittsburgh in its fight against the Affordable Care Act said they will petition the U.S. Supreme Court on Friday to hear the case."
Posted at 01:33 PM by Howard Bashman




"Supreme Court justices spar over hiring of court director": Patrick Marley of The Milwaukee Journal Sentinel has this report.
Posted at 01:32 PM by Howard Bashman




"Idaho laws restricting abortions are unconstitutional: appeals court." Dan Levine of Reuters has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 01:20 PM by Howard Bashman




"Jury should decide whether FedEx drivers are employees -- 11th Circuit": Reuters has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued yesterday.
Posted at 01:14 PM by Howard Bashman




"Rosemond requires the government in a prosecution for aiding and abetting a violation of 18 U.S.C. sec. 2251(a) to prove the aider and abettor's knowledge that the victim was a minor": So holds the majority on a divided three-judge panel of the U.S. Court of Appeals for the First Circuit in a ruling issued yesterday.

Because the decisive vote was supplied by a Tenth Circuit judge sitting by designation, this case likely has a better than average chance of attaining rehearing en banc if the federal government decides to request it.
Posted at 12:58 PM by Howard Bashman




"Appeals court stays out of Guantanamo force-feeding video case, for now": Michael Doyle of McClatchy Washington Bureau has this report on a per curiam ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 12:46 PM by Howard Bashman




"Substantive Due Process as a Two-Way Street: How the Court Can Reconcile Same-Sex Marriage and Religious Liberty." Law professor Mark L. Rienzi has this essay at Stanford Law Review Online.
Posted at 10:09 AM by Howard Bashman




"The Death of the Death Penalty: Why the era of capital punishment is ending." David Von Drehle has this cover story in the June 8, 2015 issue of Time magazine.
Posted at 10:05 AM by Howard Bashman




"God (Gazarov) proves his existence in Brooklyn court after Equifax threatens to deny him credit over divine name": This article appears in today's edition of The New York Daily News.

The New York Post reports that "Man named God settles lawsuit with credit agency." In earlier coverage from April 2014, The Post published an article headlined "Man with first name 'God' runs into credit-rating issues."

And The Associated Press reports that "Man with 1st name 'God' settles with credit rating agency."

According to The New York Post, God plans to celebrate the settlement by purchasing a new BMW. As one might expect -- notwithstanding many unanswered prayers -- God himself has quite a good credit rating.
Posted at 09:58 AM by Howard Bashman




Eyewitness report from yesterday's meeting of the Committee on Rules of Practice and Procedure in Washington, DC: As I reported in this post yesterday afternoon, the so-called Standing Committee yesterday approved the FRAP briefing word limits reduction amendment.

"How Appealing" reader Valerie Nannery attended yesterday's meeting, and she has kindly sent along this report:

The one federal appellate judge who voiced disagreement with the reduced length limits for briefs argued that they address a "non-problem," and make a small change for little gain. The judge argued that the reduction in length limits would just increase the number of motions for expanded word limits, and thus would not save the circuit courts any time. The judge further argued that the amendments would create a lack of uniformity because several circuits, including the judge's own court, will likely opt out of the amendments and retain the current page limits. Other members of the Standing Committee, and the chair of the Appellate Rules Advisory Committee, were not as concerned about the lack of uniformity. Despite the discussion of these arguments against the amended word limits, all of the other members of the Standing Committee approved the amendments to the length limits.

The amendments will be sent to the Judicial Conference for consideration at its meeting in September, where senior judges from every circuit will consider whether to approve the changes. These amendments, and specifically the amendments to Rule 32, are likely to be on the Judicial Conference's discussion agenda. The discussion at the Standing Committee meeting demonstrated that judges in several circuits, including the Second, Seventh, and Ninth, have already discussed opting out of the amended rule, if it ultimately goes into effect in December 2016.

All of the other revised draft amendments to the Appellate Rules were unanimously approved, with some minor revisions made to the style of certain draft amendments, including the Appendix to the Appellate Rules, which lists the length limits for various pleadings in the federal circuit courts of appeal.

Later today, I will have a follow-up post quoting some of the comments that I received from federal appellate judges who responded to this blog's recent survey asking whether they supported or opposed the FRAP briefing word limits reduction amendment and discussing additional conclusions that I believe one can fairly draw from the results of that survey.
Posted at 08:24 AM by Howard Bashman




Thursday, May 28, 2015

"Justices toss Washington law countering bad-faith lawsuits; The Supreme Court has struck down Washington's anti-SLAPP law that attempts to curtail lawsuits brought in bad faith to hinder public discussion": The Associated Press has this report.

And at "The Volokh Conspiracy," Eugene Volokh has a post titled "Washington Supreme Court strikes down anti-SLAPP statute as violating the right to trial by jury."

You can access today's unanimous ruling of the Supreme Court of the State of Washington at this link.
Posted at 04:12 PM by Howard Bashman




"Hawaii Military Carve Out May Play Role in Voting District Case": Jess Bravin has this post today at WSJ.com's "Law Blog."
Posted at 04:03 PM by Howard Bashman




"Roberts at 10: The Strongest Free Speech Court in History?" David H. Gans has this report online today at the Constitutional Accountability Center.
Posted at 03:44 PM by Howard Bashman




"Justice Alito's Son Quits Gibson Dunn for Capitol Hill Job; Philip Alito takes post as a counsel to Republicans on a Senate investigative subcommittee": Tony Mauro had this post last night at "The BLT: The Blog of Legal Times."
Posted at 03:12 PM by Howard Bashman




"U.S. judge grills lawyer defending Obama's healthcare law changes": Lindsay Dunsmuir of Reuters has this report.

The Associated Press reports that "Administration asks judge to toss House health care suit."

And Dylan Scott of National Journal reports that "Judge Initially Skeptical of Plea to Dismiss House GOP's Obamacare Lawsuit; The administration says the House doesn't have standing to challenge how it implements the Affordable Care Act."
Posted at 02:50 PM by Howard Bashman




The Committee on Rules of Practice and Procedure has approved the FRAP briefing word limit reduction amendment: Here's an early report from a "How Appealing" reader who attended today's meeting:
[T]he Standing Committee approved the amendments to the Appellate Rules that were included in the Agenda Book. Judge Graber abstained from the vote on the reduced brief length limits, voicing many of the arguments that were raised during the comment period.
With respect to this blog's 25-hour survey of federal appellate judges to ascertain their degree of support for or opposition to the FRAP briefing word limit reduction amendment, let me begin by disclosing that the number of responses received was too small to be statistically significant. The total number of votes received do not include any votes from judges serving on the First, Second, and Tenth Circuits, because no judges serving on those courts responded to the survey.

Of the judges who emailed me in response to the survey after it appeared here yesterday at 11 a.m. eastern time, the votes opposing the brief word limit reduction amendment exceeded the votes supporting the word limit reduction amendment by a ratio of 2-to-1. Nevertheless, because the vast majority of federal appellate judges did not respond to the survey, it is not appropriate to extrapolate from the data available to me what the overall level of support among federal appellate judges for the FRAP briefing word limit reduction actually happens to be. Of course, I thank those federal appellate judges who took the time to respond to this survey.

Next up, the Judicial Conference of the United States will consider whether to approve the pending rule amendments.
Posted at 01:38 PM by Howard Bashman




"Apple loses bid to disqualify antitrust monitor -- US court": Jonathan Stempel and Nate Raymond of Reuters have this report.

The Associated Press has a report headlined "Appeals court: Apple must submit to imposition of monitor."

And at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Apple Loses Appeal Over Court-Appointed Antitrust Monitor."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 01:18 PM by Howard Bashman




"Constitution Check: Do the Supreme Court and other federal courts need a watchdog?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 01:03 PM by Howard Bashman




"Friend-of-Court Briefs Raise Recusal Questions for Justices": Jess Bravin has this post today at WSJ.com's "Law Blog."
Posted at 12:57 PM by Howard Bashman




"White House has been aided recently by ruling in contraceptives case": Robert Barnes has this article in today's edition of The Washington Post.
Posted at 12:15 PM by Howard Bashman




How to vote in this blog's survey of federal appellate judges on reducing the maximum length of briefs from 14,000 to 13,000 words: If you are a federal appellate judge, simply send me an email stating whether you SUPPORT or OPPOSE the proposal. This blog's email address is appellateblog@hotmail.com. This post will remain here at the top of this page until noon eastern time today, at which point voting will close. The results of this survey will be announced here at or before 2 p.m. eastern time today. Further details concerning this first ever "How Appealing" survey of federal appellate judges and the proposed FRAP brief length reduction amendment can be accessed in this post from yesterday.
Posted at 12:00 PM by Howard Bashman




"Supreme Court Litmus Testing in the 2016 Election": Linda Greenhouse has this essay online at The New York Times.
Posted at 08:03 AM by Howard Bashman




"Abrahamson appeals federal court order allowing her to be replaced as chief justice": The Associated Press has a report that begins, "Wisconsin Supreme Court Justice Shirley Abrahamson has appealed a federal court ruling temporarily denying her attempt to remain as chief justice."
Posted at 08:00 AM by Howard Bashman




Wednesday, May 27, 2015

"Terrorism conviction upheld for ex-janitor at Minneapolis mosque": The Minneapolis Star Tribune has this news update.

And The Associated Press reports that "Minnesota man's conviction in al-Shabab case affirmed."

My earlier coverage of today's Eighth Circuit ruling appears at this link.
Posted at 11:09 PM by Howard Bashman




"Roy Moore suggests impeachment of U.S. Supreme Court justices who perform same-sex marriages": Kelsey Stein of The Birmingham News has this report.
Posted at 11:04 PM by Howard Bashman




"Georgia Justice: The Supreme Court will review a case of blatant racism by prosecutors; For once, there's a paper trail." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 10:02 PM by Howard Bashman




"Formalism and Functionalism in the Fifth Case in the Article III 'Trilogy'": Michael Dorf has this post today at "Dorf on Law."
Posted at 09:00 PM by Howard Bashman




"'One Man, One Vote' Keeps Changing": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 08:54 PM by Howard Bashman




"Supreme Court: Big Pharma must pay for prescription drug disposal in Alameda County." The Oakland Tribune has this report.
Posted at 06:07 PM by Howard Bashman




"Whistleblowers dodge disaster in Supreme Court's KBR decision": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 06:02 PM by Howard Bashman




"Obama Won't Take Immigration Battle Directly to Supreme Court": Michael D. Shear of The New York Times has a news update that begins, "President Obama will put off a confrontation at the Supreme Court over his immigration executive actions, choosing not to ask for permission to carry out the programs while a fight over presidential authority plays out in the lower courts, officials said Wednesday."
Posted at 05:26 PM by Howard Bashman




"Nebraska Abolishes Death Penalty": Julie Bosman of The New York Times has a news update that begins, "Nebraska on Wednesday became the first conservative state in more than 40 years to abolish the death penalty, with lawmakers defying their Republican governor, Pete Ricketts, a staunch supporter of capital punishment who had lobbied vigorously against banning it."

The Lincoln Journal Star has a news update headlined "Senators vote to repeal death penalty."

And Joe Duggan of The Omaha World-Herald Bureau has a news update headlined "Nebraska senators override governor's veto, repeal death penalty."
Posted at 05:10 PM by Howard Bashman




"Presently, we consider the effectiveness of an anticipatory invocation of the Miranda-based right to counsel." So begins a majority opinion that the Supreme Court of Pennsylvania issued yesterday. The decision holds that the anticipatory invocation of Miranda rights, communicated via fax to the Philadelphia Police Department and the Philadelphia District Attorney's Office while the defendant remained in Florida awaiting extradition, did not necessitate suppression of the defendant's uncounseled confession to police detectives following his return to Pennsylvania.

Only four Justices participated in the ruling. A total of three Justices joined in the majority opinion. One of those three also issued a concurring opinion. And the remaining Justice issued a dissent.
Posted at 03:33 PM by Howard Bashman




"After thoroughly reviewing the FISA materials, we have no hesitation concluding that probable cause under FISA existed under any standard of review." So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit in a ruling issued today in the case captioned United States v. Mahamud Said Omar.
Posted at 01:34 PM by Howard Bashman




"Health law court case winner could be political loser": The Associated Press has a report that begins, "The party that wins the impending Supreme Court decision on President Barack Obama's health care law could be the political loser."
Posted at 01:26 PM by Howard Bashman




"Leading the secret FISA court: Q&A with Judge Reggie Walton." CNN.com published this interview last Friday evening.
Posted at 12:58 PM by Howard Bashman




"Federal appeals court rejects Arkansas' 12-week abortion ban": The Associated Press has this report on a per curiam opinion that the U.S. Court of Appeals for the Eighth Circuit issued today.
Posted at 12:54 PM by Howard Bashman




Questioning the constitutionality of 18 U.S.C. sec. 2423(c), which makes it a federal crime for a U.S. citizen to sexually abuse a minor on foreign soil: You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link. Only two of the three judges on the panel joined in the portion of the opinion described in the title of this post.
Posted at 12:48 PM by Howard Bashman




This blog's first ever (and, if unsuccessful, perhaps last ever) survey of federal appellate judges: Tomorrow and Friday in Washington, DC, the Committee on Rules of Practice and Procedure -- which sits atop the public proceedings in the federal rule amendment process -- will be meeting. Among the issues scheduled to be considered and acted on is the proposal to shorten the word limits for federal appellate briefs. You can view the agenda book for the meeting via this link, and the agenda book's discussion of this particular amendment begins here.

To summarize, currently the Federal Rules of Appellate Procedure allow a party's main brief on appeal to contain up to 14,000 words. The Advisory Committee on Appellate Rules proposed an amendment that would reduce the maximum length to 12,500 words. After significant opposition was received from experienced appellate practitioners, last month the Appellate Advisory Committee approved a compromise proposal providing that the maximum word length would be reduced to 13,000 words and that federal appellate courts would be encouraged by means of a comment to the rule to relax any existing impediments to granting extensions of the word limits so that extensions would be available in appropriately complex cases.

Earlier this month, I was fortunate to serve as the moderator of a panel at the Judicial Conference of the U.S. Court of Appeals for the Fifth Circuit. Although the Fifth Circuit is one of the busiest federal appellate courts in the nation, three active judges serving on that court informed me in connection with my attendance at the conference that they would prefer to keep the current 14,000-word limit for federal appellate briefs. This caused me to wonder about whether federal appellate judges on the whole in fact support the proposed word limit reduction amendment and, if so, to what degree.

Thus, starting now (at 11 a.m. eastern time today) and ending at 12 noon eastern time on Thursday, I am asking U.S. Court of Appeals judges who wish to be counted in this survey to send me an email from their work email address to this blog's email address [appellateblog@hotmail.com] stating simply whether they SUPPORT or OPPOSE the word limit reduction amendment in its current form. Not later than 2 p.m. tomorrow, I will publish the results of this survey here at "How Appealing." I will not identify by name, circuit, or in any other respect any judges who respond to this survey. I will, however, reprint verbatim any statement of explanation that anyone chooses to provide, but no response beyond a vote of SUPPORT or OPPOSE is requested or anticipated.

As matters currently stand, the vote is 6 federal appellate judges in favor of the amendment and 4 opposed. I will not be providing interim results before the final tally is announced at 2 p.m. eastern time tomorrow, so that current tally is based on votes that have been cast in my presence by currently serving U.S. Court of Appeals judges in advance of the official start of voting.
Posted at 11:00 AM by Howard Bashman




"By Reason of Insanity: The first successful use of the insanity plea was a high-profile murder trial that riveted antebellum America." Alexis Coe has this essay online at Lapham's Quarterly.
Posted at 10:22 AM by Howard Bashman




"When expert testimony isn't: Tainted evidence wreaks havoc in courts, lives; Across the country, the criminal justice system is grappling with the fallout from decades of faulty analysis in criminal cases that may have resulted in thousands of wrongful convictions." Henry Gass of The Christian Science Monitor has this report.
Posted at 10:12 AM by Howard Bashman




"FAC 5 (First Amendment Conversations) Madison Unplugged: A Candid Q&A with Burt Neuborne about Law, Life & His Latest Book." Ronald K.L. Collins has this post today at "Concurring Opinions."
Posted at 10:10 AM by Howard Bashman




"In Memoriam: Daniel J. Meltzer '75." Available here via Harvard Law Today.
Posted at 10:07 AM by Howard Bashman




"Are Federal Appellate Courts Growing Impatient with Procedural Errors? -- Risks for Clients and Their Counsel." The law firm of Schnader Harrison Segal & Lewis LLP has issued this Appellate Alert discussing several matters that are likely to be familiar to regular readers of this blog.
Posted at 09:45 AM by Howard Bashman




"Supreme Court to Consider How to Calculate Size of Voting Districts; Justices to consider whether eligible voters, not total population, should define districts": Jess Bravin has this article in today's edition of The Wall Street Journal.

In today's edition of The New York Times, Adam Liptak has a front page article headlined "Supreme Court Agrees to Settle Meaning of 'One Person One Vote.'"

Warren Richey of The Christian Science Monitor reports that "Supreme Court to examine if Texas districts violate one person, one vote."

The Los Angeles Times reports that "Supreme Court could deal California 'a one-two punch' on redistricting."

And in commentary, online at Slate law professor Richard L. Hasen -- author of the "Election Law Blog" -- has a jurisprudence essay titled "Only Voters Count? Conservatives ask the Supreme Court to restrict states' rights and overturn precedent."
Posted at 09:42 AM by Howard Bashman




Tuesday, May 26, 2015

"Anti-Gay Marriage Bill Gets Another Try": The Texas Tribune has this report.
Posted at 11:10 PM by Howard Bashman




"Gunfire from U.S., a death in Mexico. Can grieving family sue in U.S.?" Nigel Duara of The Los Angeles Times has this news update.

The Arizona Daily Star has a news update headlined "Appeals likely in deadly border-shooting case, hearing shows."

And The Arizona Republic has a news update headlined "Does Mexican boy killed by Border Patrol agent have constitutional rights?"
Posted at 10:52 PM by Howard Bashman




"Let Oracle own API's, Justice Dept tells top court in surprise filing": Jeff John Roberts of Fortune has this report. You can access the Solicitor General's amicus brief at this link.
Posted at 10:38 PM by Howard Bashman




"Sister Megan Rice, Freed From Prison, Is Unapologetic for Anti-Nuclear Activism": William J. Broad will have this article in Wednesday's edition of The New York Times.
Posted at 09:00 PM by Howard Bashman




"Supreme Court Rules on Whistle-Blower Case and Bankruptcy Judges": Adam Liptak will have this article in Wednesday's edition of The New York Times.

Katy Stech of The Wall Street Journal reports that "Supreme Court Backs Power of Bankruptcy Judges; Decision allows bankruptcy judges to make final decisions on matters if all parties consent." You can freely access the full text of the article via Google.

Tom Hals of Reuters reports that "Supreme Court ruling endorses role of bankruptcy judges."

The Associated Press reports that "Supreme Court clarifies power of bankruptcy judges."

And at Forbes.com, Daniel Fisher has a post titled "Sotomayor And Roberts Clash As Supreme Court Expands Power Of Bankruptcy Courts."
Posted at 08:20 PM by Howard Bashman




"High court to consider appeal over exclusion of black jurors": Sam Hananel of The Associated Press has this report.

Lawrence Hurley of Reuters reports that "U.S. justices to hear Georgia inmate's race claim over jury selection."

And The Guardian (UK) reports that "US supreme court to review murder case that excluded all potential black jurors."
Posted at 08:12 PM by Howard Bashman




"Agent who shot into Mexico, killed teen wants case dismissed": The Associated Press has a report that begins, "A federal judge is considering throwing out a civil rights lawsuit against a U.S. Border Patrol agent who fatally shot a teenager across the U.S.-Mexico border on grounds that the boy was in Mexico at the time and therefore wasn't protected by the U.S. Constitution."
Posted at 08:06 PM by Howard Bashman




"Nebraska Governor Vetoes Bill to Abolish Death Penalty": Julie Bosman of The New York Times has this news update.

The Lincoln Journal Star reports that "Ricketts vetoes death penalty repeal."

And The Omaha World-Herald reports that "Ricketts vetoes death penalty repeal bill; at least 1 senator flips and won't vote for override."
Posted at 07:56 PM by Howard Bashman




"Montana's rule on campaign contribution limits is headed back to court": Maura Dolan of The Los Angeles Times has this news update.

The Associated Press reports that "Appeals court sets high bar for states to limit donors' campaign contributions."

Courthouse News Service reports that "MT's Campaign-Donor Limits Still Up in the Air."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Montana Campaign Contribution Limits Get Second Chance."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 07:34 PM by Howard Bashman




"Obama administration asks U.S. top court not to hear Google copyright fight": Lawrence Hurley and Dan Levine of Reuters have a report that begins, "The Obama administration on Tuesday sided against Google Inc and said the U.S. Supreme Court should not hear the company's appeal in a case against Oracle Corp with wide implications for the technology industry, according to a court filing."
Posted at 06:03 PM by Howard Bashman




"Appeals court keeps immigration policy on hold": Lyle Denniston of "SCOTUSblog" has this post.

My earlier coverage of today's Fifth Circuit ruling appears at this link.
Posted at 05:33 PM by Howard Bashman




"Republicans grope for Obamacare replacement: An upcoming Supreme Court verdict complicates matters." Jennifer Haberkorn and Rachael Bade of Politico.com have this report.
Posted at 05:30 PM by Howard Bashman




"20-week abortion ban in West Virginia becomes law": The Associated Press has this report.
Posted at 05:28 PM by Howard Bashman




In the June 2015 issue of ABA Journal magazine: Mark Walsh has an article headlined "June is busting out all over with big-time SCOTUS decisions."

Kevin Davis has an article headlined "Faith and fiscal responsibility cause many conservatives to change their view of the death penalty."

And James Podgers has an article headlined "America's Magna Carta: The Great Charter sealed by King John of England in 1215 is widely viewed as a direct influence on liberties and constitutional democracy in the United States."
Posted at 05:22 PM by Howard Bashman




Majority on divided Fifth Circuit panel affirms preliminary injunction blocking implementation of President Obama's executive orders on immigration: You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.

In early news coverage, Julia Preston of The New York Times has a news update headlined "Appeals Court Denies Bid to Let Obama Immigration Plan Proceed."

The Los Angeles Times reports that "Federal court refuses to lift order halting Obama immigration programs."

Stephen Dinan of The Washington Times reports that "Federal appeals court deals blow to President Obama's amnesty."

The Associated Press reports that "Court won't lift hold on Obama immigration action."

Laurel Brubaker Calkins of Bloomberg News reports that "Obama Administration Loses Bid to Implement Immigration Orders."

And Adam B. Lerner and Josh Gerstein of Politico.com report that "Obama dealt another legal setback on immigration."
Posted at 02:13 PM by Howard Bashman




"U.S. top court rules against Cisco Systems in patent infringement fight": Lawrence Hurley of Reuters has this report.

And at "Patently-O," Dennis Crouch has a post titled "Commil v. Cisco: Belief-of-Invalidity not a Defense to Inducement."
Posted at 01:30 PM by Howard Bashman




"Supreme Court Sides With KBR, Halliburton on Lawsuit Time Limits; Court rules whistleblowers don't get extra time to file civil false-claims suits when the U.S. is at war": Brent Kendall of The Wall Street Journal has this news update.

Greg Stohr of Bloomberg News reports that "KBR, Halliburton Win at U.S. Supreme Court on Suit Deadlines."

And Lawrence Hurley of Reuters reports that "U.S. top court backs contractor KBR in Iraq whistleblower case."
Posted at 01:28 PM by Howard Bashman




"Supreme Court to hear challenge to Texas redistricting plan": Robert Barnes of The Washington Post has this news update.

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court to hear case that could change how voting districts are drawn."

Richard Wolf of USA Today reports that "Supreme Court to consider redefining 'one-person, one-vote' principle."

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court to hear Texas 'one man, one vote' case."

Michael Lindenberger of The Dallas Morning News reports that "Supreme Court to hear redistricting Texas case seeking to clarify one-person-one-vote."

Mark Sherman of The Associated Press reports that "Supreme Court to hear challenge over counting non-citizens in redistricting plans."

Lawrence Hurley of Reuters reports that "U.S. Supreme Court to hear Texas state Senate redistricting case."

Greg Stohr of Bloomberg News reports that "Supreme Court Accepts Urban-Rural Redistricting Case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Major test on voter equality set for review."
Posted at 01:22 PM by Howard Bashman




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

1. Justice Sonia Sotomayor delivered the opinion of the Court in Wellness Int'l Network Ltd. v. Sharif, No. 13-935. Justice Samuel A. Alito, Jr. issued an opinion concurring in part and concurring in the judgment. Chief Justice John G. Roberts, Jr. issued a dissenting opinion, in which Justice Antonin Scalia joined in full and Justice Clarence Thomas joined in part. And Justice Thomas issued a dissenting opinion. You can access the oral argument via this link.

2. Justice Alito delivered the opinion for a unanimous Court in Kellogg Brown & Root Services, Inc. v. United States, ex rel, Carter, No. 12-1497. You can access the oral argument via this link.

3. And Justice Anthony M. Kennedy delivered the opinion of the Court in Commil USA, LLC v. Cisco Systems, Inc., No. 13-896. Justice Thomas joined the majority opinion in part. And Justice Scalia issued a dissenting opinion, in which Chief Justice Roberts joined. Justice Stephen G. Breyer did not participate in the ruling. You can access the oral argument via this link.
Posted at 10:04 AM by Howard Bashman




"Pending Supreme Court Cases: Kimberly Robinson talked about pending Supreme Court rulings for the 2014-15 term." You can view the video of this segment from today's broadcast of C-SPAN's "Washington Journal" via this link.
Posted at 09:35 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 noted jurisdiction in one appeal.
Posted at 09:32 AM by Howard Bashman




"Supreme Court to soon rule on 13 important cases": David G. Savage of The Los Angeles Times has this report.
Posted at 07:50 AM by Howard Bashman




Monday, May 25, 2015

"Maligned Study on Gay Unions Is Shaking Trust": Benedict Carey and Pam Belluck will have this front page article in Tuesday's edition of The New York Times.
Posted at 11:52 PM by Howard Bashman




"First Amendment experts weigh in on whether schools can suspend students for social media activity": The Tulsa World has this report.
Posted at 11:37 PM by Howard Bashman




"Health Costs Hinge on Supreme Court Ruling; Subsidies that made insurance plans affordable face a crucial test with decision expected in June": Stephanie Armour will have this article in Tuesday's edition of The Wall Street Journal. You can freely access the full text of the article via Google.
Posted at 11:35 PM by Howard Bashman




"Loving v. Virginia looms large in gay marriage case": Markus Schmidt had this article in Sunday's edition of The Richmond Times-Dispatch.
Posted at 11:10 PM by Howard Bashman




"Contested Words in Health Law May Have Been Left by Mistake": Robert Pear will have this front page article in Tuesday's edition of The New York Times.
Posted at 09:25 PM by Howard Bashman




"Third Circuit Creates Turmoil Over Certification; Appeals court won't rehear case that changes long-standing inquiry regarding class definition": Arthur H. Bryant has this essay in this week's issue of The National Law Journal.
Posted at 08:40 PM by Howard Bashman




"Committee approves new home for Supreme Court in Las Vegas": The Las Vegas Sun has this report.
Posted at 08:27 PM by Howard Bashman




"Presidential Candidates Continue to Take Shots at the Supreme Court; From gay marriage to Citizens United, there's plenty for the candidates on both sides of the political spectrum to complain about": David Knowles of Bloomberg News has this report.
Posted at 08:24 PM by Howard Bashman




"Appeals court focuses on Virginia death row inmate's ability to handle daily tasks": The Associated Press has a report that begins, "Arguments in a federal appeals court suggest that a Virginia death row inmate's claim that he can't be executed because he is intellectually disabled could turn on his ability to handle everyday tasks."

You can access via this link (16.1 MB mp3 audio file) the audio of last week's oral argument in this case before a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit.
Posted at 10:14 AM by Howard Bashman




"TN Supreme Court to weigh public records case": Stacey Barchenger of The Tennessean has an article that begins, "A case pitting public records law and the privacy of crime victims and police evidence is before the Tennessee Supreme Court for consideration Thursday."
Posted at 10:07 AM by Howard Bashman




"What it cost Indiana to fight same-sex marriage": The Indianapolis Star has an article that begins, "The state paid more than $1.4 million in fees to plaintiffs' attorneys in five federal court cases that challenged -- and ultimately helped overturn -- Indiana's ban on same-sex marriages, according to the attorney general's office."
Posted at 10:00 AM by Howard Bashman




"Ruling may gut 'Obamacare,' but Republicans would feel the heat if millions lose subsidies": The Associated Press has this report.
Posted at 09:55 AM by Howard Bashman




Sunday, May 24, 2015

"Staging Scalia: The Originalist misses the point of originalism." Law professor John O. McGinnis has this essay online at City Journal.
Posted at 11:28 PM by Howard Bashman




"Plaintiffs from Utah's landmark gay marriage case tie the knot": Jennifer Dobner of The Salt Lake Tribune has a news update that begins, "The couple at the center of the historic federal lawsuit that overturned Utah's ban on same-sex marriage in 2013 tied the knot on Sunday in a public wedding ceremony at the Gallivan Center in the heart of Salt Lake City."
Posted at 09:00 PM by Howard Bashman







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