How Appealing

Sunday, January 31, 2010

"Perverting Justice: Jessica's Law prevents paroled sex offenders from residing near schools or parks; That means they can only live one place in S.F. -- on the streets." SF Weekly published this article in late December 2009.

Tomorrow, as noted at this link, the Supreme Court of California is scheduled to issue a ruling on whether certain individuals are entitled to relief from the residency restrictions imposed on persons required to register as sex offenders.

And in this past Thursday's edition of The Pittsburgh Post-Gazette, Paula Reed Ward reported that "Ordinance limiting where sex offenders can live heads to state Supreme Court."
Posted at 11:04 PM by Howard Bashman



"Site for Terror Trial Isn't Only Obstacle": This article appears today in The New York Times, along with an article headlined "In New York, Mix of Emotions Over 9/11 Trial Move" and an editorial entitled "It Happened in Our Backyard."

And The Associated Press has a report headlined "Many obstacles to choosing a site for 9/11 trials."
Posted at 10:40 PM by Howard Bashman



"Politicians target corruption law; They are waiting for U.S. Supreme Court ruling": Today's edition of The South Florida Sun-Sentinel contains an article that begins, "Some of South Florida's public officials who were swept up in recent public corruption investigations hope the U.S. Supreme Court will make a favorite prosecution tool disappear when the justices rule on a controversial law aimed at dishonest politicians. Prosecutors say the 20-year-old federal law in question, honest services fraud, is a valuable anti-corruption measure."
Posted at 10:32 PM by Howard Bashman


"May it please the court? Sotomayor agrees to receive Dunnellon students." The Ocala Star-Banner has this report.
Posted at 10:28 PM by Howard Bashman


"Three lives linked by call to duty, common tragedy; The sacrifices of Harvard Law graduates who took unconventional paths leave friends and classmates searching for answers about themselves": Farah Stockman has this front page article today in The Boston Globe.
Posted at 10:23 PM by Howard Bashman


"Scott Roeder's calculated path to murder": Ron Sylvester will have this lengthy article Monday in The Wichita Eagle.

And online at Slate, Emily Bazelon has a jurisprudence essay entitled "Murder He Wrote: A jury convicted Scott Roeder of killing Dr. George Tiller after a rocky trial."
Posted at 10:18 PM by Howard Bashman



"California gay marriages may hinge on one man": Columnist Dan Walters has this op-ed today in The Sacramento Bee. The one man he writes of is U.S. Supreme Court Justice Anthony M. Kennedy.

And Neon Tommy, the online publication of the Annenberg School of Journalism, has a blog post titled "Prop. 8 Trial Finds Its Way to YouTube." You can view the reenactment at this link.
Posted at 02:52 PM by Howard Bashman



"An advocate for juveniles; Law center fights for justice": This article appears today in The Times Leader of Wilkes-Barre, Pennsylvania.
Posted at 02:45 PM by Howard Bashman


"Ghosts in the Machine: What happens when justices get personal." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 02:42 PM by Howard Bashman


"U.S. Supreme Court: Government's hand on a slippery Internet." Michael Kirkland of UPI has this report.
Posted at 02:40 PM by Howard Bashman


Saturday, January 30, 2010

"No sanctions for Bush lawyers who approved waterboarding, report will say": This article will appear Sunday in The Washington Post.

And last night at the web site of Newsweek, Michael Isikoff and Daniel Klaidman had a blog post titled "Justice Official Clears Bush Lawyers in Torture Memo Probe."
Posted at 07:30 PM by Howard Bashman



"Panel Nerds: Ruth Bader Ginsburg Is Human." Yesterday, the Mediaite web site posted an essay that begins, "The walls of Kaufmann Concert Hall at the 92nd Street Y are adorned with the names of some of history's greatest thinkers: Jefferson, Shakespeare, Maimonides. When Ruth Bader Ginsburg joined them on stage, she fit right in." (Via WSJ.com's "Law Blog.")
Posted at 02:58 PM by Howard Bashman


"Court: Conduct board must turn over Conahan complaint." Today's edition of The Citizens' Voice of Wilkes-Barre, Pennsylvania contains an article that begins, "The state Judicial Conduct Board must provide a state panel investigating the Luzerne County kids-for-cash corruption scandal with a confidential misconduct complaint against former Judge Michael T. Conahan, the state Supreme Court ruled Friday."

The syllabus that the Supreme Court of Pennsylvania issued with its ruling yesterday states, "Mr. Chief Justice Castille delivered the Opinion of the Court, in which Messrs. Justice Saylor, Eakin and Baer, Madame Justice Todd, and Mr. Justice McCaffery joined with respect to Sections I and II; and in which Messrs. Justice Eakin, Baer and McCaffery joined with respect to Sections III-A and III-B; and an Opinion, in which Messrs. Justice Eakin and McCaffery joined, with respect to Sections III-C and IV. Mr. Justice Baer filed a Concurring and Dissenting Opinion. Madame Justice Todd filed a Concurring and Dissenting Opinion, in which Mr. Justice Saylor joined. Madame Justice Orie Melvin filed a Concurring and Dissenting Opinion."
Posted at 02:54 PM by Howard Bashman



"Obama v. Alito: Political dust-up during State of the Union; Supreme Court Associate Justice Samuel Alito apparently took umbrage at President Obama's comment about the court's recent decision on corporate campaign contributions; Was either of them out of line?" The Christian Science Monitor has this report.

Mark Sherman of The Associated Press reports that "Critics raise specter of foreign campaign spending."

Tony Mauro of The National Law Journal reports that "Reformers Hope High Court Decision Will Kill Judicial Elections; The 'Citizens United' opinion, they reason, may drive more money into judicial races and turn off the public."

Today in The New York Times, Dorothy Samuels has an "Editorial Notebook" essay entitled "Hanging a 'For Sale' Sign Over the Judiciary."

And in Sunday's edition of The Washington Post, Martha C. White will have an essay entitled "Idea of company-as-person originated in late 19th century."
Posted at 02:34 PM by Howard Bashman



Majority on divided three-judge Fifth Circuit panel holds that notice of appeal specifying that the plaintiff was appealing from the dismissal of a claim against only two of the five individual defendants sufficed to appeal against all five: You can access Thursday's ruling, which the court posted online yesterday, at this link. Because the court affirmed the dismissal, the dispute over whether the notice of appeal should be construed more broadly than its plain text will not have any lasting consequence in this case.

Nevertheless, this ruling demonstrates two important things. First, no step in the appellate process is so easy that it cannot be fouled-up due to inadequate attention. And, second, the ruling demonstrates that deciding what to appeal, and ensuring that the notice of appeal will effectuate that decision, are among the most critical steps in the appellate process.

Update: The August 20, 2007 installment of my "On Appeal" column for law.com was headlined "You Call That a Notice of Appeal?"

By the way, Federal Rule of Appellate Procedure 3(c)(1) -- titled "Contents of the Notice of Appeal" -- does not require that a notice of appeal specify the party or parties against whom an appeal is being taken, although designating the party or parties against whom an appeal is being taken is certainly one way of specifying that only a part of a judgment or order is being appealed. See Fed. R. App. P. 3(c)(1)(B).
Posted at 02:28 PM by Howard Bashman



"Trials in child's death delayed until final ruling on gag order": This article appears today in The Toledo Blade.
Posted at 01:52 PM by Howard Bashman


"The public face of gun-rights battle: Southwest Side resident is part of next month's Supreme Court test of Chicago's gun ban." Sunday's edition of The Chicago Tribune will contain a lengthy article that begins, "From behind the wheel of his hulking GMC Suburban, 76-year-old Otis McDonald leads a crime-themed tour of his Morgan Park neighborhood."

And at "SCOTUSblog," Lyle Denniston has a post titled "New pleas for gun rights; Final McDonald briefs filed."
Posted at 01:48 PM by Howard Bashman



Friday, January 29, 2010

"Open the Shut Case: Why is KBR so afraid of letting Jamie Leigh Jones have her day in court?" Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:14 PM by Howard Bashman


"U.S. to Move 9/11 Trial From New York City, Official Says": The New York Times has a news update that begins, "The Obama administration on Friday gave up on its plan to try the Sept. 11 plotters in Lower Manhattan, bowing to almost unanimous pressure from New York officials and business leaders to move the terrorism trial elsewhere."

The Washington Post has a news update headlined "Administration drops plans to try alleged 9/11 conspirators in N.Y.C."

And online at Slate, Dahlia Lithwick and Michael Newman have a short item headlined "YIMBY: Tell us why KSM should be tried in your hometown."
Posted at 08:46 PM by Howard Bashman



"Senate bill says governor should choose Utah Supreme Court's leader": The Salt Lake Tribune has this news update.
Posted at 08:27 PM by Howard Bashman


"Affiliates cheer Supreme Court; Decision on political ad spending may boost revs": Variety has a report that begins, "The Supreme Court has delivered a stimulus package to local TV stations."
Posted at 08:24 PM by Howard Bashman


Does the Second Amendment apply to the States?; Petitioners' reply brief filed today in McDonald v. City of Chicago: You can access the reply brief at this link (via "The Volokh Conspiracy" and "Cockle Blog").
Posted at 08:22 PM by Howard Bashman


"Vrdolyak's probation-only sentence overturned": The Chicago Sun-Times has a news update that begins, "Former Chicago Ald. Ed Vrdolyak's probation-only sentence for fraud has been overturned by an appellate panel, meaning he could face prison time when he is re-sentenced."

The Chicago Tribune has a blog post titled "Appeals court overturns Vrdolyak's probation sentence."

And The Associated Press reports that "Court says probation too soft for politician."

Circuit Judge Richard A. Posner delivered today's majority opinion for a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit. Circuit Judge David F. Hamilton issued a lengthy dissenting opinion.

Update: Thanks to the many, many readers of this blog who emailed to note that this post had originally misidentified the author of the dissent. That'll teach me to mistake the Seventh Circuit's second newest judge for the Seventh Circuit's newest judge!
Posted at 02:07 PM by Howard Bashman



"Jury finds Scott Roeder guilty of first-degree murder in death of George Tiller": The Wichita Eagle has this news update.

The Kansas City Star has a news update headlined "Roeder found guilty of murdering abortion doctor."

And The Associated Press reports that "Man convicted of murdering Kan. abortion provider."
Posted at 12:22 PM by Howard Bashman



"Alito vs. Obama -- who's right? A criticism, and a retort." Lyle Denniston has this post at "SCOTUSblog."
Posted at 12:00 PM by Howard Bashman


"Supreme Court won't force Khadr repatriation; But Canada's highest court also says Omar Khadr's Charter rights have been violated and warns it has the power to act more overtly if Ottawa fails to take action": Kirk Makin of The Toronto Globe and Mail has a news update that begins, "Omar Khadr is not coming home yet -- but the Supreme Court of Canada has moved his repatriation considerably closer."

The Toronto Star has a news update headlined "Court refuses to order Khadr home; Supreme Court finds that Omar Khadr's rights were violated at Guantanamo Bay, but rules lower courts went too far in ordering federal government to seek his return."

And The Associated Press reports that "Canada's top court won't force detainee's return."

You can access today's ruling of the Supreme Court of Canada at this link.
Posted at 11:48 AM by Howard Bashman



"Roeder takes stand, admits killing Tiller": This article appears today in The Wichita Eagle.

The Kansas City Star reports today that "Judge bars Roeder jury from considering manslaughter conviction."

The New York Times reports that "Doctor's Killer Puts Abortion on the Stand."

And The Wall Street Journal reports that "Roeder Says He Shot Abortion Provider; Murder Defendant Testifies He Acted to Protect Fetuses; Judge Rules Jurors Cannot Consider Lesser Manslaughter Charge."
Posted at 08:30 AM by Howard Bashman



"Constitutionality of 'Jessica's Law' questioned; Treating sex predators differently from other violent offenders may violate equal protection guarantees, the California Supreme Court says": Maura Dolan has this article today in The Los Angeles Times.

And Greg Moran of The San Diego Union-Tribune reports today that "Calif court wants proof on confining sex predators."

My earlier coverage of yesterday's ruling appears at this link.
Posted at 08:25 AM by Howard Bashman



"A Rare Rebuke of Justices, in Front of a Nation": Adam Liptak has this article today in The New York Times.

Today in The Washington Post, Robert Barnes reports that "Reactions split on Obama's remark, Alito's response at State of the Union." The newspaper also contains an article headlined "Democrats prepare legislation to counter ruling on campaign spending."

David G. Savage of The Los Angeles Times reports that "Obama-Alito tensions surface at State of the Union address; There's a history behind Justice Alito's visible reaction to the president's criticism of a Supreme Court ruling. Now opponents in the debate over corporate election spending are taking sides." Meanwhile, in yesterday's newspaper, Stephen R. Weissman had an op-ed entitled "Campaign finance ruling's likely impact overblown; The Supreme Court's decision striking down limits on corporate spending in election campaigns is unlikely to change the political situation on the ground."

Jess Bravin of The Wall Street Journal reports that "Alito and Obama Face Alleged Breaches of Etiquette." The newspaper also contains an article headlined "Foreign Spending on Politics Fought"; an editorial entitled "Obama v. the Supremes: Alito wins the oral, and factual, argument"; and an op-ed by law professor Randy E. Barnett entitled "Obama Owes the High Court an Apology; The justices were there as a courtesy to him."

And today's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Will Foreign Corporations Be Able To Influence U.S. Elections."
Posted at 08:22 AM by Howard Bashman



"The Senate should confirm Dawn Johnsen: Obama's choice to head the Office of Legal Counsel is more than qualified, and the GOP obstruction to her confirmation needs to end." Yesterday's edition of The Los Angeles Times contained this editorial.
Posted at 08:07 AM by Howard Bashman


"Administration Considers Moving Site of 9/11 Trial": This article appears today in The New York Times.

The Washington Post reports today that "Obama faces dwindling options in his effort to close Guantanamo Bay."

And in The Miami Herald, Carol Rosenberg has an article headlined "Review: Most Guantanamo detainees should be released or transferred; A review of detainees held at the Guantanamo Bay prison camps provides the first specific numbers for what the Obama administration thinks should be done with the remaining captives."
Posted at 07:48 AM by Howard Bashman



"The Next Time": At the "Opinionator" blog of The New York Times, Linda Greenhouse has a post that begins, "Three years ago, after Chief Justice John G. Roberts Jr. led the Supreme Court to the brink of overturning a few precedents but then blinked, a frustrated Justice Antonin Scalia accused the chief justice of 'faux judicial restraint.' It was foreseeable then that something would have to give: either the faux or the restraint. Now we know. Goodbye to restraint."
Posted at 07:45 AM by Howard Bashman


We're too Boring for Google Maps: Yesterday, a three-judge panel of the U.S. Court of Appeals for the Third Circuit issued a non-precedential ruling in a case captioned Boring v. Google Inc.

In news coverage of the ruling, Shannon P. Duffy of The Legal Intelligencer reports that "3rd Circuit OKs Homeowners' Trespass Suit Against Google."

And Bloomberg News reports that "Google Must Face Trespass Suit Over Street View of House, Pool."
Posted at 07:40 AM by Howard Bashman



"Justice Stevens Renews Criticism of Gerrymandering": Jess Bravin of The Wall Street Journal has this article today, along with an article headlined "Justice Stevens on How He Joined the Court."
Posted at 07:28 AM by Howard Bashman


Thursday, January 28, 2010

"Roeder trial: Judge rules out manslaughter option." The Kansas City Star has this news update.

The Wichita Eagle has a news update headlined "Jury to decide whether Scott Roeder is guilty of first-degree murder, aggravated assault."

And The Associated Press reports that "No manslaughter defense in abortion doc's slaying."
Posted at 09:00 PM by Howard Bashman



"Michigan Supreme Court rules against Fieger": Dawson Bell of The Detroit Free Press has a news update that begins, "In the first test of its new judicial disqualification procedure, a surprisingly unified Michigan Supreme Court declined today a request by Southfield attorney Geoffrey Fieger to remove the court's three most conservative justices from hearing a case in which Fieger represents a man whose wife was killed in a transit van accident at Detroit Metro Airport."
Posted at 06:27 PM by Howard Bashman


"Obama picked odd time and place to jab high court": The Associated Press has this report.
Posted at 06:14 PM by Howard Bashman


"Court's ruling on campaign funding draws fire": Financial Times has this news update.

Agence France-Presse reports that "White House shrugs off Alito spat."

At "The Caucus" blog of The New York Times, David Kirkpatrick has a post titled "White House v. the Supreme Court."

At the web site of The New Republic, law professor Jeffrey Rosen has a blog post titled "Obama's War With the Court Just Escalated."

At the web site of The New Yorker, Jeffrey Toobin has a blog post titled "Alito's Face."

At ABCNews.com, Terry Moran has an essay titled "State of the Union: The Slam, the Scowl and the Separation of Powers; Obama, Alito and the Political Theater of a Constitutional Lesson." And Jake Tapper has a blog post titled "Supreme Court Historian: After President's 'Insult,' Won't Be Surprised If Supreme Court Doesn't Attend Next Year's State of the Union Address."

At the "PostPartisan" blog of The Washington Post, Eva Rodriguez has an entry titled "On Alito's State of the Union head wag, you're all wrong."

And at the web site of The Atlanta Journal-Constitution, Bob Barr has a blog post titled "Obama insults Supreme Court with uncivil remarks."
Posted at 04:33 PM by Howard Bashman



"High court wants more proof for Jessica's Law": The Associated Press has a report that begins, "The California Supreme Court wants the government to show more proof that confining sexually violent predators indefinitely is constitutional."

My earlier coverage of this ruling from earlier today appears here.
Posted at 02:55 PM by Howard Bashman



Seventh Circuit examines the Class Action Fairness Act's "home-state exception" to federal court removal: Thanks to the U.S. Judicial Panel on Multidistrict Litigation, the Seventh Circuit gets to decide a case involving the extent to which Kansas residents are the users of cell phones with Kansas area codes. Senior Circuit Judge Terence T. Evans is the author of today's ruling for a unanimous three-judge panel
Posted at 02:33 PM by Howard Bashman


Second Circuit decides remainder of challenge to New York State's current felon disenfranchisement laws: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 02:03 PM by Howard Bashman


Today's rulings of note from the Supreme Court of California: A minor's statement while in police custody that "I want my mommy!" will no longer suffice simply by itself to invoke the minor's Fifth Amendment right to remain silent as the result of a decision issued today. The statement may suffice to invoke the right to counsel, however, if the mommy also happens to be a lawyer.

And, by means of a separate ruling issued today, California's highest court has reinstated an equal protection challenge to a California law that subjects sexually violent predators -- but not other ex-felons, such as mentally disordered offenders -- to indefinite civil commitment.
Posted at 01:58 PM by Howard Bashman



"Sen. Leahy: Court's decision most partisan since Bush v. Gore." The Hill provides this news update.

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Leahy Lashes Out at Citizens United Ruling."

The prepared text of today's remarks on the floor of the U.S. Senate by Senator Patrick J. Leahy (D-VT) can be accessed here.
Posted at 01:44 PM by Howard Bashman



"On the stand, Scott Roeder admits to killing George Tiller": The Wichita Eagle has this news update.

And The Associated Press reports that "Defendant testifies he killed Kan. abortion doctor."
Posted at 01:40 PM by Howard Bashman



"Supreme Court moves right, focus on social issues": James Vicini of Reuters has this report.
Posted at 01:37 PM by Howard Bashman


"Alito disparages Obama's Supreme Court criticism": The Associated Press has this report.

At "The BLT: The Blog of Legal Times," Tony Mauro has posts titled "High Court is Rare Topic for State of the Union Speeches" and "Justice Alito's State of the Union Dissent."

Robert Barnes of The Washington Post has a news update headlined "History plays a role in Obama-Alito flap."

Jeffrey Toobin, CNN Senior Legal Analyst, has an essay headlined "Alito's reaction to Obama was fair." CNN.com also reports that "Gloves come off after Obama rips Supreme Court ruling,"

Politico.com has reports headlined "Orrin Hatch: Obama 'rude' to court" and "Sen. Russ Feingold: Samuel Alito behavior 'inappropriate.'"

In today's edition of The Wall Street Journal, my former Columbia College classmate Naftali Bendavid has an article headlined "At This Obama Speech, Courtesy From Ascendant Republicans."

At her "Crossroads" blog, CBS News correspondent Jan Crawford has a post titled "Obama Skewers Court--and Signals Change Ahead."

Slate's Dahlia Lithwick has a blog post titled "Leave Alito Alone."

Blogging at the web site of The Atlantic Monthly, Andrew Cohen has a post titled "SOTU: Anatomy of a 'Slam' That Wasn't."

At Salon.com, Glenn Greenwald has a blog post titled "Justice Alito's conduct and the Court's credibility."

And "InstaPundit" rounds up much more online coverage in posts you can access here and here.
Posted at 01:10 PM by Howard Bashman



Appellate two-fer: This morning's oral argument at the Third Circuit seemed to go very well. Once that court posts the oral argument audio online, I will link to it.

This afternoon, I will be filing in the Supreme Court of Pennsylvania a petition for allowance of appeal -- the Pa. state court equivalent of a cert. petition in the U.S. Supreme Court.

This afternoon's filing would seem to have a better than average chance of being granted, because it presents questions of separation of powers and judicial deference to the legislative branch. Moreover, Pennsylvania's highest court has already recognized that these particular questions would be deserving of resolution in an appropriate case.

You can access this afternoon's filing at this link, the decision sought to be reviewed at this link, and another law firm's online critique of that decision at this link. And for those who want to see what a petition for allowance of appeal that has actually been granted by Pennsylvania's highest court looks like, you can access two such examples here and here.
Posted at 01:07 PM by Howard Bashman



Wednesday, January 27, 2010

Programming note: On Thursday morning, I'll be presenting an oral argument to a three-judge panel of the U.S. Court of Appeals for the Third Circuit. Additional posts will appear here somewhat later in the day.
Posted at 11:04 PM by Howard Bashman


"2 thrown out of Bush event can't continue suit": The Associated Press has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued today.
Posted at 10:58 PM by Howard Bashman


"Dismantled: The public never saw artist Christoph Buchel's giant installation at Mass MoCA; Now, as the museum takes it apart, documents filed in a bitter lawsuit offer a behind-the-scenes look at just what went wrong." This article appeared in The Boston Globe back in October 2007. Today, the U.S. Court of Appeals for the First Circuit issued this lengthy decision in that lawsuit. Interestingly, The Boston Globe article that I have linked to above is mentioned in the first sentence of today's opinion.
Posted at 10:47 PM by Howard Bashman


"Obama: Supreme Court Opened the Floodgates for Special Interests." Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 10:40 PM by Howard Bashman


"Where to hold 9/11 trial? Not in NYC, some say." The Associated Press has this report.
Posted at 05:34 PM by Howard Bashman


"Bill would limit access to online court records": The Milwaukee Journal Sentinel has this news update.
Posted at 05:33 PM by Howard Bashman


"Defense lawyers rest case at gay marriage trial": The Associated Press has this report.
Posted at 04:32 PM by Howard Bashman


"All four articles of impeachment approved against Judge Porteous": Bruce Alpert of The Times-Picayune of New Orleans has this news update.

And at "The BLT: The Blog of Legal Times," David Ingram has a post titled "House Committee Adopts Articles of Impeachment Against Judge Porteous."
Posted at 02:10 PM by Howard Bashman



"Appeals court skeptical of campaign finance rules": Mark Sherman of The Associated Press has a report that begins, "In the first court hearing since the Supreme Court ruling on campaign finance regulations, a federal appeals court seemed poised Wednesday to strike down additional limits on money in politics."

And at "SCOTUSblog," Lyle Denniston has a post titled "The new world of campaign finance law: D.C. Circuit questions FEC restraints."
Posted at 02:07 PM by Howard Bashman



"State Supreme Court upholds law protecting children from porn": The Columbus Dispatch has a news update that begins, "A never-enforced state law designed to protect children from obscenity on the Internet does not infringe on the free-speech rights of adults, the Ohio Supreme Court ruled this morning."

And The Associated Press reports that "Ohio high court narrowly interprets anti-porn law."

You can access today's ruling of the Supreme Court of Ohio at this link. The court also issued a news release headlined "Court Agrees With AG's Reading of Law Banning Electronic Transmission of Pornography to Minors."

The case arrived at Ohio's highest court on certified question from the U.S. Court of Appeals for the Sixth Circuit.
Posted at 11:30 AM by Howard Bashman



"Oklahoma high court allows some use of line-item veto": This article appears today in The Oklahoman.

And The Tulsa World reports today that "Henry's use of line-item veto upheld; Lawmakers who brought the lawsuit disagree with the high-court ruling."

You can access yesterday's 5-4 ruling of the Supreme Court of Oklahoma at this link.
Posted at 08:10 AM by Howard Bashman



"Lively Arguments in Tobacco Case Center on Preclusive Effect of Factual Findings": Janet L. Conley of the Fulton County Daily Report has an article that begins, "In a lively and complex Gordian Knot of an argument before a federal appeals court on Tuesday, lawyers for the nation's largest tobacco companies wrangled with attorneys for a woman whose husband died of lung cancer over whether factual findings in a 2006 Florida state case may be applied in some 4,000 federal death and injury suits."

Bloomberg News reports that "Cigarette Makers Ask to Block Ruling in 4,000 Cases."

And The Associated Press reports that "Federal panel considers key Fla. tobacco appeal."
Posted at 08:03 AM by Howard Bashman



"Justices to hear appeal on Roundup Ready alfalfa seed": This article appears today in The Billings Gazette.
Posted at 07:58 AM by Howard Bashman


"Attacker hits chief justice with sneaker in face": The Associated Press has a report that begins, "An Israeli man hurled his sneakers at Israel's Supreme Court chief justice on Wednesday, striking her between the eyes, breaking her glasses and knocking her off her chair."

And The Jerusalem Post reports that "Man throws shoes at Justice Beinisch; Shoe hits Supreme Court president's head; man detained by court guards."
Posted at 07:52 AM by Howard Bashman



"Former Justice O'Connor Sees Ill in Election Finance Ruling": Adam Liptak has this article today in The New York Times.
Posted at 07:50 AM by Howard Bashman


"Campaign-finance fights not over; High court's ruling on spending limits was just one case": This article appears today in USA Today.
Posted at 07:48 AM by Howard Bashman


Tuesday, January 26, 2010

"Will California gay-marriage trial go to Supreme Court? As a federal court considers the constitutionality of a voter-approved ban in California, some gay-marriage advocates say a Supreme Court decision could be the best path to legalization." The Christian Science Monitor has this report.
Posted at 10:54 PM by Howard Bashman


"Dungeons & Dragons Prison Ban Upheld": In Wednesday's edition of The New York Times, John Schwartz will have an article that begins, "Prisons can restrict the rights of inmates to nerd out, a federal appeals court has found."

My earlier coverage of yesterday's Seventh Circuit ruling appears at this link.

Unfortunately, The NYTimes web site hasn't yet figured out the proper way to provide a working link to the Seventh Circuit's rulings.
Posted at 10:48 PM by Howard Bashman



"O'Connor: Corporate campaign funds could affect judiciary." Robert Barnes of The Washington Post has this news update, along with a blog post titled "O'Connor: 'Don't know' if Bush v. Gore the right decision."

And Bill Mears of CNN.com reports that "O'Connor talks politics, judicial independence."
Posted at 08:35 PM by Howard Bashman



"O'Connor Mildly Criticizes Court's Campaign Finance Decision": Adam Liptak has this post at "The Caucus" blog of The New York Times. Details of the event at which retired Justice Sandra Day O'Connor spoke today can be accessed here.

In somewhat related coverage, last Friday's edition of The Washington Times contained an article headlined "O'Connor exit set stage for campaign ad ruling."
Posted at 03:38 PM by Howard Bashman



"Courts deeply split on Ten Commandments displays": David L. Hudson Jr. has this commentary online today at the First Amendment Center.
Posted at 11:57 AM by Howard Bashman


"Fla. woman fights ruling that kept her in hospital": The Associated Press has this report.
Posted at 11:54 AM by Howard Bashman


"Witnesses describe events surrounding the shooting of George Tiller": This article appears today in The Kansas City Star.

The Wichita Eagle reports today that "Ushers say Roeder pointed a gun at them."

The Associated Press reports that "Abortion shooting case keeps focus on details."

And the February 2010 issue of GQ magazine contains a lengthy article headlined "Savior vs. Savior: Both men believed they were doing right: Dr. George Tiller was one of the last men in America willing to provide late-term abortions. Scott Roeder was convinced that killing his kind was the duty of the righteous. As Tiller's murder case goes to trial, and after hours of interviews with the accused, Devin Friedman re-creates the fateful day their paths--and their convictions--finally crossed."
Posted at 11:20 AM by Howard Bashman



New posts at "The Confrontation Blog": Yesterday afternoon and evening, law professor Richard D. Friedman added posts titled "G . . . VR in Briscoe" and "Cert petition on 'Who must testify?'"

The latter of those two posts begins, "Sooner or later, the Supreme Court will have to resolve the question of who must testify to the substance of a lab test."
Posted at 11:08 AM by Howard Bashman



"Supreme Court Left Donor Disclosure Rules Intact": This audio segment appeared on Monday evening's broadcast of NPR's "All Things Considered."

Today in The Washington Post, law professors Bruce Ackerman and Ian Ayres have an op-ed entitled "Despite court ruling, Congress can still limit campaign finance."

And online at Slate, law professor Barry Friedman and Dahlia Lithwick have a jurisprudence essay entitled "Speeding Locomotive: Did the Roberts Court misjudge the public mood on campaign finance reform?" In addition, law professor Nathaniel Persily has a jurisprudence essay entitled "The Floodgates Were Already Open: What will the Supreme Court's campaign finance ruling really change?"
Posted at 08:17 AM by Howard Bashman



"Gays have political power, Prop. 8 defense says": Bob Egelko has this article today in The San Francisco Chronicle.

Today in The Los Angeles Times, Maura Dolan reports that "Prop. 8 trial focuses on gays' political power; Kenneth P. Miller, a witness for opponents of same-sex marriage, is called to rebut arguments that gays need stronger legal protections."

The Sacramento Bee contains a front page article headlined "Professor testifies at Prop. 8 trial that gays don't lack clout."

The New York Times reports that "Supporters of Gay Marriage Ban Start Case."

Stu Woo of The Wall Street Journal reports that "Gay-Marriage Foes Make Their Case."

The Christian Science Monitor has an article headlined "Prop. 8 trial: defenders of gay-marriage ban make their case; In the federal trial on California's Prop. 8, defenders of the voter ban on gay marriage called their first witnesses Monday; Defense lawyers argue that gays and lesbians in California enjoy plenty of political power and do not need extra constitutional protection."

And law.com reports that "Proposition 8 Defense Seeks to Show Gays Have Power."
Posted at 08:10 AM by Howard Bashman



"Supreme Court dismisses challenge to ruling on forensic experts; Defendants will still have the right to demand live testimony from lab technicians and other experts who prepare reports for the prosecution": David G. Savage has this article today in The Los Angeles Times.

Today in The New York Times, Adam Liptak reports that "Court Refuses Noriega Case and Disposes of Another."

And Robert Barnes of The Washington Post reports that "Court won't block extradition of former Panamanian leader Noriega."
Posted at 08:00 AM by Howard Bashman



"States Weigh Judicial Recusals; Some Judges, Businesses Oppose Restrictions on Cases Involving Campaign Contributors": Nathan Koppel has this article today in The Wall Street Journal.
Posted at 07:45 AM by Howard Bashman


Monday, January 25, 2010

"Court OKs 'John Doe' warrants based only on DNA": The Associated Press has a report that begins, "The California Supreme Court has authorized so-called 'John Doe' arrest warrants that contain only a DNA profile of an unknown suspect."

You can access today's 5-2 ruling of the Supreme Court of California at this link.
Posted at 04:11 PM by Howard Bashman



"Supreme Court won't halt Noriega's extradition to France": Warren Richey of The Christian Science Monitor has this report.
Posted at 04:08 PM by Howard Bashman


"NRA Will Argue in Second Amendment Case": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 04:04 PM by Howard Bashman


Seventh Circuit rejects state prisoner's challenge to a Wisconsin prison's ban on the role-playing game Dungeons and Dragons: Hey, so long as prisons don't ban Call of Duty: Modern Warfare 2, everything should be copacetic. You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.

Update: Chief Judge Frank H. Easterbrook was on this three-judge panel, although he is not the author of the panel's opinion. To hear what Chief Judge Easterbrook had to say about D&D during the oral argument, you can download the oral argument audio via this link (4.03MB mp3 audio file).

And in early news coverage, The Associated Press reports that "Wisconsin inmate loses Dungeons and Dragons fight."
Posted at 02:14 PM by Howard Bashman



Greg Stohr of Bloomberg News is reporting: He has articles headlined "New York City Tobacco Tax Suits Limited by Top Court" and "Chase May Get U.S. High Court Review in Credit-Card Rate Case."
Posted at 02:07 PM by Howard Bashman


"Court seeks government view on Chase credit card case": James Vicini of Reuters has this report.

And last Friday he had an article headlined "Corporate ruling no sign of U.S. high court direction."
Posted at 02:03 PM by Howard Bashman



"After 34 Years, a Plainspoken Justice Gets Louder": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 01:54 PM by Howard Bashman


"Briscoe v. Virginia Ends With a Whimper": Orin Kerr has this post at "The Volokh Conspiracy."
Posted at 01:52 PM by Howard Bashman


"Court stops NYC suit vs. online cigarette vendor": The Associated Press has this report.
Posted at 11:18 AM by Howard Bashman


Is the term "adult oriented store" found in a Connecticut town's zoning ordinance unconstitutionally vague as applied? In a ruling issued today, a three-judge panel of the U.S. Court of Appeals for the Second Circuit answers "no" by a 2-1 vote.
Posted at 10:57 AM by Howard Bashman


Access online today's Order List and opinions in argued cases from the U.S. Supreme Court: The Court today issued one signed opinion in an argued case and one per curiam opinion in an argued case.

You can access today's Order List at this link. The Court today granted review in two cases but consolidated them for a total of one hour of oral argument. The Court also asked for the views of the Solicitor General in two cases. And Justice Clarence Thomas's dissent from the denial of certiorari in Noriega v. Pastrana, No. 09-35, in which Justice Antonin Scalia joined, can be accessed here.

Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in part in Hemi Group, LLC v. City of New York, No. 08-969. Justices Scalia, Thomas, and Samuel A. Alito, Jr. joined the Chief Justice's opinion in full. Justice Ruth Bader Ginsburg joined the Chief Justice's opinion in part. Justice Ginsburg also issued an opinion concurring in part and concurring in the judgment. Justice Stephen G. Breyer issued a dissenting opinion, in which Justices John Paul Stevens and Anthony M. Kennedy joined. Justice Sonia Sotomayor did not take part in the decision. You can access the oral argument transcript at this link.

The Court today also issued a per curiam opinion in Briscoe v. Virginia, No. 07-11191. Oral argument of this case occurred just two weeks ago, and you can access the oral argument transcript at this link.

At "SCOTUSblog," Lyle Denniston has a post titled "A Boumediene sequel bypassed."

And in early news coverage, The Associated Press has reports headlined "Court won't stop Noriega from being sent to France" and "High court clears way for Virginia execution."
Posted at 10:06 AM by Howard Bashman



"Judge, Facing Impeachment, Mounts His Defense": David Ingram has this post at "The BLT: The Blog of Legal Times."
Posted at 08:05 AM by Howard Bashman


"What Should Congress Do About Citizens United?" Law professor Laurence H. Tribe has this guest post at "SCOTUSblog."
Posted at 08:03 AM by Howard Bashman


"Prosecutors build case in slaying of abortion doc": The Associated Press has this report.

The AP also has a report headlined "Abortion foes keep Kan. court fuss alive" that begins, "An anti-abortion group campaigning to unseat at least one Kansas Supreme Court justice also wants to change how new justices are selected."

The Christian Science Monitor reports that "Abortion in spotlight with Roe v. Wade anniversary, Kansas trial; The trial of a man charged with killing an abortion doctor in Kansas opened Friday on the anniversary of the Roe v. Wade ruling on abortion rights; A precedent could be set if the defendant is allowed to argue he believed deadly force was needed to save the lives of unborn children."

And The Yale Daily News reports that "Pro-life group struggles to find place on liberal campus."
Posted at 08:00 AM by Howard Bashman



"Death row inmates stay indefinitely; No one has been executed in Pennsylvania since 1999": This article appears today in The Pittsburgh Post-Gazette.
Posted at 07:55 AM by Howard Bashman


"Democrats Seek to Counter Court Ruling on Political Spending": Jess Bravin and Brody Mullins have this article today in The Wall Street Journal.

Today's edition of The New York Times contains articles headlined "A Quest to End Spending Rules for Campaigns" and "Court Ruling Invites a Boom in Political Ads."

The Arizona Republic reports that "Courts throw curve at Ariz. elections; Rulings could affect outcomes."

And in The Washington Post, columnist E.J. Dionne Jr. has an op-ed entitled "Supreme Court ruling calls for a populist revolt."
Posted at 07:52 AM by Howard Bashman



"Obama to skip jury duty in Bridgeview": The Chicago Tribune has this report.
Posted at 07:42 AM by Howard Bashman


"An NFL apparel conspiracy? American Needle Inc. is suing the league after it lost a contract to make team-affiliated sportswear." This editorial appears today in The Los Angeles Times.
Posted at 07:40 AM by Howard Bashman


Sunday, January 24, 2010

"Plessy, Ferguson united": The Topeka Capital-Journal has this news update.
Posted at 08:35 PM by Howard Bashman


"Public still waiting for ex-county judges' court date": Today's edition of The Times Leader of Wilkes-Barre, Pennsylvania contains an article that begins, "Laurene Transue is looking forward to the day when former Luzerne County judges Mark Ciavarella and Michael Conahan appear in court to face charges related to the juvenile justice scandal that ensnared her daughter and thousands of other youths."
Posted at 02:03 PM by Howard Bashman


"ACLU May Reverse Course on Campaign Finance Limits After Supreme Court Ruling": Joseph Goldstein has this article today at the web site of The New York Sun.

The Christian Science Monitor has reports headlined "'Fighting' Obama hits Supreme Court over campaign finance; The Supreme Court's 5-4 ruling striking down a 2002 campaign finance reform law 'strikes at democracy itself,' Obama says in his weekly address; Republicans say 'free speech' -- even in the form of money -- strengthens democracy" and "Campaign finance ruling: Can Congress do anything? The Supreme Court's campaign finance ruling was based on the US Constitution; This makes it particularly hard for Congress to do anything but modify campaign finance law -- public disclosure provisions, for example."

And the Week in Review section of today's edition of The New York Times contains an article headlined "Does Corporate Money Lead to Political Corruption?"
Posted at 11:22 AM by Howard Bashman



"Pa. jurists' focus: Fixing city courts; The state Supreme Court wants changes made and an accounting of why so many cases fail." This front page article appears today in The Philadelphia Inquirer.
Posted at 11:17 AM by Howard Bashman


"No secession vote for Alaska, state Supreme Court rules; Consultant had sought to change the constitution": Yesterday's edition of The Anchorage Daily News contained an article that begins, "The Alaska Supreme Court has rejected an Anchorage man's effort to change the Alaska Constitution so that he could call a vote for secession from the United States."

You can access the recent ruling of the Supreme Court of Alaska at this link.
Posted at 11:15 AM by Howard Bashman



"U.S. Supreme Court: Showing the naughty bits at the airport?" Michael Kirkland of UPI has this report.
Posted at 11:11 AM by Howard Bashman


Saturday, January 23, 2010

"A bold conservative step from Supreme Court; When justices last week ruled to strike down laws limiting corporate political spending, they signaled a tough road ahead for Democrats' regulatory measures": David G. Savage will have this article Sunday in The Los Angeles Times.

And in Sunday's edition of The Washington Post, Robert Barnes will have an article headlined "Justice Kennedy was key to conservatives' win in campaign finance decision."
Posted at 10:28 PM by Howard Bashman



"Justices Turn Minor Movie Case Into a Blockbuster": Adam Liptak has this article today in The New York Times. The newspaper also reports that "24 States' Laws Open to Attack After Campaign Finance Ruling."

Tony Mauro of The National Law Journal reports that "Risky Strategy Leads to Big High Court Win; Theodore Olson urged justices to throw out precedent on corporate campaign contributions."

Today in The Wall Street Journal, Bradley A. Smith has an op-ed entitled "Newsflash: First Amendment Upheld; An end to giving political speech less protection than pornography."

Online at Slate, David Kairys has a jurisprudence essay entitled "Money Isn't Speech and Corporations Aren't People: The misguided theories behind the Supreme Court's ruling on campaign finance reform."

And online at the First Amendment Center, David L. Hudson Jr. has a commentary entitled "Lone vote vs. campaign-ad disclosure: Thomas."
Posted at 02:08 PM by Howard Bashman



"Activists see threat to Roe precedent": Josh Gerstein has this article today at Politico.com.
Posted at 10:44 AM by Howard Bashman


"Prison waste is matter for court; Justices to rule if feces on floor equals assault": This article appeared Thursday in The Concord (N.H.) Monitor.
Posted at 10:42 AM by Howard Bashman


"5-4 split is the rule in high court's big cases": Mark Sherman of The Associated Press has this report.
Posted at 10:40 AM by Howard Bashman


Friday, January 22, 2010

"Judge dumps suit over Bush-era wiretapping": Bob Egelko of The San Francisco Chronicle has this news update.

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

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

The organization Electronic Frontier Foundation has issued a news release headlined "EFF Plans Appeal of Jewel v. NSA Warrantless Wiretapping Case; Court Rules That Mass Surveillance of Americans is Immune From Judicial Review."
Posted at 06:07 PM by Howard Bashman



"The Art of the Steal": A soon-to-be-released documentary about moving the holdings of The Barnes Foundation from the location in Merion, Pennsylvania that the late Albert C. Barnes personally selected to a museum located in center city Philadelphia has been receiving very positive advance reviews. You can view the film's trailer at this link.
Posted at 04:12 PM by Howard Bashman


"Court Gives Equal Standing to Gay Parents in Custody Cases": Leo Strupczewski of The Legal Intelligencer has this news update (subscription required).

You can access yesterday's en banc ruling of the Superior Court of Pennsylvania at this link.
Posted at 04:02 PM by Howard Bashman



"The Emerging Law of Detention: The Guantanamo Habeas Cases as Lawmaking." Last night, I had this post linking to an audio segment that would appear (and since has appeared) on today's broadcast of NPR's "Morning Edition."

The subject of the NPR segment is a study that bears today's date written by Benjamin Wittes of the Brookings Institution and Robert Chesney of the University of Texas Law School. The study is now available online, and you can access it either here (PDF consisting of full report) or here (executive summary in HTML).
Posted at 03:10 PM by Howard Bashman



"Court: 'Tomboy' clerk can sue hotel over firing." The Associated Press has a report that begins, "An Iowa hotel clerk who claims she was fired because she wasn't pretty enough can sue the hotel where she worked, a federal appeals court has ruled."

You can access yesterday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 02:45 PM by Howard Bashman



"Incorporation and Originalist Theory": Law professor Lawrence B. Solum has posted this article online at SSRN. According to the article's abstract, the article addresses "Does the Fourteenth Amendment of the United States Constitution incorporate the Bill of Rights contained in the first eight amendments? And how should an originalist answer that question?"
Posted at 12:54 PM by Howard Bashman


"Opening statements begin in abortion slaying trial": The Associated Press has this report.
Posted at 12:37 PM by Howard Bashman


"Disenclerking the Supreme Court": Guest bloggers Craig Lerner and Nelson Lund have this post today at "The Volokh Conspiracy."
Posted at 12:18 PM by Howard Bashman


Now we know for sure -- that Crash Test Dummies song is indecent! This morning at his "Suits & Sentences" blog, Michael Doyle of McClatchy's Washington Bureau has a post titled "Marine court martialed for saying 'mmmm-mmmm-mmmm.'"

You can view a video of "Mmm Mmm Mmm Mmm" on YouTube by clicking here.
Posted at 12:03 PM by Howard Bashman



"Roeder trial begins on Roe v. Wade anniversary": This article appears today in The Wichita Eagle.

The Kansas City Star reports today that "Opening statements in Roeder trial expected Friday."

And today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Trial To Start For Abortion Doctor's Alleged Killer."
Posted at 08:47 AM by Howard Bashman



"Justices, 5-4, Reject Corporate Spending Limit": Adam Liptak has this article today in The New York Times. The newspaper also contains an article headlined "Lobbyists Get Potent Weapon in Campaign Finance Ruling" and an editorial entitled "The Court's Blow to Democracy."

In today's edition of The Washington Post, Robert Barnes and Dan Eggen report that "Supreme Court rejects limits on corporate spending on political campaigns." Barnes also has a news analysis headlined "High court shows it might be willing to act boldly." The newspaper also contains an article headlined "Citizens United used 'Hillary: The Movie' to take on McCain-Feingold"; an editorial entitled "The Supreme Court removes important limits on campaign finance"; and an op-ed by Michael Waldman entitled "Campaign finance ruling reflects Supreme Court's growing audacity."

In today's edition of The Los Angeles Times, David G. Savage reports that "Supreme Court OKs unlimited corporate spending on elections; The justices overturn a century of U.S. electoral law by a 5-4 vote; Millions of extra dollars are expected to start flowing from big business to Republican candidates." The newspaper also contains articles headlined "Court ruling on campaign spending could pay off for GOP; Unfettered corporate contributions, coming on top of the Massachusetts Senate vote, may spell a double whammy for Democrats in congressional midterm elections" and "Supreme Court's ruling on corporate campaign spending could affect state races; Sen. Barbara Boxer's reelection campaign will largely be the testing ground for the new rules in California," along with an editorial entitled "The 1st Amendment and corporate campaigning: Thursday's U.S. Supreme Court ruling that rolls back limits on corporate political spending could strengthen the hand of special interests" and an op-ed by Erwin Chemerinsky entitled "Conservatives embrace judicial activism in campaign finance ruling; The Supreme Court's decision in favor of corporate spending in elections makes previous rhetoric laughable."

In USA Today, Fredreka Schouten and Joan Biskupic have a front page article headlined "It's a new era for campaign spending; High court rejects limits on well-funded backers." Biskupic also has an article headlined "In dissent, a weary Stevens bemoans changed court." You can click here for a more detailed online version of the article about Justice Stevens. And the newspaper contains an editorial entitled "Court's campaign ruling threatens the public interest; It's hard to see what good can come from unleashing companies, unions."

In The Wall Street Journal, Jess Bravin reports that "Court Kills Limits on Corporate Politicking." The newspaper also contains an article headlined "Big Donors Plan Boost in Campaign Spending" and an editorial entitled "A Free Speech Landmark: Campaign-finance reform meets the Constitution."

David Lightman, Margaret Talev and Michael Doyle of McClatchy Newspapers report that "Ruling could magnify special interests' role in U.S. politics." Doyle also has an article headlined "Who's activist now? In election spending case, conservatives." And an article reports that "For longtime campaign limit foe, court's ruling is a victory."

Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court: Campaign-finance limits violate free speech; The Supreme Court campaign finance ruling on Thursday means corporations can spend freely on political ads leading up to elections; The Thursday decision invalidates a part of 2002 McCain-Feingold campaign-finance reform law that sought to limit corporate influence." The publication also has an editorial entitled "Supreme Court opens the money gates; By allowing more corporate and union money in federal campaigns, the high court risks corrupting lawmaking; Watchdogs must stay alert."

Tony Mauro of The National Law Journal reports that "Critics, Dissenters Predict Wave of Corporate Money After Campaign Finance Ruing."

The Washington Times reports that "High court unleashes political ad spending."

The Philadelphia Inquirer reports that "Justices shift campaign-finance rules."

And today's broadcast of NPR's "Morning Edition" contained audio segments entitled "High Court Issues Key Ruling On Campaign Finance" (featuring Nina Totenberg) and "Honest Ads May Be By-Product Of Landmark Ruling."
Posted at 08:40 AM by Howard Bashman



"A Less Discretionary Docket for the Supreme Court": Guest bloggers Craig Lerner and Nelson Lund had this post yesterday at "The Volokh Conspiracy."
Posted at 08:10 AM by Howard Bashman


"11th Circuit: 'Sex Specific' Profanity Could Win Harassment Case." Alyson M. Palmer of the Fulton County Daily Report has this article about Wednesday's en banc ruling of the U.S. Court of Appeals for the Eleventh Circuit.

My earlier coverage of that ruling appears here.
Posted at 08:07 AM by Howard Bashman



"Judge Thomas Porteous not trustworthy, task force declares": Today in The Times-Picayune of New Orleans, Bruce Alpert has an article that begins, "A House task force Thursday recommended that U.S. District Judge Thomas Porteous be impeached because of a 'long-standing pattern of corrupt conduct.' The panel unanimously approved four articles of impeachment, which will be considered by the House Judiciary Committee in the next week or two."
Posted at 07:40 AM by Howard Bashman


"Plain View for Computer Searches Generates Two Circuit Splits in Two Days: United States v. Williams and United States v. Mann." Orin Kerr has this post at "The Volokh Conspiracy."
Posted at 07:35 AM by Howard Bashman


"Detainees Will Still Be Held, but Not Tried, Official Says": In today's edition of The New York Times, Charlie Savage has an article that begins, "The Obama administration has decided to continue to imprison without trials nearly 50 detainees at the Guantanamo Bay military prison in Cuba because a high-level task force has concluded that they are too difficult to prosecute but too dangerous to release, an administration official said on Thursday."

The newspaper also contains an article headlined "Governors I. Terror Trial? Unlikely but Under Study" about where the trial of Khalid Shaikh Mohammed may occur.

And today's edition of The Washington Post contains a front page article headlined "Justice task force recommends about 50 Guantanamo detainees be held indefinitely."
Posted at 07:30 AM by Howard Bashman



Thursday, January 21, 2010

Citizens United A.V. Club: On this evening's broadcast of the CBS Evening News, Jan Crawford had this video report.

This evening's broadcast of the PBS show "The NewsHour with Jim Lehrer" contained video segments entitled "High Court Reverses Campaign Spending Limits" and "Implications of Supreme Court Ruling."

This evening's broadcast of NPR's "All Things Considered" contained audio segments entitled "Supreme Court Eases Campaign Finance Curbs" (featuring Nina Totenberg); "Lawmakers Weigh Ruling On Campaign Finance"; and "Opposing Views Of Campaign Finance Decision."

Today's broadcast of NPR's "Talk of the Nation" contained an audio segment entitled "Supreme Court Lifts Campaign Spending Limits" featuring David G. Savage.

And C-SPAN has posted this video of reactions to today's ruling from the U.S. Supreme Court's plaza.
Posted at 10:52 PM by Howard Bashman



Lyle Denniston of "SCOTUSblog" is reporting: He has posts titled "The personhood of corporations" and "A new law to offset Citizens United? The President calls for action."
Posted at 10:40 PM by Howard Bashman


In Bashman news from Australia: Northern Territory News of Darwin, Australia reports today that "30 thugs bash man in street."
Posted at 10:37 PM by Howard Bashman


"Courts Write Own Rules On Detainees, Study Says": This audio segment will appear on Friday's broadcast of NPR's "Morning Edition."
Posted at 10:22 PM by Howard Bashman


"The Pinocchio Project: Watching as the Supreme Court turns a corporation into a real live boy." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 05:24 PM by Howard Bashman


"Calif. high court strikes down medical pot limits": The Associated Press has a report that begins, "A unanimous California Supreme Court has struck down a law that sought to impose limits on the amount of marijuana a medical patient can legally possess."

You can access today's ruling of the Supreme Court of California at this link.
Posted at 04:40 PM by Howard Bashman



"What Will Citizens United Do to the 2010 Election Cycle?" Ashby Jones has this post at WSJ.com's "Law Blog."

And the "Room for Debate" blog of The New York Times is examining "How Corporate Money Will Reshape Politics."
Posted at 03:42 PM by Howard Bashman



"Obama Resubmits Three DOJ Nominees to U.S. Senate": Mike Scarcella has this post today at "The BLT: The Blog of Legal Times."
Posted at 02:34 PM by Howard Bashman


"Obama blasts Court decision on campaign finance": Mark Sherman of The Associated Press has this report.
Posted at 02:18 PM by Howard Bashman


"House panel recommends impeaching Louisiana judge": The Associated Press has a report that begins, "A House task force has recommended that Congress impeach a federal judge from Louisiana for misconduct that lawmakers say goes back decades. The panel voted unanimously Thursday to proceed with four articles of impeachment against U.S. District Judge Thomas Porteous."

And yesterday evening, Bruce Alpert of The Times-Picayune of New Orleans had a report headlined "Judge Thomas Porteous impeachment case on agenda for a preliminary vote."
Posted at 02:00 PM by Howard Bashman



In coverage of today's Citizens United ruling from Jan Crawford of CBS News at her "Crossroads" blog: Jan has posts titled "Supreme Court Ruling Will Cause Major Upheaval in Campaigns" and "Justice Stevens Stumbles."
Posted at 01:57 PM by Howard Bashman


"Supreme Court rejects limits on corporate spending in electoral campaigns": Robert Barnes and Dan Eggen of The Washington Post have this news update.

Joan Biskupic and Fredreka Schouten of USA Today have a news update headlined "Supreme Court rolls back campaign spending limits."

The Washington Times has a news update headlined "Divided court strikes down campaign money restrictions."

Today on the west coast broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment entitled "Supreme Court Rejects Campaign Spending Limits."

Online at Slate, law professor Richard L. Hasen has a jurisprudence essay entitled "Money Grubbers: The Supreme Court kills campaign-finance reform."

Moreover, at his "Election Law Blog," Hasen has a post titled "Got You to Say 'Bush v. Gore'!"

And at "SCOTUSblog," Lyle Denniston has a post titled "A few open, or not so open, questions: The next campaign finance lawsuit?"
Posted at 01:45 PM by Howard Bashman



"Supreme Court Strikes Down Bans on Corporate Spending in Elections": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 12:00 PM by Howard Bashman


"Supreme Court overturns ban on direct corporate spending on elections; In a 5-4 decision that strikes down a 1907 law, the justices say the 1st Amendment gives corporations, just like individuals, a right to spend their own money on political ads for federal candidates": David G. Savage of The Los Angeles Times has this news update.

And Jess Bravin of The Wall Street Journal has a news update headlined "Supreme Court Overturns Limits on Corporate Spending in Political Campaigns."
Posted at 11:57 AM by Howard Bashman



"Justices Block Key Part of Campaign Law": Adam Liptak of The New York Times has this news update.

And Michael Doyle of McClatchy Newspapers reports that "Supreme Court ends limits on corporate campaign spending."
Posted at 11:22 AM by Howard Bashman



"Court decision opens new avenues for corporate political spending": Politico.com has this report.

Greg Stohr of Bloomberg News reports that "Corporate Campaign Spending Backed by U.S. High Court."

James Vicini of Reuters reports that "Supreme Court rejects corporate campaign spending limits."

And Bill Mears of CNN.com reports that "Supreme Court eases restrictions on corporate campaign spending."
Posted at 10:36 AM by Howard Bashman



The U.S. Supreme Court has announced its ruling in Citizens United v. Federal Election Comm'n, No. 08-205: Justice Anthony M. Kennedy delivered the opinion of the Court, in which the Chief Justice and Justices Antonin Scalia and Samuel A. Alito, Jr. joined in full. Justice Clarence Thomas joined all of the opinion of the Court except for part IV. Justices John Paul Stevens, Ruth Bader Ginsburg, Stephen G. Breyer, and Sonia Sotomayor joined only part IV of the opinion of the Court.

In addition to the opinion of the Court, four other Justices wrote separately. The Chief Justice filed a concurring opinion, in which Justice Alito joined. Justice Scalia filed a concurring opinion, in which Justice Alito joined in full and Justice Thomas joined in part. Justice Stevens filed an opinion concurring in part and dissenting in part, in which Justices Ginsburg, Breyer, and Sotomayor joined. And Justice Thomas filed an opinion concurring in part and dissenting in part.

You can access the 183-page ruling at this link. This is the only decision that the Court is announcing today.

In early news coverage, Mark Sherman of The Associated Press reports that "Court rolls back campaign spending limits."
Posted at 10:01 AM by Howard Bashman



Some resources pertaining to the U.S. Supreme Court's anticipated ruling, moments from now, in Citizens United v. Federal Election Comm'n, No. 08-205: At 10 a.m. eastern time today, the U.S. Supreme Court is expected to issue its long-awaited ruling in the Citizens United campaign finance case.

The case was first argued to the Supreme Court on March 24, 2009. You can access the transcript of that oral argument at this link. I collected news coverage of that oral argument in posts you can access here and here.

The Court then took the unusual step of listing the case for reargument and setting the reargument for September 9, 2009. You can access the transcript of the reargument at this link. I collected news coverage of the reargument in a post you can access here.
Posted at 09:57 AM by Howard Bashman



"Macon native Martin will be new 11th Circuit judge": This article appears today in The Macon Telegraph.
Posted at 09:50 AM by Howard Bashman


"In a first test for court watchers, Sotomayor upholds death sentence": Robert Barnes has this article today in The Washington Post.
Posted at 07:14 AM by Howard Bashman


"Judge Rules in Favor of Plaintiffs' Experts in Hormone Replacement Therapy Cases; The experts are slated to testify in trials starting today and Monday": Amaris Elliott-Engel has this article today in The Legal Intelligencer.
Posted at 07:10 AM by Howard Bashman


Wednesday, January 20, 2010

"Senate panel to vote on Rhode Islander nominated to federal bench": Thursday's edition of The Providence Journal will contain an article that begins, "Rhode Island Superior Court Judge O. Rogeriee Thompson's nomination to the federal appeals court in Boston is slated for what Democrats hope will be a favorable bipartisan vote in the Senate Judiciary Committee Thursday, despite a less-than-stellar rating from the American Bar Association."
Posted at 10:30 PM by Howard Bashman


"Supreme Court Announces Special Sitting, Issues 3 Rulings": Tony Mauro of The National Law Journal has this report.
Posted at 10:25 PM by Howard Bashman


En banc Eleventh Circuit decides lewd language in workplace case: You can access today's unanimous ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link. The original three-judge panel's ruling, from April 2008, can be accessed here.

Alyson M. Palmer of the Fulton County Daily Report has previously covered this case in articles headlined "11th Circuit OKs Suit Based on Sexual Language in Office; Panel allows suit for language derogatory to women -- but not aimed at the plaintiff -- to go forward"; "A Second Blush for Dirty Words in Workplace; 11th Circuit to rehear Ala. woman's bias victory over men's salty language"; and "In Code and in Specifics, Judges Debate Lewd Office Talk; Plaintiff argues that workplace use of gender-based slurs is discrimination."
Posted at 08:40 PM by Howard Bashman



"Are Class Actions Unconstitutional?" Daniel Fisher has this article in the February 8, 2010 issue of Forbes Magazine.
Posted at 08:02 PM by Howard Bashman


"Campaign-Finance Ruling May Be Ready at High Court": Greg Stohr of Bloomberg News has this report.
Posted at 07:58 PM by Howard Bashman


"Too Terrible To Be True? Why aren't we talking about the new accusations of murder at Gitmo?" Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 07:35 PM by Howard Bashman


"Ruling: Justice Keller should stay." The San Antonio Express-News has an update that begins, "Texas Court of Criminal Appeals Judge Sharon Keller shouldn't lose her job or be punished 'beyond the public humiliation she has surely suffered' for refusing to accept a last-minute appeal from a death-row inmate, a special master presiding over her ethics trial concluded Wednesday."

Chuck Lindell of The Austin American-Statesman has a blog post titled "Keller should not be removed from office, special judge says."

And Mary Alice Robbins of Texas Lawyer reports that "Special Master Finds CCA Presiding Judge Sharon Keller Should Not Be Punished."

You can access the special master's findings of fact, dated yesterday and made public today, at this link.
Posted at 06:18 PM by Howard Bashman



"Lambda Legal Sues U.S. Office of Personnel Management on Behalf of Lesbian Federal Court Employee Whose Wife Was Denied Insurance": The organization Lambda Legal issued this news release today.

In this post at his "Law Dork" blog, Chris Geidner provides a link to the complaint initiating suit.
Posted at 04:42 PM by Howard Bashman



"High court excludes Charlotte from water suit": The Charlotte Observer has this news update.

And The Associated Press reports that "SC loses round in high court water fight with NC."
Posted at 04:36 PM by Howard Bashman



"Ruth Bader Ginsburg '59: Over the course of five decades, U.S. Supreme Court Associate Justice Ruth Bader Ginsburg has cracked long-solid glass ceilings as a civil rights advocate, a tenured Law School professor, and the second woman to serve on the country's highest court." This interview appears online at the web site of the Columbia Law School Magazine.

The magazine also has an article headlined "In session: Thanks to a rich tradition of faculty and alumni serving in the judiciary, Columbia Law School students have an opportunity to learn from some of the nation's most distinguished judges."
Posted at 03:38 PM by Howard Bashman



"Three Californians Up for Federal Bench": John Roemer and Rebecca Beyer have this article today in The Daily Journal of California. According to the article, "Goodwin H. Liu, a UC Berkeley School of Law associate dean and constitutional scholar, is said to be an Obama pick for one of the two vacant seats on the 9th U.S. Circuit Court of Appeals."

Also today, Jeffrey Toobin has a blog post titled "One Year: Where Are the Judges?" at the web site of The New Yorker.

And in The Des Moines Register, law professor Carl Tobias has an op-ed entitled "Obama, Senate must move quickly to fill judicial vacancies."
Posted at 03:27 PM by Howard Bashman



"Well, isn't that special!" Robert Barnes of The Washington Post has a blog post titled "Supreme Court schedules special Thursday session."

And Adam Liptak of The New York Times has a blog post titled "Court Sets Unusual Special Session for Thursday."
Posted at 03:12 PM by Howard Bashman



"Anonymous Supreme Court Opinions": Guest bloggers Craig Lerner and Nelson Lund have this post today at "The Volokh Conspiracy."
Posted at 03:04 PM by Howard Bashman


"Senate confirms Martin as federal appeals court judge in Atlanta": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "The Senate on Wednesday unanimously confirmed President Barack Obama's nominee, Beverly Martin, for a seat on the federal appeals court in Atlanta."

And at "The BLT: The Blog of Legal Times," David Ingram has a post titled "Senate Confirms Circuit Judge, Obama's Fourth."
Posted at 03:00 PM by Howard Bashman



"Allegations: Kline lied, misled; Former state attorney general to appear before disciplinary board." This article appears today in The Topeka Capital-Journal.

The Wichita Eagle reports today that "Ethics panel summons Phill Kline."

The Kansas City Star reports that "Former Kansas Attorney General Phill Kline faces ethics complaint."

And The Associated Press reports that "Ex-AG Phill Kline faces complaint over investigations of abortion providers."
Posted at 01:34 PM by Howard Bashman



"Scotus open-jury-selection ruling causes mistrial": Josh Gerstein has this post at his "Under the Radar" blog at Politico.com.

And the "Crime Blog" of The Dallas Morning News has a related post titled "Judge grants a mistrial in the Jibreel Rashad case, re-starts jury selection."
Posted at 01:24 PM by Howard Bashman



"Court schedules unusual Thursday session": The Associated Press has a report that begins, "The Supreme Court will meet in an unusual session on Thursday to issue opinions, raising the possibility that a closely watched campaign finance case could be handed down."

At "SCOTUSblog," Lyle Denniston has a post that begins, "Special sitting tomorrow, opinion(s) due; Chance for Citizens United ruling."

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Supreme Court Announces Special Sitting Thursday."
Posted at 01:10 PM by Howard Bashman



"Don't Try It, Banks! Big banks are considering challenging Obama's proposed tax as unconstitutional; This is a bad idea." Daniel Gross has this moneybox essay online at Slate.
Posted at 10:23 AM by Howard Bashman


Access online today's opinions in argued cases from the U.S. Supreme Court: First up today, the Court issued its ruling in Wood v. Allen, No. 08-9156. Justice Sonia Sotomayor delivered the opinion of the Court. Justice John Paul Stevens issued a dissenting opinion, in which Justice Anthony M. Kennedy joined. You can access the oral argument transcript at this link.

In the second decision announced today, the Court issued its ruling in South Carolina v. North Carolina, No. 138 Orig. The decision does not compel these States to combine into a single State to be known as Carolina. Justice Samuel A. Alito, Jr. issued the opinion of the Court. The Chief Justice issued an opinion concurring in the judgment in part and dissenting in part, in which Justices Clarence Thomas, Ruth Bader Ginsburg, and Sotomayor joined. You can access the oral argument transcript at this link.

For its third and final decision announced today, the Court issued its ruling in Kucana v. Holder. No. 08-911. Justice Ginsburg delivered the opinion of the Court, in which all Justices joined except for Justice Alito, who issued an opinion concurring in the judgment. You can access the oral argument transcript at this link.

In early news coverage, The Associated Press reports that "Court upholds death sentence for Ala. man."

Finally, "SCOTUSblog" confirms that the much anticipated election law-campaign finance decision in the Citizens United case will not be announced today. The Court could issue additional opinions in argued cases on Monday of next week.
Posted at 10:07 AM by Howard Bashman



"No Supreme Court hearing for mom who asked to read Bible to son's class; The US Supreme Court on Tuesday refused to hear the appeal of a Pennsylvania mom who sought to read five verses of Psalms from the Bible as part of her son's 'All About Me' classroom assignment": Warren Richey of The Christian Science Monitor has this report.

And at the "School Law" blog of Education Week, Mark Walsh has a post titled "Justices Refuse Appeal on Mother's Bible-Reading in Class."
Posted at 09:45 AM by Howard Bashman



"Legal Terrain Unchanged In Obama's First Year": Jan Crawford has this post at her "Crossroads" blog at CBSNews.com.
Posted at 08:27 AM by Howard Bashman


"How Great Judges Think: Judges Richard Posner, Henry Friendly, and Roger Traynor on Judicial Lawmaking." Law professor Edmund Ursin has posted this article online at SSRN (via "Legal Theory Blog").
Posted at 08:24 AM by Howard Bashman


"Torture Memo Author On Only Regret": Yesterday's broadcast of NPR's "All Things Considered" contained this audio segment featuring law professor John Yoo.
Posted at 08:22 AM by Howard Bashman


"Sanders says bias behind gay-marriage ban; S.D. mayor testifies about own past prejudice at trial": This article appears today in The San Diego Union-Tribune.

Today in The San Francisco Chronicle, Bob Egelko has an article headlined "How San Diego mayor shifted on gay marriage."

And in The San Jose Mercury News, Howard Mintz has an article headlined "Prop. 8 trial: San Diego Mayor Jerry Sanders says lesbian daughter should have right to wed."
Posted at 08:20 AM by Howard Bashman



"High Court rejects state's prisons edict appeal": Bob Egelko has this article today in The San Francisco Chronicle.

And today in The Sacramento Bee, Denny Walsh reports that "Supreme Court denies prison appeal; Order stands that state slash its inmate population."
Posted at 08:17 AM by Howard Bashman



"Questions raised about anti-abortion groups getting Va. license plate fee": This article appears today in The Washington Post.
Posted at 08:12 AM by Howard Bashman


"McCollum threatens suit to halt healthcare mandate; Attorney General Bill McCollum was accused of playing politics after he announced a plan to sue to block a provision in Congress' health reform package": Today's edition of The Miami Herald contains an article that begins, "Florida Attorney General Bill McCollum said Tuesday that Congress has no constitutional right to force people to buy health insurance -- and he'll sue to stop the proposal if it becomes law."

And today in The Los Angeles Times, law professor Akhil Reed Amar has an op-ed entitled "Constitutional objections to Obamacare don't hold up; The federal government has clear authority to regulate interstate commerce, levy taxes and protect human rights, all part of the proposed healthcare overhaul."
Posted at 08:10 AM by Howard Bashman



"Family's legal fight adds to grief; U.S. opposes parents' $13-million claim against Iran awarded for a terrorist bomb that killed their daughter": This article appeared yesterday in The Los Angeles Times.

The case, which was argued last Friday before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit, was the subject of a post that day titled "DOJ: Iranian Property Protected from Civil Judgment Enforcement" by Mike Scarcella at "The BLT: The Blog of Legal Times."
Posted at 08:05 AM by Howard Bashman



"Supreme Court mandates 'dignity and respect' in death sentencing": Robert Barnes has this article today in The Washington Post.

David G. Savage of The Los Angeles Times reports today that "Court ordered to look into 'unusual events' of murder trial; The Supreme Court rules that a judge's socializing with jurors during a 1993 murder trial and their sexually themed gifts to her and a bailiff may merit a hearing."

In The Atlanta Journal-Constitution, Bill Rankin has articles headlined "Lewd gifts lead to reprieve for death-row inmate" and "Supreme Court says DeKalb judge should have kept court open; Ruling called dramatic step forward for open courtrooms."

In USA Today, Joan Biskupic has an article headlined "Supreme Court: Jury selection should be open; Justices rule it is part of a defendant's right to a public trial."

At law.com, Tony Mauro of The National Law Journal reports that "High Court Justices Underscore Importance of Open Criminal Trials," while Alyson M. Palmer of the Fulton County Daily Report has an article headlined "Jurors' Risque Gifts to Judge Help Scuttle 11th Circuit Ruling Before High Court."

And Warren Richey of The Christian Science Monitor reports that "Supreme Court rules jury selection must be open to the public; The Supreme Court justices ruled Tuesday, 7 to 2, that jury selection is included in a defendant's right to a public trial."
Posted at 07:52 AM by Howard Bashman



"High court ruling in Mumia case": Today's edition of The Philadelphia Daily News contains an article that begins, "The U.S. Supreme Court yesterday tossed out a 2008 ruling by the U.S. Third Circuit Court of Appeals that death-row inmate Mumia Abu-Jamal deserved a new sentencing hearing."

The Philadelphia Inquirer reports today that "Ruling could be a small setback for Abu-Jamal."

And Warren Richey of The Christian Science Monitor has a report headlined "A Supreme Court blow to anti-death penalty icon Mumia Abu-Jamal; The Supreme Court on Tuesday reversed an appeals court ruling that would have given Mumia Abu-Jamal a chance to avoid the dealth penalty; Some opponents of capital punishment have championed Abu-Jamal's case."
Posted at 07:40 AM by Howard Bashman



"Judges Trim Jail Time for Child Porn; Data Show Trend Toward Leniency for People Who View Images but Aren't Molesters": Amir Efrati has this article today in The Wall Street Journal.
Posted at 07:34 AM by Howard Bashman


"Commentary: Court's future in flux; Aftermath of Massachusetts." At "SCOTUSblog," Lyle Denniston has a post that begins, "The stunning upset victory for Republicans in Tuesday's U.S. Senate election in Massachusetts markedly changes the political dynamic for President Obama, and in the process raises serious questions about his options in selecting judicial nominees, including those who might be chosen for the Supreme Court."
Posted at 07:28 AM by Howard Bashman


Tuesday, January 19, 2010

"Supreme Court Rules on Trial Conduct in Georgia": Adam Liptak will have this article Wednesday in The New York Times.
Posted at 08:22 PM by Howard Bashman


"Asian carp DNA found in Lake Michigan; High Court inaction angers Mich. leaders": The Detroit News has an update that begins, "On the same day the U.S. Supreme Court announced it would not take immediate action to prevent Asian carp from reaching Lake Michigan, DNA samples indicate the fish may already be there."

The Detroit Free Press has a news update headlined "Granholm: White House summit about carp needed."

The Chicago Tribune has a news update headlined "Army Corps: Asian carp DNA found in Lake Michigan."

And James Vicini of Reuters reports that "Michigan request denied in Great Lakes carp case; High court won't order closing of two Chicago-area locks; Federal government said Michigan was unlikely to prevail; Closing locks would hurt shippers."
Posted at 04:40 PM by Howard Bashman



"Georgia death-row inmate may need hearing over bawdy gifts, high court rules": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "The U.S. Supreme Court on Tuesday said a Cobb County man sentenced to death may need a new hearing because jurors sent lewd gifts to the trial judge and courthouse bailiff."

And Greg Stohr of Bloomberg News reports that "Chocolate Sex Gifts From Jury Put Guilty Verdict in Jeopardy."

My earlier coverage appears at this link.
Posted at 04:05 PM by Howard Bashman



"California prisoner-release order on hold pending Supreme Court review": David G. Savage of The Los Angeles Times has this news update.

Greg Stohr of Bloomberg News reports that "Schwarzenegger Rejected by U.S. High Court on Inmates."

And James Vicini of Reuters reports that "Court dismisses California prisoner release case."
Posted at 04:00 PM by Howard Bashman



"Campaign finance ruling likely imminent; Either tomorrow or Monday next week": Tom Goldstein has this post at "SCOTUSblog."
Posted at 02:20 PM by Howard Bashman


"Court steps into murder case over jury's gifts": Mark Sherman of The Associated Press has a report that begins, "A closely divided Supreme Court has given hope to a Georgia death row inmate, ordering a federal appeals court to take a new look at his case because of raunchy gifts that jurors sent the judge and a courtroom bailiff."

According to the article, "At issue is whether Wellons received a fair trial in light of disclosures that, after the penalty phase, the jurors sent chocolate in the shape of a penis to the judge and chocolate in the shape of a pair of breasts to the bailiff."

You can access today's per curiam ruling of the U.S. Supreme Court in Wellons v. Hall, No. 09-5731, at this link.

Who knew that a death penalty jury in Georgia state court would find it appropriate to send the judge a chocolate penis? See, e.g., chocolate log cake described in footnote 4 of Guide to Episode 51 of "Curb Your Enthusiasm."
Posted at 12:40 PM by Howard Bashman



Access online today's Order List of the U.S. Supreme Court: The Court has posted today's Order List at this link.

The Court did not grant review in any new cases today. Last Friday's Order List granting review in five cases can be accessed here. Today's order list, however, does feature a GVR in the case of Mumia Abu-Jamal. And the Court called for the views of the Solicitor General's Office in one case.

The Court today also issued two per curiam opinions. One issued in Presley v. Georgia, No. 09-5270. The other issued in Wellons v. Hall, No. 09-5731.

In early news coverage, The Associated Press reports that "High court rejects challenge to Calif. prison plan"; "Court won't close shipping locks to keep out carp"; and "High court throws out ruling favorable to suspect."

And at "SCOTUSblog," Lyle Denniston has a post titled "Asian carp plea denied; no new grants."
Posted at 10:10 AM by Howard Bashman



"Proposed order on judicial donations remains up for debate; Court says gifts can't force recusals, but rule needs final approval": The Milwaukee Journal Sentinel contains this article today.

And at the "Sustained Outrage" blog of The Charleston (W. Va.) Gazette, Andrew Clevenger has a post titled "Caperton, recusal and judicial elections."
Posted at 08:20 AM by Howard Bashman



"State's high court rules on marital property; Money earned by ET class-action specialist before divorce final is subject to split": This article appears today in The Knoxville News Sentinel.

You can access last week's ruling of the Supreme Court of Tennessee at this link.
Posted at 08:17 AM by Howard Bashman



"Shaken baby syndrome itself is put on trial in Fairfax court": Today in The Washington Post, Tom Jackman has an article that begins, "As a criminal trial in Fairfax County tries to determine who, or what, caused 4-month-old Noah Whitmer's brain hemorrhage, the debate over whether 'shaken baby syndrome' exists has erupted into a national battle of the experts." Earlier, the newspaper reported that "Shaken-baby syndrome at center of Fairfax trial."
Posted at 08:12 AM by Howard Bashman


"The Supreme Court's Cult of Celebrity": Guest bloggers Craig Lerner and Nelson Lund have this post today at "The Volokh Conspiracy." The post discusses an article that they recently posted to SSRN.
Posted at 08:10 AM by Howard Bashman


"Grand Rapids teacher's long fight over racial makeups of jury pools reaches Supreme Court": This front page article appeared yesterday in The Grand Rapids Press.
Posted at 08:07 AM by Howard Bashman


"Wall Street May Seek to Sway Congress by Hiring Top Lawyer": Bloomberg News has a report that begins, "Wall Street's decision to hire a Supreme Court lawyer to study President Obama's plan to tax banks may be aimed more at swaying lawmakers than winning a lawsuit, some constitutional experts said."
Posted at 08:02 AM by Howard Bashman


"FBI broke law for years in phone record searches": Today in The Washington Post, John Solomon and Carrie Johnson have a front page article that begins, "The FBI illegally collected more than 2,000 U.S. telephone call records between 2002 and 2006 by invoking terrorism emergencies that did not exist or simply persuading phone companies to provide records, according to internal bureau memos and interviews."
Posted at 07:54 AM by Howard Bashman


"The Guantanamo 'Suicides': A Camp Delta sergeant blows the whistle." Scott Horton will have this lengthy article in the March 2010 issue of Harper's Magazine.
Posted at 07:50 AM by Howard Bashman


"At heart of Prop. 8 trial, a clash over motives": Today's edition of The Sacramento Bee contains a front page article that begins, "A majority of voters stopped same-sex marriage in California simply by casting a ballot for Proposition 8. This week, when a federal trial resumes in San Francisco, attorneys challenging Proposition 8 will continue building a multilayered argument that voters' action created an unconstitutional law based on prejudice and unfounded fear about homosexuality."

Today in The San Francisco Chronicle, Bob Egelko reports that "Prop. 8 trial looks at personal, social changes."

The Associated Press has a report headlined "Same-sex marriage judge dealt with other gay cases" that begins, "The appointment of Chief U.S. District Judge Vaughn Richard Walker to the bench was held up for two years during the late 1980s in part because he had angered gay rights activists. Now, he is presiding over the most important gay civil rights case in a generation."

And in The San Jose Mercury News, columnist Scott Herhold has an essay entitled "Supreme Court blows it with YouTube ruling in Prop. 8 case."
Posted at 07:44 AM by Howard Bashman



"Reliving Horror in a Test for the Death Penalty": This article appears today in The New York Times.

Today's edition of The Hartford Courant contains an article headlined "Jury Selection Starts Today In Cheshire Slayings."

And The New Haven Register reports that "Jury selection to begin in Petit slayings."
Posted at 07:40 AM by Howard Bashman



"Life sentence for ex-China Supreme Court justice": The Associated Press has a report that begins, "A former Chinese Supreme Court judge was sentenced to life in prison Tuesday following his conviction for embezzlement and receiving more than half a million dollars in bribes."

Shanghai Daily has a report headlined "Life for China's corrupt 'sex-hungry' judge."

The Telegraph (UK) has a news update headlined "Chinese Supreme Court judge sentenced to life in prison over land bribes; China has sentenced one its most senior judges to life imprisonment after convicting him of accepting massive bribes to make favourable rulings in a series of land deal cases."

Bloomberg News reports that "China Sentences Former Supreme Court Official to Life in Jail."

And Reuters reports that "China former senior judge jailed for graft."
Posted at 07:25 AM by Howard Bashman



"Breyer, Scalia: Holding no punches; Separated by ideology and style, each justice often finds himself in the other's line of fire." Joan Biskupic has this article today in USA Today.
Posted at 07:18 AM by Howard Bashman


Monday, January 18, 2010

"Sex offenders behind bars: How long? Using the civil commitment process to lengthen a criminal sentence is dishonest and dangerous." This editorial appears today in The Los Angeles Times.

And Tuesday's edition of The Wall Street Journal will contain an editorial entitled "Predators and the Constitution: The feds usurp another area of state law."
Posted at 10:40 PM by Howard Bashman



"Supreme Court weighs screening of child witnesses": Canwest News Service has a report that begins, "Are child witnesses as good as their word? The Supreme Court of Canada will consider that question Tuesday when it weighs in on changes to the Canada Evidence Act, which permit children to tell their stories in court as long as they promise the judge they will tell the truth."
Posted at 10:37 PM by Howard Bashman


"US investment banks divided over levy": Tuesday's edition of Financial Times will contain this article.
Posted at 10:30 PM by Howard Bashman


"A Bagram Reckoning": Today's edition of The New York Times contains an editorial that begins, "We keep waiting -- in vain -- for the Obama administration to stop trying to block judicial scrutiny of some of the Bush administration's most outrageous policies on the detention of prisoners."
Posted at 10:30 PM by Howard Bashman


"If Congress passes bill, court fight not far behind; Health reform: Can the government require you to buy insurance?" This article will appear Tuesday in The Salt Lake Tribune.

And in Tuesday's edition of The Los Angeles Times, Tom Hamburger and James Oliphant will have an article headlined "Malpractice system survives healthcare overhaul intact; Democratic lawmakers were prepared to make concessions to Republicans on the subject; But after hard lobbying by trial lawyers and a series of party-line votes, little is likely to change."
Posted at 10:26 PM by Howard Bashman



"Justices Better at Precedent Than Prescience": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 04:28 PM by Howard Bashman


"Judge bans media from woman's trial in Henry County": This article appears today in The Toledo Blade.
Posted at 10:45 AM by Howard Bashman


"Prince recalls nations' mutual ties": Tuesday's edition of The New Zealand Herald contains an article that begins, "Prince William has waxed lyrical about his fondness for New Zealand, but skirted away from the issue of republicanism in his speech at the opening of the new Supreme Court building."

BBC News reports that "Prince William opens New Zealand court building."

TVNZ reports that "Supreme Court finally gets new home."

And New Zealand's 3 News has a report headlined "Mixed reaction to new Supreme Court building."

You can see photographs of the new home of the Supreme Court of New Zealand both here and here.
Posted at 10:38 AM by Howard Bashman



Welcome back: Today's edition of The Great Falls Tribune contains an article headlined "The Cotters: Montana's power couple" that begins, "When Michael Cotter first met his future bride at the University of Notre Dame School of Law in 1975, neither would have imagined that they were headed to the pinnacle of Montana's legal world. Today the newly-minted Montana U.S. Attorney and his wife, Montana Supreme Court Justice Patricia Cotter, say they're lucky to have built a loving family and successful legal careers together."
Posted at 10:30 AM by Howard Bashman


"Dueling portraits of Prop. 8 backers at trial": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 10:25 AM by Howard Bashman


"Practice Before the Office of the Solicitor General: Few Secret Meetings." Tom Goldstein has this interesting post at "SCOTUSblog."
Posted at 10:14 AM by Howard Bashman


Sunday, January 17, 2010

"In Colorado, fighting to keep smoking onstage; Actors can't smoke -- even tobacco-free cigarettes -- during a play, no matter how crucial smoking is to the script, the state's high court rules; Two theater groups will continue to battle the ban": This article will appear Monday in The Los Angeles Times.
Posted at 10:12 PM by Howard Bashman


"Wall St. Weighs a Constitutional Challenge to a Proposed Tax": Monday's edition of The New York Times will contain an article that begins, "Wall Street's main lobbying arm has hired a top Supreme Court litigator to study a possible legal battle against a bank tax proposed by the Obama administration, on the theory that it would be unconstitutional, according to three industry executives briefed on the matter."
Posted at 10:04 PM by Howard Bashman


"No Longer Their Golden Ticket": This article about obtaining a law school degree appears today on the front page of the Sunday Styles section of The New York Times.
Posted at 02:44 PM by Howard Bashman


"Feingold fears corporate tsunami of campaign cash": The Capital Times of Madison, Wisconsin has this report.
Posted at 10:54 AM by Howard Bashman


"U.S. Supreme Court: Throwing away the key for sex offenders?" Michael Kirkland of UPI has this report.
Posted at 10:45 AM by Howard Bashman


"Supreme Court to rule on famed death penalty case": Reuters has a report that begins, "The U.S. Supreme Court is expected on Tuesday to issue its latest decision on the fate of Mumia Abu-Jamal, arguably America's most famous death-row inmate, convicted of slaying a Philadelphia policeman, a crime he denies committing."
Posted at 10:44 AM by Howard Bashman


"Gay marriage supporters fear Supreme Court's ruling was an omen; When justices intervened to stop proceedings from airing online, some saw sympathy for supporters of Proposition 8 - and a lack of faith in the district judge who will first decide the measure's fate": David G. Savage has this article today in The Los Angeles Times. Meanwhile, in yesterday's newspaper, columnist Tim Rutten had an op-ed entitled "Behind the Prop. 8 cameras: By barring the broadcasting of the case, the Supreme Court has seemingly signaled its views of same-sex marriage."

The Ventura County Star reports today that "Court case blogs have many hooked; Federal gay marriage trial intensely covered online."

The New York Times contains an article headlined "Newsom Is Eclipsed in Marriage Movement" and an op-ed by columnist Maureen Dowd entitled "An Odd Couple Defends Couples That Some (Oddly) Find Odd."

And Dan Levine of The Recorder reports that "A Large Cast Shares Spotlight at Proposition 8 Trial."
Posted at 10:34 AM by Howard Bashman



Saturday, January 16, 2010

"Supreme Court to hear Monsanto appeal": This article appears today in The St. Louis Post-Dispatch.
Posted at 07:00 PM by Howard Bashman


"Tobacco Companies Said to Have Met With U.S. on Suit": Greg Stohr of Bloomberg News has a report that begins, "Tobacco company lawyers met with U.S. Solicitor General Elena Kagan last month to urge her not to file a Supreme Court appeal in the government's racketeering case against the industry, an official involved in the Justice Department's deliberations about the case said."

Update: Pete Yost of The Associated Press has a report headlined "Tobacco's plea -- no big US payments."
Posted at 05:28 PM by Howard Bashman



"YooTube: Why Jon Stewart failed to make John Yoo squirm." Christopher Beam has this essay online at Slate.
Posted at 02:33 PM by Howard Bashman


"Public Enemies: How the Supreme Court managed to insult both the law and the public." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 02:27 PM by Howard Bashman


"D.C. Judge Denies Motion to Dismiss in Wone Case": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."
Posted at 02:24 PM by Howard Bashman


"Court to Rule on Right to Privacy for Referendum Petition Signers": Adam Liptak has this article today in The New York Times.

In today's edition of The Washington Post, Robert Barnes reports that "Justices to hear case on disclosure of names on a petition."

Warren Richey of The Christian Science Monitor has an article headlined "You sign a petition to curb gay rights. Should your name be public? The US Supreme Court has decided to hear a case about releasing to the public the names of people who signed a petition; The petition in question called for repealing Washington State's law granting partnership rights to gay couples."

The Seattle Times reports that "U.S. Supreme Court accepts Ref. 71 case; The U.S. Supreme Court has decided to hear the case surrounding the public release of names of voters who signed petitions for Referendum 71."

SeattlePI.com reports that "U.S. Supreme Court will take R-71 case; Issue is disclosure of signatures in gay rights debate."

And Tony Mauro of The National Law Journal reports that "Supreme Court Takes Up Case on Petition-Signer Privacy."
Posted at 10:58 AM by Howard Bashman



"Something's Fishy at the High Court": Tony Mauro of The National Law Journal has this report.

And last Sunday's edition of The Chicago Tribune contained an article headlined "Asian carp: Take that carp and fry it; River invader is more tasty morsel than maligned in some quarters."
Posted at 10:42 AM by Howard Bashman



Friday, January 15, 2010

"SJC denies ex-priest Paul Shanley's bid for new trial": The Boston Herald has a news update that begins, "The state's highest court today affirmed the 2005 conviction of pedophile priest Paul Shanley and along with it the introduction of so-called 'repressed memory' of victims in prosecuting cases of sexual abuse."

The Boston Globe has a news update headlined "SJC upholds Shanley child abuse convictions."

And The Associated Press reports that "Mass. court denies ex-priest's bid for new trial."

You can access today's ruling of the Supreme Judicial Court of Massachusetts at this link.
Posted at 03:50 PM by Howard Bashman



"Court to decide if petition signers' names public": Jesse J. Holland of The Associated Press has this report.

The AP is also reporting that "Court to rule on Monsanto alfalfa challenge."
Posted at 03:42 PM by Howard Bashman



The Ninth Circuit takes away another case from the docket of U.S. District Judge Manuel L. Real: See the final paragraph of the majority opinion in this ruling issued today. The dissenting judge, however, notes in the final paragraph of the final footnote of her dissent that she would not reassign the case to another district judge.
Posted at 03:35 PM by Howard Bashman


"Seeking Updates on United States v. Payton": That's the title of a post that Orin Kerr published at "The Volokh Conspiracy" on the evening of January 3, 2010. Today, the U.S. Court of Appeals for the Ninth Circuit issued this order providing a definitive response to Orin's inquiry.
Posted at 03:28 PM by Howard Bashman


"Federal court in Phila. weighs 'teen sexting' case": The Philadelphia Inquirer has this news update.

And The Associated Press has an updated report headlined "US court on 'sexting': Child porn or child's play?"
Posted at 03:09 PM by Howard Bashman



"The appellants, all of whom are federal judges who had entered into service before 1989, state that Congress' repeated denials of the cost of living adjustments that had been legislated in 1989 are in violation of the Compensation Clause of Article III." But today, the majority of active judges serving on the U.S. Court of Appeals for the Federal Circuit joined in an order denying an initial en banc hearing in the case. Two dissenting opinions accompany that order.

Also today, by means of a separate order, a three-judge Federal Circuit panel has issued a decision summarily affirming the ruling of the U.S. Court of Federal Claims against these judges-appellants.
Posted at 03:05 PM by Howard Bashman



This case has certainly had its ups and downs: The U.S. Court of Appeals for the Federal Circuit today issued its ruling in the case captioned Schindler Elevator Corp. v. Otis Elevator Co.
Posted at 02:57 PM by Howard Bashman


"Kansas judge in abortion case comes under scrutiny": The Associated Press has this report.
Posted at 02:54 PM by Howard Bashman


Access today's Order List of the U.S. Supreme Court: The Court today has granted review in five new cases, according to this post at "SCOTUSblog." And Lyle Denniston has a post titled "Court to rule on petition-signers rights; Plea for confidentiality."
Posted at 02:49 PM by Howard Bashman


"US court mulls 'sexting': Child porn or speech?" The Associated Press has a report that begins, "A federal appeals court must decide whether 'sexting' by three Pennsylvania teens amounts to child pornography or is a free-speech right."

Shannon P. Duffy of The Legal Intelligencer reports that "'Sexting' Case to Take Center Stage at 3rd Circuit."

And Wednesday's issue of The Times Leader of Wikles-Barre, Pennsylvania contained an article headlined "'Sexting' case to get day in court; Tunkhannock Area teens' cell-phone image swapping is the focus of federal appeals court hearing on Friday."
Posted at 10:30 AM by Howard Bashman



"Federal court revives Crowe civil suit; Families allowed to sue city, police, others over events following 1998 slaying of Stephanie Crowe": This article appears today in The North County Times.

The San Diego Union-Tribune reports today that "Crowe family's lawsuit revived."

The Associated Press reports that "Lawsuit revived for wrongly accused SoCal teens."

And law.com has a report headlined "9th Circuit: Police Can Be Sued for Coercive Interrogation of Teenage Murder Suspect."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 07:55 AM by Howard Bashman



"Same-sex marriage pays off, S.F. economist says": Bob Egelko has this article today in The San Francisco Chronicle.

Today in The Los Angeles Times, Maura Dolan reports that "Bias raises gays' risk of mental disorders, witness at Prop. 8 trial says; Professor says the same-sex marriage ban sent 'the message that gay relationships are not respected, that they are of secondary value if they are of any value at all.'" In addition, law professor Barry Friedman has an op-ed entitled "Prop. 8, the trial that should be seen; It's more than a legal case; it's a morality play aimed at all of us, and we should get to hear it."

Howard Mintz of The San Jose Mercury News reports that "Experts again headline Proposition 8 trial."

The Associated Press reports that "Gay marriage judge abandons Web broadcast attempt."

And at the "Opinionator" blog of The New York Times, Linda Greenhouse has a post titled "Into the Closet."
Posted at 07:48 AM by Howard Bashman



"9th Circuit Sympathetic to Privacy Act Suit Over Release of Pilot's HIV Status": law.com has this report.
Posted at 07:42 AM by Howard Bashman


"Justice Scalia's Musical Interlude": Tony Mauro of The National Law Journal has this report.
Posted at 07:40 AM by Howard Bashman


"Critics say plan to reform courts not enough": The Charleston (W. Va.) Daily Mail contains this article today.
Posted at 07:38 AM by Howard Bashman


"In nation of exhibitionists, there's still a demand for privacy": Today in The Washington Post, columnist Michael Gerson has an op-ed that begins, "Just weeks after the Supreme Court took a landmark case featuring a demand for greater communication privacy, many took to Facebook to reveal the color of the bra they were wearing."
Posted at 07:35 AM by Howard Bashman


"Appeals court reverses Grayson Ten Commandments decision": The Lexington Herald-Leader contains this article today.

My earlier coverage of yesterday's Sixth Circuit ruling appears at this link.
Posted at 07:28 AM by Howard Bashman



"Delaware to appeal sports betting limits; Washington firm to petition high court": This article appears today in The News Journal of Wilmington, Delaware.

And The Associated Press reports that "Delaware to appeal sports betting limits."
Posted at 07:14 AM by Howard Bashman



Thursday, January 14, 2010

"Court: Mass. law on wine shipping unconstitutional." The Associated Press has this report on a ruling that the U.S. Court of Appeals for the First Circuit issued today.
Posted at 10:40 PM by Howard Bashman


"High court's broadcast ruling under microscope": In Friday's edition of The Washington Post, Robert Barnes will have an article that begins, "It was a hastily written ruling by Supreme Court standards, and it carried a dissent almost equal in length to the majority's opinion. But the 5 to 4 decision the court issued late Wednesday blocking the broadcast of a federal trial about the constitutionality of same-sex marriage is being scoured by legal analysts and activists for deeper meaning."
Posted at 10:34 PM by Howard Bashman


"Blackout: The Supreme Court's awful, heavy-handed decision to block videotaping of the gay marriage trial." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 10:05 PM by Howard Bashman


"Mo. court hears challenge to malpractice limits": The Associated Press has this report.
Posted at 05:42 PM by Howard Bashman


"Law School Case Gets Supreme Court Star Power": Marcia Coyle has this post today at "The BLT: The Blog of Legal Times."
Posted at 05:40 PM by Howard Bashman


"Causation is an important issue in many cases in a variety of fields of law and has been so for centuries. Yet it continues to confuse lawyers, in part because of a proliferation of unhelpful terminology (for which we judges must accept a good deal of the blame)." So writes Circuit Judge Richard A. Posner in an interesting decision that the U.S. Court of Appeals for the Seventh Circuit issued today.

Coincidentally, the issue of "proximate cause" is very much on my mind today, as that's the central issue in the appeal in which I'm filing the Reply Brief for Appellant today in the Superior Court of Pennsylvania.
Posted at 02:22 PM by Howard Bashman



"Campaign finance activists on pins and needles awaiting Supreme Court ruling": This article appears today in The Washington Post.
Posted at 12:20 PM by Howard Bashman


"Appeals court reverses Ten Commandments decision": The Associated Press has a report that begins, "A split federal appeals court has ruled that a Kentucky county can restore its 'Foundations of American Law and Government' display that includes the Ten Commandments."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 11:10 AM by Howard Bashman



Wednesday, January 13, 2010

"They Are So Not Ready for Some Football: The Supreme Court justices prove they know nothing whatsoever about the NFL." Josh Levin and Dahlia Lithwick have this Supreme Court dispatch online at Slate.
Posted at 10:33 PM by Howard Bashman


"Court to revisit ruling on Adelphia's Rigases; Third Circuit to rehear ruling favoring Rigases; Defense says double jeopardy bars new conspiracy charge; John Rigas, Timothy Rigas already in prison": Reuters has this report on an order granting a limited rehearing en banc that the U.S. Court of Appeals for the Third Circuit issued today.

My earlier coverage of the three-judge panel's earlier ruling can be accessed here.
Posted at 10:28 PM by Howard Bashman



"Oral Argument Heard In Fox Profanity Case": The so-called "fleeting profanity" case made its return today to the U.S. Court of Appeals for the Second Circuit on remand from the U.S. Supreme Court. C-SPAN's was there, and you can view today's oral argument online, on-demand by clicking here. Carter Phillips and Miguel Estrada argued the case today on behalf of the television networks.

At Broadcasting & Cable, you can access a report headlined "FCC, Fox Square Off On Profanity...Again; Second Circuit hears oral arguments, focuses on First Amendment implications of FCC's indecency regime."

And The Associated Press reports that "Appeals judges mock 'fleeting expletives' policy."
Posted at 08:24 PM by Howard Bashman



"High court: No cameras at gay marriage trial." The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Prop 8 Court TV blocked."

You can access the Court's 5-4 ruling, which consists of a per curiam opinion and a dissenting opinion, at this link.
Posted at 05:10 PM by Howard Bashman



"NY court OKs Internet music sales lawsuit": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 02:03 PM by Howard Bashman


"All in the Family: The Supreme Court plays nice over international child custody." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 12:10 PM by Howard Bashman


"Court seem skeptical of NFL antitrust protection": The Associated Press has this report.

At "SCOTUSblog," Lyle Denniston has a post titled "A playoff, of sorts, in store for NFL?"

And at the blog "First One @ One First," law student Mike Sacks demonstrates that he was once again the first one in the "general public" line to see today's U.S. Supreme Court oral arguments.
Posted at 12:02 PM by Howard Bashman



"Judges issue order to cut California prison population": Denny Walsh has this article today in The Sacramento Bee.

Today in The San Francisco Chronicle, Bob Egelko reports that "State ordered to cut inmate numbers in 2 years."

And The Los Angeles Times reports that "Judges OK Schwarzenegger plan to reduce prison crowding; The proposal includes some home detention with satellite tracking devices, permitting some felons to serve time in county jails instead of state prisons and reducing sentences for property crimes."
Posted at 11:47 AM by Howard Bashman



"Historian makes the case for same-sex marriage": Bob Egelko has this article today in The San Francisco Chronicle. And Joe Garofoli has an essay entitled "YouTube broadcasts would humanize issue."

Howard Mintz of The San Jose Mercury News reports today that "Proposition 8 trial turns to historians on second day."

Maura Dolan of The Los Angeles Times reports that "Witnesses in Prop. 8 trial examine history of marriage, gays; Professors describe racial bans on marriage and bias against gays; Opponents of same-sex unions accuse scholars of being advocates with views shaped by their opinions."

And The Sacramento Bee reports that "Historians tell of longtime discrimination against gays at Prop. 8 trial; Defense attorney says nattative is 'irrelevant.'"
Posted at 11:42 AM by Howard Bashman



"Top Terror Prosecutor Settles Into a Familiar Role": This article appears today in The New York Times.
Posted at 11:35 AM by Howard Bashman


"The fight against full-body scanners at airports: 'We don't need to look at naked 8-year-olds and grandmothers to secure airplanes,' a lawmaker says; The TSA is adding machines to screen more passengers, much to the chagrin of privacy advocates." David G. Savage has this article today in The Los Angeles Times.
Posted at 11:32 AM by Howard Bashman


Once again, a new day brings no long-awaited campaign finance ruling from the U.S. Supreme Court: But if you were awaiting the Court's ruling in NRG Power Marketing, LLC v. Maine Pub. Util. Comm'n, No. 08-674 (oral argument transcript available here), you are in luck, as that was the one decision in an argued case announced today.
Posted at 10:05 AM by Howard Bashman


"Justices to tackle NFL antitrust case; 'Single-entity' control at issue": This article appears today in The Washington Times.

The Milwaukee Journal Sentinel reports today that "NFL antitrust case headed to Supreme Court."

Today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Contracts Hang In Balance As NFL Case Kicks Off" featuring Nina Totenberg.

At "SCOTUSblog," Lyle Denniston has a post titled "Pro sports and antitrust: Argument Preview."

Meanwhile, in commentary, The New York Times contains an editorial entitled "Football and Antitrust."

The Wall Street Journal contains an editorial entitled "An Antitrust Super Bowl: Will the Supreme Court let the NFL behave like a normal business?"

In The St. Louis Post-Dispatch, Mark Greenbaum has an op-ed entitled "American Needle v. the NFL will have profound impact."

And at the web site of Sports Illustrated, Michael McCann has an essay entitled "Why American Needle-NFL is most important case in sports history."
Posted at 08:14 AM by Howard Bashman



"Killer Frank Spisak, not his attorney, brought on death penalty, justices rule": Robert Barnes has this article today in The Washington Post.

The Cleveland Plain Dealer reports today that "Execution for Nazi-loving Cleveland murderer can move forward, despite his lawyer's 'outrageous' representation."

And The Columbus Dispatch reports that "Supreme Court upholds death sentence for neo-Nazi; Lawyer for triple-murderer erred but didn't change outcome, justices say."
Posted at 07:58 AM by Howard Bashman



"Specter now says he'll support Dawn Johnsen for Office of Legal Counsel": This article appears today in The Washington Post.

And Politico.com reports that "DOJ nominee appears to have 60 votes."
Posted at 07:50 AM by Howard Bashman



"Abbott, some scholars disagree on constitutionality of health care plan": Chuck Lindell had this article yesterday in The Austin American-Statesman.
Posted at 07:40 AM by Howard Bashman


"Supreme Court Weighs Authority, Not Legality, of Civil Confinements": Adam Liptak has this article today in The New York Times.

Today in The Washington Post, Robert Barnes reports that "Supreme Court debates right to commit sexual predators after prison terms."

David G. Savage of The Los Angeles Times reports that "Supreme Court hears arguments on detaining sex offenders; Despite concerns, most justices seem inclined to uphold a federal law permitting authorities to confine 'sexually dangerous' people after their prison terms have been completed."

Jess Bravin of The Wall Street Journal reports that "Justices Hear Sex-Offender Case."

Joan Biskupic of USA Today reports that "Court weighs inmates' detention past sentences; Convicts seen as 'sexually dangerous.'"

Warren Richey of The Christian Science Monitor reports that "Supreme Court justices appear split on US sex offender law; The 2006 law permits the US government to hold convicted sex offenders even after they've served their sentences; Hearing arguments Tuesday, the Supreme Court justices sparred over whether Congress has exceeded its authority."

Greg Stohr of Bloomberg News reports that "Sex-Offender Commitment Law Gets Support at U.S. Supreme Court."

James Vicini of Reuters reports that "U.S. justices question sex offender confinement law."

On yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "Court Weighs Indefinite Detention Of Sex Offenders."

And Marcia Coyle of The National Law Journal reports that "High Court Struggles With Child Custody, Sex Offender Cases."
Posted at 07:38 AM by Howard Bashman



"Pa. Court Revives Plaintiff Verdict in State's First Precedential Hormone-Replacement Case; Plaintiffs counsel are viewing the decision as a promising harbinger for the dozens of other HRT cases on appeal": law.com has now made the article that I linked to here yesterday freely available online at this link.
Posted at 07:08 AM by Howard Bashman


Tuesday, January 12, 2010

"Terror conspirator Padilla appeals conviction": The Associated Press has this report.
Posted at 06:30 PM by Howard Bashman


"Court TV and judicial powers": Lyle Denniston has this post at "SCOTUSblog."
Posted at 02:08 PM by Howard Bashman


"Justices hear case on releasing sex offenders": The Associated Press has this report.

And at "The BLT: The Blog of Legal Times," Tony Mauro has a related post titled "SG Kagan Gives Scalia a Promotion, Briefly."
Posted at 02:06 PM by Howard Bashman



"Justices step directly into cameras-in-court debate": Tony Mauro has this analysis online at the First Amendment Center.
Posted at 12:15 PM by Howard Bashman


"I can appreciate the majority's attempt to avoid criticism of a sister court, but the sheer mushy applesauce consistency of the majority opinion in avoiding a jurisdictional confrontation with the D.C. Circuit should be obvious." In an en banc ruling issued today, the majority on the U.S. Court of Appeals for the Federal Circuit avoids a jurisdictional rumble with the D.C. Circuit. The quote that serves as this post's title comes from the conclusion of an opinion dissenting from today's outcome.

As for who would win such a street fight, it's a difficult call. The D.C. Circuit, having correctly recognized the rights the Second Amendment confers, would no doubt appear fully armed to the teeth. But the Federal Circuit might have even more ingenious devices at hand.
Posted at 12:10 PM by Howard Bashman



No long-awaited campaign finance ruling from the U.S. Supreme Court today: But if you were awaiting the Court's ruling in Smith v. Spisak, No. 08-724 (oral argument transcript available here), you are in luck, as that was the one decision in an argued case announced today. The Court is schuled to issue one or more additional opinions in argued cases tomorrow at 10 a.m. eastern time.

Update: In news coverage of the ruling, The Associated Press reports that "Court reinstates death sentence for Ohio neo-Nazi."
Posted at 10:08 AM by Howard Bashman



"Plaintiff says Prop. 8 'means I'm unequal'": Bob Egelko has this article today in The San Francisco Chronicle. The newspaper also reports that "High court pulls plug on YouTube trial coverage."

Today in The Los Angeles Times, Maura Dolan has an article headlined "Tearful testimony on discrimination at Prop. 8 trial; The first day of the landmark case includes opening statements on the nature of marriage, a history of the institution and the struggles two same-sex couples have endured because they can't marry." In addition, David G. Savage and Carol J. Williams report that "Prop. 8 trial video barred -- for now; The Supreme Court's order, which expires Wednesday, apparently reflects the justices' concerns that the coverage could bring harm to witnesses."

Howard Mintz of The San Jose Mercury News reports that "Historic Prop 8 trial opens with emotional testimony from gay couples."

The Sacramento Bee reports that "Couples tell of toll from state gay marriage ban as Prop. 8 trial begins."

The New York Times contains an article headlined "Personal Focus as Same-Sex-Marriage Trial Opens in California." And Adam Liptak reports that "Justices to Review Plan for Webcasts of a Trial."

USA Today reports that "Prop 8 trial gets underway offline; High court says no posts on YouTube."

The Wall Street Journal contains an article headlined "New Battle on California Ban; Federal Trial Opens Challenging Law Against Gay Marriage; Supreme Court Weighs In."

The Christian Science Monitor reports that "Gay marriage trial begins with tough questions for both sides; Opening arguments began Monday in what could be a landmark trial for gay marriage; The case, which challenges California's ban on same-sex marriage, Proposition 8, could go to the US Supreme Court."

And Dan Levine of The Recorder, who is covering the trial live via his Twitter account, reports that "Gay Couples Testify as Marriage Case Starts."
Posted at 09:58 AM by Howard Bashman



"Panel Revives Plaintiff Verdict in State's First Precedential HRT Case": Amaris Elliott-Engel has this article, in which I am quoted, in today's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.

This is a case in which I have served, and continue to serve, as appellate counsel for the plaintiff. My earlier posts linking to the appellate court's ruling and the plaintiff's appellate briefs can be accessed here and here.
Posted at 09:24 AM by Howard Bashman



Warren Richey of The Christian Science Monitor is reporting: He has articles headlined "Supreme Court refuses challenge to school dress code; The Supreme Court Monday declined to take up a student's challenge to a Texas school dress code; An appeals court ruling said the policy, which bars non-school-related messages on clothing, did not violate student free-speech rights"

and

"Supreme Court rejects appeal in child pornography case; The Supreme Court Monday rejected an appeal to overturn a conviction for producing child pornography; The defendant argued that the images -- of children's faces morphed on adults -- did not involve sexual activity by minors and so were protected by the First Amendment."
Posted at 08:02 AM by Howard Bashman



"Prosecutors oppose 'imperfect self-defense' for Roeder": The Wichita Eagle contains this article today, along with an article headlined "Tiller's wife opposes subpoena."

The Kansas City Star reports today that "Roeder trial delayed as judge's decision debated."

The New York Times contains an article headlined "Delay in Trial for Abortion Doctor Killing."

And The Christian Science Monitor contains an article headlined "'Necessity' defense: Did abortion doctor need to die? Scott Roeder insists he was justified in killing an abortion doctor because it prevented more abortions; His lawyers argue they should be allowed to use the so-called necessity defense; Jury selection is expected to take place this week."
Posted at 07:58 AM by Howard Bashman



"Judicial Security": This editorial appears today in The New York Times.

Today's edition of The Las Vegas Sun contains articles headlined "Slain court officer remembered for service to Las Vegas" and "Nevada funerals subject to protest; Despite assemblyman's efforts, state has no version of 'Respect' law."

The Las Vegas Review-Journal reports that "Service celebrates life; Friends focus on how Stan Cooper lived, not died."

And The Associated Press reports that "Slain 'hero' Vegas federal court guard eulogized."
Posted at 07:50 AM by Howard Bashman



"Supreme Court looks at constitutionality of sex offender law; The Supreme Court Tuesday considers a law that allows the federal government to detain offenders it considers 'sexually dangerous,' even after completion of their sentences; Critics say the sex offender law intrudes on states' authority": Warren Richey of The Christian Science Monitor has this report.

Bill Mears of CNN.com has an article headlined "Can sex offenders be held after serving criminal sentences?"

And today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Federal Prisoners Kept Beyond Their Sentences" featuring Nina Totenberg.
Posted at 07:42 AM by Howard Bashman



"Supreme Court revisits ruling on challenges to forensic reports": Robert Barnes has this article today in The Washington Post, along with an item headlined "Supreme Court Justices, law professor play with words."

And Tony Mauro of The National Law Journal reports that "High Court Justices Grill Both Sides in Confrontation Clause Case."
Posted at 07:34 AM by Howard Bashman



Monday, January 11, 2010

"With New Member, Supreme Court Takes New Look at Crime Lab Ruling": Adam Liptak will have this article Tuesday in The New York Times.

In Tuesday's edition of USA Today, Joan Biskupic will have an article headlined "Court revisits lab tests ruling; Analysts must testify in person."

This evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Court Revisits Ruling Forcing Lab Analysts To Testify" featuring Nina Totenberg.

And this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained a segment entitled "Is It a Right to Confront Your Accuser in Court?" featuring Marcia Coyle.
Posted at 10:24 PM by Howard Bashman



"Blind Justice: The Supreme Court blacks out the YouTubing of the gay-marriage trial." Online at Slate, Emily Bazelon has this jurisprudence essay.
Posted at 10:14 PM by Howard Bashman


"Letting pervs cruise the Web: Lifetime Internet ban struck down." Michael Doyle of McClatchy's Washington Bureau has this post at his "Suits & Sentences" blog about a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 08:24 PM by Howard Bashman


Access online the transcript of today's U.S. Supreme Court oral argument in Briscoe v. Virginia, No. 07-11191: You can access the transcript in this Confrontation Clause-lab report case at this link.
Posted at 04:10 PM by Howard Bashman


"Judge has questions in gay marriage trial in CA": The Associated Press has this report.
Posted at 03:25 PM by Howard Bashman


"At the Supreme Court, Life is One Big Vocabulary Lesson": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 03:17 PM by Howard Bashman


"We must decide whether law enforcement officers violate a suspect's Fourth Amendment rights when they enter the curtilage of his home and attach a mobile tracking device to the undercarriage of his car." A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit answers "no" in an opinion issued today.
Posted at 02:48 PM by Howard Bashman


"Prosecutors, defense to argue new motion in Scott Roeder trial": The Wichita Eagle has this news update. The newspaper has posted the prosecution's brief at this link.

And The New York Times has a news update headlined "Trial Delayed in Killing of Abortion Doctor."
Posted at 02:44 PM by Howard Bashman



"High Court To Weigh Overseas Custody Battle": Lawrence Hurley has this article today in The Daily Journal of California.
Posted at 12:28 PM by Howard Bashman


"Fans should laud Brees for siding against NFL": In yesterday's edition of The San Francisco Chronicle, columnist Gwen Knapp had an essay that begins, "During a playoff bye weekend for his Saints, Drew Brees threw deeper than he had all season. The New Orleans quarterback submitted an op-ed piece to the Washington Post, saying that the Supreme Court should stiff-arm the NFL in an antitrust case the justices will hear on Wednesday."
Posted at 12:18 PM by Howard Bashman


"Justices Decline Appeal on Student T-Shirts": Mark Walsh has this post today at the "School Law" blog of Education Week.
Posted at 12:15 PM by Howard Bashman


"Court blocks taping of gay marriage trial": The Associated Press has a report that begins, "The Supreme Court is blocking a broadcast of the trial on California's same-sex marriage ban, at least for the first few days."

And at "SCOTUSblog," Lyle Denniston has a post titled "Delay in broadcast of Prop. 8 trial; No YouTube webcast, for now."
Posted at 11:24 AM by Howard Bashman



Access online today's Order List of the U.S. Supreme Court: The Court's posting of today's Order List appears to be delayed. Once the list is posted online, it should be available at this link. [Update at 10:29 a.m. -- The Order list is now online.]

According to "SCOTUSblog," the Court today did not grant review in any new cases, although the Court did call for the views of the Solicitor General in two cases.

The Court today also issued a summary reversal in McDaniel v. Brown, No. 08-559, a case arising from the Ninth Circuit.

In early news coverage, The Associated Press reports that "Supreme Court rejects school dress code challenge."
Posted at 10:27 AM by Howard Bashman



"2nd Circuit Reverses Sanctions Against Cravath Attorneys in Alien Tort Case; Judges split on magistrate judges' authority to sanction attorneys": law.com has this report.

My earlier coverage of last week's Second Circuit ruling appears at this link.
Posted at 09:34 AM by Howard Bashman



"Jury selection tough as Kan. abortion trial begins": The Associated Press has this report.
Posted at 09:30 AM by Howard Bashman


"Washington's Gun Past Affects Arenas's Future": This article appears today in The New York Times.
Posted at 07:44 AM by Howard Bashman


"Prop. 8 trial begins today": Bob Egelko has this article today in The San Francisco Chronicle. The newspaper also reports that "Berkeley couple to testify in trial."

The Sacramento Bee reports today that "Prop. 8 federal case opens in S.F. today."

Reuters reports that "Gay marriage ban goes on trial in California."

Today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Gay Marriage Ban Goes On Trial In California."

The Los Angeles Times contains an editorial entitled "The public and Prop. 8: In the age of YouTube, it's only fitting that a court challenge to the amendment banning same-sex marriage is broadcast."

The New York Times contains an op-ed by Edwin Meese III entitled "Stacking the Deck Against Proposition 8."

And the organization American Foundation for Equal Rights has issued a news release headlined "Ted Olson to Make Opening Statement in Prop. 8 Trial; Trial on Unconstitutionality of Prop. 8 Begins in U.S. District Court; Plaintiffs To Testify First."
Posted at 07:40 AM by Howard Bashman



"NFL faces off-the-field challenge": Joan Biskupic has this article today in USA Today.

And Jesse J. Holland of The Associated Press has a report headlined "Hats off: NFL apparel fight could have big impact."
Posted at 07:30 AM by Howard Bashman



"Fieger case to test Michigan high court's disqualification rule": Dawson Bell has this front page article today in The Detroit Free Press.
Posted at 07:28 AM by Howard Bashman


"Criminal Prosecutors Pin Hopes On Sotomayor": This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."

Boston public radio station WBUR reports that "Supreme Court Ruling Creates Logjam In Mass. Courts."

And today's edition of The New York Times contains an editorial entitled "The Right to Confront Witnesses."
Posted at 07:24 AM by Howard Bashman



"Obama 10th Justice Kagan Subverts Supreme Court Business Tilt": Greg Stohr of Bloomberg News has this report.
Posted at 07:18 AM by Howard Bashman


Sunday, January 10, 2010

"Two Ideological Foes Unite to Overturn Proposition 8": This article will appear Monday in The New York Times.

Monday's edition of The Washington Post will contain an article headlined "Same-sex marriage set for big day in federal court."

And in Monday's edition of The Los Angeles Times, Maura Dolan will have an article headlined "Prop. 8 trial to include unprecedented testimony; Challengers of the same-sex marriage ban plan to call to the stand homosexual couples, experts on the history of sexual discrimination and marriage, and the architects of the ballot measure."
Posted at 11:15 PM by Howard Bashman



"Chief justice of state Supreme Court suffers stroke": The Times-Picayune of New Orleans has this news update.
Posted at 11:08 PM by Howard Bashman


"Abortion issue front and center in Roeder murder trial": Today's edition of The Wichita Eagle contains an article that begins, "When Scott Roeder's murder trial begins Monday, the question won't be whether or not he killed George Tiller."
Posted at 11:07 PM by Howard Bashman


"Insurance Mandate Feeds GOP's Attack on Legal Front": Jess Bravin will have this article Monday in The Wall Street Journal.
Posted at 11:02 PM by Howard Bashman


"Debating TV for Prop. 8 trial; YouTube webcast set for Monday": Lyle Denniston has this post at "SCOTUSblog."

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Camera Issue Hurriedly Raised Before Supreme Court."
Posted at 05:22 PM by Howard Bashman



"U.S. Supreme Court could oveturn landmark Austin v. Michigan Chamber of Commerce case": This article appears today in The Grand Rapids Press.

The Associated Press has a report headlined "Super Bowl-style corporate ads for candidates?"

And today in The Los Angeles Times, Monica Youn has an op-ed entitled "Giving corporations an outsized voice in elections: Voters stand to lose out if the Supreme Court treats political spending by businesses and other big-money players as protected speech."
Posted at 09:23 AM by Howard Bashman



"Trial over Proposition 8 set to make history": Howard Mintz has this article today in The San Jose Mercury News.

And in the January 18, 2010 issue of Newsweek, Theodore B. Olson will have an essay entitled "The Conservative Case for Gay Marriage: Why same-sex marriage is an American value."
Posted at 09:18 AM by Howard Bashman



"U.S. Supreme Court: In terror war, to hell with international law?" Michael Kirkland of UPI has this report.
Posted at 09:07 AM by Howard Bashman


Saturday, January 9, 2010

"Judge: 'Personhood' abortion petition too general for November ballot." This article appears today in The Las Vegas Sun.

And The Las Vegas Review-Journal reports today that "Petition ruled too vague for '10 ballot."
Posted at 10:40 PM by Howard Bashman



"High Court Returns to a Busy Schedule; As the new year begins, blockbuster opinions and maybe a retirement greet Supreme Court": Tony Mauro of The National Law Journal has this report.
Posted at 10:33 PM by Howard Bashman


"The Conscience of a Conservative: The lifelong Republican who argued Bush v. Gore before the Supreme Court--and won--goes to court this week to overturn California's ban on gay marriage. Huh?" This article will appear in the January 18, 2010 issue of Newsweek.

And Dan Levine of The Recorder, who will be providing live coverage of the trial via his Twitter account, has an article headlined "All Eyes on Federal Judge as Trial Starts Over Calif. Ban on Same-Sex Marriage."
Posted at 10:20 PM by Howard Bashman



"Justices asked to bar taping of gay marriage trial": The Associated Press has this report.

And David G. Savage of The Los Angeles Times has a news update headlined "Lawyers for Prop. 8 file high court appeal to ban YouTube video of trial; The federal trial on the constitutionality of the measure beginning Monday has 'the potential to become a media circus,' an attorney says in an emergency appeal to Supreme Court Justice Kennedy."
Posted at 05:25 PM by Howard Bashman



"This case presents one issue on appeal: whether the federal regulatory regime governing pharmaceuticals preempts state-law failure-to-warn claims against manufacturers of generic drugs." So begins a ruling that the U.S. Court of Appeals for the Fifth Circuit issued yesterday.

Agreeing with a recent Eighth Circuit ruling that I previously covered here, the Fifth Circuit ruled yesterday that "[b]ecause state imposition of duties to warn on generic drug manufacturers neither renders compliance with federal regulation impossible nor obstructs the goals of that regulation, we AFFIRM the district court's finding that Demahy's state-law failure-to-warn claims are not preempted."
Posted at 10:57 AM by Howard Bashman



"High Court ruling throws sand into wheels of justice": Today's edition of The Virginian-Pilot contains an article that begins, "U.S. Supreme Court Justice Antonin Scalia predicted that the 'sky will not fall' with a decision more than six months ago mandating that lab analysts testify in person to the validity of drug tests and alcohol screenings."

And at "SCOTUSblog," Lyle Denniston previews the oral argument in a post titled "A limit on Confrontation rights?"
Posted at 10:50 AM by Howard Bashman



"Where is the Next Federal Circuit Judge?" Dennis Crouch has this post at his "Patently-O" blog.
Posted at 10:48 AM by Howard Bashman


"Microsoft Renews Appeal Of $290 Million Verdict, Injunction": Brent Kendall of Dow Jones Newswires has an article that begins, "Microsoft Corp. on Friday asked a federal appeals court to take a second look at its ruling last month that affirmed a $ 290 million patent infringement judgment against the software giant and barred the company from selling current versions of its flagship Word software."
Posted at 10:45 AM by Howard Bashman


"Melvin lets loose with call for judicial reform": Today's edition of The Pittsburgh Tribune-Review contains an article that begins, "Sworn in Friday as a Supreme Court justice, Joan Orie Melvin pledged to make it her mission to 'remove the stealth nature of the judiciary' and called for specific reforms of the state court system."
Posted at 10:38 AM by Howard Bashman


"Justices may rule soon on campaign-finance case": Robert Barnes has this article today in The Washington Post.

And The New York Times reports today that "Courts Roll Back Limits on Spending in Election Law."
Posted at 10:35 AM by Howard Bashman



"Why Filling the 100 Lower Federal Court Vacancies Is a Key Priority": Law professor Carl Tobias has this essay online at FindLaw.
Posted at 10:33 AM by Howard Bashman


Friday, January 8, 2010

"For Better or for Worse: California's gay-marriage trial is an all-star, high-stakes affair." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 04:15 PM by Howard Bashman


"A Risky Proposal: Is it too soon to petition the Supreme Court on gay marriage?" Margaret Talbot will have this lengthy article in the January 18, 2010 issue of The New Yorker.
Posted at 04:07 PM by Howard Bashman


Majority on divided three-judge First Circuit panel upholds the constitutionality of the Adam Walsh Child Protection and Safety Act, which allows for the civil commitment of a sexually dangerous person already in federal custody after expiration of his criminal sentence: You can access today's ruling at this link.
Posted at 03:47 PM by Howard Bashman


The U.S. Supreme Court has granted review in one new case today: You can access the order granting review at this link.

Additional information about the case is available in this post at "SCOTUSblog."
Posted at 03:05 PM by Howard Bashman



"Court Revives Suit Against Reno Police Over Detainee Suicide": In late July 2009, the Metropolitan News-Enterprise had this report on a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit had issued.

Today, the Ninth Circuit issued an order from which seven judges dissented denying rehearing en banc in the case. Chief Judge Alex Kozinski's dissent from the denial of rehearing en banc begins:

Until this opinion came along, police officers weren't required to serve as babysitters, psychiatrists or social workers, and judges didn't run suicide-prevention programs. Responsibility for preventing suicide rested with the individual and the family, not the state. But the panel has discovered that the Constitution demands a change in job description: Judges will henceforth micromanage the police, who in turn will serve as mental health professionals. The panel's reasoning has no stopping point, and our decision to let it stand threatens unprecedented judicial intervention in our local institutions.
Chief Judge Kozinski's real-life good friend Circuit Judge Stephen Reinhardt was the author of the original three-judge panel opinion. Any further review of the case will now have to come, if at all, from the U.S. Supreme Court.
Posted at 03:00 PM by Howard Bashman


"Ten years as top judge and she's still losing sleep; Beverley McLachlin, Chief Justice of the Supreme Court of Canada, talks with The Globe and Mail about her work so far, the toll it takes on her conscience and the makeup of Canada's highest bench": Kirk Makin had this article yesterday in The Toronto Globe and Mail.
Posted at 02:34 PM by Howard Bashman


"Comcast, FCC take net neutrality dispute to court": The Associated Press has this report on a case argued today before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit.

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Appeals Court Warm to Comcast in Fight Against FCC."

Update: At Wired.com's "Threat Level" blog, David Kravets has a post titled "Court to FCC: You Don't Have Power to Enforce Net Neutrality."
Posted at 02:20 PM by Howard Bashman



Today's appellate math lesson -- A three-judge Second Circuit panel reports that it is "evenly divided" on whether federal magistrate judges have authority to impose Rule 11 sanctions: Apparently the vote was one judge says "yes," a second judge says "no," while the third judge says "I don't know" and "I respectfully suggest that this knot needs to be untied by Congress or by the Supreme Court."

You can access today's ruling, which leaves that question unresolved, at this link. Each of the three judges on the panel writes separately on this issue following a short majority opinion that resolves the appeal on an alternate ground.
Posted at 12:00 PM by Howard Bashman



"President Is Said to Decide to Renominate Six Choices": In today's edition of The New York Times, Charlie Savage has an article that begins, "President Obama will renominate Dawn Johnsen to lead the Justice Department's powerful Office of Legal Counsel, along with his choices for five other jobs that the Senate did not act on last year, a White House official said Thursday."
Posted at 11:52 AM by Howard Bashman


"Judith Colenback Savage 1 of 5 nominees for R.I. Supreme Court": The Providence Journal contains this article today.
Posted at 09:44 AM by Howard Bashman


"Deadly gunbattle: Court security to be studied; Parraguirre orders reviews statewide." This article appears today in The Las Vegas Review-Journal. In addition, columnist John L. Smith has an essay headlined "Victim of courthouse shooting remembered: 'He will be missed.'"

The Las Vegas Sun reports today that "Nevada to study courthouse safety in wake of shooting."

And The Reno Gazette-Journal reports that "Review ordered for Nevada court security."
Posted at 09:38 AM by Howard Bashman



"Saints' quarterback Drew Brees weighs in on NFL's Supreme Court case": Drew Brees will have this op-ed in Sunday's edition of The Washington Post.
Posted at 09:32 AM by Howard Bashman


"Relationship Getting Serious? You Can Keep It to Yourself, Appeals Court Tells Defendant." law.com has this report.

My earlier coverage of yesterday's Second Circuit ruling appears at this link.
Posted at 09:30 AM by Howard Bashman



"Koke'e cabin case appealed to U.S. Supreme Court": This article appears today in The Garden Island of Lihue, Kauai, Hawaii.
Posted at 09:24 AM by Howard Bashman


"No more room at the bench: The American Bar Assn. allows unneeded new law schools to open and refuses to regulate them; The government should consider taking steps to stop the flow of attorneys into a saturated marketplace." Mark Greenbaum has this op-ed today in The Los Angeles Times.
Posted at 09:14 AM by Howard Bashman


Thursday, January 7, 2010

"Obama will renominate Butler as a federal judge": The Wisconsin State Journal has this news update.
Posted at 10:35 PM by Howard Bashman


"Calif. High Court Justices Push Past Krishnas' Airport Appeal": law.com has this report.
Posted at 10:34 PM by Howard Bashman


"Examining the 'Life and Constitution' of Antonin Scalia": This segment (transcript with video) featuring Joan Biskupic appeared on this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer."

And in today's edition of The San Francisco Chronicle, Steve Weinberg has this review of Biskupic's new book, "American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia."
Posted at 10:32 PM by Howard Bashman



"Appeals court uneasy with allowing detainees to challenge imprisonment": The Washington Post has a news update that begins, "An appeals court expressed uneasiness Thursday with the ramifications of allowing some detainees at a U.S. military prison in Afghanistan to challenge their imprisonment in federal court."
Posted at 06:07 PM by Howard Bashman


"Bagram Detainees Argue for Habeas Rights at D.C. Circuit": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."

And at "SCOTUSblog," Lyle Denniston has a post titled "Parsing Boumediene: Habeas rights beyond Guantanamo?"
Posted at 04:32 PM by Howard Bashman



"Battle over Bagram detainees echoes Gitmo argument": Pete Yost of The Associated Press has a report that begins, "A federal appeals court panel expressed deep skepticism Thursday about giving three detainees at Bagram Airfield in Afghanistan the same right to challenge their indefinite detention as prisoners at Guantanamo Bay, Cuba."
Posted at 02:33 PM by Howard Bashman


Three-judge Second Circuit panel ponders what constitutes a "significant romantic relationship": According to an opinion issued today, "This appeal requires us to consider the validity of a condition of supervised release that obligated [the defendant-appellant], upon entry into a 'significant romantic relationship,' to notify the United States Probation Department and to inform the other party to the relationship of his conviction."

In the course of striking down that condition of supervised release as unduly vague, the opinion goes on to explain:

We easily conclude that people of common intelligence (or, for that matter, of high intelligence) would find it impossible to agree on the proper application of a release condition triggered by entry into a "significant romantic relationship." What makes a relationship "romantic," let alone "significant" in its romantic depth, can be the subject of endless debate that varies across generations, regions, and genders. For some, it would involve the exchange of gifts such as flowers or chocolates; for others, it would depend on acts of physical intimacy; and for still others, all of these elements could be present yet the relationship, without a promise of exclusivity, would not be "significant." The history of romance is replete with precisely these blurred lines and misunderstandings. See, e.g., Wolfgang Amadeus Mozart, The Marriage of Figaro (1786); Jane Austen, Mansfield Park (Thomas Egerton, 1814); When Harry Met Sally (Columbia Pictures 1989); He's Just Not That Into You (Flower Films 2009).
Thus, although "He's Just Not That Into You" may not receive an Academy Award nomination, the film has already received mention in a federal appellate court ruling. Take that, "The Hurt Locker"!
Posted at 11:33 AM by Howard Bashman


"Gender and U. S. Supreme Court Oral Argument on the Roberts Court: An Empirical Examination of the Sotomayor Hypothesis." James Cleith Phillips and Edward Carter have posted this paper online at SSRN (via "Legal Theory Blog").

If the authors had listed themselves in reverse order, we could call it the Carter-Phillips paper.
Posted at 10:20 AM by Howard Bashman



"The Sins of Guantanamo: We're keeping detainees in the camp because we're afraid of things they haven't done yet?" Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:58 AM by Howard Bashman


"Courthouse workers describe reactions to shooting": This article appears today in The Las Vegas Review-Journal.

And The Las Vegas Sun reports today that "Las Vegas City Council honors victims of federal courthouse shooting; Mayor calls shooting rampage 'horrible episode in our city's history.'"
Posted at 08:00 AM by Howard Bashman



"Quigley, others urge court to leave handgun ban alone": Today in The Chicago Sun-Times, Abdon M. Pallasch has an article that begins, "U.S. Rep. Mike Quigley, D-Chicago, had 54 members of congress join his friend-of-the-court brief Wednesday that urged the court to leave Chicago's handgun ban in place."
Posted at 07:54 AM by Howard Bashman


"Indeglia, R.I. high court nominee, is known for dedication, 'quiet strength'": The Providence Journal contains this article today.
Posted at 07:52 AM by Howard Bashman


"Cox criticizes Obama over carp; He wants to meet with president on issue": This article appears today in The Detroit Free Press.

And The Christian Science Monitor reports today that "Michigan balks at Obama's stance in Asian carp fight; The Obama administration announced Tuesday that it is backing Illinois in a lawsuit over how to stop Asian carp from entering the Great Lakes; Officials in Michigan, who brought the lawsuit, claim that Obama is favoring his home state."
Posted at 07:50 AM by Howard Bashman



"Antitrust Case Has Implications Far Beyond N.F.L." The New York Times contains this article today, along with a related article headlined "American Needle: From Green Celluloid Visors to Caps of All Kinds."

And at Forbes.com, Tom Van Riper has an essay entitled "The NFL Vs. American Needle: Many are hyping the upcoming Supreme Court case as the biggest in sports history; Don't believe it."
Posted at 07:45 AM by Howard Bashman



"The price of justice: The Supreme Court should not backtrack on its ruling that the defense has a right to cross-examine experts who present lab reports for the prosecution." This editorial appears today in The Los Angeles Times.
Posted at 07:42 AM by Howard Bashman


"Jurors Turned Against Companies in 2009 Product-Defect Cases": Bloomberg News has this report.
Posted at 07:28 AM by Howard Bashman


Wednesday, January 6, 2010

"Prop. 8 trial will be shown on YouTube": Bob Egelko of The San Francisco Chronicle has a news update that begins, " Next week's trial in San Francisco of a lawsuit challenging the initiative that banned same-sex marriage in California won't be televised live, but it will be videotaped for delayed Internet release on YouTube, a federal judge ruled Wednesday."

And Howard Mintz of The San Jose Mercury News has an update headlined "Judge approves delayed YouTube video of trial in Prop. 8 challenge."
Posted at 08:07 PM by Howard Bashman



"Calif. court hears Hare Krishna donations case": The Associated Press has a report that begins, "A decades-long dispute between Hare Krishnas and the Los Angeles International Airport over soliciting donations appears to be nearing a resolution, as the California Supreme Court heard arguments Wednesday over whether the airport is a public place."
Posted at 08:05 PM by Howard Bashman


"State will appeal prison-voting ruling to Supreme Court": The Seattle Times has a news update that begins, "Washington state will appeal to the U.S. Supreme Court in an attempt to overturn a surprising federal court ruling that tossed out the state's 120-year-old prohibition against voting by incarcerated felons, Attorney General Rob McKenna said today."

And SeattlePI.com has a report headlined "Prison voting headed to U.S. Supreme Court? State leaders say yes; AG McKenna says he'll argue the case himself if the high court accepts."
Posted at 08:02 PM by Howard Bashman



"Nationwide courthouse security review": The Associated Press has this report.
Posted at 05:33 PM by Howard Bashman


"Gay-marriage foes slam plans to televise Prop 8 trial; Witnesses harassment feared": This article appears today in The Washington Times.
Posted at 11:37 AM by Howard Bashman


"Republicans see courts as last line of defense vs. Democrats' agenda": Alexander Bolton has this article today in The Hill.
Posted at 11:26 AM by Howard Bashman


"Manuel Noriega, the Supreme Court, and the War on Terror": John Elwood has this post at "The Volokh Conspiracy."
Posted at 09:02 AM by Howard Bashman


"New scanners break child porn laws": Yesterday's edition of The Guardian (UK) contained an article that begins, "The rapid introduction of full body scanners at British airports threatens to breach child protection laws which ban the creation of indecent images of children, the Guardian has learned."

And at Wired.com's "Threat Level" blog, Kim Zetter has a post titled "Body Scanners Might Violate U.K. Child-Protection Laws."
Posted at 09:00 AM by Howard Bashman



"A Gitmo bar turncoat?" Josh Gerstein has this post at his "Under the Radar" blog at Politico.com.
Posted at 08:55 AM by Howard Bashman


"Deadly federal courthouse attack: Anger clung to shooter; Wicks killed his brother, had quarrel with government." The Las Vegas Review-Journal contains this article today. In addition, columnist John L. Smith has an essay entitled "Judge marvels at courage of marshals, security officers."

The Memphis Commercial Appeal reports today that "Las Vegas courthouse shooter had violent past in Memphis; Served time for killing brother."

And The Las Vegas Sun reports that "Courthouse gunman had history of brushes with law; Building nearly back to normal a day after deadly attack."
Posted at 08:45 AM by Howard Bashman



"Illinois agencies question science behind Asian carp fears; Department of Natural Resources, water district say shutting down locks would damage shipping industry": This article appears today in The Chicago Tribune.
Posted at 08:40 AM by Howard Bashman


"California proposes new lethal injection procedures; The changes mark a first step toward resuming executions after a four-year moratorium; A federal judge had deemed the previous three-drug method unconstitutional": Carol J. Williams has this article today in The Los Angeles Times.
Posted at 08:35 AM by Howard Bashman


"Washington state felons should have voting rights, federal court rules": This article appears today in The Seattle Times.

And today in The San Francisco Chronicle, Bob Egelko reports that "Court tosses Washington voting ban for felons."

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 08:30 AM by Howard Bashman



"3rd Circuit Tosses $33 Million Verdict Against Bank, Broker Charged With Aiding Ponzi Scheme": Shannon P. Duffy has this article today in The Legal Intelligencer.

You can access Monday's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 08:20 AM by Howard Bashman



"Court Backs War Powers Over Rights of Detainees": John Schwartz has this article today in The New York Times.

David G. Savage of The Los Angeles Times reports today that "Court upholds U.S. right to hold Guantanamo prisoners; An appeals court says suspects may be detained indefinitely so long as the government can show their ties to Al Qaeda or the Taliban."

The Washington Post reports that "Appeals court upholds ruling to detain terror suspect."

And Warren Richey of The Christian Science Monitor reports that "Court sets new rules for legal challenges at Guantanamo; A federal appeals court in Washington ruled against a cook who worked for an Al Qaeda-linked group and was challenging the legality of his detention; The ruling clarified the ground rules for future habeas corpus cases brought by Guantanamo detainees."

My earlier coverage of yesterday's D.C. Circuit ruling appears at this link.
Posted at 08:14 AM by Howard Bashman



"Appeals court bars death penalty for Las Vegas killer": The Las Vegas Sun has a report that begins, "In a 2-1 decision, a federal appeals court has ruled that Las Vegas killer James Harrison cannot receive the death penalty as punishment for his fatal 2002 stabbing of a Las Vegas driving instructor."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Circuit Judge Stephen Reinhardt wrote the majority opinion, in which Senior Circuit Judge Procter Hug, Jr. joined. Circuit Judge Barry G. Silverman issued a dissenting opinion. This is unlikely to be the last that we hear of this case, as the prosecution can still seek rehearing en banc and, if necessary, U.S. Supreme Court review.

By the way, a profile of Judge Silverman that appeared in the August 31, 2007 issue of The East Valley Tribune is headlined "Federal judge's humor just one key asset."
Posted at 07:40 AM by Howard Bashman



Tuesday, January 5, 2010

"Federal appeals court judges question dismissal of R.I. child advocate's lawsuit": Wednesday's edition of The Providence Journal will contain an article that begins, "A federal appeals court panel that includes retired U.S. Supreme Court Justice David H. Souter appeared perplexed Tuesday by the dismissal of a lawsuit that accuses the Rhode Island Department of Children, Youth and Families of widespread abuse and neglect of children in state foster care."
Posted at 10:54 PM by Howard Bashman


"NFL Aims to Keep Rivalries on Field in Clothing Case": Greg Stohr of Bloomberg News has this report.
Posted at 10:50 PM by Howard Bashman


"Feds oppose closing locks to stop Asian carp": The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "US opposes waterways disruption; Resisting new fish migration case."
Posted at 08:50 PM by Howard Bashman



"Federal judge asks prosecutors to put a price on child porn; A federal judge pushes prosecutors to demand restitution from those caught with explicit photos": This article appears today in The Minneapolis Star Tribune.

And Minnesota Public Radio has written reports headlined "Judge: Why no restitution in child porn cases?" and "Advocates applaud judge's call for child porn victim restitution."
Posted at 05:44 PM by Howard Bashman



"Washington prisoners entitled to vote, federal court rules; Judge: Racial discrimination claims have merit." SeattlePI.com has this report.

The Associated Press has a report headlined "Fed judges: Wash. felony inmates should get vote."

And the "Sentencing Law and Policy" blog has a post titled "Split Ninth Circuit panel finds Washington's disenfranchisement of felons violates the VRA."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 05:37 PM by Howard Bashman



"U.S. judge strikes part of tobacco ad, label law": Reuters has a report that begins, "A U.S. judge upheld most of a sweeping federal law limiting the marketing of cigarettes through sponsorships and on merchandise, but struck down limits on advertising and labels that tobacco companies said violated their free speech rights."

The Associated Press reports that "Judge says color, graphics OK in tobacco ads."

And Dow Jones Newswires report that "Federal Judge Leaves Bulk Of FDA Tobacco Law Intact."

I have posted online at this link yesterday's ruling of the U.S. District Court for the Western District of Kentucky.
Posted at 04:50 PM by Howard Bashman



"Work-Product Battle Reaches Supreme Court": Today at "The BLT: The Blog of Legal Times," Marcia Coyle has a post that begins, "A closely watched federal tax case involving the scope of the work-product doctrine has reached the U.S. Supreme Court."

Via "TaxProf Blog," you can access the cert. petition at this link.
Posted at 03:55 PM by Howard Bashman



"Yemeni loses appeal for release from Guantanamo": Reuters has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.

At "SCOTUSblog," Lyle Denniston has a post titled "Wide detention power upheld; Circuit's first ruling post-Boumediene."

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "D.C. Circuit Rules Against Military Detainee in Habeas Case."
Posted at 03:47 PM by Howard Bashman



"Judge Birch to retire from appeals court in August": In today's edition of The Atlanta Journal-Constitution, Bill Rankin has an article that begins, "Judge Stanley Birch will retire from the federal appeals court in August to join a private mediation and arbitration firm, the Atlanta judge said Monday."

My "20 questions for the appellate judge" interview with Eleventh Circuit Judge Stanley F. Birch, Jr. appeared at this link on October 7, 2003.
Posted at 09:24 AM by Howard Bashman



"Cooper was good guy who wore smile well, friends say; U.S. courthouse officer gunned down while standing guard at metal detector": This article appears today in The Las Vegas Review-Journal.

And today's edition of The Las Vegas Sun contains articles headlined "Even courthouse designed for safety can be compromised"; "Shooting ends gunman's two-year battle over benefits"; and "Neighbors' run-ins with gunman bring mixed reactions."
Posted at 07:52 AM by Howard Bashman



"Prosecutor conduct case before Supreme Court is settled; Two Iowa men freed after spending 26 years in prison for murder had sued, saying prosecutors framed them; With justices signaling they might favor the men, the county settles for $12 million": David G. Savage has this article today in The Los Angeles Times.

The Des Moines Register reports today that "$12 million wrongful conviction settlement is hailed."

And Warren Richey of The Christian Science Monitor reports that "Supreme Court drops key case on limits of immunity for prosecutors; Prosecutors alleged to have framed two innocent men for a murder agreed on a $12 million settlement Monday; A Supreme Court ruling could have clarified the limits of immunity for prosecutors - a legal issue that had even the Obama administration commenting on the case."
Posted at 07:45 AM by Howard Bashman



"State's limits on punitive damages challenged": The Las Vegas Review-Journal contains this article today.
Posted at 07:44 AM by Howard Bashman


"State Supreme Court to hear Krishna LAX free speech case": This article appears in The Daily Breeze of Torrance, California.
Posted at 07:42 AM by Howard Bashman


"Citizens of the West: Tom and Rebecca Kourlis." The Denver Post contains this article today.
Posted at 07:40 AM by Howard Bashman


"R.I. high court nominee Zurier a 'tough-minded' and devoted mentor": This article appears today in The Providence Journal.
Posted at 07:35 AM by Howard Bashman


"Slow Going in Senate for DOJ, Judicial Nominees; Only three circuit and nine district judges confirmed last year": David Ingram of The National Law Journal has this report.
Posted at 07:32 AM by Howard Bashman


"Justice Clarence Thomas in Savannah to mark dedication of SCAD building; Savannah native returns home for dedication of SCAD center in his name": This article appears today in The Savannah Morning News.
Posted at 07:30 AM by Howard Bashman


Strange, Justice: The Jacksboro (Tex.) Gazette-News reported yesterday that "Strange seeks seat on high court."
Posted at 07:28 AM by Howard Bashman


Monday, January 4, 2010

"Former Clerks Are Sitting Pretty": Today in The Daily Journal of California, Lawrence Hurley has an article that begins, "At a time when law school graduates are increasingly struggling to get hired or facing lower pay, one elite group is sitting pretty: former U.S. Supreme Court clerks."
Posted at 08:50 PM by Howard Bashman


"Courthouse gunman upset over Social Security benefits case; Officer dies in federal courthouse shooting; suspect dies in shootout": The Las Vegas Sun has this news update.

The Los Angeles Times has a news update headlined "Shootout at Las Vegas courthouse kills 2; A deputy U.S. marshal is wounded and a court security officer dies, along with the gunman, identified as Johnny Lee Wicks, a 66-year-old retiree disgruntled over cuts in his Social Security benefits."

And The New York Times has a news update headlined "Two Killed in Las Vegas Courthouse."
Posted at 08:20 PM by Howard Bashman



"Case over Iowa prosecutors' conduct is settled": The Associated Press has a report that begins, "A multimillion-dollar settlement has ended a wrongful prosecution case from Iowa that was being considered by the Supreme Court."
Posted at 06:09 PM by Howard Bashman


"Chief Justice's Annual Report: A Missed Opportunity?" Tony Mauro has this post today at "The BLT: The Blog of Legal Times."

I collected additional coverage of the report in this post from New Year's Day.
Posted at 06:02 PM by Howard Bashman



"Scalia: Varied job experience needed on high court." The Associated Press has this report.
Posted at 05:55 PM by Howard Bashman


"Group Gives Up Death Penalty Work in Frustration": In Tuesday's edition of The New York Times, Adam Liptak will have this new installment of his "Sidebar" column.
Posted at 04:02 PM by Howard Bashman


"Threats against federal judges, prosecutors are up": The Associated Press has this report.

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "DOJ: Better Effort Needed to Protect Judges, Prosecutors."

You can access the redacted report that the Evaluation and Inspections Division of the U.S. Department of Justice's Office of the Inspector General posted online today by clicking here.
Posted at 03:55 PM by Howard Bashman



"Appeals court upholds Moussaoui's conviction, life prison term": Jerry Markon of The Washington Post has a news update that begins, "A federal appeals court on Monday upheld the conviction and life prison term of Zacarias Moussaoui, the only person convicted in a U.S. court in connection with the Sept. 11, 2001, terrorist attacks."

The Associated Press reports that "US court rejects Zacarias Moussaoui's appeal."

Bill Mears of CNN.com reports that "Terrorist Zacarias Moussaoui's appeal of life sentence denied."

Reuters reports that "September 11 conspirator loses U.S. court appeal."

And at "SCOTUSblog," Lyle Denniston has a post titled "9/11 conviction stands."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 03:45 PM by Howard Bashman



"Court officer, suspect killed in courthouse shooting": The Las Vegas Review-Journal has a news update that begins, "A court officer and a suspect died in a shooting this morning at the Lloyd George U.S. Courthouse, 333 Las Vegas Boulevard South. A second officer also was shot and transported to University Medial Center. His condition is listed as serious, according hospital spokesman Rick Plummer."

The Associated Press reports that "Guard, gunman dead in Vegas federal building shots."

And CNN.com reports that "Guard killed, marshal injured in Las Vegas courthouse shooting."
Posted at 02:10 PM by Howard Bashman



"Pfizer Must Face Menopause-Drug Award, Court Finds": Jef Feeley of Bloomberg News has this report on last Thursday's ruling of the Superior Court of Pennsylvania. My earlier coverage appears at this link.
Posted at 10:33 AM by Howard Bashman


"Death Row Cases Decline In 2009": Today's broadcast of NPR's "Morning Edition" contained this audio segment.
Posted at 07:50 AM by Howard Bashman


"Yes, It Was Torture, and Illegal": This editorial criticizing the U.S. Supreme Court's denial of review in a Guantanamo-related case appears today in The New York Times.
Posted at 07:48 AM by Howard Bashman


"No ifs, ands or butts: Since actors are allowed to use fake cigarettes in Colorado theater shows, their right of expression isn't being denied." The Denver Post contains this editorial today.
Posted at 07:46 AM by Howard Bashman


"BC's Rehnquist dons robes of scout team": This article appears today in The Boston Globe.
Posted at 07:44 AM by Howard Bashman


"Clear evidence": Today's edition of The Philadelphia Inquirer contains an editorial that begins, "The case for reforming the way Pennsylvania selects its judges keeps getting stronger. As evidence, take the lavishly funded race in November for a single Supreme Court seat, and the still-unraveling judicial scandal in Luzerne County."
Posted at 07:42 AM by Howard Bashman


"Billboard-ban lawsuit centers on free speech; Sign company accuses L.A. Council of violating the 1st Amendment by creating a system that grants exceptions unevenly -- letting some companies post new billboards and supergraphics and barring others": This article about a case pending before the U.S. Court of Appeals for the Ninth Circuit appears today in The Los Angeles Times.
Posted at 07:25 AM by Howard Bashman


"Number Nine: Sonia Sotomayor's high-profile debut." Lauren Collins has this lengthy profile of the U.S. Supreme Court's newest Justice in the January 11, 2010 issue of The New Yorker.
Posted at 07:18 AM by Howard Bashman


Sunday, January 3, 2010

"R.I. high court candidate Lanni both 'tough and congenial'": Monday's edition of The Providence Journal will contain an article that begins, "Of all the candidates vying for a vacant seat on the Rhode Island Supreme Court, Sandra A. Lanni is the most experienced trial lawyer with the most diverse group of clients. But of the finalists, she is also the least known to the public."
Posted at 10:40 PM by Howard Bashman


"First Up For High Court In 2010: Campaign Finance." This audio segment featuring Nina Totenberg appeared on last Thursday's broadcast of NPR's "Morning Edition."
Posted at 10:38 PM by Howard Bashman


"Sotomayor keeps community bonds tight": Joan Biskupic had this article last Tuesday in USA Today.

And today, both The Buffalo News and The Tulsa World published reviews of Biskupic's newest book, "American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia."
Posted at 07:58 PM by Howard Bashman



"Avaricious developers and governments twist the meaning of 'blight'": Columnist George F. Will has this op-ed today in The Washington Post.
Posted at 07:48 PM by Howard Bashman


"MI Supreme Ct: Direction reverses, divide remains." The Associated Press has a report that begins, "The Michigan Supreme Court underwent a major transformation in 2009, when a Democrat who defeated a Republican incumbent set in motion a series of rulings that favor injured people with damage claims and tighten judicial ethics. One thing that hasn't changed is a bitter ideological split that has led to sharp attacks, ridicule and mockery by justices against their colleagues."
Posted at 01:27 PM by Howard Bashman


"Doubts remain -- but legal recourse does not -- in Kevin Cooper case; With his last appeal denied, Cooper faces execution in the 1983 slaying of a Chino Hills family; Several jurors, judges and a prison warden now question the evidence that convicted him": Carol J. Williams has this article today in The Los Angeles Times.
Posted at 01:25 PM by Howard Bashman


"U.S. Supreme Court: Is healthcare reform constitutional?" Michael Kirkland of UPI has this report.
Posted at 01:18 PM by Howard Bashman


"Supreme Court to weigh NFL and antitrust laws; The justices will consider whether the pro football league is shielded from such laws; a ruling in the NFL's favor could let it raise ticket prices and limit player salaries": David G. Savage will have this article Monday in The Los Angeles Times.
Posted at 01:15 PM by Howard Bashman


Saturday, January 2, 2010

"Judicial Conduct Board tries to fight bad publicity from case against judges": Today's edition of The Pittsburgh Post-Gazette contains an article that begins, "The state Judicial Conduct Board says it's tired of getting kicked around in the news media over a case of alleged judicial misconduct in northeast Pennsylvania, so it's launched a counterattack before the state Supreme Court."
Posted at 10:42 PM by Howard Bashman


"A Judge and a Politician": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 02:07 PM by Howard Bashman


"Denver theater company to take smoking-ban case to U.S. Supreme Court": This article appeared Thursday in The Denver Post.
Posted at 01:34 PM by Howard Bashman


"A Man of Influence": In tomorrow's Sunday Book Review section of The New York Times, law professor Jeffrey Rosen will have this review of Joan Biskupic's new book, "American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia."

And speaking of Justice Scalia, his dislike of the word "choate" is the subject of tomorrow's "On Language" column in The New York Times Magazine.
Posted at 01:33 PM by Howard Bashman



"Some foes of health bill hope courts will stop legislation": Sunday's edition of The Washington Post will contain an article that begins, "Opponents of the health-care reform bill are not giving up the fight, and some think their last, best hope to halt the legislation lies not in the Capitol but in the court across the street."
Posted at 01:30 PM by Howard Bashman


"Canada's Free Press": Today's edition of The New York Times contains an editorial that begins, "In a welcome move toward increased freedom of expression, the Supreme Court of Canada has issued two rulings that will give reporters a new legal defense for 'responsible communication.'"

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



"A Nation of Do-It-Yourself Lawyers": Today in The New York Times, Chief Justice John T. Broderick Jr. of New Hampshire and Chief Justice Ronald M. George of California have this op-ed.
Posted at 11:10 AM by Howard Bashman


Friday, January 1, 2010

"Auld Lang Syne": CBS News chief legal correspondent Jan Crawford has this post today at her new "Crossroads" blog.
Posted at 09:14 PM by Howard Bashman


"Obama Treads Fine Line With His Liberal Supporters": In yesterday's edition of The Daily Journal of California, Lawrence Hurley had an article that begins, "In its first year in office, the Obama administration has walked a fine line in its cases before the Supreme Court, disappointing some supporters with its hard line on terrorism detainees while breaking with the Bush administration on business issues."
Posted at 04:35 PM by Howard Bashman


"Solving the federal judicial selection problem": Law professor Carl Tobias has this op-ed at the web site of McClatchy Newspapers.
Posted at 01:30 PM by Howard Bashman


"Judging the Judges: Veil of secrecy stirring calls for change." In yesterday's edition of The Houston Chronicle, Lise Olsen had an article that begins, "Just 12 chief federal judges wield almost exclusive power over secret misconduct investigations of more than 2,000 fellow jurists -- though some have themselves been accused of botching reviews or committing ethical blunders, according to a Houston Chronicle review."
Posted at 01:27 PM by Howard Bashman


"Calif. Judge Said to Be on Short List for Federal Circuit": law.com has an article that begins, "Will Silicon Valley finally get a judge on the very high court of patent law? San Jose, Calif.-based U.S. District Judge Jeremy Fogel is on the White House short list for the open spot on the U.S. Court of Appeals for the Federal Circuit, according to a person briefed on the matter."
Posted at 11:33 AM by Howard Bashman


"A Busy Year for Judiciary, Roberts Says": Adam Liptak has this article today in The New York Times.

Today in The Washington Post, Robert Barnes reports that "Supreme Court Chief Justice Roberts opts not to ask Congress to raise judicial salaries."

Mark Sherman of The Associated Press has an article headlined "Report: Immigration cases at record levels in 2009."

At "SCOTUSblog," Lyle Denniston has a post titled "No wish list for the Chief; A gesture to hard times."

And at "The BLT: The Blog of Legal Times," Carrie Levine has a post titled "Chief Justice: Courts Operating Soundly."

You can access Chief Justice John G. Roberts, Jr.'s "2009 Year-End Report on the Federal Judiciary" by clicking here.
Posted at 11:27 AM by Howard Bashman



Best wishes for a healthy, happy, and rewarding 2010! Thanks so very much to all of this blog's readers for their frequent visits to the site in 2009, and a special thanks to those readers who took the time to send along thoughts, links, or tips via email.

2009 was a wonderful year for me. At work, even before yesterday's important victory, 2009 was a great year -- the best since I began my solo appellate practice. I wrote a total of twenty-one appellate briefs. I presented eight appellate oral arguments. I wrote two responses in opposition to complex post-trial motions filed to challenge the verdicts that resolved two lengthy jury trials and assisted in briefing post-trial motions filed in a third case that's at least equally as complicated. One of these three cases has already resulted in appellate work (namely, the Brief for Appellees that I filed in the Pa. Superior Court two days ago) and the other two are likely to do so in 2010. And this year is already off to a fast start, with several appellate briefs due this month and a federal court appellate oral argument likely to occur later this month.

Here at "How Appealing" in 2009 -- in addition to the usual volume of frequently updated new posts -- I made blog-related visits to New Orleans; Covington, Kentucky; Huntington, West Virginia; and Washington, DC. The trip to New Orleans was particularly wonderful, given that my wife was finally again able to accompany me on a blog-related trip (her first since we went to Brainerd, Minnesota in July, 2006), and this blog's readers provided excellent suggestions for restaurants and other fun things to do.

On the home front, 2009 also had many fond memories. The baseball team on which my son played had a better end to its year than the Philadelphia Phillies did, although the opposing team admittedly did not have the payroll of the New York Yankees. My son and I attended a Phillies World Series home game for the second year in a row, and the Phillies won both of those games. We also got to see every Phillies minor league team play at home except for the ones based in Florida. We attended a minor league baseball all star game. We got to see games played in the new Yankees and Mets stadiums. And we won't soon forget our early September minor and major league baseball road trip that took us to Williamsport, Pa.; Altoona, Pa. (where the Altoona Curve baseball team features mascot Al Tuna, seen here on video); Niles, Ohio, Akron; Cleveland; and Pittsburgh, before a non-baseball stop at the Gettysburg battlefields. For 2010, we've purchased a full season ticket plan for the Phillies, in place of the Sunday plan that we've enjoyed in years past. Last but not least, in 2009 I officially turned old.

In closing, thanks to all of this blog's readers and to my clients, colleagues, friends, and family who made 2009 such a wonderful year. And I hope that 2010 is an even better year for all.
Posted at 11:15 AM by Howard Bashman







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