How Appealing

Tuesday, June 30, 2009

"The Roberts Court, Tipped by Kennedy": Adam Liptak will have this news analysis Wednesday in The New York Times.
Posted at 11:30 PM by Howard Bashman


"High Court Losses Stun Environmentalists; Environmentalists are 0-for-5 at the Supreme Court this term": Marcia Coyle of The National Law Journal has this report.

A similar article appeared recently in The Daily Journal of California.
Posted at 11:20 PM by Howard Bashman



"White House accepts convicted judge's resignation": The Associated Press has this report.
Posted at 11:17 PM by Howard Bashman


"Supreme Court Finds Bias Against White Firefighters": Adam Liptak has this article today in The New York Times. The newspaper also contains an article headlined "Supreme Court Ruling Offers Little Guidance on Hiring." And Linda Greenhouse has an op-ed entitled "The Court Changes the Game."

Today in The Washington Post, Robert Barnes reports that "Justices Rule for White Firemen In Bias Lawsuit; Sotomayor's Decision Is Overturned." The newspaper also contains an article headlined "No Peril Seen for Sotomayor"; an editorial entitled "Flunking the Test: The Supreme Court should have had more information before deciding the case of New Haven firefighters"; and an op-ed by columnist George F. Will entitled "On Race, The Slog Goes On."

In The Los Angeles Times, David G. Savage reports that "Ruling for white firefighters may alter hiring; The Supreme Court says white firefighters in New Haven, Conn., were the victims of illegal discrimination when the city tossed out their test results and denied them promotions." James Oliphant reports that "Ruling in firefighters case fuels critics of Sotomayor; The Supreme Court's reversal of a discrimination ruling by an appeals panel that included Sotomayor is seen by conservatives as a rebuke of her handling of the case." The newspaper also contains an editorial entitled "The Supreme Court's discrimination ruling: It's not black and white; The court faced complex issues in the New Haven, Conn., controversy; It offered a measured ruling."

In USA Today, Joan Biskupic reports that "Ruling's impact on hiring weighed; High court reverses Sotomayor's panel." The newspaper also contains an editorial entitled "Firefighters ruling draws new lines on race and hiring; Better ways than rigid tests exist to determine job promotions" and an op-ed by Michael E. Rosman entitled "Make race irrelevant: Not every workplace can end up 'looking like America.'"

In The Wall Street Journal, Jess Bravin and Suzanne Sataline report that "Ruling Upends Race's Role in Hiring." Bravin also has an article headlined "Decision Reflects Court's Deep Division." The newspaper also contains an editorial entitled "Firefighter Justice: The Supremes, Sotomayor, and racial jurisprudence."

Warren Richey of The Christian Science Monitor reports that "Firefighter ruling dials up heat on Sotomayor; The Supreme Court on Monday reversed a decision that she had made as part of a three-judge panel; The case centered on issues of race and discrimination." The newspaper also has an op-ed entitled "The Ricci ruling's real message: The heated, even political debate among the justices calls for a national race debate." And law professor Kermit Roosevelt has an op-ed entitled "The Ricci riddle and the law's limits: What you thought about the New Haven firefighters case was probably shaped less by logic or law than by your attitudes about the world."

The New Haven Register contains articles headlined "Firefighters win: 'Truest vindication' yet to come"; "Alito's opinion notes Kimber's heavy hand"; and "Decision shouldn't hurt Sotomayor, law experts say."

The Hartford Courant reports that "U.S. Supreme Court Rules In Favor Of New Haven Firefighters; Supreme Court Firefighter Opinion reverses a decision that U.S. Supreme Court nominee Sonia Sotomayor endorsed."

The Boston Globe reports that "Supreme Court rules in favor of Conn. firefighters; Group accused city of racial discrimination."

And law.com's Tony Mauro reports that "Justices Rule in Firefighters Bias Case, Bid Farewell to Souter."
Posted at 11:02 PM by Howard Bashman



"Justices to Review Campaign Finance Law Constraints": Robert Barnes has this article today in The Washington Post.

Today in The New York Times, Adam Liptak reports that "High Court Poised to Rewrite Spending Rules."

In The Los Angeles Times, David G. Savage reports that "Justices may end campaign finance ban on corporations; The high court delays a decision until next term on whether a documentary critical of Hillary Clinton can be regulated as a type of campaign ad."

In The Wall Street Journal, Jess Bravin reports that "New Hearings Ordered in Campaign-Finance Case."

And USA Today reports that "Justices will rehear 'Hillary' movie case."
Posted at 09:22 PM by Howard Bashman



"Poetry, as Souter Takes Leave": Adam Liptak has this article today in The New York Times.

Warren Richey of The Christian Science Monitor reports that "After 19 years, Souter and the Supreme Court part, with poetry; As the New Englander retires, he and Chief Justice John Roberts exchange warm letters of farewell -- and a few verses of Robert Frost."

And today in The Washington Post, Dana Milbank's "Washington Sketch" column is headlined "Mr. Smith Leaves Washington."
Posted at 09:00 PM by Howard Bashman



"Supreme Court Allows Wider DVR Use": This article appears today in The New York Times.

The Los Angeles Times reports today that "Court clears way for Cablevision to offer remote-storage DVR; Cable subscribers would be able to store programs to watch later; Justices turn down an appeal from broadcasters and Hollywood studios, which said the extra viewings would violate copyrights."

And The Wall Street Journal reports that "High Court Boosts Remote DVR; Cablevision's Victory Could Lead to Wider Compromise on New Technology."
Posted at 08:44 PM by Howard Bashman



"Supreme Court Refuses Case by Sept. 11 Victims' Families": Eric Lichtblau has this article today in The New York Times.

And The Philadelphia Inquirer reports today that "Justices uphold rejection of 9/11 suit against Saudis."
Posted at 08:37 PM by Howard Bashman



"Justices Rule That States Can Press Bank Cases": John Schwartz has this article today in The New York Times.

The Wall Street Journal reports today that "States Get More Power to Challenge National Banks."

In The Los Angeles Times, Jim Puzzanghera reports that "States gain more power over banks; Supreme Court says local governments can enforce some of their consumer protections against national financial institutions."

The Washington Post reports that "Ruling Adds Teeth to State Oversight of Banks; Supreme Court Gives States Power to Take Nationally Chartered Banks to Court Over Lending Practices."

McClatchy Newspapers report that "Scalia breaks ranks, slams Bush officials on bank regulation."

USA Today reports that "States win right to probe banks; Supreme Court ruling sides with consumers, civil rights groups."

And Marcia Coyle of The National Law Journal reports that "High Court Rules States Can Enforce Fair Lending Laws."
Posted at 08:30 PM by Howard Bashman



"Tracing Xenophobic Internet Chatter to Its Roots in New Jersey Town": The New York Times today contains an article that begins, "The words of Hal Turner, incendiary and provincial as they might seem, have echoed far beyond the small Internet radio studio in his home in North Bergen, N.J., where, until his arrest last week, a neighbor knew him to be cordial if frequently confrontational."
Posted at 08:17 PM by Howard Bashman


"New Rift Opens Over Rights of Detainees": Yesterday in The Wall Street Journal, Jess Bravin had a front page article that begins, "The Justice Department has determined that detainees tried by military commissions in the U.S. can claim at least some constitutional rights, particularly protection against the use of statements taken through coercive interrogations, officials said."
Posted at 08:10 PM by Howard Bashman


"No Regrets on Prop 8, Calif. Chief Justice Says": law.com has this report.
Posted at 07:55 PM by Howard Bashman


"High court curves in conservative direction; This term's trend was narrower interpretations": Joan Biskupic has this article today in USA Today.
Posted at 07:52 PM by Howard Bashman


"Court: Stay tuned on campaign funds, civil rights." Mark Sherman of The Associated Press has a report that begins, "On civil rights and campaign cash, the Supreme Court earned an 'incomplete' grade in the term that just ended."
Posted at 07:42 PM by Howard Bashman


"Campaign Finance Case and the Vote on Sotomayor": Tony Mauro has this post at "The BLT: The Blog of Legal Times."

And at his "Election Law Blog," law professor Rick Hasen has a post titled "Citizens United: What Did Justice Souter Know and When Did He Know It?"
Posted at 05:18 PM by Howard Bashman



"Supreme Court says Franken won; Coleman concedes and Pawlenty says he will sign an election certificate": The St. Paul Pioneer Press has this news update.

The New York Times has a news update headlined "Court Backs Franken in Senate Race; Coleman Concedes."

And The Los Angeles Times has a news update headlined "Norm Coleman concedes Minnesota Senate race to Al Franken; The former senator concedes after the Minnesota Supreme Court rules in Franken's favor in the long ballot recount."
Posted at 05:02 PM by Howard Bashman



"State Supreme Court rules for Franken, 5-0": The Minneapolis Star Tribune has a news update that begins, "The Minnesota Supreme Court ruled today that Democrat Al Franken won the U.S. Senate election and said he was entitled to an election certificate that would lead to him being seated in the Senate."

And The Associated Press reports that "Minn. court rules for Franken in Senate fight."

You can access today's ruling of the Supreme Court of Minnesota at this link.
Posted at 02:40 PM by Howard Bashman



"New York City bar: Sotomayor 'highly qualified.'" The Associated Press has this report.

You can access the organization's press release by clicking here.
Posted at 01:54 PM by Howard Bashman



"Thoughts on this Term and the Next": Tom Goldstein has this post at "SCOTUSblog."
Posted at 08:05 AM by Howard Bashman


"Supreme Court takes Weyhrauch mail-fraud issue; Lawyer says decision deals 'serious blow' to federal case": The Anchorage Daily News today contains an article that begins, "The U.S. Supreme Court on Monday agreed to hear an appeal by former Alaska Rep. Bruce Weyhrauch that prosecutors shouldn't be allowed to say he cheated Alaska's citizens when he secretly sought work from the oil-field service company Veco during the 2006 legislative session."
Posted at 08:00 AM by Howard Bashman


Monday, June 29, 2009

"Exxon to pay interest on spill damages": The Anchorage Daily News has an update that begins, "Exxon Mobil Corp. said today it won't appeal nearly $500 million in interest that a court recently ordered it to pay to Alaska fishermen, business owners and others harmed by the 1989 Exxon Valdez oil spill."

And The Associated Press reports that "Exxon to pay interest on Valdez oil spill damages."
Posted at 07:55 PM by Howard Bashman



"Discrimination ruling shapes Sotomayor debate": The Associated Press has this report.
Posted at 06:25 PM by Howard Bashman


"The Supreme Court Gets Ready To Turn on the Corporate Fundraising Spigot: The case about the anti-Hillary ad got pushed back till September--and got bigger." Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this jurisprudence essay online at Slate.
Posted at 03:40 PM by Howard Bashman


"U.S high court: Saudi Arabia can't be sued over 9/11." The Philadelphia Inquirer has this news update.
Posted at 02:57 PM by Howard Bashman


Access online this afternoon's Order List of the U.S. Supreme Court: This Order List contains one additional grant of review. The Order List also contains the supplemental briefing order in Citizens United v. Federal Election Comm'n, No. 08-205. And last but not least, the Order List contains a new Allotment Order assigning Justice Stephen G. Breyer to serve as Circuit Justice for the First Circuit and assigning Justice Samuel A. Alito, Jr. to serve as Circuit Justice for the Third Circuit.

At "SCOTUSblog," Lyle Denniston has posts titled "New lab report case granted" and "Briefing set on Citizens United rehear."

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Supreme Court's Odd Not-so-Final Day."
Posted at 02:35 PM by Howard Bashman



"U.S. Supreme Court looks over 9th Circuit's shoulder; This term, justices reversed, at least partially, 94% of the Western appeals court's rulings; Part of the reason, experts say, is the court is perceived as liberal and partial to the underdog": Carol J. Williams has this article today in The Los Angeles Times.
Posted at 01:15 PM by Howard Bashman


"White firefighters were victims of discrimination, Supreme Court rules; Justices rule, 5-4, that New Haven, Conn., was wrong to deny promotions to the firefighters, who outscored black colleagues on a test; The decision overturns a ruling supported by Sonia Sotomayor": David G. Savage of The Los Angeles Times has this news update.
Posted at 01:12 PM by Howard Bashman


"High Court Rules for White Firefighters in Discrimination Suit; Ruling Reverses High-Profile Decision by Supreme Court Nominee Sonia Sotomayor": Robert Barnes of The Washington Post has this news update.
Posted at 12:32 PM by Howard Bashman


"Supreme Court rules for white firefighters in bias case": Michael Doyle of McClatchy Newspapers has this report.

James Vicini of Reuters reports that "Supreme Court rules against city in race-based promotions case."

Greg Stohr of Bloomberg News reports that "Sotomayor Firefighter Ruling Reversed by High Court."

The Hartford Courant has a news update headlined "Court Rules For White New Haven Firefighters Over Promotions; Opinion reverses a decision that U.S. Supreme Court nominee Sonia Sotomayor endorsed."

And The New Haven Register has a news update headlined "Court rules for white firefighters over promotions."
Posted at 11:48 AM by Howard Bashman



"Souter bids goodbye to Supreme Court colleagues": The Associated Press has this report.
Posted at 11:40 AM by Howard Bashman


"Chief Justice Roberts Speaks on Too-Long Briefs, Too Many Questions": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Via LexisNexis News, you can access a transcript of the Chief Justice's remarks Satuday at the Fourth Circuit's Judicial Conference by clicking here.
Posted at 10:22 AM by Howard Bashman


Access online today's Order List and final decisions in cases argued this term at the U.S. Supreme Court: At 10 a.m. eastern time today, the Supreme Court of the United States will issue an Order List and its rulings in the final three undecided argued cases from this Term.

In alphabetical order, the three remaining undecided cases are:

1. Citizens United v. Federal Election Comm'n, No. 08-205. You can access the oral argument transcript at this link. Update: There will be no ruling in the Citizens United case today because the Court has ordered reargument next Term.

2. Cuomo v. Clearing House Assn., L.L.C., No. 08-453. You can access the Court's ruling at this link (update: now available online) and the oral argument transcript at this link. Justice Antonin Scalia delivered the opinion of the Court, in which Justices John Paul Stevens, David H. Souter, Ruth Bader Ginsburg, and Stephen G. Breyer joined. Justice Clarence Thomas issued an opinion concurring in part and dissenting in part, in which the Chief Justice and Justices Anthony M. Kennedy and Samuel A. Alito, Jr. joined. You can also access the Cuomo ruling by clicking here.

3. Ricci v. DeStefano, No. 07-1428. You can access the Court's ruling at this link (udpate: now available online) and the oral argument transcript at this link. Justice Kennedy delivered the opinion of the Court, in which the Chief Justice and Justices Scalia, Thomas, and Alito, Jr. joined. Justice Scalia also issued a concurring opinion, Justice Alito also issued a concurring opinion, in which Justices Scalia and Thomas joined. Justice Ginsburg issued a dissenting opinion, in which Justices Stevens, Souter, and Breyer joined. You can also access the Ricci ruling by clicking here.

You can access today's Order List at this link (update: now available online). The Court granted review in six cases.

"SCOTUSblog" will provide live coverage of the announcement of today's rulings via a post you can access here.

Decisions in argued cases are announced in reverse order of seniority of the Justice who wrote the opinion of the Court or whose opinion announces the judgment of the Court. On Thursday of last week, the Court was posting its opinions in argued cases almost immediately after the decision was announced in the courtroom.

In early news coverage, The Associated Press has reports headlined"Court rules for white firefighters over promotions"; "Court: AG must go to court to probe nat'l banks"; "Court fails to decide on anti-Hillary movie"; "Court takes case over licensing of NFL apparel"; "Court takes on international child custody case"; "Court won't hear Sept. 11 claims vs. Saudi Arabia"; "High court won't block remote storage DVR"; "Court won't decide privacy of prescription pads"; "Court rejects Mo. appeal on funeral protest law": and "Court won't get involved in Bible club question."
Posted at 09:50 AM by Howard Bashman



"Judgement Day: Supreme Court to issue discrimination ruling." Today's edition of The New Haven Register contains an article that begins, "As eyes across America focus on New Haven and await a potentially landmark Supreme Court decision today on the firefighters' promotion case, it's all old news in the city firehouses."

And The Hartford Courant has a news update headlined "Decision Expected On New Haven Firefighters Case."
Posted at 08:22 AM by Howard Bashman



"New Guidance Issued on Military Trials of Detainees": This article appears today in The New York Times.
Posted at 08:20 AM by Howard Bashman


"Private Thomas": Yoni Brenner has this "Shouts & Murmurs" essay in the Talk of the Town section of the July 6, 2009 issue of The New Yorker.
Posted at 08:15 AM by Howard Bashman


"Assembly confirms Suttell as chief justice": Last Friday's edition of The Providence (R.I.) Journal contained an article that begins, "In 13 minutes flat, the state Senate on Thursday unanimously confirmed Supreme Court Justice Paul A. Suttell as Rhode Island's 51st chief justice."
Posted at 08:10 AM by Howard Bashman


"Newtown Square mom may take case to Supreme Court": The Philadelphia Inquirer today contains an article that begins, "The decision that Donna Kay Busch and her attorneys must make by Aug. 31 could put the Newtown Square mother of three before the U.S. Supreme Court. She is considering whether to continue with a case that tackles issues of free speech and separation of church and state. If she goes forward, Busch says, the only cause she wants to strike a blow for is her son Wesley."
Posted at 08:07 AM by Howard Bashman


"Supreme Court bidding goodbye to Souter": The Associated Press has this report.
Posted at 08:04 AM by Howard Bashman


Sunday, June 28, 2009

"A fire litmus test": Today's edition of The New Haven Register contains an article that begins, "The U.S. Supreme Court is about to issue its decision on the case of 20 New Haven firefighters who claim the city discriminated against them when it threw out results of its 2003 tests for captain and firefighter positions."
Posted at 10:58 PM by Howard Bashman


"GOP leader says time needed for Sotomayor records": The Associated Press has this report.
Posted at 10:20 PM by Howard Bashman


"Harmonious week for the Roberts court; In two key cases, the normally fractured court comes together 8 to 1 to preserve the Voting Rights Act and oppose the strip search of a 13-year-old at school; But the harmony's unlikely to last": David G. Savage will have this article Monday in The Los Angeles Times.
Posted at 10:17 PM by Howard Bashman


"As Supreme Court Break Nears, Big Cases Remain": This evening's broadcast of NPR's "All Things Considered" contained this audio segment (RealPlayer required) featuring Dahlia Lithwick.
Posted at 09:15 PM by Howard Bashman


Saturday, June 27, 2009

"Don't Call It An Attack, Sotomayor Critics Say": Keith Perine has this report online at CQ Politics.
Posted at 11:24 PM by Howard Bashman


"Supreme Court Says Child's Rights Violated by Strip Search": Adam Liptak had this article yesterday in The New York Times. The newspaper also contained an editorial entitled "An Unreasonable Search."

Yesterday in The Washington Post, Robert Barnes had an article headlined "Student Strip Search Illegal; School Violated Teen Girl's Rights, Supreme Court Rules." The newspaper also contained an editorial entitled "Strip Searches and the Law: A smart compromise balances the rights of students with the needs of school administrators."

Yesterday in The Los Angeles Times, David G. Savage had an article headlined "Supreme Court declares strip-search of student unconstitutional; The 8-1 decision says Arizona school officials lacked justification for such an invasive search of a 13-year-old girl, who was suspected of hiding ibuprofen pills." And today's newspaper contains an editorial entitled "A common-sense ruling on strip searches: A Supreme Court decision lays down a bright line for school officials."

In yesterday's edition of USA Today, Joan Biskupic reported that "Strip search at school violated girl's rights, high court rules; Souter says there must be 'reasonable suspicion of danger.'" The newspaper also contained an editorial entitled "Strip-search case ends in victory for common sense: Justices' ruling exposes folly of ham-handed 'zero-tolerance' policies," while Francisco M. Negron had an op-ed entitled "Ruling missed opportunity: Justices didn't clarify boundaries for schools on 'personal searches.'"

Yesterday in The Wall Street Journal, Jess Bravin reported that "Court Faults Strip-Search of Student."

Warren Richey of The Christian Science Monitor had an article headlined "Supreme Court: Strip-search of 13-year-old girl was illegal; The decision sets the standard for how far school officials can go in conducting searches of students' property."

law.com's Tony Mauro reported that "Supreme Court rules student strip search unconstitutional."

And yesterday in The Arizona Daily Star, Howard Fischer had an article headlined "US high court: Strip search unjustified."
Posted at 03:40 PM by Howard Bashman



"Supreme Court Sides With Arizona in Language Case": This article appeared yesterday in The New York Times.

Yesterday's edition of The Arizona Republic contained an article headlined "Court rules in favor of state in 17-year English-learner battle; Justices: Court didn't weigh recent educational efforts" and an editorial entitled "Let's build on what works for students."

And yesterday in The Arizona Daily Star, Howard Fischer had an article headlined "US justices void order to increase ELL money statewide."
Posted at 03:15 PM by Howard Bashman



"Chief Justice: High court not setting school rules." The Associated Press has a report that begins, "Don't look to the Supreme Court to set school rules, only to clarify them when officials have abdicated that responsibility, Chief Justice John Roberts said Saturday."
Posted at 03:00 PM by Howard Bashman


"Justices Rule Lab Analysts Must Testify on Results": Adam Liptak had this article yesterday in The New York Times.

Yesterday in The Washington Post, Robert Barnes reported that "Defendants Have Right To Confront Analysts of Forensics, Court Rules."

Yesterday in The Los Angeles Times, David G. Savage reported that "Defendant can cross-examine forensic experts, Supreme Court rules; Technicians who prepare crime lab reports can be called forth as witnesses, justices say, reversing a conviction of a Massachusetts man accused of selling cocaine."

Warren Richey of The Christian Science Monitor reports that "Supreme Court says criminal defendants can challenge forensic experts; Minority justices warn that the guilty 'will go free on the most technical grounds.'"

law.com's Tony Mauro reports that "Forensic ruling adds burden for prosecutors; High court says prosecutors must use witnesses to present evidence."

Yesterday in The Boston Globe, Jonathan Saltzman and John Ellement reported that "Accused win right to query forensics; High court rules on confronting scientific evidence."

And yesterday's edition of The Boston Herald contained an article headlined "High court sides with con; Coakley loses fight to uphold man's drug conviction" and an editorial entitled "A win for drug dealers."
Posted at 02:57 PM by Howard Bashman



"2nd Delay Sought On Detainee Report; Justice Dept. Wants More Review": Today's edition of The Washington Post contains an article that begins, "Justice Department lawyers told a federal judge yesterday that the disclosure of a hotly anticipated 2004 report by the CIA inspector general on the Bush administration's interrogation program for terrorism suspects will be delayed until shortly before the July 4 holiday weekend."
Posted at 02:30 PM by Howard Bashman


"White House Weighs Order on Detention; Officials: Move Would Reassert Power To Hold Terror Suspects Indefinitely." This article appears today in The Washington Post.

And The New York TImes reports today that "Shift Possible on Terror Suspects' Detention."
Posted at 02:28 PM by Howard Bashman



"Government Takes Side of Investors; Supports Right to Sue Over Excessive Fees": Yesterday's edition of The Wall Street Journal contained an article that begins, "The government has waded into a Supreme Court case that could determine the future of mutual-fund fees, arguing it believes a lower court went too far in restricting investors' ability to sue funds over what they considered excessive fees."
Posted at 02:20 PM by Howard Bashman


"Old Confirmation Wars Fueling Some Critics Now": Neil A. Lewis had this article yesterday in The New York Times. Yesterday's newspaper also contained an article headlined "Court Nominee Criticized as Relying on Foreign Law."

Meanwhile, in commentary, the McClatchy-Tribune News Service has posted online an op-ed by Michael Gonzalez entitled "Sotomayor and racial identity politics."

And earlier this week, columnist Linda P. Campbell of The Fort Worth Star-Telegram had an op-ed entitled "'Activist' judges come in both liberal and conservative robes."
Posted at 11:20 AM by Howard Bashman



"Court: Homeless not subject to Megan's Law." Today's edition of The Patriot-News of Harrisburg, Pennsylvania contains an article that begins, "A state Superior Court panel ruled Friday that convicted sexual offenders cannot be held subject to Megan's Law registration requirements if they are homeless. The state appellate court found that William H. Wilgus should not have been prosecuted for violating the requirements to register his address with state police because he could not find a home after being released from prison in 2007."

You can access yesterday's ruling of the Superior Court of Pennsylvania at this link.
Posted at 10:50 AM by Howard Bashman



In yesterday's mail: I received a copy a new book written by Pulitzer Prize-winning author James MacGregor Burns, "Packing the Court: The Rise of Judicial Power and the Coming Crisis of the Supreme Court."
Posted at 10:20 AM by Howard Bashman


"Business Capitalizes on Ruling in Political Case": Today's edition of The Wall Street Journal contains an article that begins, "A U.S. Supreme Court ruling focused on national security may end up as the most significant decision for business in the court's about-to-conclude 2008-2009 term. Ashcroft v. Iqbal, released in May, will make it harder to bring a lawsuit without specific factual evidence, raising the threshold for moving a case into expensive litigation and possibly saving companies millions of dollars in legal fees."
Posted at 10:12 AM by Howard Bashman


The Associated Press is reporting: Mark Sherman reports that "Supreme Court to decide final 3 cases on Monday."

And in other news, "NFL asks high court to weigh in on antitrust case."
Posted at 10:00 AM by Howard Bashman



Friday, June 26, 2009

"Judge Kent resigns amid impeachment proceedings": This article appears today in The Houston Chronicle.

The Galveston County Daily News reports today that "From behind bars Kent resigns from bench."

Saturday's edition of The Washington Times will report that "Impeached judge Samuel B. Kent tenders his resignation; Move could avert Senate trial."

And Bloomberg News reports that "U.S. Judge Kent in Texas Resigns After House Impeachment."
Posted at 11:45 PM by Howard Bashman



Available online from law.com: Tony Mauro has an article headlined "Can the Voting Rights Act Survive Another Challenge? Lawyers say release from federal supervision may get easier in wake of Supreme Court ruling."

And in other news, "Scalia Discusses Conjunctions, Contractions and Pet Peeves at Texas Bar Event."
Posted at 11:32 PM by Howard Bashman



"Sotomayor 2d Am. case now at Court": Lyle Denniston has this post at "SCOTUSblog."
Posted at 11:08 PM by Howard Bashman


"Forgo vs. Forego": Eugene Volokh has this post at "The Volokh Conspiracy" today in response to this post of mine from Tuesday.
Posted at 11:05 PM by Howard Bashman


"Chief Justice wrote of limits to Jackson acclaim": The Associated Press has a report that begins, "Presidents named Reagan, Bush and Clinton applauded Michael Jackson in his lifetime. John Roberts, now the nation's chief justice, said there were limits to adulation of a pop star."

And at "The Caucus" blog of The New York Times, Charlie Savage has a post titled "From the White House Files: A Fight Over Michael Jackson."
Posted at 10:58 PM by Howard Bashman



"Protesters in Pasadena decry past interrogation techniques": Today's edition of The Pasadena Star-News contains an article that begins, "About two dozen activists, some hooded and clad in orange jumpsuits, gathered to protest U.S. interrogation policies Thursday in front of the Ninth District Court of Appeals on Grand Avenue. The protesters singled out Judge Jay Bybee, a former attorney from the Office of Legal Counsel in the Bush Administration. Bybee now serves on the Ninth Circuit Court of Appeals."
Posted at 12:14 PM by Howard Bashman


"Congressional Research Service on Sotomayor: Hard to Categorize." Tony Mauro has this post at "The BLT: The Blog of Legal Times."

By clicking here, you can access the Congressional Research Service report titled "Judge Sonia Sotomayor: Analysis of Selected Opinions."
Posted at 12:11 PM by Howard Bashman



Thursday, June 25, 2009

"Environmental Issues Lose in Supreme Court; Mining Decision is Fifth to Disappoint Activists This Term": Lawrence Hurley has this article today in The Daily Journal of California.
Posted at 10:28 PM by Howard Bashman


"Hustler could appeal ruling on nude photos of Benoit's wife": The Atlanta Journal-Constitution has a news update that begins, "Hustler Magazine had no right to publish nude photographs of Chris Benoit's deceased wife, a federal appeals court ruled Thursday. The family of the late Nancy Benoit filed a federal suit against Larry Flynt Publishing Group last year after Hustler published nude photographs of the professional wrestler's wife."

And The Associated Press has a report headlined "Court: Hustler wrong to print dead woman's photos."

You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 08:05 PM by Howard Bashman



"Judge Kent resigns amid impeachment proceedings": The Houston Chronicle has a news update that begins, "U.S. District Judge Samuel Kent resigned via an unusual no-frills letter that he hand-delivered in prison to two Senate officials who had come to serve a summons on him as part of ongoing impeachment proceedings in the Congress of the United States."

The Galveston County Daily News has an update headlined "From behind bars Kent resigns from bench."

And The Associated Press reports that "Impeached federal judge to resign."
Posted at 07:52 PM by Howard Bashman



"Law need not bow to chemistry": At "SCOTUSblog," Lyle Denniston has a post that begins, "Expressing a heavy dose of skepticism that crime lab reports are so reliable as to be beyond question, the Supreme Court on Thursday cleared the way for chemists and other scientists who prepare such reports to be summoned to the witness stand in criminal trials to defend their analyses."

And Jonathan Saltzman of The Boston Globe has a news update headlined "Supreme Court rules in Boston drug case."
Posted at 05:12 PM by Howard Bashman



"No bail for blogger accused of threatening judges": The Associated Press has this report.
Posted at 05:03 PM by Howard Bashman


"We must decide whether a distributor of Internet security software is entitled to immunity under the safe harbor provision of the Communications Decency Act of 1996 from a suit claiming that its software interfered with the use of downloadable programs by customers of an online media company." A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit answers "yes" in this opinion issued today.
Posted at 02:11 PM by Howard Bashman


En banc Seventh Circuit rejects federal death row inmate's constitutional challenge to a policy that prohibits federal death row inmates from giving face-to-face interviews with the media and from talking with the media about other inmates: Chief Judge Frank H. Easterbrook wrote the en banc majority opinion. The en banc court's vote in favor of this outcome was 5-3, with three other judges not participating in the decision.

The three dissenters from today's en banc ruling were the same three judges who joined in a unanimous three-judge panel opinion issued in January 2008 that had reinstated (until vacated by the order granting rehearing en banc) the prisoner's lawsuit challenging the policy. My earlier coverage of that ruling appears at this link.

You can access the en banc oral argument audio via this link (10.6MB mp3 audio file).
Posted at 02:00 PM by Howard Bashman



"Strip search of teen was unconstitutional, Supreme Court rules; The high court says the search of a 13-year-old girl at an Arizona middle school was unjustified; But justices reject the suit against school employees, saying the law had not been clear": David G. Savage of The Los Angeles Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court Rules School's Strip Search of Girl Was Illegal."

Michael Doyle of McClatchy Newspapers has an article headlined "Supreme Court: Strip search of 13-year-old unconstitutional."

Bill Mears of CNN.com reports that "Teen strip-searched in school wins partial victory."

At "SCOTUSblog," Lyle Denniston has a post titled "Some expansion of student privacy."

And at "The School Law Blog" of Education Week, Mark Walsh has a post titled "Strip-Search Decision Adds Clarity for Students and Schools."
Posted at 01:33 PM by Howard Bashman



"Top court requires lab analyst testimony": James Vicini of Reuters has this report.
Posted at 12:20 PM by Howard Bashman


"Strip Search of Student Was Illegal, Top Court Says": Greg Stohr of Bloomberg News has this report.

And James Vicini of Reuters reports that "Supreme Court rejects school strip search."
Posted at 12:18 PM by Howard Bashman



"Court eases rules on English learner program": The Arizona Republic has a news update that begins, "The U.S. Supreme Court took a major step toward ending a 17-year legal battle today, deciding Arizona has done enough to help students who haven't learned to speak, read or write English."
Posted at 12:15 PM by Howard Bashman


"We are called upon to review a matter involving a doctor's application for discharge from the Army as a conscientious objector." So begins an interesting opinion that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 11:45 AM by Howard Bashman


Access today's opinions of the U.S. Supreme Court in argued cases: The first opinion issued today came in Horne v. Flores, No. 08-289. Justice Samuel A. Alito, Jr. wrote the majority opinion in this 5-4 ruling. Joining in the majority opinion were the Chief Justice and Justices Antonin Scalia, Anthony M. Kennedy, and Clarence Thomas. Justice Stephen G. Breyer issued a dissenting opinion, in which Justices John Paul Stevens, David H. Souter, and Ruth Bader Ginsburg joined. You can access the opinion at this link and the oral argument transcript at this link.

Today's second opinion issued in Atlantic Sounding Co. v. Townsend, No. 08-214. The unusual line-up of Justices in this 5-4 ruling is as follows. Justice Thomas delivered the opinion of the Court, in which Justices Stevens, Souter, Ginsburg, and Breyer joined. Justice Alito issued a dissenting opinion, in which the Chief Justice and Justices Scalia and Kennedy joined. You can access the opinion at this link. and the oral argument transcript at this link.

Today's third opinion issued in Safford United School Dist. #1 v. Redding, No. 08-479. Justice Souter delivered the opinion of the Court, in which the Chief Justice and Justices Scalia, Kennedy, Breyer, and Alito joined in full, and in which Justices Stevens and Ginsburg joined in large part. Justice Stevens filed an opinion concurring in part and dissenting in part, in which Justice Ginsburg joined. Justice Ginsburg also filed an opinion concurring in part and dissenting in part. And Justice Thomas filed an opinion concurring in the judgment in part and dissenting in part. You can access the opinion at this link and the oral argument transcript at this link.

The fourth and final decision issued today came in Melendez-Diaz v. Massachusetts, No. 07-591. The unusual line-up of Justices in this 5-4 ruling is as follows. Justice Scalia delivered the opinion of the Court, in which Justices Stevens, Souter, Thomas, and Ginsburg joined. Justice Thomas also issued a concurring opinion. And Justice Kennedy issued a dissenting opinion, in which the Chief Justice and Justices Breyer and Alito joined. You can access the opinion at this link and the oral argument transcript at this link.

The remaining three decisions in cases argued this Term will be announced on Monday. Those cases are: Citizens United v. Federal Election Comm'n, No. 08-205 (access the oral argument transcript here); Ricci v. DeStefano, No. 07-1428 (access the oral argument transcript here); and Cuomo v. Clearing House Assn., L.L.C., No. 08-453 (access the oral argument transcript here).

As an aside, the seniority of the Justice who wrote the majority opinion (or the opinion announcing the judgment of the Court) determines the order in which opinions are announced. The most junior Justice's opinions are announced first, The Chief Justice's opinions are announced last.

In early news coverage, The Associated Press reports that "Court says strip search of child illegal"; "Court rules for defendants on crime lab reports"; "Court eases oversight of Ariz. English program"; and "Court rules for seaman in dispute with ship owner."
Posted at 10:02 AM by Howard Bashman



And then there were seven: The remaining seven argued cases from this Term in which the U.S. Supreme Court has yet to issue decisions are:

1. Melendez-Diaz v. Massachusetts, No. 07-591 (access the oral argument transcript here);

2. Atlantic Sounding Co. v. Townsend, No. 08-214 (access the oral argument transcript here);

3. Citizens United v. Federal Election Comm'n, No. 08-205 (access the oral argument transcript here);

4. Horne v. Flores, No. 08-289 (access the oral argument transcript here);

5. Safford United School Dist. #1 v. Redding, No. 08-479 (access the oral argument transcript here);

6. Ricci v. DeStefano, No. 07-1428 (access the oral argument transcript here); and

7. Cuomo v. Clearing House Assn., L.L.C., No. 08-453 (access the oral argument transcript here).

The Court is expected to announce additional opinions at 10 a.m. eastern time today, just moments from now.
Posted at 09:59 AM by Howard Bashman



"Delay Damages Bump Up Lackawanna Verdict by Nearly $7 Mil." Gina Passarella today has this article, in which I am mentioned, in The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.
Posted at 09:50 AM by Howard Bashman


"Sotomayor Ruling Exposes Racial Split in Firehouses Across U.S." Bloomberg News has this report.

And online at Slate, Nicole Allan and Emily Bazelon have a five-part series about Ricci v. DeStefano titled "The Ladder: How a Supreme Court case about promotions at a local fire department will decide who gets the good jobs in cities across America.." Part one is subtitled "A Connecticut City's Race Problem Sparks a National Debate"; part two "Do White, Black, and Hispanic Firefighters in New Haven Get Along?"; part three "Why Did New Haven's White Firefighters Test Better Than Blacks and Hispanics?"; part four "Is There a Better Way to Decide Who Gets Promoted?"; and part five "Is There Any Fair Solution to the New Haven Case?"
Posted at 09:45 AM by Howard Bashman



"Virginia Abortion Restriction Is Upheld; U.S. Appeals Court Votes 6-5 to Back 'Partial Birth' Ban": The Washington Post contains this article today.

And The Richmond Times-Dispatch reports today that "Va. 'partial-birth' abortion ban upheld."

My earlier coverage of yesterday's en banc Fourth Circuit ruling appears at this link.
Posted at 08:27 AM by Howard Bashman



"White supremacist Hal Turner arrested, charged; FBI says blogger threatened to kill 3 U.S. appellate judges in Chicago": This article appears today in The Chicago Tribune.

The New York Times reports today that "Radio Host Is Arrested in Threats on 3 Judges."

The Hartford Courant reports that "Blogger Hal Turner Charged With Threatening Chicago-Area Judges."

And The Jersey Journal contains an article headlined "Held on Threat to Judges; On Turner blog: Photos, 'deserve to be killed.'"

My earlier coverage appears at this link.
Posted at 08:25 AM by Howard Bashman



Wednesday, June 24, 2009

"Another abortion case developing": Lyle Denniston has this post at "SCOTUSblog."

My earlier coverage of today's en banc Fourth Circuit ruling appears at this link.
Posted at 11:34 PM by Howard Bashman



"3rd Circuit Mulls Pre-emption of Class Action Over Snapple's Nutrition Claims": Shannon P. Duffy of The Legal Intelligencer has this report.
Posted at 11:30 PM by Howard Bashman


"GOP to press Sotomayor on gun rights; Republicans say they will question the Supreme Court nominee on the divisive issue at her confirmation hearings in hopes of weakening her support among moderate Democrats": James Oliphant and David G. Savage will have this article Thursday in The Los Angeles Times.

Thursday's edition of The New York Times will have an article headlined "In '98, Hints From Sotomayor on Death Penalty."

In Thursday's edition of The Wall Street Journal, Nathan Koppel will have an article headlined "Private Clubs That Aren't Private Under the Law: Courts Might Deem Groups Public if They Have Broad Admissions Policies but Discriminate Based on Gender or Race."

The Washington Times reports today that "GOP strikes again at nominee; Senators continue to raise questions about Sotomayor." The newspaper also contains an editorial entitled "Sotomayor's ethical oversight: Who were the 'associates' in her legal consulting business?"

The Hill reports that "Sotomayor, senators engage in small talk" and "Specter to nudge Sotomayor on SCOTUS cameras."

Politico.com reports that "Republicans drop niceties, go on attack on Sotomayor."

At the "Legal Beat" blog of CQ Politics, Keith Perine has a post titled "Confirmation Process 'Miserable,' O'Connor Says." You can view the video of Justice Sandra Day O'Connor's appearance on today's broadcast of the NBC News program "The Today Show" by clicking here.

In commentary, The New York Times contains an op-ed by Ramesh Ponnuru entitled "When Judicial Activism Suits the Right."

And in The Boston Globe, Neal Gabler has an op-ed entitled "Judging from the heart - or the head."
Posted at 11:28 PM by Howard Bashman



"Internet Radio Talk Show Host Hal Turner Arrested for Threatening Three Federal Appeals Court Judges in Chicago Over Recent Decision Upholding Handgun Bans": The United States Attorney's Office for the Northern District of Illinois today issued this press release.

Abdon M. Pallasch of The Chicago Sun-Times has a news update headlined "N.J. blogger charged with threats against Chicago judges."

The Jersey Journal has a news update headlined "Hate blogger Hal Turner arrested for alleged threats to judges."

Bloomberg News reports that "FBI Arrests Blogger for Allegedly Threatening Judges."

The Associated Press reports that "Supremacist blogger accused of threatening judges."

And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Blogger Threatened to Murder Judges, Feds Say."
Posted at 08:30 PM by Howard Bashman



"Daughter of Va. Supreme Court chief justice convicted of shoplifting": The Richmond Times-Dispatch has this news update.
Posted at 07:50 PM by Howard Bashman


"Fed appeals court revives Va. abortion law": The Associated Press has a report that begins, "A sharply divided federal appeals court upheld Virginia's ban on a type of late-term abortion Wednesday, ruling that the statute does not unduly burden a woman's right to terminate a pregnancy by more conventional means."

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "In 6-5 Ruling, 4th Circuit Upholds Virginia's Ban on Partial-Birth Abortion."

You can access today's en banc ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.

I reported on the Fourth Circuit's grant of rehearing en banc in this post, which provides links to my earlier coverage of a divided three-judge panel's ruling in this case.
Posted at 07:32 PM by Howard Bashman



"Appeals court punctures Seattle's attempt to regulate balloon man; The Ninth Circuit Court of Appeals put a pin in Seattle's efforts to regulate balloon artist 'Magic Mike' Berger and other street performers at the Seattle Center, reversing an earlier decision to find that the center's rules violate free speech": The Seattle Times has this news update.

My earlier coverage of today's en banc Ninth Circuit ruling appears at this link.
Posted at 07:25 PM by Howard Bashman



"Diaz countersues ex-U.S. attorney; Former state justice alleges charges brought against him were libelous": This article appears today in The Clarion-Ledger of Jackson, Mississippi.
Posted at 06:15 PM by Howard Bashman


Tony Mauro is reporting: At "The BLT: The Blog of Legal Times," he has posts titled "Examining Sotomayor's Record in Business Cases" and "Justice O'Connor Happy There Will be Another Woman on High Court."

My earlier post reporting on Justice O'Connor's late night television appearance yesterday can be found at this link.

Via YouTube, you can view Justice O'Connor's entire appearance on last night's broadcast of "Late Show with David Letterman" in two parts: part one and part two.
Posted at 04:30 PM by Howard Bashman



"Congressman calls for quick Senate action on Kent": The Houston Chronicle has a news update that begins, "The House managers of the case against convicted U.S. District Judge Samuel Kent personally walked their impeachment case against him to the Senate this morning and urged members there to quickly convene a trial."

And at "The BLT: The Blog of Legal Times," David Ingram has a post titled "Senate Appoints Panel to Investigate Impeached Judge."
Posted at 04:25 PM by Howard Bashman



Seattle street performer "Magic Mike" wins magical en banc Ninth Circuit victory: An eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit issued this 108-page ruling today.

At issue in the case was the extent to which a City may restrict expression in a public forum. I previously had this post reporting on the original divided three-judge panel's ruling against "Magic Mike" and this post reporting on the Ninth Circuit's order granting rehearing en banc.

Update: The Seattle Post-Intelligencer has a report headlined "Court: Seattle Center limits on street performers are unconstitutional."
Posted at 02:15 PM by Howard Bashman



"Senate accepts impeachment articles against judge": The Associated Press has this report.
Posted at 12:25 PM by Howard Bashman


"Senate to receive Kent's impeachment articles": This article appears today in The Galveston County Daily News.
Posted at 09:45 AM by Howard Bashman


Tuesday, June 23, 2009

Retired Justice Sandra Day O'Connor is a guest on tonight's broadcast of the CBS program "Late Show with David Letterman": You can watch some of Justice O'Connor's segment by clicking here. In that clip, Justice O'Connor explains how she learned to avoid the Justice Byron White vise-grip handshake.
Posted at 11:40 PM by Howard Bashman


Available online from law.com: Tony Mauro has an article headlined "Sotomayor, Word by Word; Supreme Court nominee's dense writing style works through every detail."

And in other news, "Restaurateurs Seek Supreme Court Review of San Francisco Health Insurance Mandate."
Posted at 11:35 PM by Howard Bashman



"Prescription drug fight goes before appeals court": The Associated Press has a report that begins, "So-called data-mining companies that collect information about the drugs doctors prescribe asked an appeals court Tuesday to stop Vermont from enacting a law next week restricting their work."
Posted at 11:28 PM by Howard Bashman


"Court Favors Parents in Battle Over Special-Education Tuition": Robert Barnes and Nelson Hernandez have this article today in The Washington Post.

Today in The Los Angeles Times, David G. Savage has an article headlined "Supreme Court victory for parents of disabled students; Justices rule that parents who remove a disabled child from public school can be reimbursed for private instruction; The court says a 'free, appropriate' education is a public duty."

The New York Times reports that "Court Affirms Reimbursement for Special Education."

The Wall Street Journal reports that "Court Rules on Funding Special Ed."

The Oregonian reports that "U.S. Supreme Court rules against Forest Grove School District in case involving ex-student with special needs."

The Hillsboro (Ore.) Argus reports that "Supreme Court rules against Forest Grove School District By a 6-3 vote, court finds district must reimburse a private special education."

Lastly, from National Public Radio, today's broadcast of "Morning Edition" contained an audio segment entitled "Supreme Court Rules On Special Education Case." And yesterday's broadcast of "All Things Considered" contained an audio segment entitled "Justices Rule For Parents Of Special Ed Student." RealPlayer is required to launch these audio segments.
Posted at 11:25 PM by Howard Bashman



"Daughter Against Use of Father's Name to Subvert Neo-Nazis": Today's edition of The New York Times contains an article that begins, "The daughter of a distinguished Jewish theologian said Monday that she opposed a plan to rename for him a stretch of Missouri highway that has been adopted by a group of neo-Nazis."
Posted at 11:08 PM by Howard Bashman


"Conservatives Have 'Originalism'; Liberals Have ... ?" This audio segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 11:04 PM by Howard Bashman


"City lawyer's suit on torture memos gains momentum": Yesterday's edition of The New Haven Register contained an article that begins, "Last year, when lawyer Jonathan Freiman sued Bush administration officials over their policies on torture, there was a wave of criticism that he and the human rights clinic at the Yale Law School were out of line."
Posted at 10:35 PM by Howard Bashman


In the July 2009 issue of ABA Journal magazine: David G. Savage will have an article headlined "Narrowing the Courthouse Door: High court makes it tougher to get past the pleading stage."

And John Gibeaut will have an article headlined "The 'Roach Motel': As the DOJ's disciplinary agency all but disappears, judges take matters into their own hands."
Posted at 03:15 PM by Howard Bashman



"This suit has passed its sixth anniversary and should not be allowed to grow a beard." So writes Seventh Circuit Chief Judge Frank H. Easterbrook in the second to last paragraph of this opinion issued today. The second sentence of that same paragraph demonstrates that Judge Easterbrook does not forgo using "forego" to mean "to do without."

Update: A post from February 2007 at "the (new) legal writer" is titled "Don't forego forgo Garner's Usage Tip of the Day."
Posted at 02:47 PM by Howard Bashman



"Okla bomber seeks lawyer for suit over prison food": The Associated Press has a report that begins, "Oklahoma City bombing conspirator Terry Nichols is asking for a court-appointed lawyer to help him with a lawsuit complaining about the food he gets in prison."
Posted at 02:17 PM by Howard Bashman


"Senate GOP: Will Sotomayor uphold Constitution?" The Associated Press has this report.

Today in The Boston Globe, Peter S. Canellos has an essay entitled "Obama's unintended fusion in Sotomayor selection."

Yesterday's broadcast of NPR's "Tell Me More" contained an audio segment entitled "Can Jeff Sessions Fairly Evaluate Sonia Sotomayor?" (RealPlayer required).

In this week's issue of The National Law Journal, law professor Douglas W. Kmiec has an op-ed entitled "The 'Latina woman' comment: The rule of law depends upon the commitment to -- even empathy for -- giving meaning to equality in more than name alone."

At "The Ninth Justice" blog of National Journal, Stuart Taylor Jr. has a lengthy post titled "The Case For -- And Against -- Double Standards."

And at his "Think Again" blog hosted by The New York Times, law professor Stanley Fish has a post titled "What Kind of Judges Do We Want?"
Posted at 01:12 PM by Howard Bashman



Happy birthday to Justice Clarence Thomas! According to the popular "Today in History" feature from The Associated Press, Justice Thomas celebrates his 61st birthday today.

And 40 years ago today, "Warren E. Burger was sworn in as chief justice of the United States by the man he was succeeding, Earl Warren."
Posted at 11:42 AM by Howard Bashman



Available online from National Public Radio: Today's broadcast of "Morning Edition" contained an audio segment entitled "High Court Rules Narrowly In Voting Rights Case" featuring Nina Totenberg. Meanwhile, late on yesterday's broadcast of "Morning Edition," Totenberg had an audio segment entitled "High Court Leaves Voting Rights Act Intact."

Yesterday's broadcast of "All Things Considered" contained an audio segment entitled "High Court Rules In Voting Rights Case" also featuring Totenberg.

And yesterday's broadcast of "Talk of the Nation" contained an audio segment entitled "Supreme Court Rules On Voting Rights Act" featuring, among others, David G. Savage of The Los Angeles Times.

RealPlayer is required to launch these audio segments.
Posted at 11:38 AM by Howard Bashman



"Gay couple's weapon in lawsuit: Obama's words." Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "When Orange County newlyweds Arthur Smelt and Christopher Hammer face off against the Obama administration over a law that denies federal benefits and interstate recognition for their marriage, they will have some potent ammunition: President Obama's own words."
Posted at 09:08 AM by Howard Bashman


"Justices Retain Oversight by U.S. on Voting": Adam Liptak has this article today in The New York Times. The newspaper also contains an article headlined "Ruling Prompts a Mixed Response" and an editorial entitled "The Voting Rights Act Survives."

Today in The Washington Post, Robert Barnes reports that "Voting Rights Act Upheld, But Court Hints at Change." The newspaper also contains an editorial entitled "Voting Rights Victory: The Supreme Court wisely refuses to usurp Congress's judgment."

In The Los Angeles Times, David G. Savage reports that "Supreme Court narrows but preserves Voting Rights Act; The justices leave Section 5 safeguards intact while allowing municipalities with a clean record to 'bail out'; Clarence Thomas dissents, saying he would strike down the provision." The newspaper also contains an editorial entitled "A victory for the Voting Rights Act: The Supreme Court's decision to preserve a key provision of the 1965 legislation is a welcome outcome."

In USA Today, Joan Biskupic reports that "Narrow ruling leaves intact voter rights law." The newspaper also contains an editorial entitled "No, discrimination at polls isn't just ancient history: Supreme Court's doubts about Voting Rights Act raise concern."

In The Wall Street Journal, Jess Bravin reports that "Supreme Court Avoids Voting-Rights Act Fight."

Warren Richey of The Christian Science Monitor has articles headlined "Supreme Court: More districts can sue to bail out of Voting Rights Act; The court did not strike down the law Monday, as some experts had expected, but it opened the door for jurisdictions to free themselves from one of the act's key provisions" and "Supreme Court strikes a compromise to save landmark voting law; Civil rights activists praise the court for not throwing out a key provision of the 1965 Voting Rights Act."

Michael Doyle of McClatchy Newspapers reports that "Supreme Court eases Voting Rights Act regulations."

In The Austin American-Statesman, Chuck Lindell reports that "Supreme Court lets Voting Rights Act stand in Austin case; Decision lets more governments opt out of federal election oversight."

In The Atlanta Journal-Constitution, Bill Rankin and Aaron Gould Sheinin report that "Supreme Court issues narrow Voting Rights Act ruling; Counties and towns can ask to be exempt."

The Houston Chronicle reports that "Voting Rights Act left intact."

law.com's Tony Mauro reports that "High Court's Narrow Ruling on Voting Rights Act Evokes Surprise."

And Greg Stohr of Bloomberg News reports that "Compromise Prevails in U.S. Supreme Court Voting Rights Ruling."
Posted at 09:05 AM by Howard Bashman



"Cheetah Lounge challenges law on underage exotic dancers": Today's edition of The Atlanta Journal-Constitution contains an article that begins, "The Georgia Supreme Court has to decide whether Atlanta city officials are trampling on the rights of exotic dancers by demanding they be age 21 to perform in alcohol-selling clubs or protecting them from the evils of underage drinking."
Posted at 08:35 AM by Howard Bashman


"Court allows gold mine to dump waste in lake; Despite ruling, detractors say fight is far from over": The Anchorage Daily News contains this article today.

In The Los Angeles Times, Jim Tankersley and David G. Savage report that "Justices OK dumping mine waste into Alaskan lake; The Supreme Court approves the draining of gold mine debris into a small lake; The Bush administration had labeled it 'fill' rather than pollution to make the dumping comply with the Clean Water Act."

And The New York Times reports today that "Justices Say Waste Can Be Dumped in Lake."
Posted at 08:27 AM by Howard Bashman



"Justice's car plows into store; Pickering apologized to the store owner, wasn't cited in incident": This article appears today in The Las Vegas Review-Journal.

And The Las Vegas Sun reports that "Stuck accelerator sends Supreme Court justice's car into store; No one injured after Pickering's Mercedes slams into UPS business."
Posted at 08:24 AM by Howard Bashman



"Nominee for Alito's 3rd Circuit Seat Appears to Be a Centrist at Heart": law.com's Henry Gottlieb has an article that begins, "Don't look for a 180-degree swing between Samuel Alito Jr. and Joseph Greenaway Jr., President Barack Obama's nominee to fill Alito's seat on the 3rd U.S. Circuit Court of Appeals."
Posted at 08:20 AM by Howard Bashman


"Supreme Court ruling involving disqualification of judges prompts review; Disqualification of judges to be studied": Today's edition of The Las Vegas Review-Journal contains an article that begins, "The Nevada Supreme Court ordered a commission looking at judicial reform to re-examine when a judge should be disqualified from a case after the U.S. Supreme Court ruled on the issue earlier this month. The court gave the commission until July 20 to deliver a report on disqualifications."
Posted at 08:14 AM by Howard Bashman


Monday, June 22, 2009

"Nevada high court justice's car plows into store": The Associated Press has a report that begins, "Officials say a Nevada Supreme Court justice and a store owner escaped injury when the judge's car smashed through the glass front window of a UPS store in Las Vegas."

And The Las Vegas Review-Journal has a news update headlined "Supreme Court justice drives into store."

You can access the biography of Justice Kristina Pickering of the Supreme Court of Nevada at this link.
Posted at 06:18 PM by Howard Bashman



"Court Affirms Reimbursement for Special Education": The New York Times has this news update.
Posted at 06:14 PM by Howard Bashman


"Judges on ACS Panel Agree on Caseload, Pay and Shoddy Lawyering": Saturday at "The BLT: The Blog of Legal Times," Jeff Jeffrey had a post that begins, "They came from very different federal circuits, but the six appellate judges sitting on a panel at the American Constitution Society's annual conference today agreed on several things. All six said that the volume of cases reaching their desks is becoming almost too much to bear, federal judges should be paid more, and something must be done about incompetent counsel."
Posted at 04:05 PM by Howard Bashman


Analysis available online at "SCOTUSblog": Lyle Denniston has a post titled "Is Section 5's future shaky?"

And Tom Goldstein has a post titled "Supreme Court Invalidates Section 5's Coverage Scheme."
Posted at 04:03 PM by Howard Bashman



"Free-Speech Case for a Debt-Ridden Age": In Tuesday's edition of The New York Times, Adam Liptak will have this new installment of his "Sidebar" column.
Posted at 03:55 PM by Howard Bashman


"Supreme Court Backs Reimbursement for Private Tuition": Mark Walsh and Erik W. Robelen of Education Week have this report.
Posted at 03:54 PM by Howard Bashman


"Et Tu, Scalia? Dispatch from the American Constitution Society convention." Lydia DePillis has this essay online at Slate.
Posted at 03:44 PM by Howard Bashman


"Supreme Court victory for parents of disabled students; Justices rule that parents who remove a disabled child from public school can be reimbursed for private instruction; The court says a 'free, appropriate' education is a public duty": David G. Savage of The Los Angeles Times has this news update.
Posted at 02:54 PM by Howard Bashman


"Supreme Court narrows, but preserves, Voting Rights Act; In a unanimous decision, justices leave safeguards intact while allowing municipalities with a clean record to 'bail out'": David G. Savage of The Los Angeles Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court Rules Narrowly on Voting Rights Act."

And James Vicini of Reuters reports that "Supreme Court avoids major voting rights ruling."
Posted at 02:30 PM by Howard Bashman



"Supreme Court to review sex offender law; The top court agrees to assess a law that lets the US government indefinitely detain sex offenders even after they have served their sentences": Warren Richey of The Christian Science Monitor has this report.
Posted at 02:27 PM by Howard Bashman


"Initial Thoughts on NAMUDNO: Chief Justice Roberts Blinked." At his "Election Law Blog," law professor Rick Hasen has a post that begins, "Despite Chief Justice Roberts' longstanding skepticism of the Voting Rights Act and his blistering set of questions to supporters of section 5's constitutionality during oral argument, the Chief has managed to put together a coalition of 8 of 9 Justices to put the question off for another day."
Posted at 11:58 AM by Howard Bashman


James Vicini of Reuters is reporting: He has articles headlined "Supreme Court to decide federal sex offender law" and "Supreme Court rules for Coeur on Alaska permit."
Posted at 11:45 AM by Howard Bashman


Greg Stohr of Bloomberg News is reporting: He has articles headlined "Voting Rights Act Narrowed by U.S. Supreme Court" and "Whistleblower Lawsuits Will Get Scrutiny By U.S. Supreme Court."
Posted at 11:42 AM by Howard Bashman


Access online today's opinions in argued cases and Order List of the U.S. Supreme Court: The Court today issued three opinions in argued cases.

1. The Court's first opinion today in an argued case issued in Coeur Alaska, Inc. v. Southeast Alaska Conservation Council, No. 07-984. Justice Anthony M. Kennedy delivered the opinion of the Court, in which the Chief Justice and Justices Clarence Thomas, Stephen G. Breyer, and Samuel A. Alito, Jr., joined in full, and in which Justice Antonin Scalia joined in part. Justice Breyer also filed a concurring opinion. Justice Scalia filed an opinion concurring in part and concurring in the judgment. And Justice Ruth Bader Ginsburg filed a dissenting opinion, in which Justices John Paul Stevens and David H. Souter joined. You can access the ruling at this link and the oral argument transcript at this link.

2. Today's second opinion issued in Forest Grove School Dist. v. T.A., No. 08-305. Justice Stevens delivered the opinion of the Court, in which the Chief Justice and Justices Kennedy, Ginsburg, Breyer, and Alito joined. Justice Souter issued a dissenting opinion, in which Justices Scalia and Thomas joined. You can access the ruling at this link and the oral argument transcript at this link.

3. Today's third opinion issued in Northwest Austin Municipal Utility District Number One v. Holder. The Chief Justice delivered the opinion of the Court, in which Justices Stevens, Scalia, Kennedy, Souter, Ginsburg, Breyer, and Alito joined. Justice Thomas issued a dissenting opinion. You can access the ruling at this link and the oral argument transcript at this link.

At "SCOTUSblog," Lyle Denniston has a post titled "Section 5 survives" that begins, "With only one Justice voting to strike down Congress's 25-year extension of the Voting Rights Act's controversial Section 5, the Supreme Court on Monday interpreted the law in a way that saves it."

You can access today's Order List at this link.

The Court today granted review in three cases -- Graham County Soil & Water Conservation Dist. v. U.S. ex rel. Wilson; United States v. Comstock; and Florida v. Powell. The Comstock case presents the question whether the U.S. Congress has the power to authorize the continued confinement of sexually violent predators after they have served their federal criminal sentence.

At "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on sex offender law."

In early news coverage, The Associated Press reports that "High court rules narrowly in voting rights case"; "Court OKs dumping gold mine waste in lake"; "Court says public must pay for private special ed"; "Court to rule on federal sex offenders law"; "Court to decide Miranda warning expansion"; "Court to look at standards in whistleblower case"; "Court won't decide if fake money should look real"; "Court will not revive Plame's lawsuit"; and "Court won't get involved Massachusetts tax fight."
Posted at 10:01 AM by Howard Bashman



"Federal judges' workload to rise; Jurist's departure will be 2nd vacancy from Md. bench": The Baltimore Sun today contains an article that begins, "Maryland's U.S. District Court judges already handle an average of 250 cases apiece, and the caseload is about to get heavier, with the U.S. Senate expected soon to confirm Andre Davis to a new position on the region's federal appeals court."
Posted at 08:35 AM by Howard Bashman


"GOP: no benefit to court fight." Politico.com has this report, along with an article headlined "Oklahoma senator won't meet with Sotomayor."

The Journal News of Westchester, New York reports today that "Exonerated man opposes Sotomayor's nod."

Yesterday's edition of Newsday reported that "Sotomayor's views in speeches scrutinized."

Today in The Washington Times, Charmaine Yoest has an op-ed entitled "Sotomayor worse than Souter; A stronger proponent by far of abortion rights."

In The Patriot-News of Harrisburg, Pennsylvania, Bruce Castor Jr. has an op-ed entitled "Obama's Supreme Court nominee raises concerns."

And in The Washington Post, today's installment of Al Kamen's "In the Loop" column is headlined "Do You Have Sotomayor's Number?"
Posted at 08:27 AM by Howard Bashman



"Death penalty decisions loom for Barack Obama": Josh Gerstein has this report at Politico.com.
Posted at 08:20 AM by Howard Bashman


"The Supreme Court Breakfast Table" at Slate returns: The first installment, written by Walter Dellinger, is titled "Harmonic Convergence at the High Court." The other participants in the conversation will be Linda Greenhouse and Dahlia Lithwick.
Posted at 08:17 AM by Howard Bashman


Sunday, June 21, 2009

"Innocents Lost: A Supreme Court decision increases the risk that the wrongly convicted could be kept behind bars." This editorial appears today in The Washington Post.
Posted at 10:58 PM by Howard Bashman


"Judge's Mentor: Part Guide, Part Foil." Monday's edition of The New York Times will contain an article that begins, "Not long after her admission to Yale Law School in early 1976, Sonia Sotomayor turned up unexpectedly at a lunch with the university's general counsel, Jose A. Cabranes."
Posted at 10:55 PM by Howard Bashman


"In Missouri, a Fight Over a Highway Adoption": The New York Times today contains an article that begins, "When a neo-Nazi group called the National Socialist Movement volunteered last year to clean a Missouri highway, and get official recognition for it in the form of an Adopt-a-Highway sign, state officials felt powerless to refuse. So they took a rather clever tack."

Update: And The Associated Press reports that "Road cleaned by neo-Nazis may be named for rabbi."
Posted at 09:20 AM by Howard Bashman



Saturday, June 20, 2009

"Courts to rule on fate of Georgia's 'badge of racism'": Bill Rankin and Aaron Gould Sheinin will have this article Sunday in The Atlanta Journal-Constitution.
Posted at 11:59 PM by Howard Bashman


"President Barack Obama nominates federal judge in Newark to U.S. appeals court": This article appears today in The Newark (N.J.) Star-Ledger.

And today in The Atlanta Journal-Constitution, Bill Rankin reports that "Obama nominates Martin to federal appeals court; She would fill spot open in Atlanta; Judge has presided over Taser case, Williams' appeal."
Posted at 11:58 PM by Howard Bashman



"Court Nominee Sotomayor Quits Women-Only Group": Jess Bravin has this article today in The Wall Street Journal.
Posted at 11:54 PM by Howard Bashman


"Padilla v. Yoo: The man once accused of being a 'dirty bomber' is cleared to sue a key player in George W. Bush's 'war on terror.'" This editorial appears today in The Washington Post.
Posted at 11:50 PM by Howard Bashman


"Case appears closed on 'Cuban Five'; The U.S. Supreme Court this week declined to hear what may be the last appeal by five Cuban intelligence agents, convicted as spies in the U.S. but hailed as heroes back home": The Los Angeles Times contains this article today.
Posted at 11:48 PM by Howard Bashman


"Delay in Releasing CIA Report Is Sought; Justice Dept. Wants More Time to Review IG's Findings on Detainee Treatment": This article appears today in The Washington Post.
Posted at 11:45 PM by Howard Bashman


"Some Gitmo Detainees Resist Move to Palau": Jess Bravin has this article today in The Wall Street Journal.
Posted at 11:37 PM by Howard Bashman


"U.S. House impeaches Kent": The Houston Chronicle contains this article today.

The Galveston County Daily News reports today that "U.S. House approves Kent impeachment."

The Washington Times reports that "House impeaches Texas judge; Only 18 federal officials tried in more than 200 years."

Bloomberg News reports that "U.S. House Impeaches Judge Kent; Senate to Hold Trial."

And CQ Politics reports that "House Adopts Impeachment Articles Against Texas Judge."
Posted at 11:35 PM by Howard Bashman



"City blames consultant in police exam delays": Yesterday's edition of The New Haven Register contained an article that begins, "A top city official 'emphatically' dismissed any notion that the city was stalling for time on a police promotional exam to see how the U.S. Supreme Court rules in a landmark firefighters' case."
Posted at 10:52 PM by Howard Bashman


"Girl, 14, sued by club that hired her to strip": This article appears today in The San Antonio Express-News.
Posted at 07:35 PM by Howard Bashman


"Sotomayoralities": Columnist William Safire will have this installment of his "On Language" column in Sunday's edition of The New York Times Magazine.
Posted at 06:30 PM by Howard Bashman


"Uncertain Evidence for 'Activist' Label on Sotomayor": Charlie Savage has this article today in The New York Times.
Posted at 08:47 AM by Howard Bashman


Friday, June 19, 2009

"Supreme Court makes age-bias suits harder to win; The justices, overturning a jury award won by a 54-year-old who was demoted, say workers bear the full burden of proof": David G. Savage has this article today in The Los Angeles Times.

Joan Biskupic of USA Today reports today that "High court raises bar on age-bias lawsuits; Workers must prove age was major factor."

And Marcia Coyle of The National Law Journal reports that "Supreme Court Increases Burden on Age Bias Plaintiffs."
Posted at 11:07 PM by Howard Bashman



"Justices Reject Inmate Right to DNA Tests": Adam Liptak has this article today in The New York Times. The newspaper also contains an editorial entitled "Unparalleled and Denied."

Today in The Washington Post, Robert Barnes has an article headlined "Court Limits Access to DNA Evidence; Justices Rule That Inmates Lack Constitutional Right to Testing."

David G. Savage of The Los Angeles Times reports that "Supreme Court rules DNA tests for prisoners not a constitutional right; By a 5-4 vote, the justices say current protections are enough for convicts who believe old genetic evidence will exonerate them." The newspaper also contains an editorial entitled "The Supreme Court's DNA ruling: Wrong on rights; The majority opinion by five conservative justice belittles the protections of the Bill of Rights."

Joan Biskupic of USA Today has an article headlined "Court: Prisoners don't have right to evidence; Roberts says access to DNA testing should be left for states to decide."

law.com's Tony Mauro reports that "High Court Rejects Post-Conviction DNA Access."

And The Anchorage Daily News reports that "Supreme Court says Alaska rapist has no right to DNA test; Chief justice says William Osborne tried to side-step state procedures."
Posted at 11:00 PM by Howard Bashman



"'Data mining' for drug companies goes to courts": The Associated Press has this report.
Posted at 10:50 PM by Howard Bashman


"Benefits denied to girl conceived with dead father's sperm; A U.S. appeals court says the Los Angeles 10-year-old is not entitled to Social Security survivor payments because of California inheritance law and lack of evidence the father gave consent": This article appears today in The Los Angeles Times.

The Associated Press reports that "No benefits for LA girl born from dead man's sperm."

And Metropolitan News-Enterprise reports that "Court Upholds Denial of Benefits to Posthumously-Conceived Child."

You can access Wednesday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:44 PM by Howard Bashman



"What is Fair Game for the Sotomayor Hearings?" Vikram David Amar has this essay online at FindLaw.
Posted at 08:35 PM by Howard Bashman


"Sotomayor's 'courtesy calls' not just photo ops; Stream of visits crucial to confirmation": Joan Biskupic has this article today in USA Today.
Posted at 07:55 PM by Howard Bashman


"Cities' gun restrictions begin to topple; After big D.C. case in '08, San Francisco and Philadelphia have seen setbacks for local gun controls; More laws are expected to come under fire": The Christian Science Monitor has this report.
Posted at 07:54 PM by Howard Bashman


"In stark legal turnaround, Obama now resembles Bush": Michael Doyle of McClatchy Newspapers has an article that begins, "President Barack Obama is morphing into George W. Bush, as administration attorneys repeatedly adopt the executive-authority and national-security rationales that their Republican predecessors preferred."
Posted at 07:50 PM by Howard Bashman


"Sotomayor quits women's club after GOP criticism": Mark Sherman of The Associated Press has this report.

"The Ninth Justice" blog of National Journal has a post titled "Sotomayor Resigns From All-Female Club."

The nominee's letter today notifying the leaders of the Senate Judiciary Committee of the resignation can be accessed here.

And The AP also has a report headlined "Republican: Will Sotomayor represent 'all of us'?"
Posted at 07:44 PM by Howard Bashman



"Judging John Yoo: The ruling that could actually lead to accountability for torture." Ady Barkan has this jurisprudence essay online at Slate.
Posted at 05:24 PM by Howard Bashman


"President Obama Nominates Judge Joseph A. Greenaway, Jr. for the United States Court of Appeals for the Third Circuit, and Judge Beverly B. Martin for United States Court of Appeals for the Eleventh Circuit": The White House has issued this news release today.

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Two Federal Judges Nominated for Appellate Court Slots."
Posted at 05:12 PM by Howard Bashman



"U.S. House impeaches Kent": The Houston Chronicle has a news update that begins, "The House today impeached imprisoned U.S. District Court Judge Samuel B. Kent and sent his case to the Senate for trial. The Senate is expected to quickly convene a trial -- possibly within a matter of weeks -- to cut off the judge's $174,000 annual federal salary. The House overwhelmingly adopted four articles of impeachment against the 59-year-old jurist on rapid-fire roll call votes over the course of 30 minutes. The vote on the first article of impeachment was 389-0. Not a single member of the House spoke on Kent's behalf."

You can view the four article impeachment resolution at this link.
Posted at 03:35 PM by Howard Bashman



"Court Stiffs Veterans Caught in Privacy Breach": At Wired.com's "Threat Level" blog, David Kravets has a post that begins, "Veterans suffering anxiety and paranoia following the theft of a government hard drive containing the medical histories and Social Security numbers of 198,000 of their brethren cannot recover financial damages, a federal appeals court says."

My earlier coverage of Wednesday's Eleventh Circuit ruling appears at this link.
Posted at 03:20 PM by Howard Bashman



"Outstanding OT08 cases": At this post, "SCOTUSblog" names the ten argued U.S. Supreme Court cases yet to be decided this Term. More decisions are expected to be announced on Monday at 10 a.m. eastern time.
Posted at 03:18 PM by Howard Bashman


"9th Circuit Rules in Favor of Plaintiff Who Received Unsolicited Text Messages": At his "Spam Notes" blog, Venkat Balasubramani has this post about a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today in Satterfield v. Simon & Schuster, Inc.
Posted at 03:11 PM by Howard Bashman


"In-Chambers Opinions: A Footnote to the Chrysler Case." Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 03:05 PM by Howard Bashman


"In New York, Sotomayor Put Focus on the Poor": Charlie Savage and Michael Powell have this article today in The New York Times.
Posted at 12:00 PM by Howard Bashman


"Spending bill pre-empts Kent impeachment": This article appears today in The Galveston County Daily News.

On Wednesday, the newspaper reported that "Judge's new job runs from 6 a.m. to 9 p.m."

And The Associated Press reports that "House postpones vote on judge's impeachment."
Posted at 11:52 AM by Howard Bashman



"Fumo, Arnao lose bids for a new trial": Yesterday in The Philadelphia Inquirer, Emilie Lounsberry had an article that begins, "The judge who presided over the corruption trial of former State Sen. Vincent J. Fumo roundly rejected Fumo's bid for a new trial yesterday, saying the evidence was 'more than sufficient' to support the sweeping convictions in the case."

According to the article, the trial judge "also rejected defense arguments that he should have dismissed a juror who had posted Facebook and Twitter messages during the trial, saying they were 'nothing more than harmless rumblings having no prejudicial effect.'"

You can access Wednesday's ruling of the U.S. District Court for the Eastern District of Pennsylvania at this link.
Posted at 09:40 AM by Howard Bashman



Thursday, June 18, 2009

"Court upholds settlement in asbestos lawsuits": The Associated Press has a report that begins, "The Supreme Court on Thursday agreed to let an insurance company settle some asbestos lawsuits for about $500 million in exchange for blocking any future litigation resulting from its long relationship with Johns Manville Corp., once the world's largest producer of asbestos."

Greg Stohr of Bloomberg News reports that "Travelers wins asbestos case at U.S. Supreme Court."

And Reuters reports that "US court rules for Travelers in asbestos case."

You can access today's ruling of the U.S. Supreme Court in Travelers Indemnity Co. v. Bailey, No. 08-295, at this link.
Posted at 08:33 PM by Howard Bashman



"Supreme Court makes age bias suits harder to win; Justices, overturning a jury award won by a 54-year-old who was demoted, say workers bear the full burden of proof": David G. Savage of The Los Angeles Times has this news update.

Warren Richey of The Christian Science Monitor reports that "Supreme Court sets high bar for age-bias suits; Older workers bear the burden of proof to show age was key reason they were fired or demoted."

The Associated Press reports that "Court makes it harder to prove age discrimination."

Greg Stohr of Bloomberg News reports that "Worker Age-Bias Suits Limited by U.S. Supreme Court."

You can access today's ruling of the U.S. Supreme Court in Gross v. FBL Financial Services, Inc., No. 08-441, at this link.
Posted at 08:22 PM by Howard Bashman



"Supreme Court: Prisoners Have No Right to DNA Evidence." Robert Barnes of The Washington Post has this news update.

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court rules DNA tests for prisoners not a constitutional right; By a 5-4 vote, the justices say current protections are enough for convicts who believe old genetic evidence will exonerate them."

In Friday's edition of The Wall Street Journal, Jess Bravin and Jennifer S. Forsyth will have an article headlined "Court Upholds States in DNA Testing of Convicts."

Warren Richey of The Christian Science Monitor has articles headlined "Convicts have no constitutional right of access to DNA evidence, Supreme Court says; In a 5-4 decision involving a rape case in Alaska, the court leaves the issue to states" and "What impact will Supreme Court decision on DNA evidence have? The defendant's advocates decried the court's ruling against a convict's right to such evidence, but Attorney General Eric Holder suggested it would have a limited effect."

Mark Sherman of The Associated Press reports that "High court says convicts lack right to DNA testing."

James Vicini of Reuters reports that "U.S. top court rejects right for criminals to DNA tests."

And at "SCOTUSblog," Lyle Denniston has posts titled "Court rejects DNA access claim" and "Handing off the DNA issue."

You can access today's ruling of the U.S. Supreme Court in District Attorney's Office for Third Judicial Dist. v. Osborne, No. 08-6, at this link.
Posted at 08:05 PM by Howard Bashman



"High court rules in favor of ex-Enron executive": The Houston Chronicle has a news update that begins, "The U.S. Supreme Court has ruled that former Enron broadband executive Scott Yeager cannot be retried on some charges because a jury in 2005 acquitted him of others related to the same alleged scheme."

Mark Sherman of The Associated Press has this article reporting on the ruling.

James Vicini of Reuters reports that "US court rules for ex-Enron Broadband executive."

Greg Stohr of Bloomberg News reports that "Enron Official Wins Round in Bid to Avoid Retrial."

You can access today's ruling of the U.S. Supreme Court in Yeager v. United States, No. 08-67, at this link.
Posted at 07:44 PM by Howard Bashman



"PA court: Philly gun laws invalid." The Philadelphia Inquirer has a news update that begins, "Two key provisions of Philadelphia's most recent attempt to impose local gun controls - banning 'straw purchase' of handguns and banning assault weapons - were invalidated today by a state appeals court."

And The Associated Press reports that "State court again strikes down Philly gun laws."

You can access today's ruling of the Commonwealth Court of Pennsylvania at this link.
Posted at 07:22 PM by Howard Bashman



Programming note: Weather permitting, my son and I are planning to spend this afternoon watching the Philadelphia Phillies host the Toronto Blue Jays at Citizens Bank Park.

Because we are taking public transportation to the game, and because we are planning to make a stop for lunch in South Philly on the way to the game, we'll be heading out the door around the time that the U.S. Supreme Court will be announcing today's rulings in argued cases.

"SCOTUSblog" will provide complete coverage of those rulings, and you can access the rulings via this link at the Court's web site shortly after 10 a.m. eastern time today.
Posted at 08:47 AM by Howard Bashman



"San Diego lawyer and A's settle class-action sex discrimination lawsuit": The Oakland Tribune today contains an article that begins, "A San Diego lawyer and the Oakland Athletics baseball organization have settled a class-action lawsuit over a Mother's Day weekend giveaway of free plaid reversible bucket hats."
Posted at 08:42 AM by Howard Bashman


"Appeals Court Backs Prison for E-Mail Obscenity": David Kravets has this post at Wired.com's "Threat Level" blog.

My most recent coverage of the case can be accessed here.
Posted at 08:40 AM by Howard Bashman



"Sotomayor avoids firm answers on key issues": The Associated Press has this report.

Today's edition of The News & Observer of Raleigh, North Carolina contains an article headlined "La Raza drawn into debate; Sotomayor is a former member."

And online at Reason, Steve Chapman has an essay entitled "Is Sotomayor Anti-Gun? When it comes to the Second Amendment, Obama's Supreme Court nominee practices judicial restraint, not judicial activism."
Posted at 08:35 AM by Howard Bashman



Wednesday, June 17, 2009

"Circuit Assignments May Give Most High Court Justices 'Home Court' Advantage": law.com's Tony Mauro has this report. The article reminds me of an observation I offered on May 4, 2009.
Posted at 11:40 PM by Howard Bashman


"Voting rights verdict: Whatever the Supreme Court decides about the Voting Rights Act, Section 5 of the law is outdated." Abigail Thernstrom has this op-ed today in The Los Angeles Times.
Posted at 11:37 PM by Howard Bashman


"In '03, Hints of Skepticism by Sotomayor on Expanded Wiretapping": Charlie Savage has this article today in The New York Times.

And John Schwartz reports that "In Gun Case, Peers Support Sotomayor."
Posted at 11:35 PM by Howard Bashman



"Report on Bush Policy May Come In 'Weeks'; Probe Is Focused On Interrogation Program's Approval": Thursday's edition of The Washington Post will contain an article that begins, "A Justice Department report focusing on possible ethics violations by Bush administration lawyers who approved waterboarding of terrorism suspects is still 'a matter of weeks' from release, Attorney General Eric H. Holder Jr. told lawmakers yesterday."
Posted at 09:10 PM by Howard Bashman


"Vets can't get damages for computer breach": The Associated Press has a report that begins, "Two Vietnam veterans are not entitled to damages from a 2007 Department of Veterans Affairs computer security breach in Birmingham, Ala., an appeals court panel ruled Wednesday."

Circuit Judge Ed Carnes wrote today's opinion on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit.

The opinion begins, "Someone pulled off the trick of making an object disappear from a safe in a darkened office building over a cold and rainy weekend. Unfortunately, the magician never completed the trick by making it reappear. The missing object is hardly a stage prop. It is an external computer hard drive belonging to the Department of Veterans Affairs, which contained the unencrypted names, social security numbers, birth dates, and healthcare files of more than 198,000 living veterans."
Posted at 08:50 PM by Howard Bashman



"Merrill Lynch execs in Enron case can be retried": The Associated Press has a report that begins, "A federal appeals court says the retrial of three former Merrill Lynch & Co. executives connected to an Enron Corp. deal would not violate their constitutional protections against double jeopardy." According to the article, the case involves "Enron's sham sale of three power barges moored off the coast of Nigeria."

You can access yesterday's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 08:27 PM by Howard Bashman



"If Frank Ricci Loses, Blame Scalia: Conservative judges are the ones who have made discrimination suits hard to win." Richard Thompson Ford has this jurisprudence essay online at Slate.
Posted at 08:10 PM by Howard Bashman


Second Circuit denies rehearing en banc of ruling that affirmed a federal death sentence imposed by a jury in Vermont, a State that lacks a death penalty: Today's order denying rehearing en banc was accompanied by a concurring opinion and three separate dissenting opinions.

Circuit Judge and U.S. Supreme Court nominee Sonia Sotomayor -- who seems to have suspended her activities as a Second Circuit judge pending the U.S. Senate's consideration of her nomination -- has not placed on the public record in connection with today's order how she voted.

Lastly, the dissenting opinion of Circuit Judge Rosemary S. Pooler reveals that she seems not to have received the memo announcing that the Second Circuit has finally abandoned "in banc" in favor of "en banc."
Posted at 08:02 PM by Howard Bashman



"Justices Drop Case on Third Restatement": The Legal Intelligencer has a news update (subscription required) that begins, "The state Supreme Court has declined to decide a case that seemed poised to be a vehicle for the justices to examine -- and possibly reshape -- Pennsylvania's products liability law. The move, which came in a one-line order today, puts an end to the speculation that the court would use Bugosh v. I.U. North America to introduce concepts of negligence into the strict liability doctrine currently employed by Pennsylvania's court system."

You can access yesterday's order of the Supreme Court of Pennsylvania dismissing the appeal as improvidently granted at this link. Two judges dissented from the dismissal, and you can access their quite lengthy dissent from the dismissal at this link.
Posted at 05:08 PM by Howard Bashman



"7th Circuit Affirms District Court in Valero Tax Workpapers Case": The "TaxProf Blog" has this post about a ruling that Circuit Judge Terence T. Evans issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 02:25 PM by Howard Bashman


"Professional discipline for convicted former judge Joyce not yet determined": This article appeared yesterday in The Erie (Pa.) Times-News.

Last week's order of the Supreme Court of Pennsylvania can be accessed here.
Posted at 01:48 PM by Howard Bashman



"State Supreme Court issues rule for veils in courtroom": The Detroit News has this update.

The Detroit Free Press has a news update headlined "State court: Judges can dictate witnesses' attire."

And The Associated Press reports that "Mich. court gives judges say in witnesses' dress."

Because I find the web site of the Supreme Court of Michigan especially difficult to navigate when it comes to locating newly issued decisions and opinions, I am not yet able to link to the new rule or the dissents from its promulgation. If a reader has located the correct links and can email them along, I'd be grateful.

Update: The proposed rule amendment adopted today can be viewed by clicking here.
Posted at 01:32 PM by Howard Bashman



Giving credit where credit is due: Credit for today's late start at blogging belongs in part to my son, whose middle school graduation ceremony occurred this morning. At the ceremony, he was recognized as one of only twelve students in his 8th grade class of over 350 students who received an "A" grade in every course for every quarter of all three years of middle school.
Posted at 01:25 PM by Howard Bashman


Tuesday, June 16, 2009

"Senate Lawyers Toil Behind the Scenes in Preparation for Sotomayor Hearings": law.com has this report.
Posted at 11:14 PM by Howard Bashman


Fourth Circuit denies rehearing en banc of decision affirming conviction for sending obscene textual email: You can access yesterday's order of the U.S. Court of Appeals for the Fourth Circuit denying rehearing en banc, accompanied by a concurring and a dissenting opinion, at this link.

In news coverage of yesterday's order, The Associated Press reports that "Appeals court won't hear Richmond obscenity case."

My earlier coverage of the divided three-judge panel's ruling appears at this link.
Posted at 11:10 PM by Howard Bashman



"Supreme Court takes up property-rights case; The high court announced Monday it would hear a case involving a Florida beach restoration project": Warren Richey of The Christian Science Monitor has this report.
Posted at 10:57 PM by Howard Bashman


"Supreme Court rejects final appeal in 'Cuban Five' spy case; The U.S. Supreme Court denied a bid by five convicted Cuban men to hear their Miami spy case, closing the book on their appeal": The Miami Herald contains this article today.

And Warren Richey of The Christian Science Monitor reports that "Convicted 'Cuban Five' spies lose bid for new trial; The Supreme Court refused Monday to hear their appeal; Their lawyers had argued they couldn't receive a fair trial in Miami."
Posted at 10:54 PM by Howard Bashman



"High court strikes down Valdez tax on oil tankers; City had imposed it to make up for declining property taxes": This article appears today in The Anchorage Daily News.
Posted at 10:52 PM by Howard Bashman


"Exxon must pay $480 million in interest over Valdez oil tanker spill; The federal appeals court ruling adds to the $507.5-million punitive damage award to victims of the devastating 1989 accident in Alaska; The firm is also ordered to pay $70 million in court costs": Carol J. Williams has this article today in The Los Angeles Times.

And law.com reports that "Exxon Plaintiffs Win on Interest, Appeal Costs."

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 10:50 PM by Howard Bashman



"Western states want reins on federal power; An expanded federal role prompts declarations of state sovereignty; Montana goes further with a gun bill defying U.S. firearm restrictions; The goal: Keep Washington on its side of the fence." This article appears today in The Los Angeles Times.
Posted at 10:44 PM by Howard Bashman


"Supreme Change: As Sonia Sotomayor Strives for the High Court, Her Childhood Neighborhood No Longer Houses Opportunity." The Washington Post contains this article today.
Posted at 10:40 PM by Howard Bashman


"CIA Fights Full Disclosure of Detainee Report; White House Urged to Maintain Secrecy": This article will appear Wednesday in The Washington Post.
Posted at 10:37 PM by Howard Bashman


"Bush-era lawyer could stand trial for penning 'torture memos'; John Yoo can be held responsible for the alleged torture of detainee Jose Padilla, a judge ruled Friday": Warren Richey of The Christian Science Monitor has this report.

My earlier coverage of the ruling appears at this link.
Posted at 10:35 PM by Howard Bashman



"Tobacco Regulation Is Expected to Face a Free-Speech Challenge": This article appears today in The New York Times.
Posted at 10:30 PM by Howard Bashman


"Conflicting Rulings on Guns Open Way to Supreme Court Review": John Schwartz will have this article Wednesday in The New York Times.
Posted at 10:20 PM by Howard Bashman


In news coverage of yesterday's most noteworthy rulings of the Supreme Court of Georgia: The Ledger-Enquirer of Columbus, Georgia reports today that "Columbus wins Expedia lawsuit; Georgia Supreme Court rules online travel service should pay lodging taxes." And Bill Rankin of The Atlanta Journal-Constitution today has an article headlined "Court: Online travel sites must pay city sales tax." You can access yesterday's ruling in Expedia, Inc. v. City of Columbus at this link.

The Atlanta Journal-Constitution also contains a front page article by Rankin headlined "Court throws out ban on exposing children to gays." You can access yesterday's ruling in Mongerson v. Mongerson at this link.

Finally, The Augusta Chronicle reports that "Teacher sex case reversed over consent defense; State's highest court rules age of consent an allowable defense." And, in The Atlanta Journal-Constitution, Rankin has an article headlined "Court overturns teacher's sex conviction; Student's reaching age of consent should have been factor in trial." You can access yesterday's ruling in Chase v. State at this link.
Posted at 03:07 PM by Howard Bashman



"Sotomayor answers GOP as Senate braces for debate": The Associated Press has this report. The nominee's supplemental response from late yesterday can be accessed here, while the attachments to the supplemental response can be viewed online via this link.

At "The BLT: The Blog of Legal Times," David Ingram has a post titled "Thurgood Marshall Also Called Prejudiced, Leahy Says."

And online yesterday at National Journal, Amy Harder had an article headlined "Where Will Obama Turn For The Next Justice? The President Will Again Have To Consider A Complicated Political Calculus."
Posted at 02:35 PM by Howard Bashman



John Roberts (no, not that John Roberts) interviews Anita Hill (yes, that Anita Hill): CNN.com has a report headlined "Anita Hill on Sotomayor: Tough, tenacious."
Posted at 02:25 PM by Howard Bashman


"Sotto Voce:The Sonia Sotomayor you don't know." Law professor Jeffrey Rosen will have this essay in the July 01, 2009 issue of The New Republic.
Posted at 02:20 PM by Howard Bashman


A real sleeper of a Ninth Circuit en banc case: Today, the U.S. Court of Appeals for the Ninth Circuit issued an order granting en banc review in the case of United States v. Nevils, No. 06-50485.

Back on November 21, 2008, I had the following post about the three-judge panel's divided ruling in the case:

Only in the Ninth Circuit? The Metropolitan News-Enterprise today contains an article headlined "Ninth Circuit Reverses Sleeping Felon's Firearm Possession Conviction" that begins, "A divided panel of the Ninth U.S. Circuit Court of Appeals yesterday reversed a man's felon-in-possession-of-firearms conviction because he was asleep when police officers found him on a couch in an abandoned apartment with one gun on his lap and another leaning against his leg."

News from earlier this month reminded us that passed-out people are at risk of being turned into a surface for often crude graffiti. And now we learn, courtesy of yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit, that sleeping felons may be used as a storage site for firearms.

Fortunately, at least two Ninth Circuit judges on the three-judge panel that produced yesterday's ruling were unwilling to see sleeping felons be found guilty of additional federal criminal charges for having been exploited in that manner.

The introduction to Circuit Judge Jay S. Bybee's dissent from the three-judge panel's ruling certainly makes for an interesting read.
Posted at 02:15 PM by Howard Bashman


Some recently filed appellate briefs: Two Fridays ago, I filed this Brief for Appellees in a case in which the Superior Court of Pennsylvania is being asked to decide whether skill or luck predominates in determining success in the game known as Texas hold 'em poker. In addition, Tom Goldstein, Chris Egleson, and the Akin Gump law firm filed this amicus brief for the Poker Players Alliance in support of appellees. Back in February 2009, The Pittsburgh Tribune-Review reported on the case in an article headlined "High court to play its Texas Hold'em hand."

And last week, I signed an amicus brief written by Paul Wolfson, Rachel Brand, and Steve Lehotsky of WilmerHale on behalf of the Institute for Justice filed in the Supreme Court of Pennsylvania in a case presenting the question whether Pennsylvania's Private Road Act is an unconstitutional taking of property for a private purpose in violation of the Pennsylvania Constitution. You can access the Pa. Supreme Court's order granting review at this link, and the ruling of the Pa. Commonwealth Court in the case can be accessed here.
Posted at 12:18 PM by Howard Bashman



"Sotomayor Defends Ties to Association": Charlie Savage and David D. Kirkpatrick have this article today in The New York Times. In addition, Tom Goldstein of "SCOTUSblog" has an op-ed entitled "Her Justice Is Blind."

Today in USA Today, John Fritze and Joan Biskupic report that "GOP's Sessions 'troubled' over court nominees; Worries Obama picks are activist judges."

The Washington Times reports that "Sotomayor goes on defense against Republican senators."

And at Politico.com, Kenneth P. Vogel and Josh Gerstein report that "Sonia Sotomayor defends all-women's group."
Posted at 07:50 AM by Howard Bashman



Monday, June 15, 2009

"Study Shows Influence of SG in High Court Cases Granted Cert": Marcia Coyle of The National Law Journal has this report. You can access the study at this link.
Posted at 11:27 PM by Howard Bashman


"Justice Kennedy addresses Stanford graduates": This article appears today in The San Francisco Chronicle.
Posted at 11:22 PM by Howard Bashman


"Kent starts his prison sentence; Federal judge reports in Massachusetts while still refusing to resign": The Houston Chronicle has this news update.
Posted at 08:11 PM by Howard Bashman


Following the U.S. Supreme Court's reduction of punitive damages last year in the Exxon Valdez case, the U.S. Court of Appeals for the Ninth Circuit has today ruled on the related issues of interest and costs: You can access today's ruling, by a partially divided three-judge panel, at this link.

Update: The Associated Press reports that "Exxon ordered to pay $507.5M for 1989 Alaska spill."

And at "SCOTUSblog," Lyle Denniston has a post titled "Exxon Valdez: $500 million interest due."
Posted at 02:28 PM by Howard Bashman



Access online today's opinions in argued cases and Order List of the U.S. Supreme Court: The Court today announced two rulings in argued cases. The Court will issue one or more additional rulings in argued cases on Thursday of this week.

1. Justice Stephen G. Breyer announced the judgment of the Court and delivered the opinion of the Court in part in Polar Tankers, Inc. v. City of Valdez, No. 08-310. You can access the ruling at this link and the oral argument transcript at this link.

2. And Justice Breyer delivered the opinion for a unanimous Court in Nijhawan v. Holder, No. 08-495. You can access the ruling at this link and the oral argument transcript at this link.

You can access today's Order List at this link. The Court granted review in four cases and requested the views of the Solicitor General in one case.

At "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on student loan debts."

In early news coverage, The Associated Press reports that "Court goes further spelling out deportation rules"; "Court steps into dispute between Shell, stations"; "Court to determine if bankruptcy hearing needed"; "Court turns down Texas counties over border fence"; and "High court won't review 'Cuban 5' espionage case."
Posted at 10:08 AM by Howard Bashman



"Torture, the painful truth: It may be a blow to our self-image, but torture has been part of the American way for decades." Ben Ehrenreich has this op-ed today in The Los Angeles Times.
Posted at 09:12 AM by Howard Bashman


"Palau president remains calm as storm brews on island; Johnson Toribiong has no regrets in his decision to accept some Guantanamo detainees; The former defense lawyer says, 'They should be presumed innocent because no one has proven them guilty'": The Los Angeles Times contains this article today.
Posted at 09:10 AM by Howard Bashman


"Justices May Strike Down Part Of Voting Rights Act": This audio segment (RealPlayer required) appeared on last Friday's broadcast of NPR's "All Things Considered."
Posted at 09:00 AM by Howard Bashman


"N.J. justices uphold law in child sex abuse cases; Emotional effects key to timing of lawsuits": Last Friday's edition of The Newark Star-Ledger contained an article that begins, "The state's highest court yesterday upheld a statute of limitations law that determines when victims of childhood sexual abuse can bring charges against their alleged abusers. Advocates for sex abuse victims lauded the decision, saying the state Supreme Court was lending its authority to a law they say was loosely interpreted by lower court judges."

You can access last Thursday's ruling of the Supreme Court of New Jersey at this link.
Posted at 08:59 AM by Howard Bashman



"Stereotypes confound jury selection; Bias assumptions seldom right; juror's experiences called best indicator": This article appears today in The Baltimore Sun.
Posted at 08:40 AM by Howard Bashman


"CIA Fired Firms Aiding Questioning; One Helped to Introduce Waterboarding": Today's edition of The Washington Post contains an article that begins, "Weeks after President Obama took office, the CIA extended its contract with a firm run by two psychologists who helped introduce waterboarding and other harsh methods to the agency's interrogation techniques, according to a news report. Two months later, CIA Director Leon Panetta fired Mitchell, Jessen & Associates and all other contractors that aided the CIA in its interrogations of alleged terrorists, the New Yorker reported this weekend."

The New Yorker article in question, by Jane Mayer, appears in the June 22, 2009 issue of the magazine and is headlined "The Secret History: Can Leon Panetta move the C.I.A. forward without confronting its past?"
Posted at 08:37 AM by Howard Bashman



"Obama Open to Reining in Medical Suits": The New York Times contains this article today.
Posted at 08:21 AM by Howard Bashman


"Is Sonia Sotomayor Mean?" This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."

Today in The Los Angeles Times, James Oliphant, David G. Savage, and Andrew Zajac have an article headlined "Sotomayor embracing affirmative action, then and now; The high court nominee's ruling on New Haven firefighters recalls a 1980s bias case involving a Puerto Rican advocacy group of which she was a board member."

And The Washington Post contains an article headlined "Riding Herd on the Message: White House Guides Fervent Sotomayor Supporters."
Posted at 08:20 AM by Howard Bashman



"Rockefeller appeal possible this week; Lawyer will review transcript": The Boston Globe today contains an article that begins, "The lawyer for the man who calls himself Clark Rockefeller said yesterday he plans to appeal the jury's guilty verdict as early as this week."
Posted at 08:15 AM by Howard Bashman


"Tennessee Bar Fight: Busting the monopoly on judicial selection." The Wall Street Journal contains this editorial today.
Posted at 08:12 AM by Howard Bashman


"Kent is expected to report to prison today": This article appears today in The Galveston County Daily News.

Last Friday in The Houston Chronicle, Mary Flood reported that "Judge Kent to enter Massachusetts prison Monday."

Last Friday's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Federal Judge In Texas Faces Impeachment" (RealPlayer required).

And last Friday's edition of The New York Times contained an editorial entitled "A Clear Case for Impeachment."
Posted at 08:10 AM by Howard Bashman



Sunday, June 14, 2009

Tony Mauro is reporting: Today at "The BLT: The Blog of Legal Times," he has posts titled "Justice Ginsburg Welcomes Sotomayor Nomination" and "Ginsburg Clears Up Mystery About 'Fleeting Expletives' Case."

Via C-SPAN, you can access Justice Ruth Bader Ginsburg's remarks at the Second Circuit Judicial Conference by clicking here. And after Justice Ginsburg delivers her remarks, you can watch Chief Judge Frank H. Easterbrook's speech at this year's Seventh Circuit Judicial Conference.
Posted at 10:52 PM by Howard Bashman



And the winner is? Congratulations to my son's baseball team, which earlier today won the championship game for the 2009 Montgomery County (Pa.) Junior League, consisting of players from seventh and eighth grades.

The team finished the regular season having earned the most points (two points for a win and one point for a tie) and the second best winning percentage in its league. The team was also a perfect 3-0 in the playoffs, which concluded today with the championship game victory. And the team achieved all these great results notwithstanding having me as its third base coach all season.
Posted at 10:50 PM by Howard Bashman



"The Same-Sex Future": Law professor David Cole will have this book review essay in the July 2, 2009 issue of The New York Review of Books.
Posted at 10:35 PM by Howard Bashman


"Freed From Guantanamo, Uighur Muslims Bask in Bermuda": This article will appear Monday in The New York Times.
Posted at 10:30 PM by Howard Bashman


"Issue of Property Rights Is Likely to Arise in Sotomayor's Confirmation Hearings": Adam Liptak will have this article Monday in The New York Times.

And The Associated Press reports that "McConnell says blocking Sotomayor is an option."
Posted at 10:27 PM by Howard Bashman



Saturday, June 13, 2009

"Ed Carnes, an 11th Circuit judge, issued a strong dissent in a rare vote to overturn a death sentence." So writes Bill Rankin of The Atlanta Journal-Constitution today in an article headlined "Death penalty reinstated in beating death; Construction worker robbed, killed boss in 1985."

You can access yesterday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 10:57 PM by Howard Bashman



"Firefighters Case: What Really Happened; The more you examine the New Haven affirmative-action case, the more indefensible it looks." You can access at this link the brand new installment of Stuart Taylor Jr.'s weekly column for National Journal. Last week's installment of Taylor's column was headlined "Race: Sotomayor And Obama Versus Voters; It's clear that Americans want racially preferential affirmative-action programs abolished."

And at Time magazine's web site, law professor Jeffrey Rosen has an essay entitled "Where Sonia Sotomayor Really Stands on Race."
Posted at 08:33 PM by Howard Bashman



"Judge Allows Civil Lawsuit Over Claims of Torture": Sunday in The New York Times, John Schwartz will have an article that begins, "The decision issued late Friday by a judge in San Francisco allowing a civil lawsuit to go forward against a former Bush administration official, John C. Yoo, might seem like little more than the removal of a procedural roadblock. But lawyers for the man suing Mr. Yoo, Jose Padilla, say it provides substantive interpretation of constitutional issues for all detainees and could have a broad impact."

Today in The San Francisco Chronicle, Bob Egelko has an article headlined "Judge: Ex-Bush lawyer can be sued over torture."

And The Associated Press reports that "Judge rules terrorist can sue over torture memos."

You can access yesterday's ruling of the U.S. District Court for the Northern District of California at this link (via "Constitutional Law Prof Blog").
Posted at 08:25 PM by Howard Bashman



"Feds want secrecy over alleged torture flights": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The Obama administration increased its defense Friday of secrecy surrounding an alleged CIA program of torture flights, asking a federal appeals court to set aside its ruling allowing foreign captives to sue a Bay Area company that reportedly helped plan the flights."

The Associated Press reports that "Feds ask court to reconsider CIA renditions suit."

And at "SCOTUSblog," Lyle Denniston has a post titled "New claim of 'state secrets' doctrine." You can access the federal government's petition for rehearing en banc at this link.
Posted at 08:00 PM by Howard Bashman



"Sotomayor impresses in interviews, senators say": The Associated Press has this report.
Posted at 07:55 PM by Howard Bashman


Friday, June 12, 2009

"Reputed Miss. Klansman appeals to US Supreme Court": The Associated Press has this report.
Posted at 04:15 PM by Howard Bashman


"Sotomayor's Ruling in Child Porn Case Defies Liberal, Conservative Labels": law.com's Tony Mauro has this report.
Posted at 02:57 PM by Howard Bashman


Finally home! Due to bad weather in the Philadelphia area yesterday afternoon, Delta Air Lines canceled both of its afternoon flights from Cincinnati, including the one I was scheduled to take.

As a result, I did not make it back to Philadelphia until early this afternoon, via Detroit. At least this allows me to attend tonght's Phillies-Red Sox game with my son. Additional posts will appear here sooner or later.
Posted at 02:54 PM by Howard Bashman



Thursday, June 11, 2009

Programming note: After speaking later this morning at the 2009 Kentucky Bar Association Convention on the subject of "U.S. Supreme Court: Review of the 2008-2009 Term," I'll be returning home. Additional posts will appear here later today.
Posted at 08:54 AM by Howard Bashman


"Palau deal may not resolve issue of Chinese Muslim detainees; The tiny Pacific island nation has tentatively agreed to take all 17 Uighur detainees at Guantanamo Bay; But they ultimately may wind up elsewhere": This article appears today in The Los Angeles Times.

Warren Richey of The Christian Science Monitor has an article headlined "Guantanamo's untouchables: What to do with Uighurs; The US moves toward sending the Chinese Muslims to Palau, a remote Pacific island; But some experts say that would be a mistake."

And The Wall Street Journal contains an article headlined "Palau to the Rescue: It's only costing $11.7 million per detainee."
Posted at 08:27 AM by Howard Bashman



"Videos Reveal Sotomayor's Positions on Affirmative Action and Other Issues": Charlie Savage has this article today in The New York Times. In addition, law professor Noah Feldman has an op-ed entitled "When Arrogance Takes the Bench."

Today's edition of The Los Angeles Times contains an editorial entitled "Supreme Court TV: How does Judge Sotomayor feel about cameras in the courtroom?"

And in The Boston Globe, Dan Payne has an op-ed entitled "Sotomayor's life experience matters."
Posted at 08:14 AM by Howard Bashman



"Investigators Reach Out To Yale's Class Of 1999 For Help In Solving Slaying": This article appears today in The Hartford Courant.
Posted at 08:05 AM by Howard Bashman


"Lawmakers urged to block prostitution bill": The Providence (R.I.) Journal today contains an article that begins, "Civil libertarians, social workers and advocates for women's rights are calling for state lawmakers to vote down a bill pending in the General Assembly to criminalize prostitution in Rhode Island."
Posted at 08:04 AM by Howard Bashman


"The Fight Over Bringing Old Accusations to Court: Sex-Abuse Scandals Lead States to Revise Statute of Limitations; Opponents See Risk in Relying on Stale Evidence." This article appears today in The Wall Street Journal.
Posted at 08:00 AM by Howard Bashman


"Kansas v. Ventris: The Supreme Court Misconstrues the Right to Counsel." Sherry F. Colb has this essay online at FindLaw.
Posted at 07:48 AM by Howard Bashman


"Supreme Court steps aside on Chrysler-Fiat deal but questions remain; The legal issues raised in the case against the deal are likely to arise again with General Motors": Warren Richey of The Christian Science Monitor has this report.
Posted at 07:43 AM by Howard Bashman


"House Judiciary moves ahead with Kent impeachment": This article appears today in The Galveston County Daily News.

And Texas Lawyer reports that "House Judiciary Committee Votes to Impeach Federal Judge."
Posted at 07:42 AM by Howard Bashman



Available online from law.com: Marcia Coyle reports that "GM Bankruptcy May Come Calling at Supreme Court Next."

And Mike McKee of The Recorder has an article headlined "All Parties Agree: This Ruling Stinks! Depublish!"
Posted at 07:22 AM by Howard Bashman



Wednesday, June 10, 2009

"In a 'Different' Voice: What does the research about how gender influences judging actually say?" Deborah Rhode has this jurisprudence essay online at Slate.
Posted at 09:15 PM by Howard Bashman


"White House gets its wish on Sotomayor hearings; The Senate Judiciary Committee is to begin hearings on the Supreme Court nominee July 13, in keeping with Obama's desire for an expedited confirmation vote by the full Senate": The Los Angeles Times contains this article today.

The New York Daily News has an update that begins, "Supreme Court nominee Sonia Sotomayor's brother Juan sticks up for his big sis."

At Politico.com, Josh Gerstein and Carol E. Lee have an article headlined "Joe Biden pushes envelope with Sonia Sotomayor praise."

And today in The Washington Post, columnist Ruth Marcus has an op-ed entitled "For Sotomayor, a Fine Line in New Haven."
Posted at 09:12 PM by Howard Bashman



"A legal shootout over the right to own a gun: Conflicting court opinions gun may result in linking the 2nd Amendment with the 14th." This editorial appears today in The Los Angeles Times.
Posted at 09:05 PM by Howard Bashman


"Uncertainty in Law Circles Over New Rules for Judges": Today in The New York Times, John Schwartz has an article that begins, "Lawyers across the country said Tuesday that a Supreme Court ruling on conflicts of interest among elected judges could prompt a deluge of requests for judges to recuse themselves from cases. But judges predicted that few situations would involve conflicts serious enough for the new ruling to apply."

The Associated Press reports that "Blankenship questions Supreme Court's judicial ethics ruling."

And today's edition of The Washington Post has an editorial entitled "Bias on the Bench: The Supreme Court weighs in on the corrosive impact of money in judicial elections."
Posted at 08:17 PM by Howard Bashman



"'Racist' branding": Today in The Boston Globe, columnist Jeff Jacoby has an op-ed that begins, "One day after President Obama nominated federal judge Sonia Sotomayor to the Supreme Court, former House speaker Newt Gingrich labeled her a racist."
Posted at 08:05 PM by Howard Bashman


"Europe's High Court Tries On a Bunny Suit Made of Chocolate; The Case: Can a Foil-Wrapped Flopsy Be Trademarked? Hunting Rabbit Knockoffs." This front page article will appear Thursday in The Wall Street Journal.
Posted at 07:58 PM by Howard Bashman


"Coping With Caperton: A Q&A With Tom Phillips." Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 07:38 PM by Howard Bashman


"Top Republican rips Democrats for Sotomayor 'rush'": The Associated Press has this report.
Posted at 04:40 PM by Howard Bashman


"House committee votes to recommend Kent impeachment": The Houston Chronicle has a news update that begins, "The House Judiciary Committee voted 28-0 today to recommend that the full House impeach U.S. District Court Judge Sam Kent of Galveston, setting the stage for a final House vote before the July 4th congressional recess and a possible Senate trial by August."

And The Associated Press reports that "House committee sends judge's impeachment to House."
Posted at 04:33 PM by Howard Bashman



Greetings from Covington, Kentucky: Despite the bad weather in the Cincinnati area earlier today, my flight from Philadelphia arrived on time shortly after 1 p.m. Thanks to some great restaurant suggestions from readers, I enjoyed a tasty lunch of Cheese Coneys at Dixie Chili's original location in Newport, Kentucky.

Although the Cincinnati Reds are in Washington, DC tonight to face the Nationals, the Sixth Circuit is in town to hear oral arguments.
Posted at 03:48 PM by Howard Bashman



"Palau to take Guantanamo's Chinese detainees": The Associated Press has this report.
Posted at 02:20 PM by Howard Bashman


Programming note: As noted in this post from last night, I'll be traveling to the Cincinnati area midday today. Readers with Cincinnati-related restaurant suggestions are invited to let me know via email. Thanks! Additional posts will appear here later today.
Posted at 07:55 AM by Howard Bashman


Tuesday, June 9, 2009

In posts of note from Lyle Denniston at "SCOTUSblog": This afternoon, he had posts titled "A new Second Amendment case" and "Digging up a discredited precedent."
Posted at 11:55 PM by Howard Bashman


"A Second Blush for Dirty Words in Workplace; 11th Circuit to rehear Ala. woman's bias victory over men's salty language": law.com has this report.
Posted at 11:54 PM by Howard Bashman


"Justices to Weigh Constitutionality of Controversial Bankruptcy Reform Act": Marcia Coyle of The National Law Journal has this report.
Posted at 11:50 PM by Howard Bashman


"Impeachment of Galveston judge goes to full House Judiciary Committee": The Houston Chronicle has this news update.

And today's edition of The Washington Post contains an editorial entitled "Impeach Judge Kent: A convicted felon continues to collect his salary."
Posted at 11:45 PM by Howard Bashman



"Hearings on Sotomayor Are Set to Begin on July 13": This article will appear Wednesday in The New York Times, along with an article headlined "A Supreme Court Nomination Stirs Up Bad Memories." Meanwhile, in today's newspaper, John Schwartz has an article headlined "An Ivy-Covered Path to the Supreme Court."

The Los Angeles Times reports today that "Sotomayor is remembered as a zealous prosecutor; Her experience as an assistant district attorney in New York made her something of a law-and-order judge, experts say, especially when it came to police searches and the use of evidence."

David Lightman of McClatchy Newspapers reports that "Senate sets July 13 hearing date for Sotomayor."

Gail Russell Chaddock of The Christian Science Monitor has an article headlined "GOP's new Sotomayor strategy: Attack Obama; As a senator, Obama voted against Justices Roberts and Alito on the basis of their ideology, Republicans say; Why can't we do the same? they ask."

And today in The Washington Post, Kevin Baine has an op-ed entitled "Making Law on the Court."
Posted at 11:35 PM by Howard Bashman



"Tribes lose Snowbowl battle; High court refuses to hear case on wastewater for snowmaking": The Arizona Republic today contains an article that begins, "Would artificial snow made from purified wastewater defile a mountain Native Americans hold sacred? The U.S. Supreme Court on Monday refused to consider that question, essentially ending a five-year court battle over the future of Arizona Snowbowl on Flagstaff's San Francisco Peaks."

Today's edition of The Arizona Daily Sun contains articles headlined "Snowmaking wins legal OK; The U.S. Supreme Court declines to hear a final appeal by tribes, clearing the way for Arizona Snowbowl to make snow with reclaimed wastewater"; "What next for Snowbowl? Construction could start soon; But a tribal attorney says his clients are weighing further legal action and asking federal officials to revoke the construction permit"; "Snowbowl: When is religious belief 'substantially burdened?'"; "Snowbowl: City contract locked in"; and "Snowbowl: Snowplay tourists mostly from Phoenix."

And The Associated Press reports that "Court steers clear of Ariz. ski resort dispute."
Posted at 10:55 PM by Howard Bashman



Further proof that all law bloggers end up in Cincinnati eventually: Tomorrow I'll be traveling to Covington, Kentucky (just across the river from Cincinnati) where, on Thursday, I'll be a CLE presenter at the 2009 Kentucky Bar Association Convention.

The subject of my presentation, which will begin at 10:50 a.m. on Thursday, is "U.S. Supreme Court: Review of the 2008-2009 Term," sponsored by the Young Lawyers Section.

My last visit to Covington, Kentucky was on my way home from the Galapagos Islands last August. And my last visit to Covington before that, if I recall correctly, was on my way to argue an appeal in the Sixth Circuit.

Of course, the recently revealed Ann Althouse "alt-house" is in Cincinnati. If any readers have restaurant suggestions for Cincinnati, please let me know via email. And, of course, if you'll be at the 2009 Kentucky Bar Association Convention, please do say hello. You might even see me at another presentation or two to stock up on CLE credits to satisfy my own home state's requirements.
Posted at 10:44 PM by Howard Bashman



"Beware of the Appellate Pitfalls of E-Filing": law.com has made freely available to all this month's installment of my "Upon Further Review" column published in The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.
Posted at 10:28 PM by Howard Bashman


"Chrysler Sale to Fiat Allowed to Proceed by Top Court": Greg Stohr of Bloomberg News has this report.

James Vicini of Reuters reports that "Supreme Court allows Chrysler sale to Fiat."

The Associated Press reports that "Supreme Court to let Chrysler sale go forward."

The New York Times has a news update headlined "Supreme Court Clears Way for the Sale of Chrysler to Fiat."

Michael Doyle of McClatchy Newspapers reports that "Supreme Court clears way for Chrysler's sale to Fiat."

CNNMoney.com reports that "Supreme Court clears way for Chrysler; One day after intervention, the high Court decides not to hear case from Indiana pension funds."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court clears Chrysler sale, without dissent." You can access this evening's order of the U.S. Supreme Court at this link.
Posted at 09:25 PM by Howard Bashman



"Nacchio: Case never should have gone to trial." The Associated Press has a report that begins, "Lawyers for former Qwest CEO Joseph Nacchio filed a brief Tuesday rebutting federal prosecutors who oppose a Supreme Court review of Nacchio's insider trading conviction, saying he never should have been prosecuted in the first place."
Posted at 02:40 PM by Howard Bashman


"Sotomayor's confirmation hearings to begin July 13": The Associated Press has this report.
Posted at 01:25 PM by Howard Bashman


Monday, June 8, 2009

"The Great Caperton Caper: The Supreme Court talks about judicial bias. Kinda." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 11:07 PM by Howard Bashman


"Appeals court rules Ten Commandments monument violates Constitution": The Tulsa World has a news update that begins, "An appeals court ruled Monday that a Ten Commandments monument at the county courthouse in Stigler violates the Constitution because its primary effect is to endorse a religion."

You can access at this link today's unanimous ruling of a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit.
Posted at 11:02 PM by Howard Bashman



"New sentencing ordered for ex-officer in Jude beating case": The Milwaukee Journal Sentinel has a news update that begins, "Jon Bartlett, a former Milwaukee police officer who led the beating and torture of Frank Jude Jr., must be re-sentenced, a federal appeals court ruled Monday."

Chief Judge Frank H. Easterbrook's opinion, issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, begins; "The distance between civilization and barbarity, and the time needed to pass from one state to the other, is depressingly short."
Posted at 09:02 PM by Howard Bashman



"Supreme Court rules that campaign contributions can create perception of judicial bias; The justices, in a 5-4 ruling, say a West Virginia Supreme Court judge who received $3 million in campaign contributions should have recused himself from a case in which the donor was the defendant": David G. Savage of The Los Angeles Times has this news update.

Adam Liptak of The New York Times has a news update headlined "Justices Tell Judges Not to Rule on Major Backers."

Robert Barnes of The Washington Post has a news update headlined "Supreme Court Says Judges Must Avoid Appearance of Bias."

Michael Doyle of McClatchy Newspapers reports that "Supreme Court makes it easier to force elected judges off cases."

Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court: Judges must step aside when there's perception of bias; The 5-to-4 decision, involving a justice on the West Virginia Supreme Court, establishes a broad, new constitutional standard."

Paul J. Nyden of The Charleston (W. Va.) Gazette has news updates headlined "Supreme Court says Benjamin should have recused himself" and "Benjamin's replacement in Massey case not known."

Mark Sherman of The Associated Press reports that "Court says judges must avoid appearance of bias."

James Vicini of Reuters reports that "Recusal required in Massey Energy case."

Greg Stohr of Bloomberg News reports that "Campaign Money Can Disqualify Judges, Top Court Says."

law.com's Tony Mauro reports that "Supreme Court Issues Landmark Ruling on Judicial Recusal."

And this evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Court: Judges Must Avoid Appearance Of Bias" (RealPlayer required) featuring Nina Totenberg.

You can access today's 5-4 ruling in Caperton v. A.T. Massey Coal Co., No. 08-22, by clicking here.
Posted at 08:25 PM by Howard Bashman



"Supreme Court choice could reignite culture wars; Judge Sotomayor's confirmation hearings could provide the spark on hot-button issues such as gay marriage and abortion": Linda Feldmann of The Christian Science Monitor has this report.
Posted at 08:12 PM by Howard Bashman


"Death Penalty Case Reveals Failings": Adam Liptak will have this new installment of his "Sidebar" column Tuesday in The New York Times.
Posted at 08:05 PM by Howard Bashman


"High court blocks Chrysler sale to Fiat": The Associated Press has this report.

James Vicini and Poornima Gupta of Reuters report that "U.S. top court judge delays Chrysler sale."

Greg Stohr and Tiffany Kary of Bloomberg News report that "Chrysler Fiat Sale Delayed by U.S. Justice Ginsburg."

CNNMoney.com reports that "Supreme Court puts Chrysler sale on hold; High court issues a stay of the sale of Chrysler to the Italian automaker, delaying Chrysler's exit from bankruptcy."

At "SCOTUSblog," Lyle Denniston has a post titled "Ginsburg temporarily blocks Chrysler deal." You can access the stay order at this link.

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Justice Ginsburg Stays Chrysler Sale -- For Now."
Posted at 04:40 PM by Howard Bashman



Programming note: This afternoon, I'll be presenting an appellate oral argument to a three-judge panel of the Commonwealth Court of Pennsylvania sitting in Philadelphia.

Please check "SCOTUSblog" for timely coverage of today's opinions in argued cases and today's Order List of the Supreme Court of the United States.

Additional posts will appear here later today.
Posted at 09:14 AM by Howard Bashman



"Sotomayor Is Recalled as a Driven Rookie Prosecutor": The New York Times contains this article today.

And Bloomberg News columnist Albert R. Hunt has an essay headlined "How Specter Sold Obama, Democrats on Big Switch" that begins, "Democrats are rejoicing that Senator Arlen Specter is praising U.S. Supreme Court nominee Sonia Sotomayor as proof of their wisdom in persuading him to defect from the Republican Party."
Posted at 08:00 AM by Howard Bashman



Sunday, June 7, 2009

"Lenders Ask Supreme Court To Review Chrysler's Sale": This article will appear Monday in The Washington Post.

Monday's edition of The New York Times will contain an article headlined "Supreme Court Is Asked to Delay Chrysler Sale."

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Challenges to Chrysler Deal Speed to Supreme Court."
Posted at 10:55 PM by Howard Bashman



"Drive to stop gay-partnership law is dividing conservatives; Some in the Christian opposition fear that a failed referendum against Washington state's 'everything but marriage' law could deplete resources in the case of a larger battle against gay marriage": This article will appear Monday in The Los Angeles Times.
Posted at 10:50 PM by Howard Bashman


"Antiabortion Efforts Move to the State Level; Legislatures Often Mandate Restrictions": Monday's edition of The Washington Post will contain this article.
Posted at 10:50 PM by Howard Bashman


"Judge's Votes Show No Single Ideology": Today in The Washington Post, Jerry Markon has an article that begins, "Three years ago, Supreme Court nominee Sonia Sotomayor ruled against a minister who had sued his church for age discrimination, and accused her Republican colleagues of judicial activism when they allowed the case to go forward."
Posted at 07:24 PM by Howard Bashman


"High court asked to block Chrysler sale to Fiat": Mark Sherman of The Associated Press has this report.

James Vicini of Reuters reports that "U.S. top court asked to delay Chrysler sale."

Greg Stohr and Tiffany Kary of Bloomberg News report that "Chrysler Creditors Ask U.S. Justice to Stop Fiat Sale."

And at "SCOTUSblog," Lyle Denniston has posts titled "Chrysler and accidents yet-to-be"; "Big hurdle for Chrysler challenge"; "Key points of Chrysler challenge"; and "Lenders, consumers test Chrysler sale."
Posted at 05:44 PM by Howard Bashman



Saturday, June 6, 2009

"For Sotomayor and Thomas, Paths Fork at Identity": Sunday's edition of The New York Times will contain this article. Today's newspaper, meanwhile, contains an article headlined "Behind Judge's Spending and Income."

The Los Angeles Times reports today that "Sotomayor was nudged into judgeship, associates say; Through key recommendations from influential mentors, the Supreme Court nominee built up a civic resume before taking the bench."

Today in The Wall Street Journal, Naftali Bendavid reports that "Sotomayor Faulted Over Missing Memo." And yesterday, Jess Bravin and Nathan Koppel had an article headlined "Nominee's Criminal Rulings Tilt to Right of Souter."

And Politico.com reports that "Jeff Sessions takes aim at 'empathy standard'" and "Robe factory prepares for new Supreme Court Justice."
Posted at 11:33 PM by Howard Bashman



"U.S. May Permit 9/11 Guilty Pleas in Capital Cases": This front page article appears today in The New York Times.
Posted at 11:08 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Sotomayor's objectivity on bench is key question"; "Sotomayor's courtroom manner a confirmation issue"; and "Too early to rule out Sotomayor filibuster."
Posted at 11:02 PM by Howard Bashman


Friday, June 5, 2009

"Is Sotomayor a Judicial Activist? New Studies May Shed Some Light." Marcia Coyle of The National Law Journal has this report.
Posted at 11:54 PM by Howard Bashman


"New Scrutiny of Judge's Most Controversial Case": Adam Liptak will have this article Saturday in The New York TImes. Tomorrow's newspaper will also contain an article headlined "Case in Court, New Haven Firefighters Wait and Work." And today's newspaper contains an article headlined "Sotomayor Rose on Merit Alone, Her Allies Say."

Today in The Washington Post, Alec MacGillis, Amy Goldstein, and Robert Barnes have an article headlined "Sotomayor Speeches Woven With Ethnicity; High Court Nominee Criticized Stereotypes."

David G. Savage of The Los Angeles Times reports that "Speeches reveal more about Sotomayor's thoughts on race; The Senate Judiciary Committee receives a file on the Supreme Court nominee's life from Princeton onward; She has spoken on other occasions of ethnic identity and her hopes about 'wise Latina' judges."

Joan Biskupic of USA Today has an article headlined "Many questions for Sotomayor on abortion; Thin record leaves senators seeking answers."

And The Washington Times reports that "Sotomayor speech undercuts Obama claims; Credits Democratic Senator for her initial nomination."
Posted at 11:45 PM by Howard Bashman



"Crist's high court pick puts him in political center; Charlie Crist seated his fourth Supreme Court nominee, burnishing his reputation as a center-leaning governor": The Miami Herald has this news update.
Posted at 11:21 PM by Howard Bashman


"Latina pride presents challenge and opportunity for Sotomayor": Michael Doyle of McClatchy Newspapers has this report.
Posted at 10:44 PM by Howard Bashman


"Miss. Klansman's conviction upheld": The Clarion-Ledger of Jackson, Mississippi has a news update that begins, "Reputed Klansman James Ford Seale will remain behind bars because an appeals court split Friday on whether the statute of limitations has expired." The newspaper has posted online today's en banc order of the U.S. Court of Appeals for the Fifth Circuit -- which is not yet freely available online at that court's web site -- at this link.

And The Associated Press reports that "Klansman's conviction upheld in 1964 kidnappings."

Update: The ruling is now available via the Fifth Circuit's web site at this link.
Posted at 10:38 PM by Howard Bashman



"Appeals court reinstates antitrust case against VeriSign": Howard Mintz of The San Jose Mercury News has an update that begins, "A federal appeals court Friday reinstated a lawsuit against Mountain View-based VeriSign that alleges the company violated antitrust laws through its grip on the .com and .net domain name registration system. In a unanimous ruling, a three-judge panel of the 9th U.S. Circuit Court of Appeals concluded that an Internet industry trade group should be allowed to proceed to trial on claims that VeriSign has inflated the cost of domain names by engaging in predatory and monopolistic practices."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:20 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Sotomayor tastes: Pig innards, 'Law & Order'"; "High roller for the high court: Sotomayor jackpot"; and "Cartoon of Sotomayor as pinata draws criticism."
Posted at 08:02 PM by Howard Bashman


"Court Denies En Banc Review of JPL Background Checks Ruling": This article appears today in Metropolitan News-Enterprise.

My earlier coverage appears at this link.
Posted at 07:58 PM by Howard Bashman



"State privacy law not hurting banks, feds say": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The Obama administration has delivered a mixed verdict to the U.S. Supreme Court on California's financial privacy law, which lets consumers keep banks from sharing information with affiliated companies about their savings accounts or buying habits."
Posted at 07:54 PM by Howard Bashman


"Sotomayor on Appellate Judging and Its 'Policy Impact'": Tony Mauro has this post at "The BLT: The Blog of Legal Times," along with a post titled "Supreme Court Justices Quit the Clubhouse."
Posted at 07:50 PM by Howard Bashman


"Thomas, Scalia report big book earnings in 2008": Mark Sherman of The Associated Press has this report.
Posted at 07:45 PM by Howard Bashman


Thursday, June 4, 2009

"Hidden Camera Case Turns on Expectation of Privacy in Workplace": law.com has this report.
Posted at 10:57 PM by Howard Bashman


Joel F. Dubina is now the Chief Judge of the U.S. Court of Appeals for the Eleventh Circuit: He became chief judge on June 1, 2009.
Posted at 10:42 PM by Howard Bashman


"Appellate judge asks Supreme Court to clarify privacy rights; The inquiry involves a U.S. 9th Circuit Court of Appeals ruling that the government cannot review financial, psychiatric and medical records of employees at JPL and other aerospace contractors": Carol J. Williams of The Los Angeles Times has this news update.

And The Associated Press reports that "Full 9th Circuit declines to hear JPL privacy case."

My coverage from earlier today appears at this link.
Posted at 10:24 PM by Howard Bashman



"Gender and heritage a frequent topic for Sotomayor": The Associated Press has this report, along with an article headlined "Sotomayor dealt with media access, copyright issue."

And at the "Legal Beat" blog of CQ Politics, Seth Stern has a post titled "Sotomayor Repeatedly Referenced 'Wise Woman' in Speeches."
Posted at 10:20 PM by Howard Bashman



"Senate panel OKs Indiana judge": The Indianapolis Star has a news update that begins, "The Senate Judiciary Committee voted along party lines today to approve the nomination of Indiana Judge David Hamilton to serve on the U.S. Court of Appeals for the Seventh Circuit. Hamilton still must be confirmed by the full Senate."
Posted at 10:15 PM by Howard Bashman


"Teach to America: Can judicial confirmation hearings really be transformed into 'teachable moments'?" Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:12 PM by Howard Bashman


"Sotomayor Favored for Top Court, Quinnipiac Poll Says": Bloomberg News has this report.
Posted at 04:17 PM by Howard Bashman


"Circuit Nominees, DOJ Nominee Head to Full Senate": This post appears at "The BLT: The Blog of Legal Times."
Posted at 03:28 PM by Howard Bashman


"The bipartisan questionnaire completed by Judge Sonia Sotomayor is now available online": So announces the web site of the Senate Judiciary Committee. You can access the completed questionnaire by clicking here.

At Politico.com, Josh Gerstein reports that "Sotomayor questionnaire delivered."

And Dow Jones Newswires report that "Sotomayor Has Net Worth Of $740,000, According To Disclosure."
Posted at 03:26 PM by Howard Bashman



Claiming not to have received notice of an appealable order as an excuse for an untimely appeal in the era of CM/ECF: The U.S. Court of Appeals for the Eighth Circuit issued this ruling today.

Because the Eighth Circuit itself now uses CM/ECF, one hopes that today's decision comes to the attention of the losing party.
Posted at 03:24 PM by Howard Bashman



"White House delivers Sotomayor files to Senate": The Associated Press has this report.
Posted at 02:47 PM by Howard Bashman


Over three published dissents, en banc Ninth Circuit denies review of three-judge panel's ruling that granted a preliminary injunction against NASA's requirement that "low risk" contract employees submit to in-depth background investigations: You can access today's order denying rehearing en banc at this link. The appellate court today also issued an opinion concurring in the denial of rehearing en banc and three dissenting opinions (here, here, and here). Chief Judge Alex Kozinski's dissent from the denial of rehearing en banc is interesting not just because it is typically well-reasoned and well-written, but also because he not too long ago personally experienced the publication of some material that he mistakenly thought was private.

My earlier coverage of the original three-judge panel's ruling can be accessed here and here.

Opponents of the NASA background investigation requirement have created this web site devoted to the case.
Posted at 02:42 PM by Howard Bashman



Wednesday, June 3, 2009

"2nd Circuit Judge Calabresi on Former Student and Current Colleague Sotomayor": law.com has this report.
Posted at 11:52 PM by Howard Bashman


"Congress begins impeachment of Judge Kent": The Houston Chronicle has this news update.
Posted at 11:20 PM by Howard Bashman


In commentary available online at Slate: Emily Bazelon has a jurisprudence essay entitled "Sotomayor's Manly Man Ruling: Her bold ruling in favor of a man who claimed sex discrimination."

And John Dickerson has essays entitled "More Better Judging: The White House's attempt to end the debate about a Sotomayor speech will end up prolonging it" and "Sonia Goes to Washington: Sotomayor endures a marathon meet-and-greet in the Senate."
Posted at 11:18 PM by Howard Bashman



"Where to put Guantanamo prisoners? They're welcome in Colorado; Residents of Florence say they don't mind the supermax prison outside town; And a few more terrorism suspects there wouldn't bother them." This article will appear Thursday in The Los Angeles Times.
Posted at 11:14 PM by Howard Bashman


"California Supreme Court considers suit over workplace spying; The justices appear unlikely to allow employers to spy on workers with hidden cameras, but are skeptical that two women who found a surveillance camera in their office had suffered serious harm": Maura Dolan of The Los Angeles Times has this news update.
Posted at 11:10 PM by Howard Bashman


"Gritty First Job Shaped Nominee; Years as N.Y. Prosecutor Gave Sotomayor Firsthand Look at Crime and Punishment": This article will appear Thursday in The Washington Post.

Thursday's edition of The Los Angeles Times will contain an article headlined "Sotomayor a racist? Newt Gingrich takes it back; The former House speaker had joined Rush Limbaugh in calling the Supreme Court nominee a racist; Gingrich now says his words were 'perhaps too strong and too direct,' but Limbaugh stands firm."

And Steven Thomma of McClatchy Newspapers reports that "Fearing backlash, GOP tones down rhetoric on Sotomayor."
Posted at 11:08 PM by Howard Bashman



"NRA asks Court to expand 2d Amendment": Lyle Denniston has this post at "SCOTUSblog."

You can access the cert. petition at this link (via "The Volokh Conspiracy").
Posted at 08:42 PM by Howard Bashman



In posts of interest from "The BLT: The Blog of Legal Times." David Ingram has a post titled "Property Rights Case a Sleeper for Sotomayor?"

And Tony Mauro has a post titled "Sotomayor's Ex Expounds on Bilski Case."
Posted at 08:35 PM by Howard Bashman



"S.F.'s blast at Vatican was legal, court says": Bob Egelko of The San Francisco Chronicle has a news update that begins, "San Francisco didn't cross into constitutionally forbidden territory of government hostility to religion when the Board of Supervisors denounced a Vatican order to Catholic Charities not to place adoptive children with same-sex couples, a federal appeals court ruled Wednesday."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:30 PM by Howard Bashman



"Federal judge tosses warrantless wiretap cases": The Associated Press has a report that begins, "A federal judge has tossed out more than three dozen lawsuits filed against the nation's telecommunications companies for allegedly taking part in the government's e-mail and telephone eavesdropping program that was done without court approval."

And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Judge Tosses Telecom Spy Suits."

You can access today's ruling of the U.S. District Court for the Northern District of California at this link.

Update: At "SCOTUSblog," Lyle Denniston has a post titled "Challenges to NSA wiretapping shut down."
Posted at 03:10 PM by Howard Bashman



"Criminal charges dropped against Wecht, but animosity remains": Jason Cato has this article today in The Pittsburgh Tribune-Review.

Today in The Pittsburgh Post-Gazette, Paula Reed Ward has an article headlined "Wecht deep in debt, but delighted."

And The Associated Press reports that "Feds drop all charges against celebrity coroner."

Thanks to law professor Ellen S. Podgor of the "White Collar Crime Prof Blog" for the pointer.
Posted at 03:02 PM by Howard Bashman



"In MySpace Cases, Appellate Judges Wrestle With Possible Split": Today in The Legal Intelligencer, Shannon P. Duffy has an article that begins, "Providing a rare study in contrasts, the federal courts in Pennsylvania have had markedly different reactions to two strikingly similar First Amendment cases involving students who were disciplined for ridiculing their principals by creating fake profile pages on MySpace.com."
Posted at 08:30 AM by Howard Bashman


"A Senator Who's Seen the Other Side: GOP's Lead on Judiciary Panel Was Once Rejected for Bench." This article appears today in The Washington Post.

And law.com's Tony Mauro reports that "Critics Pounce on Sotomayor's Reversal Rate."
Posted at 08:17 AM by Howard Bashman



"Conservative Judges Echo Sotomayor in Gun Ruling": Robert Barnes has this article today in The Washington Post.

Today in The Los Angeles Times, David G. Savage reports that "Appeals court upholds Chicago's strict gun laws; Decision by the U.S. 7th Circuit Court of Appeals sets the stage for a Supreme Court battle over whether the 2nd Amendment and its protection for gun owners extends to cities and states."

And at "SCOTUSblog," Lyle Denniston has a post titled "New 2d Amendment case on the way."
Posted at 08:15 AM by Howard Bashman



"Case of death row inmate Troy Davis puts new D.A. in tight spot; Some say Davis, a black man, was wrongly convicted of killing an off-duty white police officer; They are pressing the county's first black D.A. to intervene, a politically dicey prospect": This article appears today in The Los Angeles Times.
Posted at 08:12 AM by Howard Bashman


Tuesday, June 2, 2009

Available online from law.com: Shannon P. Duffy has an article headlined "3rd Circuit: Parent Can't Read Bible to Son's Public School Class." My earlier coverage of yesterday's Third Circuit ruling appears at this link.

And in other news, "Calif. Supreme Court to Put Right of Publicity to a Taste Test; Case involving single-publication rule has generated intense interest in Hollywood and media circles."
Posted at 10:44 PM by Howard Bashman



"Sotomayor Makes Rounds at Capitol": This article will appear Wednesday in The New York Times.

Wednesday's edition of The Los Angeles Times will contain an article headlined "Sotomayor, senators make nice -- for now; The Supreme Court nominee talks race and the law in meetings with lawmakers; Sen. Jeff Sessions, who will lead GOP questioning of Sotomayor, calls her a 'delight,' promises a fair hearing."

The Washington Post has a news update headlined "Sotomayor Visits Lawmakers on Capitol Hill."

David Lightman of McClatchy Newspapers reports that "Sotomayor meets key senators amid bets she's a shoo-in."

This evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Sotomayor Meets With Senators" (RealPlayer required).

The Associated Press has reports headlined "AP poll finds support for Sotomayor confirmation"; "Sotomayor counters GOP critics over bias claims"; and "Sotomayor stays mum during Senate visits."

And Politico.com has reports headlined "The Sotomayor PR offensive"; "Patrick Leahy wants Sonia Sotomayor hearings before August"; "McConnell undecided on Sotomayor"; "Dianne Feinstein signals satisfaction on Roe v. Wade"; and "Right demands tougher fight on Sonia Sotomayor." Meanwhile, in commentary, Michael Steele has an essay entitled "Judge Sotomayor: a milestone nomination, but her record requires scrutiny." Rick Santorum has an essay entitled "Why I would oppose Sonia Sotomayor." And Hugh H. Mo has an essay entitled "Real-world experience prepared Sonia Sotomayor."
Posted at 10:32 PM by Howard Bashman



"D.C. Circuit Revives Suit Against Prosecutor, Court Official": At "The BLT: The Blog of Legal Times," Mike Scarcella has a post that begins, "A federal prosecutor and a D.C. Superior Court jury official are not entitled to absolute immunity in a suit filed by a man alleging constitutional violations stemming from his abrupt dismissal from a grand jury, the U.S. Court of Appeals for the D.C. Circuit ruled today."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 10:08 PM by Howard Bashman



"Court upholds Navy cancellation of A-12 aircraft": The Associated Press has a report that begins, "Boeing Co. and General Dynamics Corp. must pay the government $2.8 billion to settle a nearly two-decade dispute over the cancellation of a Navy contract for a stealth aircraft, the U.S. Court of Appeals for the Federal Circuit ruled Tuesday."

And at "The BLT: The Blog of Legal Times," Joe Palazzolo has a post titled "Court: Government Was Right to Kill 'Flying Dorito' Contract."

My earlier coverage of today's Federal Circuit ruling appears at this link.
Posted at 09:25 PM by Howard Bashman



"7th Circuit homage for Sotomayor gun-rights stance": Josh Gerstein has this post at his "Under the Radar" blog at Politico.com.

Abdon M. Pallasch of The Chicago Sun-Times has a news update headlined "Chicago's handgun ban stands."

The Associated Press reports that "Appeals court upholds Chicago ban on handguns."

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "7th Circuit Ruling Agrees With Sotomayor on Second Amendment."

My earlier coverage of today's Seventh Circuit ruling appears at this link.
Posted at 09:18 PM by Howard Bashman



"ACLU defends girl's lewd MySpace principal parody": The Associated Press has a report that begins, "A federal appeals court must decide whether a Pennsylvania middle school can suspend a student who, at home on her own time, created a lewd MySpace page about her principal."
Posted at 04:30 PM by Howard Bashman


"Already sentenced to prison, Galveston's Samuel Kent to quit next year": The Houston Chronicle has a news update that begins, "Disgraced U.S. District Court Judge Samuel Kent has notified President Barack Obama of his 'unconditional resignation' from the federal bench effective next June 1, his lawyer, Dick DeGuerin told the Houston Chronicle today. Kent sent his letter to the president on the eve of formal impeachment proceedings by the House Judiciary Committee, DeGuerin said."

The Associated Press reports that "Convicted federal judge submits resignation letter."

And Texas Lawyer reports that "Retired U.S. District Judge Samuel B. Kent to Turn in Resignation Today." You can view the letter of resignation by clicking here.
Posted at 03:44 PM by Howard Bashman



"Top Democrat: Sotomayor would follow the law." The Associated Press has a report that begins, "Supreme Court nominee Sonia Sotomayor sought Tuesday to hit back against GOP charges that she would let her background dictate her rulings, telling senators in both parties that she would follow the law as a justice."
Posted at 02:01 PM by Howard Bashman


"Seventh Circuit Rules That, Under Supreme Court Precedent, the Second Amendment Is Not Incorporated Against the States": Eugene Volokh has this post at "The Volokh Conspiracy" about a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today.

Today's ruling will come as no surprise to anyone who listened to the Seventh Circuit oral argument audiotape (5.86MB mp3 audio file), which I previously linked to in this post.
Posted at 01:55 PM by Howard Bashman



"Coleman-Franken Roundup": At his "Election Law Blog," Rick Hasen has this round-up of press coverage of yesterday's oral argument before the Supreme Court of Minnesota.

In addition, you can view the video of yesterday's oral argument online, on-demand by clicking here.
Posted at 12:28 PM by Howard Bashman



"This American version of Jarndyce and Jarndyce has entered its eighteenth year of litigation." A three-judge panel of the U.S. Court of Appeals for the Federal Circuit today issued its ruling in a case that is likely to become known as McDonnell Douglas XIV.

According to today's opinion, "This case arises from the government's default termination in 1991 of a contract between the United States Navy and two contractors, McDonnell Douglas Corporation and General Dynamics Corporation to develop a carrier-based stealth aircraft, the A-12 Avenger." You can access the Wikipedia entry on the A-12 Avenger by clicking here.
Posted at 12:17 PM by Howard Bashman



"Tiller's Killer: Is it wrong to murder an abortionist?" William Saletan has this essay online at Slate.
Posted at 12:10 PM by Howard Bashman


"High-Court Nominee Mirrors Industry Copyright Stance": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 12:08 PM by Howard Bashman


"Reid praises Sotomayor as 'the whole package'": The Associated Press has this report.
Posted at 11:07 AM by Howard Bashman


"Court absolves school officials of responsibility in student's suicide; Federal appellate court says Ontario-Montclair School District officials acted appropriately in disciplining four students who skipped school to attend a rally; One student killed himself": Carol J. Williams has this article today in The Los Angeles Times.

And The Press-Enterprise of Riverside, California reports today that "Appeals court upholds dismissal of civil rights lawsuit."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:15 AM by Howard Bashman



"Sotomayor's record shows she's no sure vote on abortion": Michael Doyle of McClatchy Newspapers has this report.

Today in The Washington Post, Michael A. Fletcher and Shailagh Murray report that "Sotomayor Prepares to Meet With Key Senators; Republicans May Stall Confirmation." The newspaper also contains an editorial entitled "Double Standard: Funny how the achievements on Sonia Sotomayor's resume suddenly count for so little," while columnist Richard Cohen has an op-ed entitled "Dreams Built in the Projects."

Today in The Wall Street Journal, Jess Bravin and Justin Scheck have an article headlined "Look for Sotomayor to Add Heat."

Gail Russell Chaddock of The Christian Science Monitor has an article headlined "GOP quandary: how hard to swing at Sotomayor; Republicans on Capitol Hill are acutely aware that the tone and content of the nominee's hearing could redefine the party after two punishing national elections."

James Rowley of Bloomberg News reports that "Sotomayor May Have Some Unlikely Allies to Answer Gun Critics."

The Associated Press reports that "Sotomayor to make her Capitol Hill debut."

In The New York Times, columnist Ross Douthat has an op-ed entitled "Justices Gone Wild," while columnist Bob Herbert has an op-ed entitled "The Howls of a Fading Species."

And in The Los Angeles Times, columnist Jonah Goldberg has an op-ed entitled "The Sonia Sotomayor debate is a chance to talk it out on race: Liberals say they want a frank conversation, but when anyone disagrees with them, they shout 'racist'; Can we get beyond that?"
Posted at 09:58 AM by Howard Bashman



"Dispute Erupts Over Lawyer for Detainee": The New York Times today contains an article that begins, "Even before a Guantanamo detainee who was ordered by President Obama to face trial in civilian court in New York appears for arraignment, a legal imbroglio has erupted over who will represent him."
Posted at 09:48 AM by Howard Bashman


"Court to Hear Case on Inmate's Retardation": Adam Liptak has this article today in The New York Times.
Posted at 09:47 AM by Howard Bashman


"Justices to Weigh Issue of Patenting Business Methods": Adam Liptak has this article today in The New York Times.

Today in The Los Angeles Times, Carol J. Williams reports that "Supreme Court to review what can be patented; Justices agree to hear a case in which an appellate court upheld the denial of a patent for a computerized method for using weather to predict commodities prices and energy costs."

And law.com has articles headlined "Supreme Court to Hear 'Bilski' Case on Business Method Patents; If confirmed, Sonia Sotomayor may take a different view on patents from her predecessor when the case is heard next fall" and "Handicapping 'Bilski' at the Supreme Court."
Posted at 09:42 AM by Howard Bashman



"Prosecutors cite judge in Bonds perjury appeal": Today in The San Francisco Chronicle, Lance Williams has an article that begins, "A federal judge abused her discretion when she made alleged positive steroid tests and other key evidence off-limits in Barry Bonds' perjury trial, prosecutors said Monday. Bonds' prosecutors asked the Ninth U.S. Circuit Court of Appeals to reinstate the evidence, which Judge Susan Illston banned from the case Feb. 19, on the grounds that there was no proof the tests had anything to do with the former Giants star."

And The Associated Press reports that "Feds appeal ruling tossing out Bonds evidence."
Posted at 09:32 AM by Howard Bashman



"Poll: Most oppose closing Gitmo; Many believe prison in Cuba has made U.S. safer." This front page article appears today in USA Today.
Posted at 09:28 AM by Howard Bashman


Monday, June 1, 2009

"At Yale, Sotomayor was sharp but not outspoken; In interviews, classmates say Sotomayor pick would have surprised them 30 years ago": The Yale Daily News has this article online at its web site.
Posted at 10:35 PM by Howard Bashman


"The Robert Wone Killing Remains 'a Head-Scratcher'; Alleging Coverup by Housemates, D.C. Police Probe Theory of Bizarre Attack in Dupont Circle House": This article -- part two of a two-part series -- will appear Tuesday in The Washington Post.
Posted at 10:30 PM by Howard Bashman


"Appeals court upholds dismissal of suit against Salt Lake County employees": Pamela Manson of The Salt Lake Tribune has a news update that begins, "The 10th U.S. Circuit Court of Appeals on Monday upheld the dismissal of a lawsuit filed against two Salt Lake County employees by animal-rights activists."

According to today's ruling of the U.S. Court of Appeals for the Tenth Circuit, the plaintiffs' lawsuit "alleged violations of their First Amendment rights to free speech and to peaceably assemble after the individual plaintiffs attempted to protest a circus in South Jordan, Utah."
Posted at 10:25 PM by Howard Bashman



"Judges: No Bible at Pa. kindergarten show and tell." The Associated Press has a report that begins, "A kindergartner's mother cannot read Scripture during show and tell, even if the Bible is the boy's favorite book, a U.S. appeals court said Monday in the latest challenge over religion in public schools."

And at "The School Law Blog" of Education Week, Mark Walsh has a post titled "Court Backs District's Refusal to Let Parent Read Bible."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 10:17 PM by Howard Bashman



"Business-Method Patents Get U.S. Supreme Court Review": Greg Stohr and Susan Decker of Bloomberg News have this report.

And Reuters reports that "Top court to hear business-method patent case."
Posted at 04:35 PM by Howard Bashman



"Sotomayor preps as Senate courtship awaits": The Associated Press has this report.

And at "SCOTUSblog," David Stras has a post titled "The Politics of the Sotomayor Nomination," while Tom Goldstein has a post titled "Judge Sotomayor and Abortion."
Posted at 04:18 PM by Howard Bashman



"Guantanamo detainee tries to fire U.S. lawyers, fails": Carol Rosenberg of The Miami Herald has a news update that begins, "Uncertainty clouded a bid to stage the first military commissions hearing of the Obama administration Monday as accused Canadian war criminal Omar Khadr protested disarray among his Pentagon-paid defense team."

And The Associated Press reports that "Canadian at Guantanamo asks to dismiss US lawyers."
Posted at 12:18 PM by Howard Bashman



Available online from National Public Radio: Today's broadcast of "Morning Edition" contained audio segments entitled "GOP Senators Weigh Sotomayor Criticism"; "Sotomayor's Second Amendment Record"; and "High Court May Review Personal Weapons Ruling."

Yesterday's broadcast of "Weekend Edition Sunday" contained audio segments entitled "'Blog Entry' Sparks Furor Over Sotomayor" and "The Straight Story On Sotomayor."

This past Saturday's broadcast of "All Things Considered" contained audio segments entitled "Supreme Court Pick Didn't Come Lightly For Obama" and "The Roots Of Judicial Activism."

And this past Saturday's broadcast of "Weekend Edition Saturday" contained audio segments entitled "Sotomayor Nomination Tops Week's Political News" and "What Storms Lie Ahead For Sotomayor?" (featuring Nina Totenberg).

RealPlayer is required to launch these audio segments.
Posted at 10:45 AM by Howard Bashman



"Sotomayor meets aides shepherding nomination": The Associated Press has this report.
Posted at 10:35 AM by Howard Bashman


"The Unabomber's Brother Tells His Story": This audio segment (RealPlayer required) appeared on this past Saturday's broadcast of NPR's "Weekend Edition Saturday."
Posted at 10:32 AM by Howard Bashman


"Live Blogging the Coleman Franken Oral Argument": Rick Hasen has this post at his "Election Law Blog."
Posted at 10:22 AM by Howard Bashman


Access online today's opinion in an argued case and Order List of the Supreme Court of the United States: The Court today issued its ruling in Bobby v. Bies, No. 08-598. Justice Ruth Bader Ginsburg delivered the opinion for a unanimous Court. You can access the ruling at this link and the oral argument transcript at this link.

The Court also issued a per curiam summary reversal in CSX Transp., Inc. v. Hensley, No. 08-1034. You can access the Court's ruling at this link. Justices John Paul Stevens and Ginsburg each issued dissenting opinions.

You can access today's Order List at this link. The Court today granted review in one case and requested the views of the Solicitor General in one case.

At "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on patent dispute."

And in early news coverage, The Associated Press reports that "High court rules for Ohio in death penalty case"; "Court to decide whether to limit patents"; "Court won't hear appeal from illegal gun dealer"; and "Court won't hear appeal from man convicted of rape."
Posted at 10:07 AM by Howard Bashman



"Supreme Court ruling weakens the right to counsel: By discarding a 1986 precedent, the court has needlessly weakened the protections of the 6th Amendment." The Los Angeles Times contains this editorial today.
Posted at 08:40 AM by Howard Bashman


"The Robert Wone Stabbing: Anatomy of a Murder Case; Authorities Think Housemates Killed the Lawyer in a Dupont Circle Home, but Proof Is Elusive." This article -- part one of a two-part series -- appears today in The Washington Post.
Posted at 08:14 AM by Howard Bashman


"Firefighter case may keep Sotomayor in hot seat; How she viewed 'reverse bias' has critics' attention": Joan Biskupic has this article today in USA Today.

Today in The Los Angeles Times, David G. Savage reports that "Sotomayor's decision on firefighters may be overruled by Supreme Court; The high court nominee was part of a panel that rejected an appeal by white firefighters in New Haven, Conn., who said they were victims of discrimination." The newspaper also contains an article headlined "GOP senators bring race issue to forefront of Sotomayor nomination; Republican lawmakers, toning down their initial criticisms of Limbaugh and Gingrich, who called the high court pick a racist, now question her ability to make fair decisions."

The Washington Post contains articles headlined "Sotomayor Was a Passionate but Civil Activist" and "In GOP, Sotomayor's Resume Takes a Back Seat to Her Words." In addition, Howard Kurtz's "Media Notes" column is headlined "Scotusblog: High Court, High Speed, High Profile."

The New York Times contains an article headlined "Despite Critics, Judge May Find Votes in G.O.P."

The Wall Street Journal contains articles headlined "Senators Preview Stances on Sotomayor" and "Senators Weigh Race Issues With Sotomayor."

Newsday contains an article headlined "Schumer: Sotomayor nearly 'filibuster-proof.'"

Yesterday in The San Francisco Chronicle, Bob Egelko had an article headlined "High court justices rarely stray from course."

Politico.com has an article headlined "New line of attack in Supreme Court fight." In addition, U.S. Senator Orrin Hatch (R-UT) has an essay entitled "Senate determines judges' thinking."

The Associated Press has reports headlined "Singlehandedly raising a Supreme Court nominee"; "GOP senators OK with shrill criticism of Sotomayor"; "GOP senator: Sotomayor not better than a white man"; "Leahy: Sotomayor hearings will be on his schedule"; and "McConnell: Need time to review Sotomayor's record."

And in The New York Daily News, columnist Mike Lupica has an op-ed entitled "Gingrich and rest of far right are scared of Sotomayor - and who can blame them?"
Posted at 08:10 AM by Howard Bashman



"Behind closed doors: How R.I. decriminalized prostitution." This article appeared yesterday in The Providence Journal.
Posted at 08:03 AM by Howard Bashman


"Diverse Opinions: Sotomayor and a breakthrough nomination." Jeffrey Toobin has this "Talk of the Town" article in the June 8, 2009 issue of The New Yorker.
Posted at 07:58 AM by Howard Bashman


"Death Penalty Disgrace": Today in The New York Times, Bob Barr has an op-ed that begins, "There is no abuse of government power more egregious than executing an innocent man. But that is exactly what may happen if the United States Supreme Court fails to intervene on behalf of Troy Davis."
Posted at 07:55 AM by Howard Bashman


"Coleman-Franken U.S. Senate election goes before Minnesota Supreme Court today": This article appears today in The St. Paul Pioneer Press.

The Minneapolis Star Tribune reports today that "Court to hear Senate recount case today."

In The New York Times, John Schwartz reports that "Battle for Senate Seat Goes to Minnesota's Top Court."

And in The Los Angeles Times, law professor Richard L. Hasen has an op-ed entitled "Get the Al Franken Show on the road: The U.S. Senate should provisionally seat the former performer if the Minnesota Supreme Court rejects rival Norm Coleman's challenge to the narrow 2008 election results."

The oral argument is scheduled to begin at 9 a.m. central time today. Once the Supreme Court of Minnesota adds this morning's oral argument to that court's online archive of oral argument videos, you will be able to access the video via this link.
Posted at 07:50 AM by Howard Bashman







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