How Appealing


Saturday, February 28, 2015

"Two reading lessons from the Supreme Court": Columnist George F. Will has this essay online at The Washington Post.
Posted at 10:52 PM by Howard Bashman




"Got a robe? Minnesota Supreme Court applicants sought." The Pioneer Press of St. Paul, Minnesota has this report.
Posted at 10:48 PM by Howard Bashman




"Before Justices Rule, Floridians Consider Life Without Health Subsidies": This article will appear in Sunday's edition of The New York Times. In addition, the newspaper will contain an editorial titled "The Phony Legal Attack on Health Care."

And The Washington Post reports that "At least 6 Republican states revisit their stance of resisting Obamacare."
Posted at 10:42 PM by Howard Bashman




"Menendez aides attempt to avoid testifying in grand jury probe of senator, report says": NJ.com has this report on a non-precedential opinion that the U.S. Court of Appeals for the Third Circuit issued yesterday.

The New Jersey Law Journal reports in great detail on the ruling in an article headlined "Court Orders Hearing on Whether Menendez Aides Must Testify." You can freely access the full text of this article via Google News.

The non-precedential opinion, bearing the legend "Under Seal," appeared online available for public download for a short time yesterday at the Third Circuit's web site before the court removed it.
Posted at 04:46 PM by Howard Bashman




"Netflix Beats Antitrust Class Action at Appeals Court; No support for subscriber injuries from a Netflix-Walmart pact means the lawsuit falls like a collapsing house of cards": Eriq Gardner had this post yesterday at the "Hollywood, Esq." blog of The Hollywood Reporter.

Richard Lawler of Engadget has a post titled "Walmart vs. Netflix DVD battle snags $12 each for 1.2 million people."

And Courthouse News Service reports that "Walmart Settlement on Netflix Antitrust Upheld."

The U.S. Court of Appeals for the Ninth Circuit yesterday issued two related rulings in these appeals, which you can access here and here.
Posted at 04:37 PM by Howard Bashman




"Appeals court denies latest Tsarnaev request to move trial": Milton J. Valencia and Jeremy C. Fox have this article in today's edition of The Boston Globe.

The Boston Herald has an article headlined "Tsarnaev trial stays in Boston; Court: Media attention won't affect fairness."

The Associated Press reports that "Marathon bombing trial stays in Boston, federal panel says."

Reuters reports that "U.S. appeals court says Boston bomber trial can stay in city."

And Bloomberg News reports that "Boston Bombing Suspect Loses Bid to Move March Trial."

You can access yesterday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 03:54 PM by Howard Bashman




"The Letter of the Law: Two perspectives on the Supreme Court case that could bring the Affordable Care Act to its knees." You can access today's new installment of Slate's "Amicus" podcast featuring Dahlia Lithwick via this link.
Posted at 03:36 PM by Howard Bashman




"Mid-air irony: 9/11 victim's son aids stricken attorney of attack's alleged planner." Earlier this week, Carol Rosenberg had an article that begins, "When an attorney for the alleged mastermind of the Sept. 11, 2001, attacks suddenly collapsed on a recent war court airplane shuttle, only one passenger was equipped to offer emergency care -- a young man whose father was killed at the World Trade Center on 9/11. He turned first responder without hesitation."

And yesterday, Rosenberg had an article headlined "Pentagon scraps judges' Guantanamo move order; 9/11 case unfrozen."
Posted at 03:25 PM by Howard Bashman




"Argument preview: The Confrontation Clause, once more." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 03:18 PM by Howard Bashman




"Adoption by same-sex parent recognized by Alabama appeals court after decision reversal": Kent Faulk of The Birmingham News has this report.

And Reuters reports that "Adoption by same-sex parent recognized by Alabama appeals court."

You can access yesterday's ruling of the Alabama Court of Civil Appeals at this link.
Posted at 03:14 PM by Howard Bashman




"Fisherman's high court win spurs call for legal reform": Sam Hananel of The Associated Press has this report.
Posted at 02:58 PM by Howard Bashman




"Sentence reduced for 2 Supreme Court demonstrators": The Associated Press has a report that begins, "Two protesters who pleaded guilty to demonstrating inside the Supreme Court have had their sentences reduced from five days in jail to one."
Posted at 02:55 PM by Howard Bashman




Friday, February 27, 2015

"No action from feds as immigration case timeline slips": Josh Gerstein and Edward-Isaac Dovere of Politico.com has this blog post.
Posted at 09:56 PM by Howard Bashman




"What's in a name? A lot, the Supreme Court says." Al Kamen's "In the Loop" blog at The Washington Post has this post today.
Posted at 08:50 PM by Howard Bashman




"High Court's History With Rough Amici Could Save Foley Atty": Andrew Strickler of Law360.com had this report (subscription required for full access) yesterday evening.
Posted at 08:40 PM by Howard Bashman




"The Jurisprudence of Justice Antonin Scalia: A Response to Professor Bruce Allen Murphy and Professor Justin Driver." Law professor Steven G. Calabresi and Justin R. Braga have posted this lengthy book review online at SSRN (via this post at "Josh Blackman's Blog," which collects many noteworthy excerpts).
Posted at 05:36 PM by Howard Bashman




"Federal Judge Mark Fuller awaiting recommendation on whether he should keep job": Kent Faulk of The Birmingham News has an article that begins, "U.S. District Court Judge Mark Fuller is waiting to hear whether a special judicial committee will recommend he keep or lose his job after a recent three-day hearing in which witnesses testified about allegations Fuller beat his wife last August, his attorney said Thursday."
Posted at 05:03 PM by Howard Bashman




"Gay marriage proponents claim 'right side of history'": Richard Wolf of USA Today has this report.
Posted at 04:02 PM by Howard Bashman




"Constitution Check: Does anybody in Washington have a duty to save Obamacare?" Lyle Denniston had this post yesterday at the "Constitution Daily" blog of the National Constitution Center.
Posted at 02:01 PM by Howard Bashman




"Obamacare threatens to end John Roberts's dream of a nonpartisan Supreme Court": Robert Barnes will have this news analysis in Sunday's edition of The Washington Post.
Posted at 01:56 PM by Howard Bashman




"James Blumstein on the Administration, the IRS and the ACA: Will the courts rein in the president's pen?" This guest post appears today at "The Volokh Conspiracy."
Posted at 01:47 PM by Howard Bashman




The audio from this week's U.S. Supreme Court oral arguments is now available online: You can access it via this link.
Posted at 01:46 PM by Howard Bashman




"'I have my own theory about who killed my son.' Father of Harvard-educated professor shot in the head in his own garage by mystery gunman finally speaks out." The Daily Mail (UK) has this report today.
Posted at 12:51 PM by Howard Bashman




"King v. Burwell: U.S. Supreme Court Preview of the Next Challenge to the Affordable Care Act." The Federalist Society hosted this event (YouTube video link) yesterday.
Posted at 12:23 PM by Howard Bashman




"Supreme Court of Texas holds court at UT Tyler, visits students": Today's edition of The Tyler Morning Telegraph contains an article that begins, "The Supreme Court of Texas, the highest court in the state, heard oral arguments at The University of Texas at Tyler's University Center on Thursday morning, then toned down the formalities by eating with the high school and college students attending."
Posted at 08:26 AM by Howard Bashman




"Ohio Supreme Court chief justice lays out plan to bolster judicial elections": The Cleveland Plain Dealer has this report.
Posted at 08:20 AM by Howard Bashman




"Kate Shaw Joins ABC News Covering Supreme Court, Legal Issues On Hill": Deadline.com has this report.
Posted at 08:15 AM by Howard Bashman




"Their reasons differ, but 3 Mississippi justices object to delaying same-sex divorce ruling": The Associated Press has this report on an order that the Supreme Court of Mississippi issued yesterday.
Posted at 08:14 AM by Howard Bashman




"New charges for group that disrupted Supreme Court with Citizens United protest": The Associated Press has this report.
Posted at 08:04 AM by Howard Bashman




"Tsarnaev friend could be freed under Supreme Court ruling": Milton J. Valencia and John R. Ellement of The Boston Globe have this report.
Posted at 08:02 AM by Howard Bashman




"Supreme Court chief justice likely to back healthcare law": Brianne J. Gorod has this op-ed in today's edition of The Los Angeles Times.
Posted at 08:00 AM by Howard Bashman




"Supreme Court to decide who can draw maps for Congress": Richard Wolf of USA Today has this report.
Posted at 07:56 AM by Howard Bashman




Thursday, February 26, 2015

"Courtney Love Fails to Get an Appeals Court to Dispense Defamation Lawsuit; The singer/actress is neither Marlon Brando nor a free speech crusader": Eriq Gardner has this post at the "Hollywood, Esq." blog of The Hollywood Reporter.

You can access today's unpublished ruling of California's 2nd District Court of Appeal at this link.
Posted at 11:16 PM by Howard Bashman




"'Sniper' Case Is Headed to Appeal, Lawyers Say": Manny Fernandez will have this article in Friday's edition of The New York Times.
Posted at 11:10 PM by Howard Bashman




"New Eleventh Circuit Judges Get Official Welcome": Alyson Palmer of The Fulton County Daily Report has this article.

You can freely access the full text of the article via Google.
Posted at 10:50 PM by Howard Bashman




"A Litmus Test for ObamaCare and the Rule of Law: The president has ignored the law's plain language; Now the Supreme Court decides if that's all right." Ilya Shapiro and Josh Blackman will have this op-ed in Friday's edition of The Wall Street Journal.

You can freely access the full text of the op-ed via Google.
Posted at 10:40 PM by Howard Bashman




"Justices on the stage: Why Americans are increasingly fascinated by their highest court." David Rennie has this essay in the February 28, 2015 issue of The Economist magazine.
Posted at 09:14 PM by Howard Bashman




"Can life in prison be worse than death? Some Tsarnaev jurors think so." Masha Gessen of The Washington Post has this report.
Posted at 08:55 PM by Howard Bashman




"2nd Circuit was right to curtail insider trading cases: profs' amicus brief." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.

One of the amicus briefs to which Frankel's article links discloses that Reed Smith practices law at Cooley LLP. And, demonstrating that turnabout is fair play, a Google search discloses that Cooley practices law at Reed Smith LLP.
Posted at 08:50 PM by Howard Bashman




"Can Tom Wolf really kill the death penalty?" Philadelphia Weekly has this report.
Posted at 08:40 PM by Howard Bashman




"Book review: Law professor, feminist, and jurist extraordinaire." Today at "SCOTUSblog," Barbara Babcock has this review of the new book "The Legacy of Ruth Bader Ginsburg."

And yesterday at "Hamilton & Griffin on Rights," Scott Dodson had a post titled "Why I Edited This Book: Scott Dodson, The Legacy of Ruth Bader Ginsburg."
Posted at 08:30 PM by Howard Bashman




"Supreme Court Justice Talks Constitution, Structure Of Government During Fort Smith Visit": The Times Record of Fort Smith, Arkansas has this news update.
Posted at 08:21 PM by Howard Bashman




The Missouri Law Review symposium issue celebrating the late Anthony Lewis and exploring the future of legal journalism is now available online: You can access the contents via this link.

The issue includes Adam Liptak's keynote address and articles written by, among others, Lincoln Caplan ("Anthony Lewis: What He Learned at Harvard Law School"); Lyle Denniston ("Anthony Lewis: Pioneer in the Court's Pressroom"); Linda Greenhouse ("The Rigorous Romantic: Anthony Lewis on the Supreme Court Beat"); Dahlia Lithwick ("Anthony Lewis"); Howard Mintz ("Legal Journalism Today: Change or Die"); Gene Policinski ("Setting the Docket: News Media Coverage of Our Courts -- Past, Present and an Uncertain Future"); David A. Sellers ("As Today's Tony Lewises Disappear, Courts Fill Void"); and former Missouri Chief Justice Michael A. Wolff ("Making Judge-Speak Clear Amidst the Babel of Lawspeakers").

And for those who like to watch, you can access videos from the symposium -- which occurred a little over one year ago -- via this link.
Posted at 08:00 PM by Howard Bashman




"Roberts at 10: Turning Back the Clock on Protections for Racial Equality." David H. Gans has this issue brief online at the Constitutional Accountability Center.
Posted at 06:17 PM by Howard Bashman




"Supreme Court protesters say no plans to disrupt Obamacare case": Lawrence Hurley of Reuters has this report.
Posted at 06:09 PM by Howard Bashman




"If Supreme Court says no, they'd lose health insurance help": The Associated Press has this report.
Posted at 01:50 PM by Howard Bashman




"Federal appeals court orders Alan Newton be paid $18.5 million for wrongful rape conviction": The New York Daily News has this report.

And Jonathan Stempel of Reuters reports that "U.S. court restores $18 million award to man freed in NYC rape case."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 01:48 PM by Howard Bashman




"Cop who spoke out against arrest quotas can sue NYPD: court." The New York Post has this news update.

The New York Daily News has an article headlined "NYPD cop who blew whistle on quota system can pursue suit against city: Federal Appeals court."

And The Associated Press reports that "NYC police officer's lawsuit over arrest quotas gets revived."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 01:44 PM by Howard Bashman




"S.C. Supreme Court freezes James Brown estate case": This front page article appears in today's edition of the Aiken Standard.
Posted at 01:33 PM by Howard Bashman




"South Carolina court orders J&J to pay $136 mln in Risperdal case": Reuters has this report on a ruling that the Supreme Court of South Carolina issued yesterday.
Posted at 01:32 PM by Howard Bashman




"The Alternative Reality of King v. Burwell": Rob Weiner had this post yesterday at "ACSBlog."
Posted at 01:25 PM by Howard Bashman




"How a federal judge pushed Big Tobacco into $100 mln deal with smokers": Alison Frankel's "On the Case" from Thomson Reuters News & Insight yesterday had a report that begins, "In July 2013, a federal appeals court overseeing thousands of individual smokers' suits against Philip Morris USA, R.J. Reynolds and Lorillard threw up its hands in defeat."
Posted at 01:22 PM by Howard Bashman




"US Supreme Court says NC dental board can't regulate teeth whitening": The News & Observer of Raleigh, North Carolina has this report.

In today's edition of The New York Times, Adam Liptak reports that "Justices Find Antitrust Law Valid Against Dental Board." In addition, Vikas Bajaj has a "Taking Note" essay titled "A Plot to Keep Teeth Whitening Expensive."

David G. Savage of The Los Angeles Times reports that "Supreme Court restricts state license schemes that limit competition."

Richard Wolf of USA Today has an article headlined "Justices: Dentists can't decide who whitens your teeth."

Brent Kendall of The Wall Street Journal has an article headlined "Supreme Court Affirms FTC Antitrust Authority Over Licensing Boards; Decision protects power of regulators to scrutinize such professional panels." You can freely access the full text of the article via Google.

Michael Doyle of McClatchy Washington Bureau has a blog post titled "Supreme Court says 'open wide' to North Carolina teeth-whitening business."

Greg Stohr of Bloomberg News reports that "Professional Boards Opened to New Scrutiny by Top U.S. Court."

Lawrence Hurley of Reuters reports that "U.S. top court says state dental board can't regulate teeth whitening."

And Nina Totenberg of NPR has a blog post titled "Dentists Have No Right To Limit Who Can Whiten Your Teeth, Justices Say."
Posted at 08:16 AM by Howard Bashman




"Poster Child: How Terrance Williams became the face of the death penalty debate in Pennsylvania." Andrew Cohen has this essay online today at The Marshall Project.
Posted at 08:06 AM by Howard Bashman




"Future of 'mental anguish' law at stake in federal court": The Associated Press has a report that begins, "Mumia Abu-Jamal, who's serving a life term for the 1981 murder of a Philadelphia police officer, is among the plaintiffs asking a federal judge to block a Pennsylvania law they say violates prisoners' free-speech rights."
Posted at 08:02 AM by Howard Bashman




"Obamacare defense is tailored for key Supreme Court justices": David G. Savage has this article in today's edition of The Los Angeles Times.

And David Nather and Jennifer Haberkorn of Politico.com report that "Supreme Court ruling could upturn Obamacare politics."
Posted at 07:58 AM by Howard Bashman




Wednesday, February 25, 2015

"Does a website for models have a duty to warn users about rapists? Facebook, Craigslist, eBay fear a chilling effect on Web operators." David Kravets of Ars Technica has this report today.

My earlier coverage of yesterday's Ninth Circuit panel rehearing order can be accessed here.
Posted at 10:16 PM by Howard Bashman




"How the Supreme Court Could Save Obamacare Again": Law professor Noah Feldman has this essay online today at Bloomberg View, along with a related essay titled "How Dr. Seuss Could Save Obamacare."
Posted at 09:20 PM by Howard Bashman




"More on the Howard Shipley matter": John Steele has this post today at his blog, "Legal Ethics Forum."
Posted at 12:56 PM by Howard Bashman




"Justices appear to favor Muslim denied job over headscarf": Mark Sherman of The Associated Press has this report.
Posted at 12:50 PM by Howard Bashman




"BP appeals U.S. judge's ruling on size of Gulf oil spill": Reuters has a report that begins, "BP Plc on Monday appealed a federal judge's finding of the size of the 2010 Gulf of Mexico oil spill, which leaves the company potentially liable to pay $13.7 billion in fines."
Posted at 10:32 AM by Howard Bashman




"Federal judge indicates he intends to allow eight released from prison in Amish beard-cutting case to remain free": The Cleveland Plain Dealer has this report.
Posted at 10:30 AM by Howard Bashman




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

1, Justice Ruth Bader Ginsburg announced the judgment of the Court and delivered an opinion, in which Chief Justice John G. Roberts, Jr. and Justices Stephen G. Breyer and Sonia Sotomayor joined, in Yates v. United States, No 13-7451. Justice Samuel A. Alito, Jr. issued an opinion concurring in the judgment. And Justice Elena Kagan issued a dissenting opinion, in which Justices Antonin Scalia, Anthony M. Kennedy, and Clarence Thomas joined. You can access the oral argument via this link.

2. And Justice Kennedy delivered the opinion of the Court in North Carolina State Bd. of Dental Examiners v. FTC, No. 13-534. Justice Alito issued a dissenting opinion, in which Justices Scalia and Thomas joined. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "Justices: Fisherman is off the hook in grouper-tossing case" and "Supreme Court drills dentists in teeth-bleaching dispute."
Posted at 10:06 AM by Howard Bashman




"The latest Obamacare challenge: What you need to know." Ariane de Vogue of CNN.com has this report.
Posted at 08:47 AM by Howard Bashman




"U.S. Supreme Court decides water dispute": This front page article appears in today's edition of The Lincoln Journal Star.

The Omaha World-Herald reports that "Nebraska should pay Kansas $5.5M over river dispute, Supreme Court says."

And at Forbes.com, Daniel Fisher has a post titled "Thomas, Scalia Use Obscure Water Battle To Tweak The Majority."
Posted at 08:45 AM by Howard Bashman




"High Court Appears Ready to Allow Felon to Sell Gun Collection; Decision in the case, Henderson v. U.S., is expected before July": Jess Bravin of The Wall Street Journal has this report. You can freely access the full text of the article via Google.

Lawrence Hurley of Reuters reports that "Gun ownership rights appear to be moving target for U.S. justices."

Sam Hananel of The Associated Press reports "High court weighs right of convicted felon to sell guns."

And Stephanie Condon of CBSNews.com has a report headlined "The 25-year-olds shaping the Supreme Court docket."

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Henderson v. United States, No. 13-1487.
Posted at 08:36 AM by Howard Bashman




"Supreme Court Receptive to Investors in 401(k) Case; Justices suggest appeals court was wrong in Edison suit": Brent Kendall of The Wall Street Journal has this report. You can freely access the full text of the article via Google.

David G. Savage of The Los Angeles Times reports that "Supreme Court poised to protect employees from high fees in 401(k) plans."

Lawrence Hurley of Reuters reports that "U.S. justices signal support for plaintiffs in Edison 401(k) case."

Greg Stohr of Bloomberg News reports that "U.S. High Court Hints at New Monitoring Rules for 401(k) Plans."

And Mark Sherman of The Associated Press reports that "Justices signal support for investors in 401(k) lawsuits."

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Tibble v. Edison Int'l, No. 13-550.
Posted at 08:26 AM by Howard Bashman




"'Torture Report' Reshapes Conversation In Guantanamo Courtroom": This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 08:17 AM by Howard Bashman




"Supreme Court to hear case of woman who wasn't hired because of head scarf": Robert Barnes has this article in today's edition of The Washington Post.

Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court to hear Abercrombie headscarf case: What's at stake?"

The Guardian (UK) reports that "US supreme court hears Abercrombie & Fitch religious discrimination case."

Mark Sherman of The Associated Press reports that "Justices weigh case of Muslim denied job over headscarf."

Ariane de Vogue of CNN.com reports that "Supreme Court to hear religious freedom case."

Paul Barrett of Bloomberg News reports that "This Supreme Court Case Unites Religions Against Abercrombie & Fitch; The retailer faces a religious-bias challenge for rejecting an applicant who wore a hijab."

And at FiveThirtyEight, Oliver Roeder has a report headlined "Previewing The Supreme Court's Abercrombie & Fitch Case."
Posted at 08:15 AM by Howard Bashman




Tuesday, February 24, 2015

Ninth Circuit opts for more Model Mayhem: Today, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit granted panel rehearing in the case captioned Jane Doe No. 14 v. Internet Brands, Inc. dba Modelmayhem.com. You can access today's order at this link.

In coverage of today's order, Scott Graham of The Recorder reports that "Ninth Circuit Agrees to Revisit Ruling in Model Rape Case." You can freely access the full text of the article via Google.

The very same three-judge Ninth Circuit panel issued its original, unanimous ruling in the case on September 17, 2014. My earlier coverage of that ruling appears here and here.

Writing at the "Technology & Marketing Law Blog," Venkat Balasubramani discussed the Ninth Circuit's original ruling in a post titled "9th Circuit Creates Problematic 'Failure To Warn' Exception to Section 230 Immunity -- Doe 14 v. Internet Brands."
Posted at 11:28 PM by Howard Bashman




"Homeless man wins legal victory in Henrico panhandling case": The Richmond Times-Dispatch has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 11:09 PM by Howard Bashman




"Practice Points: Dr. Schindler's 'Absolut Schrecklich' Supreme Court Petition Snares Howard Shipley, Or, Learned German Does Not Make Legal English." James Ching has this interesting essay online at law.com.

Discussing the attorney's response to the U.S. Supreme Court's order to show cause, Ching writes:

Unaddressed are two major issues. First, was it a violation of professional principles to allow Schindler to write briefs so bad that they would prejudice his case? Schindler obviously had no idea that his briefs were utterly terrible, and as Schindler's lawyer, Shipley had the duty to counsel him they were, mildly-put, inadvisable. Shipley had two previews of this bad writing in the Circuit and his explanation that the Circuit did not take offense simply does the answer the direct question of Shipley's own professional responsibility to his client.

Secondly, it is clear that Shipley materially aided Schindler in the unauthorized practice of law, issuing the petition under his, not Schindler's signature. In this light, it was a grievous lack of candor to simply acknowledge in a footnote that Schindler "should be recognized for his significant contributions to this Petition." Moreover, argumentation, whether live or in briefs, is uniformly restricted to licensed attorneys, and the Petition is a prime example of what happens when the inmates rule the asylum.

And at the blog "Legal Ethics Forum," John Steele recently had a post titled "Foley partner files response to SCOTUS regarding unorthodox amicus brief." Although Steele can be faulted for thinking that this matter involved the filing of an amicus brief, his post has attracted some interesting comments. In particular, Neal Goldfarb (author of the "LAWnLinguistics" blog) has a very interesting comment.
Posted at 11:00 PM by Howard Bashman




"New Orleans tour guides' licensing fight turned away by U.S. Supreme Court": The Times-Picayune of New Orleans has this report.
Posted at 10:30 PM by Howard Bashman




"Military court's HIV ruling may have larger impact": Michael Doyle of McClatchy Washington Bureau has this report.

You can access my earlier coverage of yesterday's U.S. Court of Appeals for the Armed Forces ruling at this link.
Posted at 10:24 PM by Howard Bashman




"Judge rejects feds' timetable on immigration case": Josh Gerstein of Politico.com has this report.
Posted at 09:12 PM by Howard Bashman




"Administration: No quick fix if court kills health subsidies." The Associated Press has this report.

Reuters reports that "U.S. health official says no fix if Obamacare subsidies thrown out."

In Wednesday's edition of The New York Times, Robert Pear will have an article headlined "Congress Is Told Ruling Against Health Law Would Impact Poor."

And at "SCOTUSblog," Lyle Denniston has a post titled "U.S.: It has no fix if Court nullifies health care subsidies."
Posted at 09:02 PM by Howard Bashman




"Argument preview: Faith and a workplace dress code." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 08:54 PM by Howard Bashman




"Supreme Court rules Neb. must pay Kan. in interstate river battle": Jeremy P. Jacobs of Greenwire has this report.
Posted at 04:07 PM by Howard Bashman




"Court nixes Occupy marchers' suit over mass arrest on bridge": The Associated Press has this report on the substance of the ruling that I discuss in the post immediately below.

And Reuters reports that "New York court dismisses lawsuit over Occupy Wall Street arrests."

And the final paragraph of my post immediately below has also precipitated the following email from a reader who seems to know a thing or two about the subject:

[W]hile I agree with you entirely that "en banc" is the preferred term, have you considered the fact that 28 U.S.C. sec. 46 still says "in banc"? The Second Circuit's use of "in banc" may not be just stubbornness, but deference to the principle that a statute generally overrides a rule. I suppose you could say that under the Rules Enabling Act, the change in the rules from "in" to "en," postdating the statute, makes the "in" in the statute "of no further force or effect." Still, the U.S. Code is still the U.S. Code, and Congress still makes the laws. Perhaps the court views the use of "in" as a "substantive right" that cannot be abridged by rulemaking....

Posted at 03:02 PM by Howard Bashman




Exemplifying how much the Second Circuit loathes rehearing en (or in) banc: Ordinarily, when a federal appellate court grants rehearing en banc to decide an appeal, the original three-judge panel's decision is not only vacated, but the original three-judge panel loses control over the case, which is then instead pending before the full court for decision. Yesterday, however, the Second Circuit issued an order and a decision that justify my use of the wiggle-word "ordinarily" in the opening sentence of this post.

After the Second Circuit took what for it is the extraordinary step of granting rehearing en banc to decide a case, the original three-judge panel decided to flip the result in the case from a 2-to-1 ruling in favor of the plaintiffs to a unanimous ruling in favor of the defendants. Today's unanimous three-judge panel ruling can be accessed here. The original three-judge panel's ruling, reaching the opposite result by a vote of 2-to-1, can be accessed here.

Separately today, the full court issued an order explaining that in light of the three-judge panel's new decision, "this case no longer warrants consideration by the in [sic] banc Court."

For those keeping score at home, Circuit Judge Gerard E. Lynch's amended opinion for the three-judge panel correctly refers to rehearing "en banc," while the Second Circuit Clerk's Office still clings stubbornly to the now disfavored "in banc" label.
Posted at 01:45 PM by Howard Bashman




"Wolf's effort to fill Supreme Court vacancies collapses": Angela Couloumbis has this front page article in today's edition of The Philadelphia Inquirer.
Posted at 01:07 PM by Howard Bashman




"Religious groups back Muslim woman in U.S. high court scarf case": Lawrence Hurley of Reuters has this report.
Posted at 12:53 PM by Howard Bashman




"Lawyer: HIV assault ruling could end all such military cases." The Associated Press has a report that begins, "The attorney for a Kansas airman says a ruling by the nation's highest military court that reversed his client's conviction for exposing multiple sex partners to HIV will effectively end such prosecutions in the armed forces."

You can access yesterday's unanimous ruling of the U.S. Court of Appeals for the Armed Forces at this link.
Posted at 12:06 PM by Howard Bashman




"Supreme Court sides with Kansas in water dispute": The Associated Press has this report.
Posted at 12:00 PM by Howard Bashman




The Appellate Rules and Forms Public Hearing in Washington, DC has been rescheduled for March 6, 2015: As reflected here (scroll down).

According to information that I have received, representatives of the ABA's Council of Appellate Lawyers, the American Academy of Appellate Lawyers, the Appellate Section of the State Bar of Texas, and EarthJustice are scheduled to testify at the hearing.

You can access the public comments that those groups submitted, and all other public comments (including mine), via this link.
Posted at 11:54 AM by Howard Bashman




In the March 2015 issue of ABA Journal magazine: Mark Walsh has an article headlined "Although the ACA is 1,000 pages long, its future may depend on a single phrase."

David L. Hudson Jr. has an article headlined "Florida Bar restrictions on lawyer ads which cite past results is struck down by federal court."

And Steven Seidenberg has an article headlined "Law school clinics join to help battle patent trolls."
Posted at 11:42 AM by Howard Bashman




Access online the February 2015 edition of Appellate Issues, a publication of the ABA Council of Appellate Lawyers: You can access the publication at this link.

I am privileged to have an article in the issue titled "The Lure of the Internet," but the good news is that the issue seems packed with interesting articles, including one written by Marie E. Williams titled "The Last Scalia and Garner Book. Maybe."
Posted at 11:14 AM by Howard Bashman




"Foley Atty In High Court Row May Have Broken Ethics Rules": Andrew Strickler of Law360.com has a report (subscription required for full access) that begins, "The Foley & Lardner LLP partner who drew a rare sanction threat from the U.S. Supreme Court for filing an impenetrable, jargon-packed petition he says was penned largely by his client may have breached professional conduct rules when he didn't withdraw from the patent case, legal ethics experts said."

Earlier this morning, I had this post collecting additional coverage.
Posted at 11:06 AM by Howard Bashman




"Ohio Amish beard-cutter has learned lesson, seeks release from prison, attorneys say": The Associated Press has this report.
Posted at 11:03 AM by Howard Bashman




"Supreme Court Will Hear UVA Law Clinic Case Involving Felons and Firearms Tuesday": UVA Law School has this report.
Posted at 11:02 AM by Howard Bashman




"Constitution Check: Will the government's global wiretap program ever be subject to challenge?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:55 AM by Howard Bashman




"Muslim's case takes 'look' at Abercrombie & Fitch policy": Richard Wolf of USA Today has this report.
Posted at 10:40 AM by Howard Bashman




Access online today's ruling of the U.S. Supreme Court in an argued case: Justice Elena Kagan delivered the opinion of the Court in Kansas v. Nebraska, No. 126-Orig. Chief Justice John G. Roberts, Jr. issued an opinion concurring in part and dissenting in part. Justice Antonin Scalia issued an opinion concurring in part and dissenting in part. And Justice Clarence Thomas issued an opinion concurring in part and dissenting in part, in which Justices Scalia and Samuel A. Alito, Jr. joined in full and in which Chief Justice Roberts joined in part. You can access the oral argument via this link.
Posted at 10:06 AM by Howard Bashman




"Chief justice could again swing Obamacare case in government's favor": Lawrence Hurley of Reuters has this report today.
Posted at 08:26 AM by Howard Bashman




"Justices Weigh Denial of Visa to Husband of U.S. Citizen": Adam Liptak has this article in today's edition of The New York Times.

Robert Barnes of The Washington Post reports that "High court divided on refusal of a visa to a U.S. citizen's Afghan spouse."

In today's edition of The Los Angeles Times, David G. Savage has an article headlined "Supreme Court hears woman's case on visa denial for Afghan husband."

Lawrence Hurley of Reuters reports that "Supreme Court weighs case involving Afghan man barred from U.S."

And on yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Considers Visa Case For Foreign Spouses."

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Kerry v. Din, No. 13-1402.
Posted at 08:15 AM by Howard Bashman




"Supreme Court To Hear Abercrombie's Religious Headscarf Case": Nina Totenberg had this audio segment on today's broadcast of NPR's "Morning Edition."
Posted at 08:12 AM by Howard Bashman




"Details on SCOTUS' Sanction of Patent Attorney Howard Shipley": Mark Wilson has this post at FindLaw's "U.S. Supreme Court News & Information Blog."

At "The Volokh Conspiracy," Will Baude has a post titled "An instance of increased transparency at the Supreme Court."

Tony Mauro of The National Law Journal has a Supreme Court Brief headlined "Five Questions Concerning the Curious Case of Howard Shipley" (subscription required for full access) in which Mauro not only links to my earlier coverage but also interviews New York University School of Law professor Stephen Gillers, a legal ethics expert.

And as of this very monent a total of 18 reader comments appear appended to a "Patently-O" post from Saturday titled "Foley Partner Responds to SCOTUS Show Cause Order: I had no choice and you're overreacting."

My four recent lengthy posts discussing various aspects of this matter in detail can be accessed here, here, here, and here.
Posted at 08:09 AM by Howard Bashman




Monday, February 23, 2015

"PA Supreme Court Chief Justice Thomas Saylor says court will be fine with five in '15": Charles Thompson of The Patriot-News of Harrisburg, Pennsylvania has this report, along with an article headlined "Local issues, not racially charged email, led Pa. Supreme Court candidate to withdraw, senator says."

Brad Bumsted of The Pittsburgh Tribune-Review reports that "Judge, law school dean out as nominees for Pennsylvania Supreme Court."
Posted at 11:23 PM by Howard Bashman




Fifth Circuit takes high school student's rap song suspension case en banc: You can access last Thursday's order of the U.S. Court of Appeals for the Fifth Circuit granting rehearing en banc, which that court posted online today, at this link.

The original three-judge panel's ruling can be accessed here, and my coverage of that ruling appears at this link.
Posted at 11:00 PM by Howard Bashman







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