Tuesday, February 19, 2013
"Easton Area gets second hearing in 'boobies' bracelet case; 3rd Circuit judges on Wednesday will hear about Easton district's ban on breast cancer bracelets": In Wednesday's edition of The Morning Call of Allentown, Pennsylvania, Peter Hall will have an article that begins, "More than a year-and-a-half after a judge nixed a ban on Easton Area School District students' wearing 'I [heart] Boobies!' breast cancer awareness bracelets, a federal appeals court on Wednesday will take a second look at the district's appeal."
Fourteen judges serving on the U.S. Court of Appeals for the Third Circuit are scheduled to hear reargument en banc in the case tomorrow at 10 a.m. eastern time. I will link to the audio of the oral argument when it becomes available online.
My earlier coverage of the Third Circuit's order granting rehearing en banc, which issued before the original three-judge panel had announced any decision on this appeal, can be accessed here and here.
"Supreme Court Gives F.T.C. a Win on Hospital Mergers": Wednesday's edition of The New York Times will contain this article.
And The Albany (Ga.) Herald reports that "Supreme Court rules in favor of FTC in Palmyra acquisition."
"A Company That Runs Prisons Will Have Its Name on a Stadium": This article will appear Wednesday in The New York Times.
"Roggensack, Fallone advance out of Supreme Court primary": Patrick Marley of The Milwaukee Journal Sentinel has this news update.
Posted at 10:33 PM by Howard Bashman
"Brand-name drug makers ask Alabama Supreme Court to reconsider ruling that generic drug consumers can sue them": The Birmingham News has this report.
Posted at 10:20 PM by Howard Bashman
"Supreme Court to consider limits on individual political contributions": Robert Barnes will have this article Wednesday in The Washington Post.
Politico.com reports that "Supreme Court will hear appeal of campaign donation limits."
The Hill reports that "High court to look at unlimited campaign contributions."
"Supreme Court Appears to Defend Patent on Soybean": Adam Liptak will have this article Wednesday in The New York Times.
In Wednesday's edition of The Washington Post, Robert Barnes will have an article headlined "Court weighs 'progeny' patent protections."
In Wednesday's edition of The Los Angeles Times, David G. Savage will have an article headlined "Justices skeptical of farmer who planted patented Monsanto seeds; Supreme Court justices suggest they would agree with Monsanto that its patent protection covers not just the first planting but also seeds generated later."
In Wednesday's edition of USA Today, Richard Wolf will have an article headlined "Supreme Court seems on Monsanto's side over seed patent; The patent case pits the future of biotechnology innovation against high farm prices; For now, it looks like innovation is winning."
The St. Louis Post-Dispatch reports that "Supreme Court hears arguments over Monsanto soybean patents."
The Indianapolis Star reports that "High court seems to favor Monsanto over Indiana farmer."
Jack Kaskey and Susan Decker of Bloomberg News report that "Top Court Justices Signal Support for Monsanto on Patents."
And at Ars Technica, Joe Mullin reports that "Farmer's Supreme Court fight to limit Monsanto seed patents looks bleak; Can patents on crops and seeds live on through the generations? Seems likely."
"Aaron Swartz files reveal how FBI tracked internet activist; Firedoglake blogger Daniel Wright publishes once-classified FBI documents that show extent of agency's investigation into Swartz": The Guardian (UK) has this report on a blog entry that Daniel S. Wright posted today at "Firedoglake." You can access the FBI file directly at this link.
Posted at 09:00 PM by Howard Bashman
"Microsoft sides with Oracle against Google in Java appeal": Dan Levine of Reuters has this report.
Posted at 08:52 PM by Howard Bashman
"Court rebuffs antitrust settlement with baby product companies": Andrew Longstreth of Reuters has this report.
"Hill granted stays of execution": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "Condemned killer Warren Hill has been granted stays of execution by the federal appeals court in Atlanta and the Georgia Court of Appeals, his lawyer said Tuesday."
The Associated Press reports that "Georgia execution halted at the last minute."
And online at The Atlantic, Andrew Cohen has an essay entitled "Warren Lee Hill, and His Cause, Live to Fight Another Day; 30 minutes before the moment of his lethal injection, two courts stay the execution of a mentally retarded prisoner so that they can evaluate his case."
"The Lesser Evil -- What the Obama administration isn't telling you about drones: The standard rule is capture, not kill." Law professor Ryan Goodman has this jurisprudence essay online at Slate.
Posted at 08:32 PM by Howard Bashman
"Sunstein appointed as Harvard University Professor": Harvard Law School issued this news release today.
Posted at 08:27 PM by Howard Bashman
"Jury deliberating case of Orie Melvin breaks for the day": Paula Reed Ward of The Pittsburgh Post-Gazette has a news update that begins, "The jury deliberating the case of suspended state Supreme Court Justice Joan Orie Melvin and her sister, Janine Orie, broke for the day about 4 p.m."
The Pittsburgh Tribune-Review has a news update headlined "Melvin jury will continue deliberations on Wednesday."
"U.S. justices hostile to farmer's argument against Monsanto": Lawrence Hurley of Reuters has this report.
And Ariane de Vogue of ABC News reports that "Indiana Farmer Takes on Seed Behemoth Monsanto; Justices Skeptical of Farmer's Claim."
"Antitrust Suits Backed by High Court in FTC Hospital Case": Greg Stohr of Bloomberg News has this report.
"Voting Rights Act: Do we still need it?" Richard Wolf will have this article Wednesday in USA Today.
Posted at 06:02 PM by Howard Bashman
"Supreme Court to Hear Campaign Finance Case": Adam Liptak will have this article Wednesday in The New York Times.
Posted at 06:00 PM by Howard Bashman
"Ronald Dworkin's Error: The distinguished legal scholar, who died last week, gave judges too much license to draw on their own sense of morality." Law professor Eric Posner has this essay online at Slate.
Posted at 04:37 PM by Howard Bashman
"A Bona Fide American Tragedy In 'The Terror Courts'": NPR Books today has this review of Jess Bravin's new book, "The Terror Courts: Rough Justice at Guantanamo Bay."
Tomorrow morning at 11 a.m. eastern time, Bravin is scheduled to appear on the second hour of American University Radio's "The Diane Rehm Show" to promote his book.
"Court Rejects $14 Million Fee For Lawyers, $3 Million For Their Clients": Daniel Fisher has this blog post at Forbes.com about a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
And at PointofLaw.com, Ted Frank -- who argued the appeal on behalf of the objectors to the class action settlement -- has a post titled "Third Circuit victory for CCAF in Baby Products settlement."
"Supreme Court sides with drug-sniffing dog": Robert Barnes of The Washington Post has this news update.
Michael Doyle of McClatchy Newspapers has an article headlined "Every drug dog has his day -- in court; even Supreme Court."
Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court rules that dog's sniff was up to snuff in roadside search; Supreme Court rules that a signal from a properly trained drug-detecting dog is enough to establish probable cause for a warrantless search of a vehicle during a roadside stop."
At "SCOTUSblog," Lyle Denniston has a post titled "Opinion recap: Trust the police dog."
And at "The Volokh Conspiracy," Orin Kerr has a post titled "Supreme Court Decides Florida v. Harris: No Bright Line Rules for Probable Cause, But Perhaps A Presumption or Two."
"Georgia court denies Hill stay of execution": The Atlanta Journal-Constitution has a news update that begins, "The Georgia Supreme Court has voted 5-2 to deny Warren Hill a stay of execution."
Posted at 03:04 PM by Howard Bashman
"U.S. Supreme Court clears way for former Redstone Arsenal soldier to pursue custody of daughter in Scotland": Brian Lawson of The Huntsville Times has this report.
Posted at 03:02 PM by Howard Bashman
"Columbia Law Professors Weigh in on Noel Canning": This post about the D.C. Circuit's recent recess appointment decision appeared yesterday at the "CLS Blue Sky Blog."
Posted at 02:58 PM by Howard Bashman
"FOIA case with Henrico roots heads to Supreme Court; In 2008, two agencies denied non-Virginians' requests for records": This article appeared yesterday in The Richmond Times-Dispatch.
Posted at 02:30 PM by Howard Bashman
"Supreme Court hears arguments over soybean patents": Mark Sherman of The Associated Press has this report.
Update: In other coverage, Jeremy P. Jacobs of Greenwire reports that "Justices seem skeptical about soybean farmer's challenge of biotech patents."
And David G. Savage of The Los Angeles Times has a news update headlined "Justices skeptical of farmer who planted patented seeds."
"Campaign donation issue reopened": Lyle Denniston has this post at "SCOTUSblog."
And Paul Blumenthal of The Huffington Post reports that "Supreme Court Takes Campaign Finance Case, Will Rule On Contribution Limits."
"Supreme Court to hear case of PPL and Lady Thatcher's legacy": Reuters has this report.
Posted at 11:37 AM by Howard Bashman
"Today at noon: Akhil Amar on the future of American rights -- live and on the web." Yale News has an event preview that begins, "In the months ahead the U.S. Supreme Court will consider disputes about same-sex marriage, voting rights, DNA testing, self-incrimination, and other urgent questions of Americans' rights."
"Supreme Court Advocacy Clinic Files Petition with High Court Over 'Norfolk Four' Case": Yale Law School issued this news release today.
Posted at 11:25 AM by Howard Bashman
"The Recess Appointments Clause (Part 1)": Neal Goldfarb has this post today at his blog, "LAWnLinguistics." His verdict: "the Recess Appointments Clause is a lot less clear than the D.C. Circuit makes it out to be, and the court's reasoning isn't very good."
Posted at 10:36 AM by Howard Bashman
"Voting Rights Act faces key test in Supreme Court; The Supreme Court will decide whether to strike a key part of the Voting Rights Act, which conservatives say is outdated and unfair to the South": David G. Savage of The Los Angeles Times has this report.
Posted at 10:28 AM by Howard Bashman
Access online today's rulings of the U.S. Supreme Court in argued cases: The Court today issued four decisions in argued cases.
3. Justice Anthony M. Kennedy delivered the opinion of the Court in Bailey v. United States, No. 11-770. Justice Antonin Scalia issued a concurring opinion, in which Justices Ruth Bader Ginsburg and Kagan joined. And Justice Stephen G. Breyer issued a dissenting opinion, in which Justices Clarence Thomas and Samuel A. Alito, Jr. joined. You can access the oral argument via this link.
4. And Chief Justice John G. Roberts, Jr. delivered the opinion for a unanimous Court in Chafin v. Chafin, No. 11-1347. Justice Ginsburg issued a concurring opinion, in which Justices Scalia and Breyer joined. You can access the oral argument via this link.
In early news coverage, The Associated Press has reports headlined "Court says police don't have to prove dog training"; "High court limits detention powers in searches"; "High court rules against Georgia hospital merger"; and "Court: US custody case not moot with child abroad."
From Reuters, Jonathan Stempel reports that "Supreme Court upholds police 'dog sniff' of truck." Lawrence Hurley and Jonathan Stempel report that "Top court rules for Army father in custody battle." And David Ingram reports that "Top court rules antitrust laws apply to hospital authority."
And Greg Stohr of Bloomberg News reports that "Police Dog Alert Justifies Search of Car, High Court Says."
Access online today's Order List of the U.S. Supreme Court: The Court has posted today's Order List at this link. The Court granted certiorari in one case and noted probable jurisdiction in a direct appeal. In addition, the Court requested the views of the Solicitor General in one case.
Lawrence Hurley of Reuters reports that "Supreme Court to hear workers' claims vs U.S. Steel" and "High court to consider campaign contribution limits." In addition, Jonathan Stempel of Reuters reports that "Supreme Court won't hear ex-Illinois Gov. George Ryan's appeal."
Greg Stohr of Bloomberg News reports that "Court Rejects LensCrafters on California Eye-Exam Rules." And Greg Stohr and Jonathan D. Salant report that "Supreme Court to Review Aggregate Campaign Donation Limit."
"Muskegon County juvenile lifer Amy Black seeks overturn of no-parole sentence": The Muskegon Chronicle has this report.
Posted at 08:37 AM by Howard Bashman
"British soldiers protected under human rights law, supreme court told; Families challenging ruling that soldiers conducting operations outside their base are not covered by convention": The Guardian (UK) has an article that begins, "British soldiers have the right, enshrined in European human rights law, to expect the government to take all reasonable steps to prevent them getting killed, the supreme court heard on Monday, in a case with profound implications for military commanders and their conduct of future operations."
Posted at 08:34 AM by Howard Bashman
"Decades after early battles, attorney tracks new challenge to voting act": This article appears today in The Clarion-Ledger of Jackson, Mississippi.
Posted at 08:33 AM by Howard Bashman
"Famed attorney talks LGBT rights": The Daily Athenaeum, the student newspaper of West Virginia University, has an article that begins, "Yesterday evening at the West Virginia University College of Law, famed Supreme Court Attorney Paul M. Smith spoke about his experiences with LGBT law in the United States."
Posted at 08:27 AM by Howard Bashman
"Cameras in Courtrooms": Mike Dorf has this post today at his blog, "Dorf on Law."
Posted at 08:14 AM by Howard Bashman
"Prisoner's Handwritten Petition Prompts Justices To Weigh Government Immunity": This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 08:12 AM by Howard Bashman
"Judicial merit selection is the wrong choice for Pennsylvania": Dan Pero has this op-ed today in The Patriot-News of Harrisburg, Pennsylvania.
And today in The Badger Herald, a student newspaper of the University of Wisconsin-Madison, Aaron Loudenslager has an op-ed titled "Elections undermine judicial system."