Tuesday, March 28, 2017
"Should Judges Consult Their Personal Moral Convictions? A dialogue on how to weigh the law and common sense on the bench." Slate has posted online this jurisprudence essay, consisting of a conversation between Seventh Circuit Judge Richard A. Posner and Senior U.S. District Judge Jed S. Rakoff (S.D.N.Y.), moderated by Joel Cohen.
Posted at 07:30 PM by Howard Bashman
"U.S. Supreme Court weighs Advocate pension case": Lisa Schencker of The Chicago Tribune has this report.
Jacklyn Wille of Bloomberg BNA reports that "Hospital Pension Plans Seek Salvation at SCOTUS."
Kelsey Dallas of The Deseret News has an article headlined "What counts as a church? Supreme Court pension case asks important question."
And today at the "Democracy in America" blog of The Economist, Steven Mazie has a post titled "Falling short: Justices ask whether religious hospitals must guarantee workers' pensions; For more than 30 years a church exemption from funding requirements has been extended to affiliated hospitals."
"Gorsuch may fall short of votes needed for smooth Supreme Court confirmation": Ed O'Keefe and David Weigel have this article in today's edition of The Washington Post.
And Lawrence Hurley of Reuters reports that "More Democrats oppose Trump's U.S. Supreme Court pick."
"Schumer headed for epic clash with McConnell: They said they'd try to get along, but imminent battles over the Supreme Court and government funding will test that proposition." Burgess Everett of Politico.com has this report.
Posted at 02:44 PM by Howard Bashman
"Judge Gorsuch and Chevron Doctrine Part II: The Misuse of Precedent." Asher Steinberg has this guest post -- the second in a three-part series -- today at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 02:40 PM by Howard Bashman
"Inscrutable Gorsuch raises Democratic ire": Joan Biskupic of CNN.com has this report.
Programming note: At 10 a.m. eastern time, I will be meeting with a potential new client in a forthcoming appeal to the U.S. Court of Appeals for the Third Circuit. Also at 10 a.m. eastern time, the U.S. Supreme Court is scheduled to issue one or more rulings in argued cases. Just as soon as the Court posts those new opinions online, you can access them via this link.
"Is Trump stalling a travel ban appeal at 9th Circuit?" Josh Gerstein of Politico.com has this blog post today.
Posted at 09:46 AM by Howard Bashman
"Patterns of Eight Justices: Will They Persist with a New Court Member?" Adam Feldman has this post at his "Empirical SCOTUS" blog.
Posted at 09:44 AM by Howard Bashman
Monday, March 27, 2017
"Did a Divorce Fight Over Children Lead to Florida Professor's Execution-Style Slaying?" People magazine has posted online this preview of an article that Jeff Truesdell has in the April 3, 2017 issue of that magazine. And Truesdell also has a longer piece online headlined "5 Things to Know About the Mysterious Shooting of Popular Florida Law Professor Dan Markel."
And Karl Etters of The Tallahassee Democrat has an article headlined "Magbanua's attorneys: State on a 'fishing expedition.'"
"State High Court Hears $41.7 Million Hotchkiss School Tick-Bite Case": Edmund H. Mahony of The Hartford Courant has this report. The case is on certified question from the U.S. Court of Appeals for the Second Circuit.
Posted at 10:06 PM by Howard Bashman
"Court Reinstates Gender Discrimination Lawsuit in NY": Larry Neumeister of The Associated Press has this report.
And online at Slate, Mark Joseph Stern has a post titled "2nd Circuit Chief Judge: Anti-Gay Employment Discrimination Is Already Illegal Nationwide."
"Gorsuch's path to 60 votes closing fast; A 'nuclear' confrontation in the Senate could come as soon as next week": Seung Min Kim and Elana Schor of Politico.com have this report.
And Lawrence Hurley of Reuters reports that "More Democrats oppose Trump's U.S. Supreme Court pick."
"Supreme Court Considers Why Patent Trolls Love Texas": Adam Liptak of The New York Times has this report.
Robert Barnes of The Washington Post reports that "Supreme Court debating limits on where patent suits can be filed."
Andrew Chung of Reuters reports that "U.S. top court considers changing where patent cases may be filed."
And Susan Decker of Bloomberg News reports that "Supreme Court Weighs Possible Curb on Patent Suit Locations."
SCOTUSDaily interviews David G. Savage of The Los Angeles Times: You can read the interview at this link.
Posted at 08:04 PM by Howard Bashman
Access the contents of the March 2017 issue of The Yale Law Journal: Via this link.
And Noah B. Lindell has a comment titled "Williams-Yulee and the Anomaly of Campaign Finance Law."
In the April 2017 issue of ABA Journal magazine: Mark Walsh has an article headlined "Is church entitled to state aid to buy playground covering?"
David L. Hudson Jr. has an article headlined "Supreme Court considers 3 First Amendment cases this term."
Anthony Franze has an article headlined "What do Supreme Court advocates do with their feather quill mementos?"
Law professor Philip N. Meyer has an article headlined "As most-cited songwriter, Bob Dylan brings complex poetry to court opinions."
Beth Schwartzapfel has an article headlined "When is someone too stoned to drive? The question is trickier than you'd think for courts to answer."
And Leslie Gordon has an article headlined "'Loving' movie gives new significance to landmark court case."
"Trump travel ban case could be on fast track to appeals court's full bench": Josh Gerstein of Politico.com has this post about an order that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 05:09 PM by Howard Bashman
"Neil Gorsuch is a Teddy Roosevelt fanboy": Helena Andrews-Dyer has this entry at the "Reliable Source" blog of The Washington Post.
Posted at 02:09 PM by Howard Bashman
"Democrats Weigh Next Steps on Neil Gorsuch's Nomination; Senate minority likely can't stop the Supreme Court pick": Brent Kendall has this article in today's edition of The Wall Street Journal.
Posted at 02:05 PM by Howard Bashman
"The Best Option for Democrats on Gorsuch": Law professor Cass R. Sunstein has this essay online today at Bloomberg View.
Posted at 02:03 PM by Howard Bashman
"Judge Gorsuch and Chevron Doctrine Part I: The Misuse of Fact in De Niz Robles." Asher Steinberg has this guest post -- the first in a three-part series -- today at the "Notice & Comment" blog of the Yale Journal on Regulation.
"Historical Rules of the Supreme Court (1790-Present)": Josh Blackman has this blog post today.
Posted at 01:33 PM by Howard Bashman
"High court struggles over hospital pension dispute": The Associated Press has this report.
"Dems force 1-week delay on panel vote on Supreme Court pick": Mary Clare Jalonick of The Associated Press has this report.
Posted at 01:02 PM by Howard Bashman
View this morning's oral argument of the Supreme Court of Connecticut in Munn v. The Hotchkiss School: The Connecticut Network is providing live video via this link. The case arrived at Connecticut's highest court on certified question from the U.S. Court of Appeals for the Second Circuit.
Posted at 10:00 AM by Howard Bashman
Access today's Order List of the U.S. Supreme Court: At this link. The Court granted review in two new cases. And the Court also called for the views of the Acting Solicitor General in one case.
Update: In news coverage, Andrew Chung and Lawrence Hurley of Reuters have a report headlined "U.S. Supreme Court to hear Leidos contracting fraud fight." Hurley reports that "U.S. top court rejects bid to revive $7.25 billion credit card settlement." And Chung reports that "U.S. Supreme Court refuses to hear Vimeo music copyright dispute."
Greg Stohr of Bloomberg News reports that "U.S. Supreme Court Won't Reinstate $5.7 Billion Credit-Card Accord."
And The Associated Press reports that "Supreme Court won't restore $7.25B swipe fees settlement" and "Justices won't hear appeal in music copyright dispute."
"Why It's Become So Hard to Get an Abortion: When you can't ban something outright, it's possible to make the process of obtaining it so onerous as to be a kind of punishment." In the April 3, 2017 issue of The New Yorker, Margaret Talbot has this review of law professor Carol Sanger's new book, "About Abortion."
Posted at 09:30 AM by Howard Bashman
"OT2016 #17: 'Kill Any Potential Hipness.'" You can access today's new episode of the "First Mondays" podcast, featuring Ian Samuel and Dan Epps, via this link.
Posted at 09:08 AM by Howard Bashman
Sunday, March 26, 2017
"Behind Neil Gorsuch's Non-Answers: Every sign suggests that he would be at least as conservative a judicial activist as Samuel Alito." Jeffrey Toobin will have this Comment in the Talk of the Town section of the April 3, 2017 issue of The New Yorker.
Posted at 05:24 PM by Howard Bashman
Not an in rem proceeding: On Friday, a divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued its ruling in United States v. Titties. In spite of that caption, footnote one of the majority opinion explains that "Like the parties and the district court, we refer to the defendant by his proper last name of Tittle."
Posted at 02:00 PM by Howard Bashman
"Home Depot must again face lawsuit over employee's murder: U.S. court." Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued on Friday.
Posted at 01:19 PM by Howard Bashman
"Virginia made conditions on death row better. The state is still being sued." Rachel Weiner of The Washington Post has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued on Friday.
Posted at 11:22 AM by Howard Bashman
"Appeals Court Rejects Challenge to Ban on Non-Lawyer Firm Ownership": Jacob Gershman has this post at WSJ.com's "Law Blog" about a ruling that the U.S. Court of Appeals for the Second Circuit issued Friday.
Posted at 11:05 AM by Howard Bashman
"D.C. Circuit Review -- Reviewed: 'Breyer, Alito, and Their Pals.'" Aaron Nielson has this post at the "Notice & Comment" blog of the Yale Journal on Regulation.
Posted at 10:30 AM by Howard Bashman