How Appealing

Friday, July 31, 2009

"Obama Awards Medal of Freedom to O'Connor": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 03:02 PM by Howard Bashman


"Bias suit by black US Capitol officers revived": The Associated Press has a report that begins, "A federal appeals court on Friday revived a discrimination lawsuit brought by more than 200 black police officers who claim they were mistreated by white supervisors with the U.S. Capitol Police."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 03:01 PM by Howard Bashman



"Appeals court orders resentencing for Nacchio": The Denver Post has this news update.

Reuters has a report headlined "Qwest ex-CEO prison term incorrect - appeals court."

And The Associated Press reports that "Court orders shorter sentence for ex-Qwest CEO."

You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 02:33 PM by Howard Bashman



"Court Creates Waves in Criminal System; Right to Cross-Examine Expert Witnesses Means Big Changes In Presenting Lab Evidence": Lawrence Hurley had this article yesterday in The Daily Journal of California.
Posted at 09:37 AM by Howard Bashman


"6 GOP Senators To Vote In Favor Of Sotomayor": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."

And earlier this week, Wednesday's broadcast of "All Things Considered" contained an audio segment entitled "Obama's Judicial Nominees Stalled In Senate" (RealPlayer required).
Posted at 09:25 AM by Howard Bashman



"Porn prosecution fuels debate": Today at Politico.com, Josh Gerstein has an article that begins, "President Barack Obama's Justice Department has quietly agreed to move a pornography prosecution out of socially conservative Montana to more urbane New Jersey -- fueling perceptions by some attorneys that the new administration is stepping back from the aggressive approach the Bush administration took to prosecuting obscenity."
Posted at 09:15 AM by Howard Bashman


"Judges won't hear appeal on Commandments sign; Haskell County lost lawsuit over monument on courthouse lawn": This article appears today in The Oklahoman.

My earlier post on yesterday's Tenth Circuit order, accompanied by two dissenting opinions, denying rehearing en banc by an evenly divided vote can be accessed here.
Posted at 09:14 AM by Howard Bashman



Thursday, July 30, 2009

"Past the Judicial Wars": Columnist David S. Broder has this op-ed today in The Washington Post.
Posted at 11:32 PM by Howard Bashman


"Selective Service Is Sued by Quaker; Draft Form Has No Way to Indicate Status as Conscientious Objector": The Washington Post contains this article today.
Posted at 11:30 PM by Howard Bashman


"Detention Challenges Are Far Off for Many; Guantanamo Cases Make Little Progress": This article will appear Friday in The Washington Post.
Posted at 11:25 PM by Howard Bashman


Available online from law.com: Shannon P. Duffy of The Legal Intelligencer reports that "3rd Circuit Upholds Bar to Litigation Over Litigation; Opinion backs lawyers' 'absolute privilege' in communication in course of lawsuit." You can access today's non-precedential ruling of the U.S. Court of Appeals for the Third Circuit at this link.

In other news, an article reports that "Appeals Court Upholds Lopsided Award Against Ford Motor Co.; Panel found no reason to reverse based on a mismatch between compensatory and punitive damages." You can access yesterday's non-precedential ruling of the Superior Court of New Jersey, Appellate Division, at this link.

And in commentary, Eric R. Haren has an essay entitled "The Real Battle for the Federal Judiciary."
Posted at 11:23 PM by Howard Bashman



Evenly divided Tenth Circuit denies rehearing en banc of three-judge panel ruling which held that a Ten Commandments monument in Oklahoma represented an unconstitutional governmental endorsement of religion: Six judges voted in favor of en banc review, and six judges voted against it. You can access today's order denying rehearing en banc, and two opinions dissenting therefrom, at this link.

The original three-judge Tenth Circuit panel's ruling can be accessed here, while my earlier coverage of that ruling appears at this link.

Lastly, the federal district court's ruling in this case can be accessed here, while my earlier coverage of that ruling appears at this link.
Posted at 11:10 PM by Howard Bashman



"No. 3 Republican to back Sotomayor for high court": The Associated Press has this report.
Posted at 05:20 PM by Howard Bashman


"Rove Had Heavier Hand in Prosecutor Firings Than Previously Known": Carrie Johnson of The Washington Post has a news update that begins, "Political adviser Karl Rove and other high-ranking figures in the Bush White House played a greater role than previously understood in the firing of federal prosecutors almost three years ago, according to e-mails obtained by The Washington Post, in a scandal that led to mass Justice Department resignations and an ongoing criminal probe."
Posted at 03:12 PM by Howard Bashman


The en banc Fifth Circuit has certified for U.S. Supreme Court review "whether the prosecution of Seale for a fatal kidnapping that occurred in 1964 but was not indicted under federal law until 2007 is barred by a federal limitations period": Today's order, from which six judges have noted their dissent, issued in the case captioned United States v. James Ford Seale.

In her dissent from today's certification order, Chief Judge Edith H. Jones writes:

Although the certification falls within the permissible scope of Sup. Ct. Rule 19, it is not worth this busy court's time or that of the also-busy Supreme Court to pursue that path. The likelihood of the Court's accepting certification, based on past usage, is virtually nil. The Court has accepted Rule 19 certifications only four times in more than sixty years.
This blog's earlier coverage of the case can be accessed here and here.

Update: The "Fifth Circuit Blog" offers this coverage of today's order.

The Associated Press reports that "High court asked to review civil rights-era case."

And at "SCOTUSblog," Lyle Denniston has a post titled "A question for the Court."
Posted at 02:24 PM by Howard Bashman



"Appeals court will reconsider challenge to county fair gun ban; Long-running lawsuit filed in 1999 by gun show promoters": Bay City News Service has this report.

And law.com reports that "9th Circuit Giving Alameda Gun Case Another Look."

Additional coverage of yesterday's Ninth Circuit order granting rehearing en banc can be accessed via this earlier post.
Posted at 12:27 PM by Howard Bashman



"Appeals court hears arguments in Ky. NASCAR suit": The Associated Press has this report about a case argued today before a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit.
Posted at 12:24 PM by Howard Bashman


Wednesday, July 29, 2009

"Interesting Tenth Circuit Concurring Opinion on the Right To Bear Arms and Felons": Eugene Volokh has this post at "The Volokh Conspiracy."

And at "SCOTUSblog," Lyle Denniston has a post titled "Did Heller say too much?"

My earlier coverage of yesterday's Tenth Circuit ruling appears at this link.
Posted at 10:32 PM by Howard Bashman



"New hearing for fairgrounds gun ban": Bob Egelko of The San Francisco Chronicle has a news update that begins, "A federal appeals court in San Francisco set aside its ruling Wednesday - the only one of its kind in the nation - that allowed private citizens to claim a constitutional right to bear arms in challenging state and local gun laws."

And at "The Volokh Conspiracy," Eugene Volokh has this post about today's order granting rehearing en banc of the U.S. Court of Appeals for the Ninth Circuit.

My earlier coverage of the original three-judge Ninth Circuit panel's ruling can be accessed here.
Posted at 10:00 PM by Howard Bashman



"Senators poised to name Martin to federal appeals court": The Atlanta Journal-Constitution has a news update that begins, "Senators grilled President Barack Obama's nominee for the federal appeals court in Atlanta over her controversial ruling in a recent child sex case, commended her for her overall record and appear poised to approve her nomination to the full Senate." Earlier this month, the newspaper published an article by Bill Rankin headlined "Appeals nominee set sentence rules aside; Ruling in Internet child-sex case outrages House Republicans."

And at "The BLT: The Blog of Legal Times," David Ingram has a post titled "11th Circuit Nominee Questioned on Sentencing."
Posted at 09:30 PM by Howard Bashman



"High Court Ruling Hits Plaintiffs' Attorneys; Term's 'Sleeper Case' Requires Plaintiffs to List Specific, Detailed Allegations to Reach Discovery": Yesterday in The Daily Journal of California, Lawrence Hurley had an article that begins, "Thanks to the U.S. Supreme Court, plaintiffs' attorneys now have to think twice before filing civil lawsuits in federal court."

Update: Coincidentally, yesterday the U.S. Court of Appeals for the Second Circuit issued a per curiam opinion remanding the Iqbal v. Ashcroft case back to the trial court to allow Iqbal to seek leave to amend his complaint.
Posted at 10:30 AM by Howard Bashman



"Big Names Weigh In on Attorney-Client Privilege Issue; Elena Kagan, ABA on opposing sides of case that could change the way many appellate courts deal with issue": law.com has a report that begins, "The Obama administration and a group of law professors and former federal judges are asking the U.S. Supreme Court to reject a Georgia company's plea for a change in the way many appellate courts deal with questions of attorney-client privilege."
Posted at 10:17 AM by Howard Bashman


Bashman news from here and there: The Journal News of Westchester, New York reports today that "Pair bash man with bottle, shoe in Haverstraw road-rage incident."
Posted at 10:12 AM by Howard Bashman


Tuesday, July 28, 2009

"Knowing the meaning of the Second Amendment right and having identified its individual nature, the issue becomes what limits the government may place on the right. Indeed, this is where the Second Amendment rubber meets the road." In an interesting concurring opinion issued today, Tenth Circuit Judge Timothy M. Tymkovich questions whether "the broad scope of 18 U.S.C. sec. 922(g)(1)--which permanently disqualifies all felons from possessing firearms--would conflict with the 'core' self-defense right embodied in the Second Amendment." Judge Tymkovich's concurrence goes on to observe that "Non-violent felons, for example, certainly have the same right to self-defense in their homes as non-felons."
Posted at 11:40 PM by Howard Bashman


"Senate Panel Endorses Sotomayor": Neil A. Lewis will have this article Wednesday in The New York Times. And today's newspaper contains an article headlined "2 Republicans Announce Plans to Vote Against Sotomayor."

In Wednesday's edition of The Washington Post, Amy Goldstein and Robert Barnes will have an article headlined "Senate Committee Endorses Sotomayor; Just One Republican Sides With Democrats in Backing the Supreme Court Nominee." In addition, Wednesday's installment of Dana Milbank's "Washington Sketch" column will carry the headline "Plenty of Static on the Party Line About Sotomayor." And today's newspaper contains an editorial entitled "Target: Sonia Sotomayor; The NRA's cheap shot against the Supreme Court nominee."

Wednesday in The Los Angeles Times, David G. Savage and Mark Silva will have an article headlined "Sonia Sotomayor wins backing of Senate committee; The Senate Judiciary Committee mostly sticks to party lines in a 13-6 vote; The full Senate is expected to confirm the appointment next week." And in today's newspaper, David G. Savage has an article headlined "Panel vote on Sotomayor likely to reflect divide; Obama's Supreme Court pick is expected be approved by a Senate committee on a near-party line vote; Lawmakers once showed deference to presidents' choices, but now 'it's a new ballgame,' says one."

Wednesday in The Wall Street Journal, Jess Bravin will have an article headlined "Sotomayor Moves Closer to High Court."

Warren Richey of The Christian Science Monitor reports that "Sotomayor gets committee nod for Supreme Court seat; But the Senate panel vote is nearly party-line, with just one Republican approving her nomination."

The Associated Press has reports headlined "Judiciary Committee OKs Sotomayor for high court"; "Texas' Hutchison voting against Sotomayor"; and "La. Sen. Vitter says he'll vote against Sotomayor."

And The Houston Chronicle has a news update headlined "Hutchison will vote 'nay' on Sotomayor."
Posted at 11:20 PM by Howard Bashman



Bob Egelko of The San Francisco Chronicle is reporting: In today's newspaper he has articles headlined "Nuclear plants adequately guarded, court rules" (access last Friday's Ninth Circuit ruling at this link) and "UC Santa Cruz defeats conservatives in court" (my earlier coverage of last Friday's D.C. Circuit ruling appears at this link).
Posted at 11:00 PM by Howard Bashman


"Pay to Sue on the Docket: The trial bar on trial in Pennsylvania." Wednesday's edition of The Wall Street Journal will contain an editorial that begins, "Good news: The Pennsylvania Supreme Court has agreed to hear an unusual but important legal challenge in a case involving Governor Ed Rendell's hiring of a contingency fee law firm to sue a drug manufacturer on behalf of the state."
Posted at 10:23 PM by Howard Bashman


"Obama will close Gitmo on time, officials say; The administration also tells Congress Tuesday that it will decide the status of all 229 detainees by Oct. 1": Warren Richey of The Christian Science Monitor has this report.

And Carol Rosenberg of The Miami Herald has a news update headlined "Young Afghan in Camp Iguana, playing Wii."
Posted at 10:01 PM by Howard Bashman



"Radio host denies threatening federal judges": The Chicago Tribune has a news update that begins, "An Internet radio host pleaded not guilty today to threatening to kill three federal appellate judges in Chicago and then sought his release from custody, saying he has been an informant for the FBI."

And The Associated Press reports that "N.J. blogger pleads not guilty to threatening judges, claims to be past FBI informant."

Today's bond hearing occurred before U.S. Magistrate Judge Martin C. Ashman of the Northern District of Illinois.
Posted at 09:03 PM by Howard Bashman



"Federal Judge Evans will move to senior status": The Milwaukee Journal Sentinel has a news update that begins, "Federal Appeals Court Judge Terence Evans has notified President Barack Obama that he will move into semi-retirement Jan. 7 - the 30-year anniversary of when he first took the federal bench."
Posted at 08:44 PM by Howard Bashman


Programming note: For much of today, I'll be at the offices of trial counsel in a case that's likely soon to be headed for appeal involving a client of mine. Additional posts will appear here later today.
Posted at 07:55 AM by Howard Bashman


"Panel to vote on Sotomayor, confirmation likely": The Associated Press has this report.

The Senate Judiciary Committee will vote on the nomination at a hearing scheduled to begin at 10 a.m. eastern time today. The committee's live video feed can be accessed via this link.
Posted at 07:52 AM by Howard Bashman



Monday, July 27, 2009

"Conservatives think Sotomayor could give them political boost": David Lightman of McClatchy Newspapers has this report.

And The Christian Science Monitor has an article headlined "Sotomayor roundup: How Republicans will vote; Five GOP senators have announced their intentions ahead of Tuesday's Judiciary Committee vote on the Supreme Court nominee."
Posted at 08:30 PM by Howard Bashman



"California Supreme Court says paralyzed grad can take bar exam": The Sacramento Bee has this news update.
Posted at 08:17 PM by Howard Bashman


"Grassley to vote against Sotomayor confirmation": The Des Moines Register has this news update.

And The Associated Press reports that "Grassley to oppose Sotomayor."
Posted at 03:57 PM by Howard Bashman



"Appeals court blocks FedEx class action": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 03:37 PM by Howard Bashman


"GOP Sen. Sessions to oppose Sotomayor": The Associated Press has this report.

Update: Senator Sessions announced his intention to vote "no" in an op-ed entitled "A confirmation conversion: Nominee lacks deep convictions needed to resist judicial activism" published today in USA Today.

The newspaper also contains an editorial entitled "Vapid Senate hearings aside, Sotomayor merits approval; Nominee's long record shows her to be qualified, impartial."
Posted at 10:20 AM by Howard Bashman



Sunday, July 26, 2009

"Supreme Court ruling shakes up criminal trials; Cases have been thrown out and doubts linger after last month's decision giving defendants the right to question forensic technicians in court": David G. Savage has this article today in The Los Angeles Times.
Posted at 10:18 PM by Howard Bashman


"Amid Scrutiny, Yoo Pushes Back; Quietly but Forcefully, Author of Detainee Memos Rebuts Critics": Carrie Johnson will have this article Monday in The Washington Post.
Posted at 09:14 PM by Howard Bashman


"Judicial Roulette": In the Sunday Book Review section of today's edition of The New York Times, Adam Liptak has this review of the new book 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 09:10 PM by Howard Bashman


"Ala. senator mum on his decision about Sotomayor": The Associated Press has a report that begins, "The senior Republican on the Senate Judiciary Committee says he has made up his mind on Supreme Court nominee Sonia Sotomayor, but he's not ready to make his decision public."
Posted at 09:08 PM by Howard Bashman


"An Abortion Battle, Fought to the Death": This article appears today in The New York Times.

And The Associated Press reports that "Suspect in Kan. abortion killing faces hearing."
Posted at 09:00 PM by Howard Bashman



Bashman news from here and there: Monday's edition of The Cairns Post of Australia reports that "Party bash man dies in hospital."
Posted at 08:50 PM by Howard Bashman


Saturday, July 25, 2009

"The Sotomayor Test: Will she limit Obama's next pick?" Dahlia Lithwick will have this essay in the August 3, 2009 issue of Newsweek.
Posted at 05:20 PM by Howard Bashman


"Kagan vows to defend some laws Obama dislikes": Bob Egelko had this article yesterday in The San Francisco Chronicle.
Posted at 05:10 PM by Howard Bashman


"High Court Ruling Shapes Local Control; California Officials To Seek Relief from Court Oversight": Yesterday in The Daily Journal of California, Lawrence Hurley had an article that begins, "Lawyers for California's troubled Department of Corrections and Rehabilitation plan to file a motion Friday to test whether a little-noticed U.S. Supreme Court decision issued last month will help the state extricate itself from long-running institutional litigation."
Posted at 05:05 PM by Howard Bashman


"Military and Media Clash In Complaint; Navy Spokesman Alleges Abuse by Miami Reporter": Today in The Washington Post, Howard Kurtz has an article that begins, "Tensions between journalists and military officials are nothing new. But a bitter series of clashes between a top Navy spokesman and a Miami Herald military reporter reached a new, eye-opening level this week."

And FOXNews.com has a report headlined "Naval Officer's Letter Accuses Newspaper Reporter of Sexual Harassment."

FishbowlDC has posted a copy of the Navy officer's letter at this link.

Carol Rosenberg's most recent article from Guantanamo Bay appeared Tuesday in The Miami Herald and was headlined "9/11 families' plea: Keep Guantanamo open; The families of Sept. 11 victims have emerged as powerful voices in the effort to stop the White House from closing the Guantanamo Bay war courts and prison camps."
Posted at 04:50 PM by Howard Bashman



Friday, July 24, 2009

"Sens. Hatch, Cornyn say they'll vote against Sotomayor": David Lightman and Maria Recio of McClatchy Newspapers have this report.

And The Christian Science Monitor has articles headlined "Sotomayor's views on property rights cause concern; She was part of an appeals-court panel in 2006 that favored a private developer with the authority to seize land by eminent domain" and "State of diversity on the courts: Sonia Sotomayor's nomination draws focus to the gains of minority and female judges nationwide."
Posted at 11:35 PM by Howard Bashman



"L.A. federal judge closes civil trial over JDL member's murder in prison; The privacy granted to the case involving the 2005 killing of the Jewish Defense League's Earl Krugel is condemned by constitutional lawyers as a violation of the 1st Amendment": Carol J. Williams has this article today in The Los Angeles Times.
Posted at 11:14 PM by Howard Bashman


"Abortion fight is 'enduring divide'; Argument has intensified again recently": Joan Biskupic has this article today in USA Today.
Posted at 10:47 PM by Howard Bashman


"Religious headscarves now OK in Georgia courts": The Atlanta Journal-Constitution has this news update.

And The Associated Press reports that "Georgia courts to allow religious head coverings."
Posted at 07:48 PM by Howard Bashman



"Conservative unease with common law: Reject judicial activism, reject an American tradition." Nicholas Stephanopoulos has this op-ed today in The Philadelphia Inquirer.
Posted at 02:58 PM by Howard Bashman


"Massey drops recusal lawsuit against W.Va. Supreme Court": The Charleston (W. Va.) Gazette has this news update.

And The Associated Press reports that "Massey drops lawsuit against WVa Supreme Court."
Posted at 02:55 PM by Howard Bashman



"Should Ted Olson Argue in Citizens United?" Tony Mauro has this interesting post today at "The BLT: The Blog of Legal Times."
Posted at 02:52 PM by Howard Bashman


D.C. Circuit holds that conservative group lacks standing to sue to require the Secretary of Defense to enforce the Solomon Amendment against the University of California-Santa Cruz: You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 02:50 PM by Howard Bashman


Received in today's mail: A copy of the book "Federal Appellate Practice" by the law firm Mayer Brown LLP.

Law professor Eugene Volokh has been discussing the book in a series of posts that have appeared recently at "The Volokh Consipracy," and I am looking forward to reviewing the book and sharing my thoughts about it sometime soon.

Update: Eugene's most recent post about the book is titled "Answering Questions at Oral Argument."
Posted at 02:44 PM by Howard Bashman



"Utah's Hatch opposes Sotomayor nomination": The Associated Press has this report.
Posted at 01:57 PM by Howard Bashman


"Appeals court demands accounting for Indian trusts": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 01:55 PM by Howard Bashman


"GOP Sen. Cornyn to vote against Sotomayor": The Associated Press has this report.
Posted at 11:17 AM by Howard Bashman


"Moreno: History Is on My Side on Proposition 8." Today's issue of The Recorder of San Francisco contains an article that begins, "Carlos Moreno stood alone in May when he dissented from the decision upholding Proposition 8. But the California Supreme Court justice says history will prove him right -- that denying gays and lesbians the right to marry is illegal discrimination."
Posted at 10:42 AM by Howard Bashman


"Hacker Can Be Sued for Fraud Under Securities Exchange Act, Says 2nd Circuit": law.com has this report.

My earlier coverage of Wednesday's Second Circuit ruling appears at this link.
Posted at 10:40 AM by Howard Bashman



If a jury is erroneously instructed that it must find the plaintiff was at least 51 percent responsible for causing an accident, and the jury then finds the plaintiff was 53 percent responsible, did the erroneous instruction constitute harmless error? A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit confronts that question in a ruling issued today.

The majority holds that the instruction did not constitute harmless error, while the dissenting judge would hold that the instruction was harmless error since the jury found that the plaintiff was more than 51 percent at fault.
Posted at 10:23 AM by Howard Bashman



Thursday, July 23, 2009

"3rd Circuit Rejects Certification in UPS Discrimination Case": Tomorrow in The Legal Intelligencer, Zack Needles will have an article that begins, "The 3rd U.S. Circuit Court of Appeals has reversed a district court's certification of a nationwide class of employees alleging unlawful discrimination by United Parcel Service."

You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 11:45 PM by Howard Bashman



"Key GOP senator says he'll vote to confirm Sotomayor; Sen. Lindsey Graham's remarks signal that Sonia Sotomayor's nomination to the Supreme Court will move out of committee to the full Senate with some bipartisan support": James Oliphant and David G. Savage have this article today in The Los Angeles Times.

Today in USA Today, Kathy Kiely and Blair Brettschneider report that "Sotomayor gains one GOP vote; loses one; S.C.'s Graham to vote yes; Ariz.'s Kyl, no."

And today in The Wall Street Journal, David McIntosh has an op-ed entitled "Vote No on Sotomayor."
Posted at 11:34 PM by Howard Bashman



"Legislative special session to address court ruling only": Today's edition of The Richmond Times-Dispatch contains an article that begins, "Gov. Timothy M. Kaine will reconvene the General Assembly for an Aug. 19 special session only to address a recent U.S. Supreme Court ruling that some commonwealth's attorneys fear could jeopardize prosecutions."

And today in The Washington Post, metro columnist Robert McCartney has an essay entitled "A Valid Legal Theory That Crumbles With Each DUI Arrest."
Posted at 11:14 PM by Howard Bashman



"Their Own Private Guantanamo": Today in The New York Times, Chisun Lee has an op-ed that begins, "As the Obama administration and Congress try to forge a legal framework for detaining suspected terrorists, they might want to take a close look at what's happening at the federal district courthouse just a short walk down Pennsylvania Avenue from both the White House and the Capitol."
Posted at 10:50 PM by Howard Bashman


"Specter Proposes Return to Prior Pleading Standard": At "The BLT: The Blog of Legal Times," David Ingram has a post that begins, "Congress is preparing to wade into the growing debate over the pleading standard for civil lawsuits, after two recent Supreme Court decisions effectively upended longstanding precedent."

The proposed legislation is titled the "Notice Pleading Restoration Act of 2009."
Posted at 12:33 PM by Howard Bashman



"Judges reinstate guard's brutality convictions": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal appeals court has reinstated the brutality convictions of a Southern California prison guard for yanking two shackled inmates from a van and throwing them to the ground headfirst."

You can access last Friday's non-precedential ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

The case represents the latest reversal of a decision by U.S. District Judge Manuel L. Real in which the Ninth Circuit has instructed that the case be assigned to a different district judge on remand.
Posted at 12:27 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Chamber backs Sotomayor as she meets with GOP" and "NRA warns senators Sotomayor vote will be rated."
Posted at 12:14 PM by Howard Bashman


In the August 2009 issue of ABA Journal magazine: John Gibeaut will have an article headlined "Caperton Capers: Court's recusal ruling sparks states to mull judicial contribution laws."

Anna Stolley Persky will have an article headlined "Sounds of Silence: Mandatory moments stir latest legal rumbling."

Wendy N. Davis will have an article headlined "Biting Back at Obesity: The Big Apple's calorie-counting law is staying on the menu."

And Rachel M. Zahorsky will have an article headlined "Irvine by Erwin: Can a top legal academic create a law school that is both innovative and elite?"
Posted at 10:07 AM by Howard Bashman



"R.I. child custody case spawns free-speech issue": This article appears today in The Providence Journal.

And The Associated Press reports that "ACLU fights RI judge's ban on Facebook comments."

You can access at this link the press release that the Rhode Island ACLU issued yesterday about the matter.
Posted at 09:58 AM by Howard Bashman



Happy birthday to Justice Anthony M. Kennedy: According to today's installment of the popular "Today in History" feature from The Associated Press, Justice Kennedy turns 73 years old today.
Posted at 09:54 AM by Howard Bashman


Wednesday, July 22, 2009

"State cleared to clamp down on nude beaches": Yesterday in The San Francisco Chronicle, Bob Egelko had an article that begins, "Keep that towel handy. California parks officials can enforce a ban on nudity at any state beach, even in areas that have been informally designated as 'clothing optional,' a state appeals court says."

You can access last Friday's ruling of the California Court of Appeal for the Fourth Appellate District, Division Three, at this link.
Posted at 11:30 PM by Howard Bashman



"GOP's Lindsey Graham says he'll vote 'yes' on Sotomayor": David Lightman of McClatchy Newspapers has this report.

The Miami Herald reports today that "Gov. Charlie Crist says he opposes Sonia Sotomayor; After avoiding the question for weeks, Gov. Charlie Crist, who is running for the Senate, said he opposes the confirmation of Supreme Court nominee Sonia Sotomayor."

And today in The Washington Post, Dana Milbank's "Washington Sketch" column is headlined "Why Do Today What Can Be Put Off for a Week?"
Posted at 11:15 PM by Howard Bashman



"For Holder, Inquiry on Interrogation Poses Tough Choice": Today's edition of The New York Times contains a news analysis that begins, "As the attorney general, Eric H. Holder Jr., debates whether to appoint a criminal prosecutor to investigate the interrogations of terrorism suspects after the attacks of Sept. 11, 2001, he is at the brink of a career-defining decision that risks the anger of the White House and the Central Intelligence Agency, one of the Justice Department's main partners in combating terrorism."
Posted at 10:44 PM by Howard Bashman


"Ten Commandments removed from Jackson Co. courthouse": This article appears today in The Lexington Herald-Leader.

And The Courier-Journal of Louisville, Kentucky reports today that "Jackson Co. officials remove Ten Commandments displays from courthouse."
Posted at 10:33 PM by Howard Bashman



"The Bush Judicial Legacy, By the Numbers": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 09:08 PM by Howard Bashman


"Minors in R.I. can be strippers": This article appeared online yesterday at the web site of The Providence Journal.
Posted at 09:03 PM by Howard Bashman


"Author of Torture Memos Pranked in Classroom": Kim Zetter has this post at Wired.com's "Threat Level" blog.
Posted at 04:12 PM by Howard Bashman


"Court upholds Grand Canyon's river management plan": The Associated Press has this report about a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 03:54 PM by Howard Bashman


"[T]he law was sufficiently clear to inform a reasonable officer that it was unlawful to Taser a nonviolent, suspected misdemeanant who was not fleeing or resisting arrest, who posed little to no threat to anyone's safety, and whose only noncompliance with the officer's commands was to disobey two orders to end her phone call to a 911 operator": So holds the U.S. Court of Appeals for the Eighth Circuit in a ruling issued today.
Posted at 03:52 PM by Howard Bashman


Second Circuit holds that computer hacking may be "deceptive" under Section 10(b) of the Securities Exchange Act where the hacker obtains material, nonpublic information used to trade securities: Today's ruling rejects the district court's reasoning that a breach of a fiduciary duty is necessary for an actionable securities claim under Section 10(b).

Instead, today's ruling holds that a breach of a fiduciary or similar duty is not necessary, and that some forms of computer hacking by non-fiduciaries are plainly "deceptive" under Section 10(b), irrespective of a breach of duty.
Posted at 03:37 PM by Howard Bashman



"Va. Special Session Called to Address Testimony Ruling": The Washington Post has a news update that begins, "Virginia Gov. Timothy M. Kaine (D) announced Wednesday morning that he is convening a special session of the General Assembly to respond a U.S. Supreme Court ruling that prosecutors say will lead to more dismissed cases, and has already resulted in some drunk driving cases being thrown out."
Posted at 01:38 PM by Howard Bashman


"GOP Sen. Graham to support Sotomayor": The Associated Press has this report.
Posted at 01:34 PM by Howard Bashman


"Controversial Sanctions Ruling Now in 3rd Circuit's Hands": Shannon P. Duffy has this article today in The Legal Intelligencer.

The U.S. Court of Appeals for the Third Circuit now makes audio of its oral arguments available for online download, and you can access the oral argument of this appeal in two parts: part one (84.4MB Windows Media file) and part two (15.8MB Windows Media file).
Posted at 11:42 AM by Howard Bashman



"Sen. Kyl, No. 2 Republican, to oppose Sotomayor": The Associated Press has this report.
Posted at 11:24 AM by Howard Bashman


Tuesday, July 21, 2009

"The Sotomayor Nomination": This editorial appears today in The New York Times.
Posted at 10:42 PM by Howard Bashman


"The Day Obscenity Became Art": Today in The New York Times, Fred Kaplan has an op-ed that begins, "Today is the 50th anniversary of the court ruling that overturned America's obscenity laws, setting off an explosion of free speech -- and also, in retrospect, splashing cold water on the idea, much discussed during Sonia Sotomayor's Supreme Court confirmation hearings, that judges are 'umpires' rather than agents of social change."
Posted at 10:34 PM by Howard Bashman


"Old World: Why isn't Obama appointing young judges to the circuit courts?" Law professors David Fontana and Micah Schwartzman have this essay online at The New Republic.
Posted at 10:23 PM by Howard Bashman


"Pa. Supreme Court upholds state prisons' ban on pornography": The Associated Press has this report on a ruling that the Supreme Court of Pennsylvania issued yesterday.
Posted at 08:30 PM by Howard Bashman


"Cooke's conviction overturned": The News Journal of Wilmington, Delaware has an update that begins, "A divided Delaware Supreme Court today overturned the conviction and death sentence of James E. Cooke Jr. in the 2005 murder of Lindsey M. Bonistall."

And The Associated Press reports that "Del. court overturns death penalty conviction."

You can access today's 3-2 ruling of the Supreme Court of Delaware at this link.
Posted at 07:50 PM by Howard Bashman



"Texas court asserts protections for online reporter": Douglas Lee has this commentary online at the First Amendment Center.
Posted at 03:55 PM by Howard Bashman


Available online from law.com: An article is headlined "Questioning Sotomayor Without a License: Six senators on the Judiciary Committee don't have law degrees; How did they prepare for the hearing?"

And in other news, "'Rule of Necessity' Could Be Invoked in N.Y. Judicial Pay Suits."
Posted at 03:10 PM by Howard Bashman



"Judicial Bias Case Heads Back to West Virginia Court": At "The BLT: The Blog of Legal Times," Marcia Coyle has a post that begins, "The West Virginia Supreme Court in September will take its third look at the appeal of a $50 million-jury verdict which led to a key U.S. Supreme Court ruling last month on judicial bias."

And speaking of heading back to West Virginia, it now appears that I'll be in Huntington, West Virginia this September during Constitution Week to participate in a panel discussion about blogging and the First Amendment to be hosted by Chief Justice Brent D. Benjamin of the Supreme Court of Appeals of West Virginia.
Posted at 02:34 PM by Howard Bashman



"Ohio killer's lethal injection marks 1,000th in US": The Associated Press has this report.
Posted at 02:18 PM by Howard Bashman


"Is there a women's view on top court?" Today in The Globe and Mail of Toronto, Kirk Makin has an article that begins, "Women are making a dramatic difference to the Supreme Court of Canada, concludes a new book that analyzed the past 40 years of the court and its jurisprudence."

The book on which the article reports is "The Transformation of the Supreme Court of Canada: An Empirical Examination," by Donald R. Songer.
Posted at 01:54 PM by Howard Bashman



Julie Hirschfeld Davis of The Associated Press is reporting: She has articles headlined "Panel delays Sotomayor vote as GOP support grows" and "Abortion rights group endorses Sotomayor for court."
Posted at 01:44 PM by Howard Bashman


Programming note: This morning, I will be presenting oral argument before a three-judge panel of the Superior Court of Pennsylvania in a matter that involves fourteen consolidated appeals. I previously filed this Brief for Appellants in connection with those appeals. The cases have previously received some press coverage. See "Judge Asks Pa. Appeals Court to Uphold Dismissal of Consolidated HRT Cases"; "Pa. Judge Denies Another Breast Cancer-HRT Claim"; and "HRT Patient's Personal Injury Claim Found to Be Time-Barred" (all freely available via law.com).

Additional posts will appear here this afternoon.
Posted at 06:44 AM by Howard Bashman



Monday, July 20, 2009

"Sleeper Decision Could Have Impact on Litigation": Tuesday in The New York Times, Adam Liptak will have this new installment of his "Sidebar" column.
Posted at 08:17 PM by Howard Bashman


"Yawner for some, Sotomayor hearings explored big issues": David Lightman of McClatchy Newspapers has this report.

Today in USA Today, Joan Biskupic reports that "Many legal issues left out of hearings; There was much that senators never bothered to ask Sotomayor." In addition, Kathy Kiely has an article headlined "Nominee: Put high court on TV; She says cameras in the courtroom are a 'positive.'"

And in The Washington Post, Howard Kurtz's "Media Notes" column is headlined "Sotomayor: Headline Snooze; No-Drama Hearings Leave Press Listless."
Posted at 08:10 PM by Howard Bashman



"GOP, divided on Sotomayor, won't drag out debate": The Associated Press has this report.
Posted at 04:55 PM by Howard Bashman


"September Argument Debut for SG Kagan": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 03:08 PM by Howard Bashman


"Answers to Questions: What Supreme Court Justices really do." Jeffrey Toobin has this comment in the July 27, 2009 issue of The New Yorker.
Posted at 09:02 AM by Howard Bashman


"Might it happen? Slaughterhouse overruled?" Lyle Denniston has this post at "SCOTUSblog."
Posted at 09:00 AM by Howard Bashman


"Chief justice's husband charged at alcohol party": This article appeared last Friday in The Des Moines Register.
Posted at 08:57 AM by Howard Bashman


"Senate Confirmation Hearing Portrays 3 Versions of Sotomayor": law.com's Tony Mauro has this report.

And Bloomberg News columnist Albert R. Hunt has an essay entitled "White Men Can't Trump Sotomayor on Life Story."
Posted at 08:55 AM by Howard Bashman



Sunday, July 19, 2009

"Little for Liberals in Confirmation Hearings; As Sotomayor and White House Avoid Ideology, Some on Left See Wasted Chance": The Washington Post contains this article today. In addition, the newspaper contains an editorial entitled "Confirm Sonia Sotomayor: Despite less than candid exchanges on diversity, her hearings reveal a well-qualified candidate for the court"; columnist Kathleen Parker has an op-ed entitled "The GOP's Sotomayor Sinkhole"; and Robin Givhan has an essay entitled "Opening a Conventional Closet In Quest for a Supreme Robe."

Today in The Los Angeles Times, James Oliphant and David G. Savage have an article headlined "Diversity a touchy topic at Sotomayor hearings; What Sen. Jeff Sessions calls an 'honest discussion' on race, some observers say is an attack on ethnic pride." The newspaper also contains an editorial entitled "Verdict on Sotomayor: The nominee impressed, despite a hearing that was big on imagery but short on substance."

In the Week in Review section of The New York Times, Jill Abramson has an article headlined "Women on the Verge of the Law: From Anita Hill to Sonia Sotomayor." In addition, columnist Frank Rich has an op-ed entitled "They Got Some 'Splainin' to Do."

And The Associated Press has reports headlined "Hearings fail to sway Sessions to Sotomayor's side" and "Sotomayor would be beholden to no one."
Posted at 06:24 PM by Howard Bashman



Saturday, July 18, 2009

"Republicans Are Splitting on Sotomayor Confirmation": This article appears today in The New York Times.

The Washington Post reports today that "3 Senate Republicans Endorse Sotomayor; But One Leader Says Statements Indicate Partiality."

And in The Wall Street Journal, David Greenberg has an essay entitled "The Supreme Court Kabuki Dance: The ritual of choosing a justice has a long history of fictions and evasions."
Posted at 08:24 PM by Howard Bashman



"Sotomayor would lend different experience to court": Mark Sherman of The Associated Press has this report.

And Politico.com has reports headlined "Left and right both let down by Sonia Sotomayor hearings"; "Senators talk away at Sonia Sotomayor's hearing"; "The right to bear nunchucks?"; and "Court tapes show blunt Sotomayor."
Posted at 07:50 PM by Howard Bashman



Friday, July 17, 2009

"A mechanic in a black robe: Legal experts disappointed by Sonia Sotomayor's confirmation performance say her workmanlike answers gave no indication of the philosophy that would guide her on the Supreme Court." David G. Savage has this article today in The Los Angeles Times. And James Oliphant has an article headlined "Firefighters say the law matters, not empathy; New Haven, Conn., plaintiffs in the lawsuit that Sonia Sotomayor ruled on testify at her Supreme Court confirmation hearing."

Today in USA Today, Kathy Kiely and Joan Biskupic have an article headlined "Sessions expects vote on Sotomayor in August; Past statements still trouble Republicans."

In The Washington Post, Robert Barnes and Paul Kane have an article headlined "Graham Exchanges Among Most Watched; S.C. Conservative Is Considered Pivotal Character in Sotomayor Hearings."

The New Haven Register contains an article headlined "Firefighters: Denounce Sotomayor's appeal ruling, don't oppose confirmation." And Dana Milbank has a "Washington Sketch" column headlined "Firefighters but No Brimstone."

Warren Richey of The Christian Science Monitor reports that "Sotomayor on track to easy Supreme Court confirmation; At her confirmation hearings this week, any ideological slugfest was avoided as the nominee stayed low-key and judicial."

From McClatchy Newspapers, David Lightman and Michael Doyle have an article headlined "Sotomayor hearings offer lessons for future nominees"; David Lightman reports that "3 Republican senators say they'll vote for Sotomayor"; and Halimah Abdullah has an article headlined "McConnell, Bunning agree: They'll vote no on Sotomayor."

And Saturday's edition of The Wall Street Journal will contain an editorial entitled "Second Amendment Confidential: Sotomayor takes the Fifth on gun rights."
Posted at 11:02 PM by Howard Bashman



"Justice Ginsburg In Context": Columnist Michael Gerson has this op-ed today in The Washington Post.
Posted at 10:45 PM by Howard Bashman


"High Court Ruling Voids DWI Case In Fairfax County": Satuday's edition of The Washington Post will contain an article that begins, "A Fairfax County Circuit Court judge threw out a breathalyzer certificate in a drunken driving case yesterday, ruling under a new Supreme Court precedent that prosecutors had to make the officer who performed the breath test available for cross-examination."
Posted at 10:40 PM by Howard Bashman


"Ruling: Court failed its duty to Muslim scholar." The Associated Press has a report that begins, "U.S. officials should have given a Muslim scholar a chance to show he was no supporter of terrorism before barring him from the country, a federal appeals court ruled Friday."

And law.com reports that "2nd Circuit Revives Muslim Scholar's Challenge to Ban on U.S. Travel."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 10:12 PM by Howard Bashman



"Appeals court dismisses lawsuit over Bush protest": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 02:07 PM by Howard Bashman


"GOP senators weigh options in Sotomayor's wake": Jesse J. Holland of The Associated Press has this report. The AP also reports that "Senate saw carbon copy of courthouse Sotomayor."

Greg Stohr and Christopher Stern of Bloomberg News report that "Sotomayor Moves Toward Approval as Republicans Soften Criticism."

Reuters reports that "Sotomayor on track for quick vote."

And law.com's Tony Mauro reports that "Cordial End to Senate Hearing Paves Way for Sotomayor Confirmation."
Posted at 11:28 AM by Howard Bashman



Thursday, July 16, 2009

"'Torture Memo' Author Yoo Gets Private Lawyer for Appeal of Detainee Lawsuit": law.com has an article that begins, "John Yoo, author of some of the Bush administration's war-on-terror memos, has hired Washington, D.C., lawyer Miguel Estrada to appeal a ruling that allowed an allegedly mistreated detainee's suit against Yoo."
Posted at 11:08 PM by Howard Bashman


"Gitmo closure angers families of Sept. 11 victims": The Associated Press has this report.
Posted at 10:58 PM by Howard Bashman


"Senate Likely to Vote on Sotomayor in August": Neil A. Lewis will have this article in Friday's edition of The New York Times. Tomorrow's newspaper will also contain a news analysis headlined "A Nominee on Display, but Not Her Views." Today's newspaper, meanwhile, contains an article headlined "Queries on Abortion and Guns Fail to Break Judge's Stride," a news analysis headlined "Future Nominations Are at Stake in Hearings," and an op-ed by columnist Gail Collins entitled "3 Days of the Sotomayor."

In Friday's edition of The Washington Post, Paul Kane, Robert Barnes, and Amy Goldstein will have an article headlined "Senate Republicans Won't Block Vote on Sotomayor; Decision All but Ensures Confirmation to Supreme Court." Today's newspaper, meanwhile, contains an article by Amy Goldstein, Paul Kane, and Robert Barnes headlined "Sotomayor Avoids Pointed Queries; Supreme Court Nominee Is Elusive About Abortion and Other Issues," an article headlined "As Questioner, Lawmaker Is Man on Own Mission; Specter Well Prepared to Grill Sotomayor," a news analysis by Robert Barnes headlined "Republicans Unable to Pin Her Down; With Democrats' Help, Sotomayor Has Blunted GOP Senators' Best Efforts," and an op-ed by columnist David S. Broder entitled "Battle Lines -- for Another Day."

In today's edition of The Los Angeles Times, David G. Savage and James Oliphant report that "Sotomayor is grilled on abortion and gun rights; GOP senators press the Supreme Court nominee for her views on controversial subjects; But Sotomayor avoids engaging with her questioners and sticks to her judicial record." The newspaper also contains an article headlined "Sotomayor's stance on business is moderate; The Supreme Court nominee is far from an ideologue on business matters, many legal experts say."

In Friday's edition of The Wall Street Journal, Naftali Bendavid and Jess Bravin will have an article headlined "Sotomayor Nears Confirmation After Testimony; Firefighter in Controversial Case Speaks, but No Bombshells Emerge on Final Day; Full Senate Vote Likely in Early August." Today's newspaper, meanwhile, contains an article headlined "Nominee's Testimony Avoids Advocating Liberal Stands" and an editorial entitled "Defining Activism Down: A liberal vote cast in conservative judicial rhetoric."

In USA Today, Joan Biskupic and Kathy Kiely have an article headlined "'Perry Mason' helped 'mold' Sotomayor; No promises on abortion, nominee says." In addition, law professor Jonathan Turley has an op-ed entitled "Retire the 'Ginsburg rule': Supreme Court nominee hearings are most noteworthy for what they don't reveal."

David Lightman of| McClatchy Newspapers reports that "Firefighter Ricci, GOP can't halt Sotomayor confirmation drive."

And Warren Richey of The Christian Science Monitor has an article headlined "Firefighters on Sotomayor: We did not ask for empathy; Sotomayor had ruled against them in a controversial reverse-discrimination case; In Senate testimony Thursday, they vented their displeasure."
Posted at 10:54 PM by Howard Bashman



"Student must repay $350,000, court says; A Grand Marais lawyer tried to discharge his loan debt through bankruptcy, but an appeals court says no way": This article appeared yesterday in The Minneapolis Star Tribune.

You can access last week's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 10:30 PM by Howard Bashman



"Why We Endorsed Warrantless Wiretaps: The inspectors general report ignores history and plays politics with the law." Law professor John Yoo has this op-ed today in The Wall Street Journal.
Posted at 08:42 PM by Howard Bashman


Available online at Slate: Dahlia Lithwick has jurisprudence essays entitled "What We Didn't Learn: We know less about Sonia Sotomayor now than we did a week ago" and "What a Waste: The Sotomayor hearings were a mass of missed opportunities for Republicans and Democrats alike."

And Brian Palmer has an explainer essay entitled "Do Judges Really Have To Follow Precedent? Not unless they mind being reversed."
Posted at 08:27 PM by Howard Bashman



"GOP envisions August Senate vote on Sotomayor": The Associated Press has this report, along with an article headlined "Firefighter denounces Sotomayor ruling."
Posted at 03:37 PM by Howard Bashman


"Americans United Commends Appellate Court Decision Against Bible Distribution In Mo. Public School": The organization Americans United for Separation of Church and State has issued this news release about a ruling that the U.S. Court of Appeals for the Eighth Circuit issued today.
Posted at 02:11 PM by Howard Bashman


"Sotomayor testimony completed": The Associated Press has this report, along with articles headlined "Democrats to set first Sotomayor vote next week"; "Firefighter next witness in Sotomayor hearing saga": and "Sotomayor can get by on justice's pay."
Posted at 01:50 PM by Howard Bashman


"Sotomayor draws praise from GOP critic": Mark Sherman of The Associated Press has this report.

And Jesse J. Holland of The Associated Press has an article headlined "How Sotomayor's comments compare to Roberts, Alito."
Posted at 11:00 AM by Howard Bashman



"Sotomayor learned the ropes on 'Tarzan' case": CNN.com has an article that begins, "Supreme Court nominee Sonia Sotomayor graduated with honors from Ivy League schools. But she may have learned some of her most memorable lessons as a young prosecutor, following police into abandoned tenements and tracking down witnesses on the grimy streets of New York."

Day four of the confirmation hearing is now underway, and you can view the hearing live, online via C-SPAN by clicking here.
Posted at 10:24 AM by Howard Bashman



Wednesday, July 15, 2009

"Britain prepares to open first Supreme Court": The Associated Press has this report.
Posted at 11:27 PM by Howard Bashman


Programming note: My son and I will be attending the AA 2009 Eastern League All-Star Game at the home of the Trenton Thunder this evening, and pre-game festivities are scheduled to begin mid-afternoon.

You can access a preview of the event at this link; team rosters are available here and here; and the official game notes can be accessed here. Additional blog posts will appear later tonight.

Update: The final score was South All-Stars 5, North All-Stars 3. You can access the box score at this link; a game recap at this link; and article about the game here, here, and here.
Posted at 12:30 PM by Howard Bashman



"Sotomayor says Obama didn't ask about abortion": The Associated Press has this report, along with a report headlined "Sotomayor stands by admission words 'fell flat.'"
Posted at 10:48 AM by Howard Bashman


"As part of a series of interviews recorded at the 2009 Aspen Ideas Festival, The Atlantic's Bob Cohn sits down with Justice Stephen Breyer to discuss David Souter, the polarization of the Court, and his advice to nominee Sonia Sotomayor." You can view the interview online by clicking here.

Update: Just a short time ago, that web site also posted online the video of an interview in which "Sandra Day O'Connor talks to Bob Cohn about her 25 years on the Supreme Court and her 'absolutely miserable' confirmation hearings."
Posted at 10:42 AM by Howard Bashman



Watch day three of the Sotomayor confirmation hearing live, online: Via C-SPAN, you can watch the hearing by clicking here. The hearing is scheduled to resume this morning at 9:30 a.m. eastern time.
Posted at 09:23 AM by Howard Bashman


"Old Mission, New Life: Randall Terry Wants to Lead Rebirth of Antiabortion Fight." The Washington Post contains this article today.
Posted at 09:20 AM by Howard Bashman


"Lab Analyst Decision Complicates Prosecutions; High Court Requires Scientists to Testify": This front page article appears today in The Washington Post, along with an editorial entitled "Avoiding Paralysis in Court: Virginia and other states should move swiftly to surmount a new hurdle to prosecutions."
Posted at 09:07 AM by Howard Bashman


"Hearings Are Window Into Judge's Acumen": Adam Liptak has this news analysis today in The New York Times. The newspaper also contains an article headlined "Nominee Says Identity Wouldn't Distort Decisions" and an op-ed by columnist Maureen Dowd entitled "White Man's Last Stand."

Today in The Los Angeles Times, David G. Savage and James Oliphant report that "Sotomayor answers her Senate critics in hearing; The Supreme Court nominee explains the legal bases for her past rulings, reassuring supporters if not winning over conservatives." In addition, law professor Peter H. Schuck has an op-ed entitled "Court sense: Analyzing justices on ideological grounds is far too simplistic."

In The Wall Street Journal, Jess Bravin has an article headlined "Sotomayor Grilled by Panel; High Court Nominee Distances Herself From Obama's 'Empathy' Comments." Naftali Bendavid has an article headlined "Supreme Strategy: Stick to the Script." The newspaper also contains an editorial entitled "Defining Activism Down: A liberal vote cast in conservative judicial rhetoric."

Joan Biskupic and Kathy Kiely of USA Today have articles headlined "Sotomayor pressed on ethnicity and gender; Says judgments not based on 'personal experiences'" and "Sotomayor skillfully fields Senate panel's volleys; Republican says nominee 'very charming.'" The newspaper also contains an editorial entitled "Beyond Sotomayor's 'Latina' gaffe, consider her record."

The Washington Times reports that "Sotomayor disavows 'wise Latina' remark; Republican inquisitors skeptical about her racial impartiality." And Armstrong Williams has an op-ed entitled "Sotomayor's nomination doesn't reflect her past."

In The Washington Post, columnist Ruth Marcus has an op-ed entitled "A Price for Sotomayor: In the Senate, the Deference Wars Never End."

David Lightman and Michael Doyle of McClatchy Newspapers report that "Sotomayor explains her 'wise Latina' comment."

Warren Richey of The Christian Science Monitor has articles headlined "Sotomayor won't budge on 'reverse discrimination' ruling; The Supreme Court nominee said Tuesday that she had to follow legal precedent; Critics in the Senate sharply disagreed" and "Sotomayor: 'wise Latina' a bad choice of words; But during Tuesday's hearing, the Supreme Court nominee demonstrated a comprehensive understanding of the law and jurisprudence."

And law.com's Tony Mauro reports that "During Senate Questioning, Sotomayor Explains Controversial Statements, Defends Rulings."
Posted at 09:05 AM by Howard Bashman



"Sotomayor set to return for more senate questions": Mark Sherman of The Associated Press has this report.

The AP also has articles headlined "Fact check: Sotomayor tied abortion ban, slavery?";

"Sotomayor is mum on PR statehood vs. independence";

"Hearings captivate nominee's former NYC neighbors";

"Sotomayor questioned about terror suspects";

"Firefighters' reaction to Sotomayor mixed"; and

"Sotomayor says foreign law can't be used."
Posted at 08:45 AM by Howard Bashman



"Sotomayor cool under Republican grilling": Andrew Quinn and James Vicini of Reuters have this report.
Posted at 08:40 AM by Howard Bashman


"Sotomayor Vows to Value Legal Stability as Trailblazing Justice": Greg Stohr of Bloomberg News has this report.

And Bloomberg News columnist Ann Woolner has an essay entitled "Sotomayor Hearing Exposes a Lie We Should Believe."
Posted at 08:37 AM by Howard Bashman



"Cricket, Ivy League classmates startled student Sonia Sotomayor": CNN.com has this report today.

The two earlier articles in this series were headlined "Sotomayor was schoolgirl with focus, determination, friends say" and "Family hails Sonia Sotomayor's Puerto Rican roots."
Posted at 08:25 AM by Howard Bashman



Tuesday, July 14, 2009

"Sotomayor Leaves Passion Behind in Her Testimony": This article will appear Wednesday in The New York Times.
Posted at 11:15 PM by Howard Bashman


"Grasping at Nunchucks in the Hearing Room": Dana Milbank will have this installment of his "Washington Sketch" column Wednesday in The Washington Post.
Posted at 11:10 PM by Howard Bashman


"Honesty at Last! At Sotomayor's hearing, the abortion protestors are the only ones telling the truth." Dahlia Lithwick has this jurisprudence essay online at Slate.

Slate is also hosting a dialogue about the Sotomayor confirmation hearing that features Emily Bazelon, John Dickerson, and Dahlia Lithwick.
Posted at 10:52 PM by Howard Bashman



"Sotomayor backs off 'wise Latina' comments; The Supreme Court nominee walks a fine line, acknowledging that her gender and ethnicity influence her personally but maintaining that her record shows they don't influence her court decisions": David G. Savage will have this article Wednesday in The Los Angeles Times.
Posted at 08:55 PM by Howard Bashman


"Holder Faces Avalanche Of Work, and Scrutiny; Attorney General Blasted From Left, Right": This article appears today in The Washington Post.

And this week's issue of Newsweek contains an article headlined "Independent's Day: Obama doesn't want to look back, but Attorney General Eric Holder may probe Bush-era torture anyway."
Posted at 08:30 PM by Howard Bashman



"Sotomayor Faces Questions on Day Two of Hearings": Robert Barnes, Paul Kane, and Amy Goldstein of The Washington Post have this news update.

The Post also has a news update headlined "On Second Day of Hearings, Sotomayor Displays Personality, Mannerisms."
Posted at 08:25 PM by Howard Bashman



"Respecting Settled Law, Unless It's Not Settled": Charlie Savage will have this article Wednesday in The New York Times.
Posted at 08:17 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Gibbs: Sotomayor doing well as 'the drill' unfolds";

"Sotomayor hearings: not exactly must-see TV";

"Sotomayor on Sotomayor: Revises, extends her words"; and

"Sotomayor cautious on stating property rights view."
Posted at 04:32 PM by Howard Bashman



"Lawsuit seeks to block 'In God We Trust' engraving": The Associated Press has a report that begins, "The nation's largest group of atheists and agnostics filed a lawsuit Tuesday seeking to block an architect from engraving 'In God We Trust' and the Pledge of Allegiance at the Capitol Visitor Center in Washington."

And the Freedom From Religion Foundation has today issued a news release headlined "FFRF Sues to Stop Religious Engravings at Capitol Visitor Center." You can access the complaint initiating suit by clicking here.
Posted at 04:30 PM by Howard Bashman



"New arguments ordered in 9/11 conspirator's case": The Associated Press has a report that begins, "A federal appeals court in Richmond has ordered new arguments in the case of Sept. 11 conspirator Zacharias Moussaoui."

The article goes on to say that the retirement of former Fourth Circuit Chief Judge Karen J. Williams last week necessitated the reargument.

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

The reargument order suggests that the remaining two judges on the panel may be divided over how to resolve one or more of the issues presented in the appeal. The two other judges on the panel are Circuit Judge William B. Traxler, Jr. -- who became the Fourth Circuit's Chief Judge when Chief Judge Williams retired -- and Circuit Judge Roger L. Gregory. If the remaining two judges on the panel were not divided, they could issue an opinion without reargument or having another judge assigned to the panel, as evidenced by this two-judge panel ruling that the Fourth Circuit issued yesterday in another case in which former Chief Judge Williams had originally been on the panel.

You can access the redacted transcript of the original appellate oral argument, which occurred in January 2009, at this link.
Posted at 04:18 PM by Howard Bashman



"Appeals Court Upholds Parental-Notice Abortion Law": Bloomberg News has a report that begins, "An Illinois law requiring doctors to give a parent or adult family member at least 48 hours' advance notice of when a girl under age 18 will abort a pregnancy is constitutional, a U.S. Appeals Court ruled."

And The Associated Press reports that "Court revives Ill. abortion notification law."

You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 02:20 PM by Howard Bashman



"Wisconsin Supreme Court nixes 'defective design' claim in lead paint lawsuit": The Milwaukee Journal Sentinel has this news update.

And The Associated Press reports that "Wis. high court gives victory to lead paint makers."

You can access today's ruling of the Supreme Court of Wisconsin at this link.
Posted at 02:15 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "Sotomayor clarifies 'wise Latina' comment";

"Sotomayor calls abortion rights 'settled law'";

"Sotomayor: Bush-Gore case brought needed change";

"Sotomayor passes on chance to rate justices";

"Sotomayor vows to keep open mind in gun cases";

"Sotomayor: Ruling in firefighter case was narrow"; and

"Sotomayor: 'Open mind' key to effective judging."
Posted at 11:30 AM by Howard Bashman



"Report Card From the U.S. High Court: How the 3rd Circuit Fared in the 2008-2009 Term." Today's edition of The Legal Intelligencer -- Philadelphia's daily newspaper for lawyers -- contains this month's installment of my "Upon Further Review" column.
Posted at 10:20 AM by Howard Bashman


"Governor signs bills on guns, abortion; Measure on fireworks among 9 that are vetoed": Today's edition of The Arizona Republic contains an article that begins, "Gov. Jan Brewer on Monday signed into law tight new restrictions on access to abortion in Arizona, imposing a 24-hour waiting period on women seeking the procedure and requiring that minors first receive written, notarized consent from a parent or guardian."
Posted at 10:17 AM by Howard Bashman


"Is a Lawn Mower a Motor Vehicle? Man's Felony Theft Sentence Could Ride on the Answer." The Associated Press has a report that begins, "It has four wheels, a powerful engine and can hit speeds up to 40 mph. But is a riding lawn mower technically a motor vehicle? That odd question confronted the Georgia Supreme Court Monday after a man appealed a 10-year sentence for swiping a riding mower from a Home Depot store."
Posted at 10:15 AM by Howard Bashman


"UC law professor to appeal prisoner suit ruling": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Former Bush administration lawyer John Yoo will appeal a federal judge's ruling that allowed a prisoner to sue him for devising the legal theories that led to his alleged torture, Yoo's attorneys said Monday."
Posted at 09:58 AM by Howard Bashman


"She's Come Redone: Senators at today's hearing were determined to cast Sotomayor as over-the-top; Why didn't she fight back harder?" Dahlia Lithwick has this jurisprudence essay online at Slate.

Day two of the confirmation hearing is now underway, with the nominee answering questions from the U.S. Senators serving on the Judiciary Committee, and via C-SPAN you can view the hearing live, online by clicking here.

Previewing today's session, Mark Sherman of The Associated Press reports that "Sotomayor to face senators' questions Tuesday."
Posted at 09:54 AM by Howard Bashman



Monday, July 13, 2009

"Sotomayor Vows 'Fidelity to the Law' as Hearings Start": Neil A. Lewis will have this article Tuesday in The New York Times.

Amy Goldstein, Robert Barnes, and Paul Kane of The Washington Post have a news update headlined "Sotomayor Addresses Senators as Her Confirmation Hearing Begins." The Post also has news updates headlined "'Jane Roe' Arrested at Supreme Court Hearing" and "Quiet and Calm Outside Sotomayor Hearings."

James Oliphant of The Los Angeles Times has a news update headlined "Sotomayor hearings begin with support, skepticism; Democrats on the Senate Judiciary Committee tout her Bronx upbringing and historic nomination, while some Republicans warn she could be an 'activist judge' with an agenda."

Kathy Kiely and Joan Biskupic of USA Today have a news update headlined "'Judge's task is to apply the law,' Sotomayor tells panel."

Warren Richey of The Christian Science Monitor has articles headlined "Sotomayor opens by stressing fidelity to the law; She presented a compelling story of family struggle and had a few words of explanation to her harshest critics" and "Sotomayor hearings begin with debate over judges' role; Senators drew the battle lines early in confirmation hearings for the Supreme Court nominee."

David Lightman and Marisa Taylor of McClatchy Newspapers report that "Sotomayor pledges to apply -- not make -- the law."

The Associated Press has reports headlined "Sotomayor an intent listener who soaks it all in"; "GOP does political straddle on Sotomayor"; "Liberals, conservatives battle over Ricci"; "Abortion case plaintiff arrested at Senate hearing"; and "Puerto Ricans tune in hearings, cheer on Sotomayor."

And CNN.com reports that "Sotomayor pledges 'fidelity to the law.'"
Posted at 08:30 PM by Howard Bashman



"Obama Faces Hurdles in Closing Guantanamo": This article will appear Tuesday in The New York Times.
Posted at 08:07 PM by Howard Bashman


"Sotomayor pledges impartial justice if confirmed": The Associated Press has this report, along with a report headlined "Sotomayor says the law, not beliefs, drove rulings."

You can access the text of the nominee's opening statement, as prepared for delivery, by clicking here.

The hearing is now in recess until tomorrow.
Posted at 03:18 PM by Howard Bashman



"Graham: Sotomayor's in unless she has meltdown." The Associated Press has this report, along with a report headlined "Abortion protester whisked out of hearing."
Posted at 11:42 AM by Howard Bashman


"The Seinfeld Hearings: How Senators could, but probably won't, make the Sotomayor confirmation a show about something." Law professor Randy E. Barnett has this op-ed today in The Wall Street Journal.
Posted at 10:37 AM by Howard Bashman


"Historic Sotomayor confirmation hearings under way": The Associated Press has this report, along with reports headlined "Sotomayor hearing starts with Leahy praise" and "Sessions gives Sotomayor tough greeting at hearing."
Posted at 10:22 AM by Howard Bashman


"Confirmation Hearings Begin for Judge Sonia Sotomayor": Via C-SPAN, you can view the confirmation hearing live, online by clicking here.
Posted at 09:55 AM by Howard Bashman


"USA Today's Supreme Court Reporter Joan Biskupic previewed confirmation hearings for Sonia Sotomayor." Biskupic appeared on today's broadcast of C-SPAN's "Washington Journal." You can watch her segment by clicking here.

And this past Saturday's broadcast of C-SPAN's "America & the Courts" program was titled "Analysis of Nominee Sonia Sotomayor."
Posted at 09:38 AM by Howard Bashman



"With Sotomayor, a new era in judicial politics; Hearings likely to focus on race, religion, abortion": Joan Biskupic has this front page article today in USA Today. In addition, Stephen Prothero has an op-ed entitled "A yawn greets Catholic court: If Sotomayor is confirmed, six of the nine members of the Supreme Court will be Catholic; As such, religious diversity in America these days might mean finding a Protestant nominee."

Today in The Washington Post, Michael D. Shear has a front page article headlined "Hearings Not Just About Sotomayor; Judicial Confirmation Process Could Be a Partisan Platform and a Barometer." In addition, columnist E.J. Dionne Jr. has an op-ed entitled "The Real Court Radicals."

The Boston Globe reports that "GOP strategy looks beyond Sotomayor; Nominee faces questions on race."

Hearst Newspapers report that "Sotomayor nomination fight should be dramatic."

Greg Stohr of Bloomberg News reports that "Sotomayor to Make Case for Court Amid Partisan Split."

Reuters reports that "Sotomayor faces Senate hearing."

The Associated Press has reports headlined "Sessions and Schumer differ on Sotomayor style" and "Schumer says Sotomayor is mainstream judge."

CNN.com reports that "Family hails Sonia Sotomayor's Puerto Rican roots." In addition, Angelo Falcon has an essay entitled "Sotomayor as American as mango pie."

Politico.com has reports headlined "What to watch in Sonia Sotomayor's confirmation hearings"; "Sonia Sotomayor battle may jolt Republicans"; and "Ex-Inspector General Gerald Walpin is still endorsing Sonia Sotomayor."

Today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Hearings To Begin On Sotomayor Nomination" (RealPlayer required) featuring Nina Totenberg.

And on the op-ed page of The New York Times, seven "legal experts" offer "Questions for Judge Sotomayor."
Posted at 09:14 AM by Howard Bashman



Sunday, July 12, 2009

"Wal-Mart not responsible for factory conditions": Yesterday in The San Francisco Chronicle, Bob Egelko had this article.

You can access Friday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 11:30 PM by Howard Bashman



"Federal appeals court orders judge off gun case": This article appeared Saturday in The Milwaukee Journal Sentinel.

You can access Friday's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 11:24 PM by Howard Bashman



On this evening's broadcast of NPR's "All Things Considered": The program contained audio segments entitled "Sotomayor Hearings Set To Begin" (featuring Dahlia Lithwick) and "A History Of Supreme Court Confirmation Hearings."

RealPlayer is required to launch these audio segments.
Posted at 10:55 PM by Howard Bashman



"Sotomayor's Judicial Impartiality a Likely Focus for Hearings": This article will appear Monday in The New York Times.

Monday's edition of The Washington Times will contain an article headlined "Sotomayor faces easy route to confirmation; GOP unlikely to try filibuster."

From McClatchy Newspapers, Michael Doyle and Marisa Taylor have an article headlined "Sotomayor, tough-minded yet true to her roots, defies simple labeling." And David Lightman has an article headlined "Few fireworks expected at Sotomayor hearing."

The Associated Press has articles headlined "Sotomayor faces friendly jury as hearings begin"; "Obama phones Sotomayor on eve of hearings"; "Sessions: Sotomayor must show she can be neutral"; "Cornyn: Sotomayor must explain 'Latina' remark"; and "Sotomayor gets nod from police chiefs."

In Monday's edition of Newsday, columnist Joye Brown will have an essay entitled "Sotomayor touts passion for law in '06 Hofstra speech."

And in last Friday's edition of The Wall Street Journal, Floyd Abrams had an op-ed entitled "The Judge Sotomayor I've Faced: Her questioning is tough and fair, demanding and acute."
Posted at 10:45 PM by Howard Bashman



Saturday, July 11, 2009

"Probe of Alleged Torture Weighed; White House Has Resisted Inquiry": Sunday in The Washington Post, Carrie Johnson will have an article that begins, "Attorney General Eric H. Holder Jr. is leaning toward appointing a criminal prosecutor to investigate whether CIA personnel tortured terrorism suspects after Sept. 11, 2001, setting the stage for a conflict with administration officials who would prefer the issues remain in the past, according to three sources familiar with his thinking."
Posted at 11:20 PM by Howard Bashman


"A Steady Rise, Punctuated by Doubts; In Sotomayor, an Insider's Achievements Meet an Outsider's Insecurities": This article will appear Sunday in The Washington Post.

Sunday in The Los Angeles Times, David G. Savage and James Oliphant will have an article headlined "Judging the judge: Senate committee to question Sotomayor this week; The would-be Supreme Court justice will get a chance to address concerns some have about potential liberal bias or judicial activism."

And Sunday in The New York Times, Neil A. Lewis will have an article headlined "Nominee Wraps Up Rehearsals."
Posted at 11:18 PM by Howard Bashman



"A Supreme Triumph, Then Into the Shadows": Sunday's edition of The New York Times will contain this article about Lloyd Gaines, the plaintiff in the lawsuit captioned Missouri ex rel. Gaines v. Canada.
Posted at 11:14 PM by Howard Bashman


"U.S. Wiretaps Were of Limited Value, Officials Report": This article appears today in The New York Times.

Today's edition of The Washington Post contains an article headlined "'Inappropriate' Secrecy Hurt Surveillance Effort, Report Says."

The Los Angeles Times contains an article headlined "Report: Bush-era surveillance went beyond wiretaps; A government report raises new questions about how the Bush White House kept key Justice officials in the dark about the post-Sept. 11 program."

And The Associated Press has an article headlined "Report: Too few officials knew of surveillance."
Posted at 09:15 PM by Howard Bashman



"Sonia Sotomayor's historic trial by Senate fire about to begin; She'll face tough questioning, but even Republicans expect her to be confirmed": The Christian Science Monitor has this report.

And The Associated Press has an article headlined "Cast of characters on committee quizzing Sotomayor."
Posted at 09:04 PM by Howard Bashman



Major League Baseball umpire Tim Tschida on Roe v. Wade: In the Week in Review section of Sunday's edition of The New York Times, Bruce Weber will have an essay entitled "Umpires v. Judges."
Posted at 08:57 PM by Howard Bashman


"W.H. remains mum on Sotomayor diabetes": Josh Gerstein has this article at Politico.com.
Posted at 04:00 PM by Howard Bashman


"Obscenity law: still 'a hodge-podge'?" Christopher Shea has this post at his "Brainiac" blog hosted by The Boston Globe.
Posted at 03:00 PM by Howard Bashman


"Bird-flipping passenger off hook for shooting": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A car passenger who gestures angrily at a passing vehicle can't be held responsible if someone responds with gunfire, a state appeals court has ruled in dismissing a lawsuit that blamed a passenger for provoking a shooting."

You can access Thursday's ruling of California's Court of Appeal for the First Appellate District at this link.
Posted at 02:55 PM by Howard Bashman



"Path to Court: Speak Capably but Say Little." Adam Liptak will have this article Sunday in The New York Times.
Posted at 02:20 PM by Howard Bashman


Available online at Slate: Dahlia Lithwick has jurisprudence essays entitled "Confirmation in 60 Seconds: Everything you need to know about Sonia Sotomayor's upcoming hearings" and "Fire Proof: The New Haven firefighter is no stranger to employment disputes."
Posted at 12:27 PM by Howard Bashman


"Trial by Firefighters": Law professors Lani Guinier and Susan Sturm have this op-ed today in The New York Times.
Posted at 12:15 PM by Howard Bashman


"Sotomayor Girds for Hill Showdown; As Nominee and Advisers Strategize, Sen. Sessions Pledges No Personal Attacks": Robert Barnes, Michael D. Shear and Perry Bacon Jr. have this front page article today in The Washington Post.

Michael Doyle and David Lightman of McClatchy Newspapers report that "Sotomayor backers urge reporters to probe New Haven firefighter."

The Associated Press has reports headlined "Nominee puts on best face, but who is she?"; "Hispanic rights group at center of Sotomayor fight"; and "Women's groups quiet on Sotomayor."

Marcia Coyle of The National Law Journal has an article headlined "Sotomayor Hearing Revives Old Battle About Questioning of High Court Nominees; Why do senators allow nominees to dodge questions on hot-button issues? The song (and dance) remains the same."

And from National Public Radio, yesterday evening's broadcast of "All Things Considered" contained an audio segment entitled "Sotomayor's Past, Personality To Be Scrutinized" featuring Nina Totenberg. In addition, today's broadcast of "Weekend Edition Saturday" contained an audio segment entitled "Sotomayor's Bronx Roots For Their Hero." RealPlayer is required to launch these audio segments.
Posted at 12:10 PM by Howard Bashman



"It's the end of the road for many GM and Chrysler lawsuits; Plaintiffs with unresolved injury claims stand little chance of collecting now that General Motors and Chrysler have emerged from bankruptcy proceedings": Maura Dolan and Carol J. Williams have this article today in The Los Angeles Times.
Posted at 11:47 AM by Howard Bashman


"Immigration Judges Found Under Strain": This article appears today in The New York Times.
Posted at 11:35 AM by Howard Bashman


"U.S. Marshals Discuss New Courthouse Security Efforts at National Conference": law.com has this report.
Posted at 11:25 AM by Howard Bashman


Friday, July 10, 2009

Programming note: On the morning of Monday, July 13, 2009, many eyes will be on a group of U.S. Senators and a nominee to the U.S. Supreme Court.

Tonight, by contrast, I and my son will be watching as the Harrisburg Senators host the Reading Phillies in a AA Eastern League minor league baseball contest.

There may be fireworks at some point during the confirmation hearing that starts on Monday, but there will definitely be fireworks tonight, along with a baseball cap giveaway and a salute to Star Wars. Yohan Flande -- honored recently by being selected to play in the Futures Game -- is scheduled to pitch for the R-Phils. And Dmitri Young, on rehab assignment from the Washington Nationals, is scheduled to play for the Senators.

Additional posts will appear here sometime after the conclusion of tonight's game.

Update: Final score -- Reading Phillies 10, Harrisburg Senators 2. You can access online the box score; a recap of the game; and news coverage (here, here, here, and here).
Posted at 02:25 PM by Howard Bashman



"Court: D.C. Police Checkpoints Unconstitutional." At "The BLT: The Blog of Legal Times," Mike Scarcella has this post about a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 12:55 PM by Howard Bashman


"Appeals court expands lawmakers legal protection": The Associated Press has a report that begins, "An appeals court has ruled, in a case arising from the Abramoff scandal, that statements federal lawmakers make during congressional ethics investigations cannot be used against them in criminal probes."

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "D.C. Circuit Judge Calls for En Banc Court to Review Speech-or-Debate Protection."

The U.S. Court of Appeals for the D.C. Circuit yesterday issued an order unsealing a decision that the court issued under seal on June 23, 2009.
Posted at 12:50 PM by Howard Bashman



"Honduras' non-coup: Under the country's Constitution, the ouster of President Manuel Zelaya was legal." Miguel A. Estrada has this op-ed today in The Los Angeles Times.
Posted at 11:19 AM by Howard Bashman


"Mock exercises prepare Sotomayor for hearings": Jesse J. Holland of The Associated Press has this report.
Posted at 10:00 AM by Howard Bashman


"Poll: Nearly half support Sotomayor's confirmation." CNN.com has this report.

And ABCNews.com has an article headlined "Will Sotomayor's Storied Heritage Help Her to the Bench? Sotomayor's Brother on Supreme Court Nominee: 'She Represents the Future.'"
Posted at 07:48 AM by Howard Bashman



Thursday, July 9, 2009

"To Get to Sotomayor's Core, Start in New York": This article will appear Friday in The New York Times, along with articles headlined "Court Nominee Manages Diabetes With Discipline" and "Witness List for Sotomayor Has a Couple of Surprises."

Friday's edition of USA Today will contain an article headlined "Hispanics have eye on GOP senators' Sotomayor vote."

The Wall Street Journal has a news update headlined "Some Clinton-Era Sotomayor Materials Withheld From Public."

Politico.com has a report headlined "New Republican Sonia Sotomayor attack: campaign cash."

And at "The Caucus" blog of The New York Times, Charlie Savage has posts titled "Hundreds of Pages Withheld on Sotomayor" and "Sotomayor Meted Out Stiff Prison Terms, Report Indicates."
Posted at 10:45 PM by Howard Bashman



"Supermax prison: Obama's books objectionable." The Associated Press has a report that begins, "The federal government's most secure prison has determined that two books written by President Barack Obama contain material 'potentially detrimental to national security' and rejected an inmate's request to read them."
Posted at 09:28 PM by Howard Bashman


"Wiretap foes turn Obama's words against feds": Bob Egelko of The San Francisco Chronicle has a news update that begins, "An Islamic charity challenging former President George W. Bush's wiretapping program in a San Francisco federal court cited candidate Barack Obama's words Thursday in arguing that a president has no power to unilaterally order eavesdropping on Americans."

And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Judge Urged to Declare Bush Spy Program Illegal."
Posted at 09:25 PM by Howard Bashman



"Early-onset Alzheimers forces Judge Karen Williams' retirement": The State of Columbia, South Carolina has this news update.

And The Times and Democrat of Orangeburg, South Carolina has a news update headlined "Judge confirms Alzheimer's diagnosis."
Posted at 07:45 PM by Howard Bashman



"Chief Judge of 4th Circuit, Williams, Resigns; Traxler Takes Her Place": Jennifer Forsyth has this post at WSJ.com's "Law Blog." The post begins, "Karen J. Williams, chief judge of the U.S. Court of Appeals for the 4th Circuit, has announced her resignation after being diagnosed to be in the early stages of Alzheimer's, according to a letter she sent to colleagues yesterday."
Posted at 03:37 PM by Howard Bashman


"State can't cut Medi-Cal fees, court rules": Bob Egelko of The San Francisco Chronicle has a news update that begins, "California acted illegally by trying to cut Medi-Cal fees by 10 percent last year for doctors, pharmacists and others who treat 6.6 million poor people, a federal appeals court ruled today."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 03:33 PM by Howard Bashman



"Traxler named chief judge": The Greenville (S.C.) News has this update.

Jerry Markon of The Washington Post has a news update headlined "Federal Appeals Court Judge Karen Williams Resigning."

The State of Columbia, South Carolina has a news update headlined "Illness forces young Chief Judge Williams off 4th Circuit."

And Virginia Lawyers Weekly has a news update headlined "Chief Judge Williams retires from 4th Circuit."
Posted at 02:24 PM by Howard Bashman



Seventh Circuit reinstates lawsuit asserting Commerce Clause challenge against Wisconsin's "diploma privilege," which allows graduates of Wisconsin law schools to be admitted to practice law in Wisconsin without taking the Wisconsin bar exam: Seventh Circuit Judge Richard A. Posner wrote today's opinion on behalf of a unanimous three-judge panel.

The Wisconsin Law Journal has a news update headlined "Diploma privilege back to trial court."

And The Associated Press reports that "Lawsuit challenging Wis. law schools reinstated."

Back in April 2009, I had this post about the oral argument of this appeal.
Posted at 02:00 PM by Howard Bashman



"GOP to showcase firefighter Sotomayor ruled against": The Associated Press has this report.
Posted at 01:41 PM by Howard Bashman


"4th Circuit Chief Judge Karen Williams Announces Retirement": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."

The Fourth Circuit's web site now confirms that William B. Traxler, Jr. has become that court's new chief judge.

My earlier coverage appears at this link.
Posted at 10:50 AM by Howard Bashman



"Ruling requires providing Plan B contraceptive": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal appeals court ordered reinstatement Wednesday of rules requiring pharmacists in Washington state to provide the Plan B 'morning-after pill' contraceptive despite individual pharmacists' religious objections."

This blog's earlier coverage of yesterday's Ninth Circuit ruling appears here and here.
Posted at 09:40 AM by Howard Bashman



"Sotomayor: Tough Kid Turns Unintimidated Judge." This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:35 AM by Howard Bashman


"Analysis: Sotomayor record thin on executive power." Mark Sherman of The Associated Press has this report.

And ABCNews.com has an article headlined "Nancy Drew: The Smart Woman's Role Model; Sonia Sotomayor the Most Recent to Cite Influence of Detective Series."
Posted at 09:05 AM by Howard Bashman



"Orangeburg judge retires from bench due to illness": The Times and Democrat of Orangeburg, South Carolina has a news update that begins, "U.S. 4th Circuit Court of Appeals Chief Judge Karen J. Williams of Orangeburg retired from her post Wednesday, citing illness in her decision to step down."

You can access the Federal Judicial Center's biography of Chief Judge Karen J. Williams of the U.S. Court of Appeals for the Fourth Circuit at this link.

The Fourth Circuit is authorized to have fifteen active judges. When Chief Judge Williams's retirement takes effect, the Fourth Circuit will have only ten active judges.

It appears that Judge William B. Traxler, Jr. would be the Fourth Circuit's next chief judge in accordance with the statutory criteria set forth in 28 U.S.C. sec. 45.
Posted at 06:44 AM by Howard Bashman



Wednesday, July 8, 2009

"Uncommon Detail Marks Rulings by Sotomayor; She Almost Oversteps Her Role, Experts Say": Jerry Markon will have this article Thursday in The Washington Post.

In Thursday's edition of The Wall Street Journal, Naftali Bendavid and Jess Bravin will have an article headlined "GOP Lowers Its Goals For Sotomayor Hearing."

And at "The Caucus" blog of The New York Times, Charlie Savage has a post titled "From Sotomayor Rulings, a Wealth of Data."
Posted at 11:12 PM by Howard Bashman



"Pharmacists can't refuse Plan B pill, appeals court says; A pharmacy owner and workers had sued Washington state to block a requirement that they stock and sell the 'morning after' contraceptive": Carol J. Williams will have this article Thursday in The Los Angeles Times.

My earlier coverage of today's Ninth Circuit ruling appears at this link.
Posted at 11:05 PM by Howard Bashman



"$567 Million Attorney Fee Award in Fen-Phen Litigation Challenged": Shannon P. Duffy will have this article Thursday in The Legal Intelligencer.
Posted at 10:58 PM by Howard Bashman


"In Senate, Debate on Detainee Legal Rights": This article appears today in The New York Times.

And The Washington Post reports today that "Indefinite Detentions Are Backed."
Posted at 10:55 PM by Howard Bashman



"A court ritual worth watching: Sure, Sotomayor's confirmation hearing will have its share of senatorial grandstanding and the requisite bloviating; But don't let this keep you away." Tony Mauro has this op-ed today in USA Today.

And online at The Christian Science Monitor, law professor Paul Litton has an op-ed entitled "Sotomayor would have to make value judgments: 'Follow the law!' does not answer questions on gay marriage, abortion, and life imprisonment for juveniles."
Posted at 09:45 PM by Howard Bashman



Available online from National Public Radio: Yesterday's broadcast of "All Things Considered" contained an audio segment entitled "Sotomayor Seen As Moderate On Criminal Justice" featuring law professors Doug Berman and Jonathan Adler.

Monday's broadcast of "Talk of the Nation" contained an audio segment entitled "What Have We Learned About Sotomayor?" featuring David G. Savage of The Los Angeles Times.

And today's broadcast of "Morning Edition" contained an audio segment entitled "Former FBI Director Freeh To Endorse Sotomayor" featuring Nina Totenberg.

RealPlayer is required to launch these audio segments.
Posted at 09:34 PM by Howard Bashman



First Circuit rejects constitutional challenge to Massachusetts law creating a protest-free buffer zone around the entrances, exits, and driveways of abortion clinics throughout that State: You can access today's ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 08:50 PM by Howard Bashman


"The Place of Women on the Court": Emily Bazelon will have this article in Sunday's issue of The New York Times Magazine.
Posted at 05:28 PM by Howard Bashman


"Judges strike broad ban on Washington's Plan B rules": The Associated Press has a report that begins, "Federal appeals judges say a lower court was wrong when it blocked Washington state's rules mandating the sale of 'morning-after' birth control pills."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 05:24 PM by Howard Bashman



It's a gardening implement, not slang for "prostitute": The Associated Press has a report headlined "It's not slang! Nev. court permits 'HOE' license" that begins, "A Las Vegas man can take a jolly ride around town now that he's won a courtroom battle with the Nevada Department of Motor Vehicles to keep his personalized 'HOE' license plate."

The Supreme Court of Nevada apparently has not yet posted this ruling online at its web site.

Update: A reader emails:

I write to inform you that the Supreme Court of Nevada opinion referenced in your 5:10 post is available at the Nevada ACLU's website at this link.

The link is appended to a blog post, which appears here.

I should also say that I'm disappointed that the Nevada court did not cite as persuasive authority the dictum in Judge Terence Evans's opinion in USA v. Murphy, 406 F.3d 857 (7th Cir. 2005), which you highlighted about 4 years ago and which would seem to be directly on point

I thank this reader for sending along a link to today's Nevada Supreme Court ruling.
Posted at 05:10 PM by Howard Bashman


"Court to weigh school's ban on campaign shirt": The Associated Press has a report that begins, "A student who was prohibited from wearing a T-shirt supporting John Edwards' presidential campaign at school asked a federal appeals court Wednesday to bar a Texas school district from enforcing its dress code."

The U.S. Court of Appeals for the Fifth Circuit makes oral arguments available online via this web page.
Posted at 03:48 PM by Howard Bashman



Tuesday, July 7, 2009

Programming note: On Wednesday, an appeal that I've worked on is being argued to a three-judge panel of the U.S. Court of Appeals for the Third Circuit in Philadelphia. Additional posts will appear here on Wednesday afternoon.
Posted at 10:57 PM by Howard Bashman


"Internet Gambling Ban Appears Likely to Withstand 3rd Circuit Challenge": Shannon P. Duffy will have this article Wednesday in The Legal Intelligencer.
Posted at 10:55 PM by Howard Bashman


"Senators Settling Into New Roles to Weigh Sotomayor Nomination": Neil A. Lewis will have this article Wednesday in The New York Times.

Wednesday in The Los Angeles Times, James Oliphant and David G. Savage will have an article headlined "American Bar Association gives Sonia Sotomayor its highest rating; Sotomayor, whose Supreme Court confirmation hearing begins next week, is called 'well qualified' to serve as justice."

And law.com has an article headlined "A Dozen Themes Frame Sotomayor Hearing."
Posted at 10:54 PM by Howard Bashman



"Federal appeals court overturns conviction of killer of former Raider Fred Biletnikoff's daughter": Howard Mintz of The San Jose Mercury News has this update.

And Bob Egelko of The San Francisco Chronicle has a news update headlined "New trial in slaying of ex-Raider's daughter."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 07:44 PM by Howard Bashman



"Abbott Wins Ruling Tossing AIDS-Drug Monopoly Claims": Bloomberg News has this report.

And The Associated Press reports that "Appeals court rules for Abbott in AIDS drug case."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 07:38 PM by Howard Bashman



"The Supreme Court on Trial: James MacGregor Burns takes aim at the bench." Online at Slate, Emily Bazelon has this review of the new book 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 02:10 PM by Howard Bashman


"Justice Kennedy's Not the Only Swing Vote on High Court": Lawrence Hurley has this article today in The Daily Journal of California.
Posted at 02:03 PM by Howard Bashman


The Associated Press is reporting: Now available online are articles headlined "Top Republican hits Sotomayor on firefighters case";

"NRA raises 'very serious concerns' on Sotomayor";

"Officials: Fate of Guantanamo detainees uncertain"; and

"Noriega asks US Supreme Court to block extradition."
Posted at 01:35 PM by Howard Bashman



"Age Discrimination": Today's edition of The New York Times contains an editorial that begins, "Amid the stack of decisions issued by the Supreme Court at the end of its term was a dreadful ruling weakening the legal protection against age discrimination. It falls to Congress to undo the damage."
Posted at 01:33 PM by Howard Bashman


"Lawyers' group: Sotomayor well qualified for court." The Associated Press has a report that begins, "Supreme Court nominee Sonia Sotomayor earned a 'well-qualified' rating from the American Bar Association on Tuesday as she prepared for Senate hearings next week."

You can view the ABA's current judicial nominee ratings by clicking here.
Posted at 11:48 AM by Howard Bashman



"Slowing of Sotomayor Increasingly Difficult; GOP Attacks Continue, but Delays Unlikely": Roll Call has this report today.

Online today at CQ Politics, Keith Perine reports that "GOP Looks for Ways to Delay Sotomayor Hearing." And John Edgell has an essay entitled "The 'Sotomayor Primary.'"

The Associated Press has a report headlined "Franken eyes role as 'people's proxy' in hearings" that begins, "Finally joining the Senate, Democrat Al Franken envisions playing the 'people's proxy' during Sonia Sotomayor's Supreme Court hearings. Franken, awaiting 'an awfully emotional' Tuesday when he is sworn in, is joining the Senate Judiciary Committee, which is to begin hearings next week on President Barack Obama's first nominee to the high court."

And online at Reason, Damon W. Root has an essay entitled "'As Naked an Abuse of Government Power as Could be Imagined': How the Sotomayor nomination revived the debate over eminent domain abuse."
Posted at 10:07 AM by Howard Bashman



Monday, July 6, 2009

"Roberts Court Takes Narrow Road to Right; Decisions suggest chief justice may be slow-playing the Supreme Court's march to the right": law.com's Tony Mauro has this report.
Posted at 11:48 PM by Howard Bashman


"Appointees Who Really Govern America": Tuesday in The New York Times, Michiko Kakutani will have this review of the new book 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 11:44 PM by Howard Bashman


"Obama Waffles on Indefinite Detention": CBS News legal analyst Andrew Cohen has this new installment of his "CourtWatch" column today.
Posted at 11:33 PM by Howard Bashman


"Little Information Given About Solo Law Practice Run by Sotomayor in '80s": This article will appear Tuesday in The New York Times.
Posted at 11:30 PM by Howard Bashman


"In Two States, a Lower Bar for Conviction": Tuesday in The New York Times, Adam Liptak will have this new installment of his "Sidebar" column.
Posted at 10:50 PM by Howard Bashman


"New challenge on 'state secrets'": Lyle Denniston has this post at "SCOTUSblog."
Posted at 10:47 PM by Howard Bashman


"Legal Times Panel on the 2008-2009 Supreme Court Term": Via C-SPAN, you can access the video from this afternoon's event, featuring law.com's Tony Mauro, by clicking here.

Update: At "The BLT: The Blog of Legal Times," you can access a related post titled "It's Still Kennedy's Court, Say Supreme Court Practitioners."
Posted at 06:24 PM by Howard Bashman



"Although the Supreme Court term that went into summer recess last week was fairly uneventful for the First Amendment, the respite may be brief, with significant First Amendment issues looming on the Court's docket for the fall." So begins this news analysis from Tony Mauro online at the First Amendment Center.
Posted at 06:04 PM by Howard Bashman


"Leahy finds solace from Senate on his Vermont farm": The Associated Press has a report that begins, "Sen. Patrick Leahy calls his Vermont home Drawbridge Farm for the shelter and solace it can offer him from the rigors of life in Washington. But its 300 acres is not enough to keep out the politics of Sonia Sotomayor's upcoming confirmation hearings."
Posted at 06:00 PM by Howard Bashman


"Some Docs Resist Repeal Of Bush-Era Abortion Regs": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."
Posted at 04:40 PM by Howard Bashman


"GOP senator: Will race infect Sotomayor rulings?" The Associated Press has this report.

The AP also reports that "Sotomayor's relatives hope to attend hearings."
Posted at 04:15 PM by Howard Bashman



"Profile of Supreme Court Nominee Sonia Sotomayor": You can click here to access online this past Saturday's broadcast of C-SPAN's "America & the Courts."
Posted at 12:15 PM by Howard Bashman


"Will It Be 1972 Forever? The high court's misplaced modesty." Columnist George F. Will has this essay in the July 13, 2009 issue of Newsweek.
Posted at 10:30 AM by Howard Bashman


Sunday, July 5, 2009

"Conservatively Liberal: Supreme Court nominee Sonia Sotomayor often reaches liberal results through conservative means." This editorial will appear Monday in The Washington Post.
Posted at 11:02 PM by Howard Bashman


"Abortion foes differ on 'personhood' strategy": The Great Falls Tribune today contains an article that begins, "The anti-abortion community is split over a proposed amendment to the Montana Constitution aimed at challenging the 36-year-old U.S. Supreme Court ruling that legalized abortion."
Posted at 11:00 PM by Howard Bashman


"The Supreme Court in summation: The Supreme Court term just ended was marked by close rulings but also surprising consensus." This editorial appears today in The Los Angeles Times.
Posted at 10:20 PM by Howard Bashman


"No more quotas: The Supreme Court in Ricci v. DeStefano dealt a final blow to racially motivated hiring; This is the dawning of post-racial America." Law professor John Yoo has this op-ed today in The Philadelphia Inquirer.
Posted at 08:40 PM by Howard Bashman


"GOP struggles for anti-Sotomayor message": The Associated Press has this report.
Posted at 08:20 PM by Howard Bashman


Saturday, July 4, 2009

"Nine on short list for state high court; Judicial Nominating Commission narrows field from 38 hopefuls": Bill Rankin had this article last Thursday in The Atlanta Journal-Constitution.

One of the nine finalists to serve as the next Justice on the Supreme Court of Georgia is Stephen Louis A. Dillard, founder of the "Southern Appeal" blog.

In local coverage, The Macon Telegraph reported last Thursday that "Macon lawyer Dillard on short list to be justice."
Posted at 11:45 PM by Howard Bashman



"Star lawyer makes Supreme Court splash": In Sunday's edition of The Austin American-Statesman, Chuck Lindell will have an article that begins, "It's a rare lawyer who can deftly handle the pressure of arguing before the U.S. Supreme Court. In April, Austin's Gregory Coleman did it twice in eight days -- and he did it arguing two of the most watched, most controversial cases in the high court's just-completed term. Coleman also won them both, polishing his reputation as a top-flight appellate lawyer and as a conservative unafraid to mix it up in the combative, contentious arena of race relations."
Posted at 11:32 PM by Howard Bashman


"Supreme Court leaned right on many issues this term; But the divided justices began shifting from the Bush administration's hands-off approach to business, clearing the way for more consumer lawsuits; Sotomayor could change the direction more next term": David G. Savage will have this article Sunday in The Los Angeles Times.
Posted at 11:24 PM by Howard Bashman


"Black Robe Politics": Sunday in The Washington Post, law professor Jeffrey Rosen will have this review of the new book 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 02:14 PM by Howard Bashman


"Significant rulings of U.S. Supreme Court term": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 01:45 PM by Howard Bashman


"Group Sotomayor advised fought job tests": The Associated Press has this report.
Posted at 11:09 AM by Howard Bashman


"Environment Groups Find Less Support on Court": Adam Liptak has this article today in The New York Times.

I recently collected some earlier related coverage in this post.
Posted at 11:00 AM by Howard Bashman



Friday, July 3, 2009

"Flag Burning and Free Speech: The Founding Fathers agreed that the First Amendment protected 'symbolic expression.'" Law professor Eugene Volokh has this op-ed today in The Wall Street Journal.
Posted at 01:27 PM by Howard Bashman


"Obama uneasy over indefinite Gitmo detentions": The Associated Press has this report.
Posted at 10:44 AM by Howard Bashman


"Tennessee Wins Ruling on Execution": JohN Schwartz has this article today in The New York Times.

And The Associated Press reports that "6th Circuit backs up lethal injections; Death row inmate Harbison plans to appeal new ruling."

My earlier coverage of yesterday's Sixth Circuit ruling appears at this link.
Posted at 10:42 AM by Howard Bashman



"For Hispanic Firefighter in Bias Suit, Awkward Position but Firm Resolve": This article appears today in The New York Times.
Posted at 10:38 AM by Howard Bashman


"Alex Kozinski admonished for raunchy Internet files; The 9th Circuit's chief judge showed 'poor judgment,' panel finds": Scott Glover has this article today in The Los Angeles Times.

Today in The San Francisco Chronicle, Bob Egelko reports that "Judge Alex Kozinski rebuked for explicit postings."

And The Philadelphia Inquirer reports that "California judge rebuked for porn on his Web site."
Posted at 10:25 AM by Howard Bashman



Thursday, July 2, 2009

"9th Circuit's Kozinski Admonished but Not Disciplined for Online Pornography": Shannon P. Duffy will have this article Monday in The Legal Intelligencer.
Posted at 11:12 PM by Howard Bashman


"Are All Civil Rights Special Privileges Now? Assessing the damage done by the Supreme Court in the New Haven firefighters case." Law professor Richard Thompson Ford has this jurisprudence essay online at Slate.
Posted at 11:09 PM by Howard Bashman


"Supreme Court Closes Deeply Divided Term": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 11:04 PM by Howard Bashman


"To Critics, New Policy on Terror Looks Old": Today in The New York TImes, Charlie Savage has a news analysis that begins, "Civil libertarians recently accused President Obama of acting like former President George W. Bush, citing reports about Mr. Obama's plans to detain terrorism suspects without trials on domestic soil after he closes the Guantanamo prison."
Posted at 10:50 PM by Howard Bashman


"Appeals court overturns order allowing deposition of Terry Nichols; SLC lawyer seeks information about his brother's 1995 prison death": Pamela Manson of The Salt Lake Tribune has a news update that begins, "The 10th U.S. Circuit Court of Appeals on Thursday overturned a judge's ruling allowing a Utah attorney to conduct videotaped depositions of Oklahoma City bombing conspirator Terry Nichols and a death-row inmate."

And Geoffrey Fattah of The Deseret News has a news update headlined "Court denies attorney chance to interview Terry Nichols."

You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 10:44 PM by Howard Bashman



"N.J. judge rules blogger not protected by newspaper shield laws, can be sued for slander": The Newark Star-Ledger has this news update.
Posted at 10:30 PM by Howard Bashman


"Obama: Court leaves room for affirmative action." Mark Sherman of The Associated Press has this report.
Posted at 09:18 PM by Howard Bashman


"Judge Kozinski admonished for explicit items on Web site": Bill Mears of CNN.com has this report.

And The Philadelphia Inquirer has a news update headlined "California judge rebuked for porn on his Web site."
Posted at 09:15 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "GOP, White House at odds on Sotomayor documents" and "Leahy: GOP planned objection to a high court pick."
Posted at 09:14 PM by Howard Bashman


"Case dismissed against woman in MySpace hoax that led to teen's suicide": The Los Angeles Times has this news update.

And The St. Louis Post-Dispatch has a news update headlined "Lori Drew is acquitted in cyberbullying case."
Posted at 03:37 PM by Howard Bashman



BREAKING NEWS -- "Judge Overrules Jury, Acquits Lori Drew in Cyberbullying Case": Kim Zetter has this post at Wired.com's "Threat Level" blog.

And The Associated Press reports that "Judge tentatively acquits woman in MySpace case."
Posted at 03:07 PM by Howard Bashman



In video available online from C-SPAN: "Roundtable on Judicial Decisions of Judge Sonia Sotomayor";

"Dahlia Lithwick address the major cases the Supreme Court decided this term"; and

"Washington Legal Foundation Panel Discussion on Recent Supreme Court Term."
Posted at 03:00 PM by Howard Bashman



"High court rejects Gov. Charlie Crist's judge-picking plans; Gov. Charlie Crist's request that a new slate of applicants be submitted for an appeals court seat was ruled unconstitutional by the state Supreme Court": The Miami Herald has a news update that begins, "Gov. Charlie Crist ran afoul of the state Constitution when he refused to fill an appeals court seat because all of the potential picks are white, the Florida Supreme Court unanimously ruled Thursday."

And The Associated Press has a report headlined "Fla. justices: Crist can't reject judge nominees."

You can access today's ruling of the Supreme Court of Florida at this link.
Posted at 02:50 PM by Howard Bashman



"3rd Circuit Panel Dismisses Claims Against Kozinski for Sexually Explicit Material": Shannon P. Duffy of The Legal Intelligencer has this news update.
Posted at 02:33 PM by Howard Bashman


"Ninth Circuit's Kozinski is Admonished, and He Apologizes": Tony Mauro has this post at "The BLT: The Blog of Legal Times."

And WSJ.com's "Law Blog" has a post titled "A 'Pleased' Kozinski Cleared of Wrongdoing."
Posted at 01:10 PM by Howard Bashman



"Holder having surgery for cracked tooth": The Associated Press has this report.
Posted at 12:11 PM by Howard Bashman


"Peers admonish US chief judge over Web sex files": The Associated Press has this report.
Posted at 11:52 AM by Howard Bashman


"MySpace not liable for girls' rapes, court says": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Girls who were sexually assaulted by men they first contacted on MySpace cannot seek damages from the social-networking Web site, which is protected from liability by federal law, a state appeals court has ruled."

Reuters has a report headlined "MySpace, Web servers not liable for assaults-court."

And at his "Technology & Marketing Law Blog," law professor Eric Goldman has a post titled "MySpace Wins Another 47 USC 230 Case Over Sexual Assaults of Users."

You can access Tuesday's ruling of California's Court of Appeal for the Second Appellate District at this link.
Posted at 11:25 AM by Howard Bashman



"Judging John Yoo: A federal judge has set a risky precedent by allowing convicted terror conspirator Jose Padilla to sue one of the authors of the controversial 'torture memo.'" This editorial appears today in The Los Angeles Times.

My earlier coverage of the ruling appears at this link.
Posted at 11:14 AM by Howard Bashman



Divided three-judge Sixth Circuit panel overturns federal district court's decision holding that Tennessee's lethal injection protocol violates the Eighth Amendment: You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 11:11 AM by Howard Bashman


"Chief Judge Kozinski Cleared of Misconduct By Judicial Panel": David Lat has this post at "Above the Law."

You can access the ruling of the Judicial Council of the U.S. Court of Appeals for the Third Circuit, dated June 5, 2009 and made public today, by clicking here.

The following summary of the ruling's result appears on pages 11-12 of the opinion:

This opinion, which will be made public according to the Rules for Judicial-Conduct and Judicial-Disability Proceedings, concludes the investigation in the following manner. We find that the Judge's possession of sexually explicit offensive material combined with his carelessness in failing to safeguard his sphere of privacy was judicially imprudent. Moreover, once the Judge became aware in 2007 that offensive material could be accessed by members of the public, his inattention to the need for prompt corrective action amounted to a disregard of a serious risk of public embarrassment. We join with the Special Committee in admonishing the Judge that his conduct exhibiting poor judgment with respect to this material created a public controversy that can reasonably be seen as having resulted in embarrassment to the institution of the federal judiciary. We determine that the Judge's acknowledgment of responsibility together with other corrective action, his apology, and our admonishment, combined with the public dissemination of this opinion, properly conclude this proceeding.
And the opinion's final paragraph states, "With respect to the identified Complaint involving alex.kozinski.com, the proceeding will be concluded under Rule 20(b)(1)(B) because appropriate corrective action has been taken. To the extent the identified Complaint involves the Judge's conduct with respect to the United States v. Isaacs case, that portion of the identified Complaint will be dismissed under Rule 20(b)(1)(A)(i)."
Posted at 09:22 AM by Howard Bashman


"Area schools weigh impact of ruling in Ariz. strip search": This article appears today in The New Haven Register.
Posted at 09:15 AM by Howard Bashman


"Injunction against Delta in Mesa case upheld": The Associated Press has a report that begins, "A federal appeals court Wednesday upheld a preliminary injunction barring Delta Air Lines Inc., the world's biggest airline operator, from terminating a regional flying contract with Mesa Air Group Inc. subsidiary Freedom Airlines."

Reuters reports that "Appeals court prevents Delta from ending contract."

The Wall Street Journal has a news update headlined "Appeals Court Affirms Injunction to Keep Delta Air-Mesa Deal."

MarketWatch reports that "Court blocks attempt to terminate Delta-Mesa deal."

And Mesa Air Group has issued a press release headlined "Eleventh Circuit Court of Appeals Rules in Favor of Mesa Air Group - Affirms Preliminary Injunction Against Delta Air Lines."

You can access yesterday's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 09:14 AM by Howard Bashman



"Impact still to come in firefighter ruling": This article appears today in The New Haven Register.
Posted at 09:05 AM by Howard Bashman


"Supreme Court's Unexpected 'Judicial Minimalism' in Voting Rights Case": Paul M. Smith and Joshua Block have this essay online at law.com.
Posted at 08:53 AM by Howard Bashman


"Roberts's Firefighter Win Caps Unpredictable Supreme Court Term": Greg Stohr of Bloomberg News has this report.
Posted at 08:47 AM by Howard Bashman


Wednesday, July 1, 2009

"Legal group's records tell little about Sotomayor": The Associated Press has a report that begins, "A Puerto Rican civil rights organization advised by Supreme Court nominee Sonia Sotomayor campaigned against seating conservative Robert Bork on the high court in the late 1980s, according to new documents that shed light on the group that's become a key focus of Republicans questioning Sotomayor's fitness to be a justice."
Posted at 03:10 PM by Howard Bashman


"Court: Teen abortion records private." The Cincinnati Enquirer has this news update.

The Columbus Dispatch has a news update headlined "Supreme Court: Planned Parenthood does not have to turn over abortion records to parents."

The Dayton Daily News has an update headlined "Minors' abortion records off limits, court says."

And The Associated Press reports that "Ohio high court rules for abortion record privacy."

You can access today's ruling of the Supreme Court of Ohio at this link. The court's own news release on the ruling is headlined "Plaintiff in Private Lawsuit Has No Right to Discover Confidential Medical Records of Non-Parties."
Posted at 02:15 PM by Howard Bashman



"9th Circuit Reversed 14 Times This Term": Today in The Daily Journal of California, Lawrence Hurley has this article.
Posted at 11:40 AM by Howard Bashman


"Wardlaw Wasn't Vetted to Replace Souter": Lawrence Hurley has this article today in The Daily Journal of California.
Posted at 11:32 AM by Howard Bashman


"New York's Alcoholic Beverage Control Law, instituting a three-tier system for the regulation of alcoholic beverages, do[es] not discriminate against out-of-state producers in violation of the Commerce Clause": So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit in a decision issued today.

Circuit Judge Guido Calabresi wrote an interesting concurring opinion intended to "emphasize the unusual nature of judicial interpretation of the Twenty-First Amendment, a constitutional provision that, over seventy-five years, has been defined and redefined to accommodate changing social needs and norms."
Posted at 11:24 AM by Howard Bashman



"Supreme Court Term in Review": CBS News legal analyst Andrew Cohen has this "CourtWatch" essay.
Posted at 11:15 AM by Howard Bashman


"Group says blacks will fight if city certifies exams": The New Haven Register today contains an article that begins, "Dealt a setback by the U.S. Supreme Court, the leader of an organization for black firefighters Tuesday vowed, 'It doesn't end here.'"

And The Hartford Courant reports today that "Impact Of Supreme Court's Ricci Decision Already Being Felt In Bridgeport, Memphis; Supreme Court New Haven Firefighters Decision Has National Impact."
Posted at 11:14 AM by Howard Bashman



"The Sotomayor Confirmation Hearings as a Non-Event": Tom Goldstein has this post at "SCOTUSblog."
Posted at 11:12 AM by Howard Bashman


"Supreme Court leaves hanging the case of detained Uighurs; The justices' inaction this term probably extends the 13 detainees' time at Guantanamo": Warren Richey of The Christian Science Monitor has this report.
Posted at 11:10 AM by Howard Bashman


"3rd Circuit Recognizes New Cause of Action for Civil Rights Violations at Nursing Homes": Today in The Legal Intelligencer -- Philadelphia's daily newspaper for lawyers -- Shannon P. Duffy has an article that begins, "In a landmark opinion that recognizes a new category of lawsuits, the 3rd U.S. Circuit Court of Appeals has ruled that the Federal Nursing Home Reform Amendments give residents of county-run nursing homes the right to bring civil rights claims under Section 1983 to challenge the quality of their treatment."

You can access yesterday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 11:08 AM by Howard Bashman



"Ruling bars lawsuit in Atlanta man's Iraq convoy injury": The Associated Press has a report that begins, "A federal appeals court says the wife of a U.S. soldier incapacitated by brain injury in a wreck during a fuel convoy in Iraq cannot sue the civilian contractor delivering the fuel."

You can access yesterday's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 11:04 AM by Howard Bashman



"Pipe Bombs Unprotected by the Second Amendment": At "The Volokh Conspiracy," law professor Eugene Volokh has this post about a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued yesterday.
Posted at 11:02 AM by Howard Bashman


"Pa. high court to hear challenge in Risperdal case": Today's edition of The Philadelphia Inquirer contains an article that begins, "The Pennsylvania Supreme Court agreed yesterday to hear a legal challenge over whether the Rendell administration should be allowed to use a Texas law firm to pursue a case against a drugmaker on behalf of Pennsylvania."

You can access yesterday's order of the Supreme Court of Pennsylvania at this link.
Posted at 11:00 AM by Howard Bashman



"New Look at Election Spending Looms in September": Jess Bravin has this article today in The Wall Street Journal.
Posted at 10:57 AM by Howard Bashman


"Job-Test Ruling Cheers Employers; Decision Inspires Some Companies to Consider Broader Use of Exams, but Others Say It Creates Uncertainty": Today's edition of The Wall Street Journal contains an article that begins, "The Supreme Court's landmark employment-discrimination ruling Monday may create uncertainty about when and what kinds of tests employers can give applicants for jobs or promotions, say corporate executives and lawyers."
Posted at 09:35 AM by Howard Bashman


"Term Saw High Court Move to The Right; Roberts-Led March Likely to Continue": Robert Barnes has this article today in The Washington Post.
Posted at 09:27 AM by Howard Bashman






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