How Appealing


Friday, April 17, 2015

"When Associates Leave Their Jobs to Clerk at the Supreme Court: Four Bancroft associates to leave this summer for the high court and the D.C. Circuit." Tony Mauro of The National Law Journal has this report. You can freely access the full text of the article via Google News.
Posted at 09:33 PM by Howard Bashman




"Oklahoma Gov. Mary Fallin signs bill adding nitrogen gas as state execution method": Barbara Hoberock of The Tulsa World has this news update.
Posted at 09:00 PM by Howard Bashman




"The Rule of History: Magna Carta, the Bill of Rights, and the hold of time." Jill Lepore has this "A Critic at Large" essay in the April 20, 2015 issue of The New Yorker.
Posted at 08:44 PM by Howard Bashman




"Kansas Becomes First State To Ban Second Trimester Abortion Procedure": This audio segment appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 08:40 PM by Howard Bashman




"Death for Boston Marathon bomber Dzhokhar Tsarnaev? It's not the victims' call." Michael McGough of The Los Angeles Times has this report.
Posted at 08:35 PM by Howard Bashman




"Amen, Canada! The Canadian Supreme Court, unlike the United States' Supreme Court, understands that sectarian prayer is sectarian." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:30 PM by Howard Bashman




"Appeals Panel Weighs Fate of Obama's Immigration Overhaul After Intense Hearing": Michael D. Shear of The New York Times has this news update.

David Nakamura of The Washington Post has a news update headlined "Justice lawyers make appeal to lift stay on Obama immigration actions."

The Los Angeles Times has a news update headlined "Constitutional or not? Court weighs Obama's deportation deferrals."

Nathan Koppel of The Wall Street Journal reports that "Obama Administration Appeals Texas Judge's Immigration Order; Justice Department and lawyers for a coalition of 26 mostly Republican states face off at hearing." You can freely access the full text of the article via Google.

And this evening's broadcast of the PBS NewsHour had a video segment titled "What's next for Obama's immigration actions in court?"
Posted at 08:12 PM by Howard Bashman




"Business group, econ profs urge SCOTUS to hear foreign antitrust case": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 03:40 PM by Howard Bashman




"Appeals court hears arguments on Obama immigration action": The Associated Press has a report that begins, "Federal appeals judges peppered lawyers on both sides with questions in a fight over President Barack Obama's move to shield millions of immigrants from deportation."

And Reuters reports that "U.S. appeals court judges skeptical over lifting hold on Obama immigration order."

You can access the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit via this link (129 MB mp3 audio file).
Posted at 03:22 PM by Howard Bashman




"Obama's Immigration Overhaul, Halted by Judge, Comes Before Appeals Court": Michael D. Shear of The New York Times has this report.

The Washington Post reports that "Panel to hear appeal on Obama immigration actions."

The San Antonio Express-News reports that "26 states battling Obama's expanded immigration plan go to court today."

Reuters has reports headlined "Immigration fight heads to federal appeals court" and "Obama lawyers may face favorable court in immigration fight."

And Bloomberg News reports that "Obama Seeks Conservative Court's Relief on Immigration Plan Halt."
Posted at 01:35 PM by Howard Bashman




"Federal appeals court to take up Obama's immigration action": The Associated Press has a report that begins, "As demonstrators gathered Friday outside a New Orleans federal courthouse, appellate judges were preparing to consider whether to lift a temporary hold imposed by a federal judge in Texas on President Barack Obama's executive action seeking to shield millions of immigrants from deportation."
Posted at 12:25 PM by Howard Bashman




"Scalia: Statutes' merit not my call; Justice visits Mountain Home." Bill Bowden of The Arkansas Democrat-Gazette has this report. According to the article, "When asked about media coverage of the Supreme Court, Scalia had plenty to say. 'They don't like conservatives on the court, or anywhere else for that matter,' he said. 'They do a lousy job. You can't expect them to do a good job.'"
Posted at 10:38 AM by Howard Bashman




"DOJ wants Obama immigration actions to proceed while case is appealed": Ariane de Vogue of CNN.com has this report.

And Warren Richey of The Christian Science Monitor reports that "Federal appeals court to take up Obama's executive action on immigration; On Friday, government lawyers will ask the Fifth Circuit Court of Appeals to allow the president's executive action on immigration to move forward while a legal challenge filed by 26 states works its way through the courts."
Posted at 10:35 AM by Howard Bashman




"Gay rights and religious liberty: Can Americans have both? From an Indiana pizzeria to a Washington State florist, America is grappling with a clash between gay rights and religious liberty." Warren Richey of The Christian Science Monitor has this report.
Posted at 10:32 AM by Howard Bashman




"Meeting McVeigh: Given the opportunity to express some measure of remorse, he offered none at all." Kevin Johnson of USA Today has this report, along with an article headlined "Oklahoma bombing legacy: Victims' rights; Tragedy joined survivors, families of dead in making changes that continue today."
Posted at 10:28 AM by Howard Bashman




"US attorney says sentiments of all Marathon victims are important": In today's edition of The Boston Globe, Milton J. Valencia has an article that begins, "The Richard family's public plea for prosecutors to abandon their quest for the death penalty for Boston Marathon bomber Dzhokhar Tsarnaev comes days before jurors are set to return to federal court to begin the grueling process of determining Tsarnaev's punishment."

The article is referring to an essay titled "To end the anguish, drop the death penalty: In Bill and Denise Richard's own words."
Posted at 10:25 AM by Howard Bashman




"Guide to the Amicus Briefs in Obergefell v. Hodges: The Same-Sex Marriage Cases." Ruthann Robson had this post yesterday at the "Constitutional Law Prof Blog."
Posted at 10:18 AM by Howard Bashman




"Let Muslim women wear a full-face veil in court, says head of Supreme Court as he warns over bias against poor and foreign defendants ": The Daily Mail (UK) has an article that begins, "Muslim women should be allowed to wear a full-face veil while appearing in court, Britain's most senior judge has suggested."
Posted at 08:35 AM by Howard Bashman




"New Arizona law puts subsidized health insurance at risk": The Arizona Republic has an article that begins, "Gov. Doug Ducey signed a bill that could jeopardize health insurance for more than 150,000 Arizonans if the U.S. Supreme Court rejects subsidized coverage in Arizona and 33 other states."
Posted at 08:33 AM by Howard Bashman




"Time for Supreme Court transparency: Americans deserve to see their government at work every time the court convenes." U.S. Representative Mike Quigley (D-IL) has this essay online today at USA Today.
Posted at 08:30 AM by Howard Bashman




Thursday, April 16, 2015

"Some Fear Fallout From Preet Bharara's Tension With Judges": James B. Stewart will have this essay in Friday's edition of The New York Times.
Posted at 11:18 PM by Howard Bashman




"Clashes Intensify Over Stalled Nomination of Loretta Lynch": This article will appear in Friday's edition of The New York Times.
Posted at 11:14 PM by Howard Bashman




"The key players in Obama's appeal on deportation deferral program": The Los Angeles Times has an article that begins, "State and federal lawyers on opposite sides of the immigration divide are set to square off in federal appeals court Friday before three judges who will decide whether to lift a temporary stay on President Obama's executive action, which seeks to shield up to 5 million people from deportation."

And The Pittsburgh Tribune-Review reports that "Federal judge who blocked Obama immigration order painted as unbiased."

The oral argument from the injunction order will occur tomorrow morning before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit sitting in New Orleans. When the oral argument audio becomes available online, I will link to it.
Posted at 11:04 PM by Howard Bashman




"3rd Circ. Rules Aaron's Spying Classes Aren't Too Broad": Joe Van Acker of Law360.com has a report (subscription required for full access) that begins, "Consumers accusing Aaron's Inc. and dozens of its franchisees of spying on them through leased computers were wrongly denied class certification by a federal judge who improperly determined that their proposed class couldn't be ascertained because it was overly broad, the Third Circuit ruled Thursday."

You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link. Circuit Judge Marjorie O. Rendell issued a concurring opinion calling on the Third Circuit "to retreat from our heightened ascertainability requirement in favor of following the historical meaning of ascertainability under Rule 23."
Posted at 10:54 PM by Howard Bashman




"Candidates says $500,000 contribution will level the field in GOP primary for Supreme Court": The Associated Press has a report that begins, "A candidate who received the largest single campaign contribution reported so far in Pennsylvania's Supreme Court race said Thursday that the $500,000 will make him competitive in the May 19 Republican primary."
Posted at 10:18 PM by Howard Bashman




"Five key arguments loom in gay marriage case": Richard Wolf of USA Today has this report.
Posted at 09:28 PM by Howard Bashman




"Surf, Cry, Sue: Tort lawyers could burst class-action floodgates unless High Court acts." This editorial will appear in Sunday's edition of The Wall Street Journal. You can freely access the full text of the editorial via Google.
Posted at 09:14 PM by Howard Bashman




"Obama's climate change policy appears to survive early court challenge": David G. Savage of The Los Angeles Times has this report.

Coral Davenport of The New York Times reports that "Judges Skeptical of Challenge to Proposed E.P.A. Rule on Climate Change."

Amy Harder of The Wall Street Journal reports that "Appeals Court Skeptical of Case Against EPA Climate Rule; Judges indicate a lawsuit is premature because the rule isn't final." You can freely access the full text of the article via Google.

And Andrew Zajac of Bloomberg News reports that "Obama Carbon Rule Foes Face Skeptical Judges on Early Filing."
Posted at 09:10 PM by Howard Bashman




"Anita Hill Named Distinguished Faculty Member at Brandeis": Bloomberg News has this report.

Yesterday, Brandeis University issued a news release titled "Anita Hill named University Professor."
Posted at 08:54 PM by Howard Bashman




"Death Penalty For Tsarnaev Increasingly Unpopular, WBUR Poll Finds": WBUR-FM of Boston has this report.
Posted at 07:28 PM by Howard Bashman




"As U.S. gay-marriage battle looms, attorneys fight over fees": Joan Biskupic of Reuters has this report.
Posted at 04:44 PM by Howard Bashman




"U.S. judges raise doubts about early challenge for EPA carbon rules": Reuters has this report.

You can access the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit via this link (57.6 MB mp3 audio file). Laurence H. Tribe presents oral argument approximately 40 minutes into the audio recording.

Update: In other coverage, Jeremy P. Jacobs of Greenwire reports that "Skeptical judges question attack on EPA's proposed rule."
Posted at 03:14 PM by Howard Bashman




"Accused Facebook fraud fugitive still missing, U.S. appeals court hears": Nate Raymond of Reuters has this report.
Posted at 02:51 PM by Howard Bashman




"Ex-justice Orie Melvin sends out apology letters to state judiciary": Paula Reed Ward of The Pittsburgh Post-Gazette has this news update.

And Bobby Kerlik of The Pittsburgh Tribune-Review has a news update headlined "Joan Orie-Melvin sends second round of letters, more contrite, to judges."
Posted at 02:10 PM by Howard Bashman




"Supreme Court Stops Government Mandate for Fifth Time in a Row; Ruling protects Pennsylvania Catholic Charities; nuns may be next": The Becket Fund for Religious Liberty today issued this news release about an order that Justice Samuel A. Alito, Jr. issued last night
Posted at 02:06 PM by Howard Bashman




The Associated Press today provides extensive coverage of the same-sex marriage cases pending before the U.S. Supreme Court: You can access reports headlined "Gay marriage issue complicates immigration, motherhood"; "Legally married at work, but not at home"; "California couple part of Tennessee gay marriage challenge"; "Together 35 years, waiting for the right to marry"; "Lack of legal rights makes raising 2 teens more stressful"; "A new baby pulled NY couple into Ohio gay marriage lawsuit"; and "Michigan gay marriage challenge began as adoption case."
Posted at 01:12 PM by Howard Bashman




"Court skeptical of challenge to Obama's climate change plan": Sam Hananel of The Associated Press has this report.
Posted at 01:04 PM by Howard Bashman




"Va. Supreme Court allows Yelp to keep IDs of online critics private": Frank Green of The Richmond Times-Dispatch has this news update.

The Washington Post has a news update headlined "Yelp won't have to turn over names of anonymous users after court ruling."

The Washington Times has a news update headlined "Yelp can keep negative reviewers' IDs private, Va. Supreme Court rules."

And The Associated Press reports that "Virginia court rules state judge lacked authority to order Yelp to divulge users' identities."

You can access today's ruling of the Supreme Court of Virginia at this link.
Posted at 12:48 PM by Howard Bashman




"The Absurd Charge that Conservatives Have Been Bullied in the Marriage Equality Cases": David H. Gans has this post today at the "Text & History Blog" of the Constitutional Accountability Center.
Posted at 11:22 AM by Howard Bashman




"Mormon couple object to inclusion in U.S. Supreme Court gay marriage case": Jennifer Dobner of The Salt Lake Tribune has this report concerning one of the most unusual amicus briefs filed in these cases.

Zeke J Miller and Haley Sweetland Edwards of Time magazine report that "New Strategy Against Gay Marriage Divides GOP 2016 Field; Activists want to take on the Supreme Court."

And at the "Public Discourse" blog of The Witherspoon Institute, attorney Gene Schaerr has a post titled "Redefining Marriage Would Put Kids of Heterosexuals At Risk."
Posted at 10:58 AM by Howard Bashman




"'100 percent vindication': Ladera Ranch air marshal fired for whistleblowing wins another ruling." The Orange County Register has this report.
Posted at 10:54 AM by Howard Bashman




"State to highlight will of voters in gay marriage case": Oralandar Brand-Williams of The Detroit News has this report, along with an article headlined "Gay couple's marriage battle all about 'our children.'"
Posted at 10:42 AM by Howard Bashman




"Stories of love, life, death in high court gay marriage case": Mark Sherman of The Associated Press has this report.
Posted at 10:33 AM by Howard Bashman




"Justice Sandra Day O'Connor Honored for Promoting Civics Education": Mark Walsh has this post today at the "School Law" blog of Education Week.

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Female Supreme Court Justices Unite in Tribute to Sandra Day O'Connor." You can freely access the full text of the post via Google News.
Posted at 10:02 AM by Howard Bashman




"Fuller could still be impeached, despite dropped charges": Mary Troyan of The Montgomery Advertiser has an article that begins, "U.S. District Judge Mark Fuller has completed a pretrial diversion program and no longer faces a misdemeanor battery charge, but federal judges and Congress are still free to target him for other disciplinary action, including impeachment."

And that newspaper also has a related editorial titled "Fuller's record expunged, but not concerns."
Posted at 09:44 AM by Howard Bashman




"The right finds a fresh voice on same-sex marriage": Robert Barnes of The Washington Post has this report.

And today's broadcast of NPR's "Morning Edition" contained an audio segment titled "A North Dakota Family Breaks The Silence On Gay Marriage."
Posted at 09:23 AM by Howard Bashman




Access online the transcript of the Appellate Rules Hearing held in Washington, DC on April 1, 2015 to consider the pending proposed amendments to the Federal Rules of Appellate Procedure: You can access the transcript via this link. The main topic of discussion was the proposed FRAP briefing word limit reduction.

Once I have read the transcript, I will likely have more to say on the subject. And beginning one week from today in Philadelphia, the Advisory Committee on Appellate Rules is scheduled to hold a two-day meeting. I am planning to attend and observe that meeting so that I can provide readers of this blog with a first-hand account of what occurs.
Posted at 09:20 AM by Howard Bashman




"S.C. Supreme Court agrees to hear multimillion dollar Episcopal lawsuit": The Post and Courier of Charleston, South Carolina has this report.
Posted at 08:14 AM by Howard Bashman




"Obama nominates Minnesota Supreme Court Justice Wilhelmina Wright for federal judge seat": The Minneapolis Star Tribune has this blog post.
Posted at 08:12 AM by Howard Bashman




"The Trials of John Roberts: Supreme Court cases on gay marriage and the Affordable Care Act test the chief justice's commitment to judicial restraint." Jeffrey Rosen has this essay online at The Atlantic.
Posted at 08:09 AM by Howard Bashman




"Speaking Truth to the Supreme Court": Linda Greenhouse has this essay online today at The New York Times.
Posted at 08:03 AM by Howard Bashman




Wednesday, April 15, 2015

"Quebec town can't have prayers at council meetings, Supreme Court rules": The Toronto Globe and Mail has this report.

And The Montreal Gazette reports that "Cities dropping prayers, but politicians in Quebec City stick to crucifix in legislature."

You can access today's ruling of the Supreme Court of Canada at this link.
Posted at 11:36 PM by Howard Bashman




"If the separation of powers means anything, it must mean that the prosecutor isn't allowed to define the crimes he gets to enforce." So writes Circuit Judge Neil M. Gorsuch in a lengthy dissent today from the Tenth Circuit's denial of rehearing en banc in a SORNA case implicating a split with a ruling from the U.S. Court of Appeals for the Eighth Circuit.
Posted at 11:30 PM by Howard Bashman




"Appeals Court Agrees to Review Sirius XM's Challenge Over Pre-1972 Music; The 2nd Circuit will take up the issue of whether New York protects the public performance of older songs -- and whether that violates the U.S. Constitution": Eriq Gardner has this post today at the "Hollywood, Esq." blog of The Hollywood Reporter.
Posted at 10:57 PM by Howard Bashman




"Dismembered Protections: These new abortion bans may be the most dangerous yet." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:54 PM by Howard Bashman




"The 2nd Circuit can't agree on reach of civil RICO. Next stop SCOTUS?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight today has a report that begins, "If there was any doubt about the complexity of applying the U.S. Supreme Court's 2010 ruling in Morrison v. National Australia Bank to the Racketeer Influenced and Corrupt Organizations Act, it was resolved Monday by the 2nd U.S. Circuit Court of Appeals in a case called European Community v. RJR Nabisco."

My earlier coverage of the Second Circuit's recent order denying rehearing en banc, and the opinions concurring in and dissenting therefrom, can be accessed here.
Posted at 06:00 PM by Howard Bashman




"Radio Connects North Dakota Residents Divided On Gay Rights": This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 04:52 PM by Howard Bashman




"Supreme Court Has Opportunity To Halt Lawsuits By Uninjured Plaintiffs": Rich Samp of Washington Legal Foundation has this post today at Forbes.com.
Posted at 01:10 PM by Howard Bashman




"Chief Justice Roberts reports for jury duty in a Maryland court": Robert Barnes and Dan Morse of The Washington Post have this news update.
Posted at 01:05 PM by Howard Bashman




"What to watch for in federal court hearing on EPA carbon rules": Reuters has this report.
Posted at 12:30 PM by Howard Bashman




"The Death Penalty Deserves the Death Penalty": Lincoln Caplan has this post online today at The New Yorker.
Posted at 12:27 PM by Howard Bashman




"The Fifth Circuit Jumps the Non-Article III Shark": Steve Vladeck has this post today at "PrawfsBlawg."

And today at the "Maryland Appellate Blog," Steve Klepper has a post titled "The Judicial Policy Implications of Reckless Driving on Federal Land."

My earlier coverage of yesterday's divided Fifth Circuit ruling appears at this link.
Posted at 12:24 PM by Howard Bashman




"Superior Court panel starts session in Pottsville": The Republican Herald of Pottsville, Pennsylvania has this report, along with an article headlined "Superior Court panel hears 3 county cases."
Posted at 08:40 AM by Howard Bashman




"Appeals court backs Wal-Mart on barring stockholder proposal": The Arkansas Democrat-Gazette has this report.

The Washington Times reports that "Wal-Mart wins gun-sales case against investors who want to bar such purchases."

The Wall Street Journal reports that "Court Lets Wal-Mart Block Investor Proposal on Gun Sales; New York church had challenged sales of semiautomatic rifles." You can freely access the full text of the article via Google.

And Jonathan Stempel of Reuters reports that "Wal-Mart defeats bid for shareholder vote on gun sales."

My earlier coverage of yesterday's Third Circuit order appears at this link.
Posted at 08:34 AM by Howard Bashman




"Proposed Maryland Rule Heads Wrong Way on Unpublished Opinions": David R. Cleveland has this post at the "Appellate Advocacy Blog."
Posted at 08:26 AM by Howard Bashman




"Federal Circuit takes on En Banc Patent Exhaustion Case to Examine Impact of Kirtsaeng and Quanta": Dennis Crouch has this post at "Patently-O."
Posted at 08:23 AM by Howard Bashman




"San Jose takes fight against MLB to U.S. Supreme Court": Howard Mintz of The San Jose Mercury News has this report.
Posted at 08:15 AM by Howard Bashman




"Preview on same-sex marriage -- Part III, Supporting the couples": Lyle Denniston has this post -- the third in a four-part series -- today at "SCOTUSblog."
Posted at 08:14 AM by Howard Bashman




"Ignorance of the Law: A recent Supreme Court ruling allows the kind of traffic stop that led to Walter Scott's death." Cristian Farias has this jurisprudence essay online at Slate.
Posted at 08:10 AM by Howard Bashman




Tuesday, April 14, 2015

May a federal magistrate judge try, convict, and sentence a defendant for a petty offense committed on a federal enclave over the defendant's objection and insistence on an Article III judicial officer? The majority on a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit answered "yes" in a decision issued today.

Circuit Judge Stephen A Higginson issued an interesting dissenting opinion that you can access here.
Posted at 11:58 PM by Howard Bashman




"Guam attorney general directs Public Health to immediately begin processing gay marriage applications": The Pacific Daily News of Guam has this update.

And The Associated Press reports that "Guam to process gay marriage license applications."
Posted at 11:45 PM by Howard Bashman




"Posner Mania -- Two New Books Coming this January: One by Posner, the other on Posner." Ronald K.L. Collins has this post today at "Concurring Opinions."
Posted at 11:42 PM by Howard Bashman




"Sandra Day O'Connor's post-court legacy: Civics games." Greg Toppo of USA Today has this report.
Posted at 10:15 PM by Howard Bashman




"Same-sex marriage: Join the club." Steven Mazie has this post today at the "Democracy in America" blog of The Economist.
Posted at 06:00 PM by Howard Bashman




"Feds: Judge 'misconstrued' Obama on immigration." Josh Gerstein of Politico.com has a blog post that begins, "A federal judge got it wrong last week when he claimed President Barack Obama indicated that the changes he ordered to immigration policy late last year left immigration officials without discretion about how to handle specific cases, the Justice Department argued in a federal appeals court filing Tuesday."
Posted at 05:56 PM by Howard Bashman




"Battery charge against U.S. judge dropped, angering congresswoman": Reuters has this report.
Posted at 05:54 PM by Howard Bashman




"Sealed Tsarnaev Court Records: 'An Epidemic of Secrecy.'" Boston.com has this report.
Posted at 05:50 PM by Howard Bashman




"Wal-Mart Wins Appeals Court Ruling on Gun Oversight Vote": Bloomberg News has this report on an order (with opinion to follow) that a three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 04:33 PM by Howard Bashman




"This year's fight for the tech industry: Patent trolls." The Associated Press has this report.
Posted at 04:02 PM by Howard Bashman




"Gay mentor, belief in dignity at roots of Kennedy's views": Mark Sherman of The Associated Press has a report that begins, "The Irish Catholic boy who came of age in Sacramento after World War II is an unlikely candidate to be the author of the Supreme Court's major gay rights rulings."
Posted at 02:33 PM by Howard Bashman




"Wisconsin Chief Justice Shirley Abrahamson should drop her lawsuit": The Milwaukee Journal Sentinel has published this editorial.
Posted at 01:44 PM by Howard Bashman




"Alabama blogger ordered to pay $3.5 million in defamation lawsuit": Kent Faulk of The Birmingham News has this report.
Posted at 01:37 PM by Howard Bashman




"The Legal War Over Net Neutrality Has Begun: Groups representing all the major cable and phone companies have filed lawsuits against the FCC's rules." Brendan Sasso of National Journal has this report.

According to the article, "The National Cable and Telecommunications Association, which lobbies for Comcast and other major cable companies, is being represented by former U.S. Solicitor General Ted Olson and former U.S. Assistant to the Solicitor General Miguel Estrada."
Posted at 01:32 PM by Howard Bashman




"Appeals court affirms dismissal of Ron Johnson's Obamacare lawsuit": Patrick Marley of The Milwaukee Journal Sentinel has this news update reporting on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today.

In today's ruling, the Seventh Circuit decides to take the side of the Tenth Circuit in a split with the D.C. Circuit concerning whether "a political figure's assertion, without more, that the receipt (or option of receiving) a benefit will hurt his or her reputation or electoral prospects is [ ]sufficient to establish standing."
Posted at 01:15 PM by Howard Bashman




"'Leave the Ohio Democratic Party immediately,' Justice O'Neill tells fellow Dems; Ohio Supreme Court justice makes Facebook post after party endorses Strickland for U.S. Senate": Jessica Wehrman of The Columbus Dispatch has this report.
Posted at 01:05 PM by Howard Bashman




"Tsarnaev jurors can't watch Marathon, bombing anniversary coverage": Patricia Wen and Milton J. Valencia of The Boston Globe have a news update that begins, "The judge in the trial of Dzhokhar Tsarnaev told jurors Tuesday that the sentencing phase of the Boston Marathon bombing trial could last about four weeks."

Laurel J. Sweet of The Boston Herald has a news update headlined "Judge tells Tsarnaev jurors to avoid marathon, memorial events."

Reuters reports that "Boston bomb trial jurors barred from this year's marathon."

And The Associated Press has a report headlined "Judge: Jurors in Tsarnaev trial can't attend Boston Marathon."
Posted at 11:33 AM by Howard Bashman




"In N.D., Church Ceremonies Push Town To Grapple With Gay Rights": This audio segment appeared on today's broadcast of NPR's "Morning Edition."

And yesterday's broadcast contained a related audio segment titled "What We Talk About When We Talk About Gay Marriage."
Posted at 11:25 AM by Howard Bashman




"Constitution Check: Can Congress step in and decide how a court case should come out?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:50 AM by Howard Bashman




"Civil rights case filed to stop Florida boy's circumcision": The Associated Press has a report that begins, "The battle over a Florida boy's circumcision has moved to federal court."
Posted at 10:04 AM by Howard Bashman




"A 'thank you' to Ann Fessenden": Today at his "Hercules and the umpire" blog, Senior U.S. District Judge Richard G. Kopf has a post that begins, "Ann Fessenden will soon retire as the Eighth Circuit Librarian and Secretary to the Historical Society for the United States Courts in the Eighth Circuit."

Despite my not having made an appearance at a law librarians' convention during my Ninth Circuit-related visit to Seattle in July 2013, this blog certainly has great admiration for law librarians, especially since so many of them seem to enjoy this blog. (In a eerie coincidence, the 2015 law librarians' convention will be occurring in Philadelphia, Pa., making it so very easy for me to make an appearance at this year's convention.)
Posted at 09:57 AM by Howard Bashman




"'Bust a Moot' (ft. Elena Kagan and Eliot Spitzer)": "Harvard Parody: The totally unofficial blog of the Harvard Law School Drama Society" has posted this video on YouTube. And you can access the lyrics via this blog post.
Posted at 09:46 AM by Howard Bashman




"Professor Bibas makes argument for Supreme Court Clinic to help homeowners trying to save their homes": Penn Law has this report.
Posted at 08:29 AM by Howard Bashman




"Could the Supreme Court screw up Obamacare even worse than we thought?" Sarah Kliff of Vox has this report on a post titled "Could new state exchanges qualify for subsidies?" that Nicholas Bagley had yesterday at "The Incidental Economist" blog.
Posted at 08:25 AM by Howard Bashman




"Gay marriage case before Supreme Court is a battle over one word: single." Timothy M. Phelps of The Los Angeles Times has this report.

And Time magazine reports that "New Strategy Against Gay Marriage Divides GOP 2016 Field."
Posted at 08:22 AM by Howard Bashman




"How Not to Protect Pregnant Women": Law professor Deborah Tuerkheimer had this op-ed in yesterday's edition of The New York Times.
Posted at 08:12 AM by Howard Bashman




"Strip searches in Burlco may be costly; Judge's ruling that the county violated the law could end up costing millions": Yesterday's edition of The Philadelphia Inquirer contained an article that begins, "Burlington County has violated a New Jersey law that prohibits strip searches in minor-offense cases unless there is a reasonable suspicion that weapons, drugs, or other contraband are being concealed, a federal judge decided last month in a case filed seven years ago, before the U.S. Supreme Court weighed in on the issue."
Posted at 08:06 AM by Howard Bashman




"Overseer in water wars case orders that records be kept secret": Greg Bluestein of The Atlanta Journal-Constitution has this report.
Posted at 08:04 AM by Howard Bashman




"Preview on same-sex marriage -- Part II, The states' views": Lyle Denniston has this post -- the second in a four-part series -- today at "SCOTUSblog."
Posted at 08:02 AM by Howard Bashman




Monday, April 13, 2015

"Conservative group seeks to intervene in chief justice case": Patrick Marley of The Milwaukee Journal Sentinel has this report.

And Dee J. Hall of The Wisconsin State Journal reports that "Legal experts disagree on merits of chief justice lawsuit."
Posted at 11:58 PM by Howard Bashman




"Fresh battles over gay rights erupt in states as Supreme Court hearing nears": Sandhya Somashekhar of The Washington Post has this report.

Dennis Romboy of The Deseret News reports that "LDS Church, other religions urge Supreme Court to favor traditional marriage."

The Salt Lake Tribune reports that "Mormon church joins other faiths in asking U.S. Supreme Court for same-sex marriage ban."

And The Cleveland Plain Dealer reports that "Gay marriage U.S. Supreme Court plaintiff Jim Obergefell visits Capitol Hill from Ohio."
Posted at 11:47 PM by Howard Bashman




"Lawsuit Seeks Background on DOJ 'Apology' in Supreme Court Indian Cases; Freedom of Information Act suit seeks records about Neal Katyal's remarks in 2011": Tony Mauro has this post (with related video) today at "The BLT: The Blog of Legal Times."

You can freely access the full text of the post via Google News.
Posted at 10:28 PM by Howard Bashman




"Actavis: No apologies for seeking Alzheimer's drug profits." The Associated Press has this report on the oral argument that Lisa S. Blatt delivered today on behalf of Actavis in the U.S. Court of Appeals for the Second Circuit.

Unfortunately, the Second Circuit remains one of the few federal appellate courts that refuses to make the audio or video of its oral arguments readily available online.
Posted at 10:26 PM by Howard Bashman




"Officials react after concerns over Islamic law nix proposal": The Associated Press has a report that begins, "Idaho is at risk of losing millions of dollars in federal child support funding after conservatives in the Legislature killed a measure that would have brought the state into compliance with federal rules."

And in earlier coverage, The AP reported last Friday that "Idaho House panel kills bill because of Sharia law worries."
Posted at 06:00 PM by Howard Bashman




"Enshrining Rights in Constitution by Judicial Fiat Carries Risks": Tomorrow's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers, will contain this month's installment of my "Upon Further Review" column.

You can freely access the full text of the column via Google News.
Posted at 05:50 PM by Howard Bashman




"GOP judges in the majority on Obama immigration stay": Josh Gerstein of Politico.com has a blog post that begins, "A federal appeals court panel assigned to consider whether to temporarily lift a block on President Barack Obama's latest round of immigration-related executive actions leans Republican, 2-1, and contains a sharply conservative judge who drew national attention for clashing with the administration over Obama's health care reform law."
Posted at 05:42 PM by Howard Bashman




"Senator Mike Lee: Our Lost Constitution." Last Thursday, U.S. Senator Mike Lee (R-UT) spoke at the National Constitution Center about his new book. You can view the video of the event online by clicking here.
Posted at 04:50 PM by Howard Bashman




Access online the contents of the April 2015 issue of the Harvard Law Review: Via this link.
Posted at 04:45 PM by Howard Bashman




"U.S. court weighs whether to let Actavis drop Alzheimer's drug": Reuters has this report.
Posted at 04:40 PM by Howard Bashman




"Tennessee high court postpones all scheduled execution dates": The Associated Press has this report.
Posted at 04:38 PM by Howard Bashman




"Both sides ready arguments for case that could scotch EPA power plant rule": Jeremy P. Jacobs of Greenwire has this report on a case scheduled for oral argument Thursday in the U.S. Court of Appeals for the D.C. Circuit.
Posted at 03:46 PM by Howard Bashman




"Gay couple files marriage lawsuit": The Pacific Daily News of Guam has an article that begins, "Two women blocked from filing an application for marriage last week have filed a federal lawsuit against the governor and the Department of Public Health and Social Services Office of Vital Statistics registrar at the District Court of Guam."

And The Associated Press reports that "Same-sex couple on Guam challenge island's marriage laws."
Posted at 03:34 PM by Howard Bashman




"New Jersey gay therapy ban is upheld over boy's challenge": Jonathan Stempel of Reuters has this report on the ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 02:48 PM by Howard Bashman




"U.S. court allows EU money-laundering case vs RJ Reynolds": Jonathan Stempel of Reuters has a report that begins, "A sharply divided U.S. appeals court on Monday cleared the way for the European Union to pursue its lawsuit accusing R.J. Reynolds of running a global money-laundering scheme that involved drug and cigarette smuggling."

You can access today's order of the U.S. Court of Appeals for the Second Circuit denying rehearing en banc -- and the opinion concurring in the order and four opinions dissenting therefrom -- at this link.

This time, it appears that the order denying rehearing and three of the five judges writing separately decided to opt for "en banc" rather than "in banc."

My earlier coverage of the unanimous three-judge panel's ruling in this case can be accessed here. And in August of last year, the panel issued this per curiam decision denying panel rehearing.
Posted at 01:14 PM by Howard Bashman




"Revealing Tsarnaev verdict fell to restaurant manager; Panel picked Juror 286 as foreperson to organize deliberations": Milton J. Valencia has this article in today's edition of The Boston Globe.

And also in today's edition of that newspaper, John R. Ellement reports that "Sister of slain MIT officer opposes death penalty for Tsarnaev."
Posted at 11:58 AM by Howard Bashman




"Conspirator in Ohio 82 bridge-bombing plot loses appeal": The Cleveland Plain Dealer has this report.

My earlier coverage of Friday's Sixth Circuit ruling can be accessed here.
Posted at 10:36 AM by Howard Bashman




"Ignoring the Supreme Court When You Don't Like the Result": Law professor Ronald D. Rotunda has this essay online today at Justia's Verdict.
Posted at 10:33 AM by Howard Bashman




"Not another Dred Scott case, please": Sam Erman and Nathan Perl-Rosenthal have this essay at CNN.com.
Posted at 09:54 AM by Howard Bashman




"Preview on same-sex marriage -- Part I, The couples' views": Lyle Denniston has this post -- the first in a four-part series -- today at "SCOTUSblog."
Posted at 09:52 AM by Howard Bashman







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