How Appealing

Wednesday, March 31, 2010

"The Power of Posner: A Study of Prestige and Influence in the Federal Judiciary." Christopher C. McCurdy and Ryan P. Thompson have posted this paper online at SSRN.
Posted at 04:22 PM by Howard Bashman


"Islamic charity wins suit over wiretapping": At his "Under the Radar" blog at Politico.com, Josh Gerstein has a post that begins, "A defunct Islamic charity has won its closely watched lawsuit over the Bush administration's warrantless wiretapping program, a federal judge ruled Wednesday." You can access the opinion at this link.

And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Court Says Bush Illegally Wiretapped Two Americans."
Posted at 04:15 PM by Howard Bashman



"Communicating With Those Who Have No Privacy Rights: The Hard Question in City of Ontario v. Quon." Orin Kerr has this post at "The Volokh Conspiracy."
Posted at 11:17 AM by Howard Bashman


Access online today's opinions of the U.S. Supreme Court in argued cases: The Court today issued two rulings in argued cases.

1. Justice Antonin Scalia announced the judgment of the Court and delivered the opinion of the Court in part in Shady Grove Orthopedic Associates, P.A. v. Allstate Ins. Co., No. 08-1008. You can access the Court's ruling at this link, while the oral argument transcript can be accessed here. This case produced an interesting line-up of Justices in that the result was 5-4 and the dissenting opinion was written by Justice Ruth Bader Ginsburg and joined in by Justices Anthony M. Kennedy, Stephen G. Breyer, and Samuel A. Alito, Jr.

2. In the final ruling issued today, Justice John Paul Stevens delivered the opinion of the Court in Padilla v. Kentucky, No. 08-651. Justice Alito issued an opinion concurring in the judgment, in which the Chief Justice joined. And Justice Scalia issued a dissenting opinion, in which Justice Clarence Thomas joined. You can access the oral argument transcript at this link.

Update: In early news coverage, The Associated Press has a report headlined "Court: Defendants entitled to immigration advice."
Posted at 10:07 AM by Howard Bashman



"Obama's Recess Appointments Put Focus On Holds": This audio segment appeared on yesterday evening's broadcast of NPR's "All Things Considered."
Posted at 09:06 AM by Howard Bashman


"N.J. Supreme Court upholds privacy of personal e-mails accessed at work": Today's edition of The Newark Star-Ledger contains an article that begins, "A company should not have read e-mails a former employee wrote to her lawyer from a private, password-protected web account, even though she sent them from her employer's computer, according to a state Supreme Court ruling today that attorneys said could influence workplace privacy rules across the country."

You can access yesterday's ruling of the Supreme Court of New Jersey at this link. The opinion's syllabus begins, "This case presents novel questions about the extent to which an employee can expect privacy and confidentiality in e-mails with her attorney, which she sent and received through her personal, password-protected, web-based e-mail account using an employer-issued computer."
Posted at 09:04 AM by Howard Bashman



"Supreme Court's first female justice lectures in Claremont": This article appears today in The Inland Valley Daily Bulletin of Ontario, California.
Posted at 09:00 AM by Howard Bashman


"Abortion bill clears Round 1": Today's edition of The Omaha World-Herald contains an article that begins, "Nebraska lawmakers moved the state back into the spotlight of the national debate over abortion on Wednesday night. On a 38-5 vote, senators advanced a bill that would set a 'bright line' when abortions could no longer be performed in the state."

And The Lincoln Journal Star reports today that "Bill to tighten abortion restrictions gains first-round approval."
Posted at 08:57 AM by Howard Bashman



"Is mandate constitutional? If the individual health insurance mandate survives court challenges, states' rights will have withered before our eyes." Law professor Jonathan Turley has this op-ed today in USA Today.
Posted at 08:52 AM by Howard Bashman


"Supreme Court restricts whistle-blower lawsuits": Joan Biskupic has this article today in USA Today.
Posted at 08:50 AM by Howard Bashman


"States act to revise judicial selection; Influence worries rise as money floods races": Fredreka Schouten has this front page article today in USA Today.

And today's edition of The Philadelphia Inquirer contains an editorial entitled "High court justice for sale?"
Posted at 08:44 AM by Howard Bashman



"Justices Set Aside Ruling on Mutual Fund Fees": Adam Liptak has this article today in The New York Times.

Today in The Washington Post, Robert Barnes reports that "Supreme Court sticks with longtime stand on fees for mutual funds."

David G. Savage of The Los Angeles Times reports that "Justices give mutual fund investors a crack at suing over exorbitant fees; In one of its most closely watched business cases this term, the Supreme Court still made it hard to win such claims and warned against judicial 'second-guessing' of independent boards' fee decisions."

USA Today reports that "Mutual fund fees case goes back to lower court; High court says fees hinge on criteria set in 1982 case."

And Tony Mauro of The National Law Journal has an article headlined "Spin or Win for Investment Industry in High Court Mutual Funds Case?"
Posted at 08:42 AM by Howard Bashman



"How One Marijuana Cigarette May Lead to Deportation": This article appears today in The New York Times, along with a related editorial entitled "Wishing Doesn't Make It Law."

And today's edition of The Washington Post contains an editorial entitled "Should minor drug offenses lead to deportation?"
Posted at 08:30 AM by Howard Bashman



Tuesday, March 30, 2010

"Ken Starr tells Texas Wesleyan law students that legal profession is 'under a lot of stress'": The Fort Worth Star-Telegram has a news update that begins, "Ken Starr -- the independent counsel who investigated Whitewater and former President Bill Clinton's relationship with intern Monica Lewinsky -- says he's had one key disappointment in his professional career: not being named to serve on the U.S. Supreme Court."
Posted at 11:34 PM by Howard Bashman


"White House Court Brief Backs Race-Based Admissions": In Wednesday's edition of The Wall Street Journal, Jess Bravin will have an article that begins, "The Obama administration has asked a federal appeals court to uphold a race-conscious admissions system at the University of Texas at Austin, aiming to stymie a lawsuit that conservatives hope will spur the Supreme Court to limit affirmative action at public colleges." You can freely access the full text of the article via Google News.
Posted at 11:28 PM by Howard Bashman


"Supreme Court justices have a good time debating 'good time'": Bill Mears of CNN.com has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Barber v. Thomas, No. 09-5201.
Posted at 11:22 PM by Howard Bashman



"Mutual Fund Investor Suits Limited by Top U.S. Court": Greg Stohr of Bloomberg News has this report.

James Vicini of Reuters reports that "Top court hands victory to mutual fund industry."

And Brent Kendall of Dow Jones Newswires reports that "US High Court Sends Fund Fees Case Back For More Proceedings."
Posted at 12:11 PM by Howard Bashman



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

1. Justice Samuel A. Alito, Jr. delivered the opinion for a unanimous Court in Jones v. Harris Associates L.P., No. 08-586. In addition, Justice Clarence Thomas issued a concurring opinion. You can access the oral argument transcript at this link.

2. Justice Ruth Bader Ginsburg delivered the opinion for a unanimous Court in Berghuis v. Smith, No. 08-1402. In addition, Justice Thomas issued a concurring opinion. You can access the oral argument transcript at this link.

3. And Justice John Paul Stevens delivered the opinion of the Court in Graham County Soil and Water Conservation Dist. v. United States ex rel. Wilson, No. 08-304. Justice Antonin Scalia filed an opinion concurring in part and concurring in the judgment. Justice Sonia Sotomayor filed a dissenting opinion, in which Justice Stephen G. Breyer joined. You can access the oral argument transcript at this link.

In early news coverage, The Associated Press reports that "Court says judges can settle mutual fund fee fight" and "High court restricts whistleblower lawsuits."
Posted at 10:03 AM by Howard Bashman



"Gag order targeted; Coverage limit forbidden, Blade contends": Jim Provance has this article today in The Toledo Blade.
Posted at 08:33 AM by Howard Bashman


"Retrial due in slaying of ex-Raider's daughter": Bob Egelko has this article today in The San Francisco Chronicle.

And The San Jose Mercury News reports today that "San Mateo County prosecutors say they will retry killer of football star's daughter."
Posted at 08:30 AM by Howard Bashman



"Ruling stymies child sex-abuse case; Citing a 2004 decision that limits the use of videotaped interviews, Hennepin County won't prosecute a case involving 4-year-old victim": This article appears today in The Minneapolis Star Tribune.
Posted at 08:26 AM by Howard Bashman


"Supreme Court Justices Hostile to 'Foreign-Cubed' Cases": Tony Mauro of The National Law Journal has this report.
Posted at 08:23 AM by Howard Bashman


"Majority of D.A.s in state oppose Obama nominee": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Forty-two of California's 58 county district attorneys are opposing President Obama's nomination of Goodwin Liu to the federal appeals court in San Francisco, saying they believe the UC Berkeley law professor is hostile to the death penalty."
Posted at 08:10 AM by Howard Bashman


"Supreme Court cases test speech rights -- and more; Politically charged disputes put a spotlight on justices": Joan Biskupic has this article today in USA Today.
Posted at 08:04 AM by Howard Bashman


Monday, March 29, 2010

"Marine dad must pay Phelps' fees; His $5M verdict overturned, dad of deceased Marine now owes the picketers": The Topeka Capital-Journal has this news update.

The York (Pa.) Daily Record has a news update headlined "Father must pay Westboro Baptist Church $16,500."

And The Associated Press reports that "Marine's dad ordered to pay protesters' court fees."
Posted at 11:33 PM by Howard Bashman



"Domestic Violence Victim Fights for Her Name at the Supreme Court; Case asks who truly enforces restraining orders": law.com has this report.
Posted at 11:29 PM by Howard Bashman


"Justice Crooks to stay on Gableman ethics case": The Milwaukee Journal Sentinel has a news update that begins, "State Supreme Court Justice N. Patrick Crooks will stay on the ethics case of fellow Justice Michael Gableman, who asked Crooks to step aside."
Posted at 11:27 PM by Howard Bashman


"US judge urges skepticism on forensic evidence; Gertner says she'll expect defense lawyers to challenge its validity": Today in The Boston Globe, Jonathan Saltzman has an article that begins, "'CSI' may make for gripping television, but US District Court Judge Nancy Gertner says forensic evidence isn't everything it's cracked up to be. In a move that some legal scholars said may be the first by a federal judge, Gertner has ordered defense lawyers and prosecutors not to assume that evidence routinely accepted in the courts for decades is reliable. Defense lawyers, she wrote, should vigorously challenge fingerprints, bullet identification, handwriting, and other trace evidence, and prosecutors should be prepared to show it is valid."
Posted at 03:03 PM by Howard Bashman


"Lawyers vs. Health Reform: Why the court challenges will fail." Dahlia Lithwick has this essay in the April 5, 2010 issue of Newsweek.
Posted at 02:58 PM by Howard Bashman


"FBI gives a glimpse of its most secret layer": This article appears today in The Boston Globe.
Posted at 02:27 PM by Howard Bashman


"High court weighs fraud lawsuit vs. Aussie bank": Mark Sherman of The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Curb on securities suits?"

Update: You can access at this link the transcript of today's U.S. Supreme Court oral argument in Morrison v. National Australia Bank Ltd., No. 08-1191.
Posted at 02:14 PM by Howard Bashman



"Obama backs secrecy for Bush pardon denials": Josh Gerstein has this post at his "Under the Radar" blog at Politico.com.
Posted at 12:33 PM by Howard Bashman


"Obama, Senate Need to Move Fast on Vacancies": Today in Roll Call, law professor Carl Tobias has an essay that begins, "When Barack Obama was elected president, four of 15 judgeships stood vacant on the U.S. Court of Appeals for the 4th Circuit, which covers Maryland, Virginia, West Virginia and the Carolinas."
Posted at 11:10 AM 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 today in any cases.

In early news coverage, The Associated Press has reports headlined "Court won't hear frequent flyer point broker case" and "Court won't stop new trial in Biletnikoff death."
Posted at 10:12 AM by Howard Bashman



"Tensions Flare After Recess Maneuver; Obama Bypasses Senate on 15 Stalled Appointments, Drawing Fierce GOP Criticism": This article appears today in The Wall Street Journal. You can freely access the full text of the article via Google News.
Posted at 09:02 AM by Howard Bashman


"Defending due process for Guantanamo detainees; Defense attorneys for Guantanamo detainees stand up for due process despite hate mail, threats, and Dick Cheney's daughter": The Christian Science Monitor has this report.
Posted at 08:52 AM by Howard Bashman


"Supreme Court may weigh coverage mandate; Health care reform now in court's hands": This article appears today in The Washington Times.

And Alexander Bolton of The Hill reports that "GOP views Supreme Court as last line of defense on health reform."
Posted at 08:50 AM by Howard Bashman



"Obama nominates Arizona judge to 9th Circuit Appeals Court; Mary Murguia, a Kansas native and twin of Janet Murguia, head of the National Council of La Raza, has served for 10 years on the federal district bench in Arizona": Carol J. Williams had this article Saturday in The Los Angeles Times.
Posted at 08:45 AM by Howard Bashman


"US Supreme Court ruling on 'cubed case' could scare off foreign companies": This article appears today in The Times of London.

And Tony Mauro of The National Law Journal reports that "Justices to Consider a Border Battle Over Lawsuits; High court case challenges use of American courts by foreign plaintiffs."
Posted at 08:37 AM by Howard Bashman



"In Berkeley, Yoo feels at home as a stranger in a strange land; The Bush administration lawyer who gave legal cover to enhanced interrogation methods says he's happy teaching at Boalt Hall School of Law, despite calls for his ouster and protests by liberal groups": Carol J. Williams has this front page article today in The Los Angeles Times.
Posted at 08:32 AM by Howard Bashman


Sunday, March 28, 2010

"Democrats Defend Appointments": Monday's edition of The New York Times will contain an article that begins, "A leading Republican predicted Sunday that President Obama's appointment of 15 officials while sidestepping Senate confirmation would make it more difficult to get bipartisan support for future legislation."
Posted at 10:30 PM by Howard Bashman


"Obama Team Is Divided on Tactics Against Terrorism": Charlie Savage will have this article Monday in The New York Times.

And at Politico.com, Josh Gerstein has an article headlined "No good options for President Obama in Khalid Sheikh Mohammed trial."
Posted at 10:24 PM by Howard Bashman



"Chief justice's defeat in '86 marked turning point; Contest altered complexion of judicial races; result set stage for GOP dominance on bench": Jim Provance has this article today in The Toledo Blade.
Posted at 03:47 PM by Howard Bashman


"Time nearly up on malpractice suit against missing doctor; Family's case against doctor who could not be found by legal deadline has gone to Texas Supreme Court": Chuck Lindell has this interesting article today in The Austin American-Statesman.
Posted at 03:45 PM by Howard Bashman


"The 'individual mandate' an intrusion on civil society": Law professor John Yoo has this op-ed today in The Philadelphia Inquirer.
Posted at 03:44 PM by Howard Bashman


"McDonald's and strip-search victim settle lawsuit": Yesterday's edition of The Louisville Courier-Journal contained an article that begins, "With both sides unwilling to take their chances on an appeal, McDonald's and strip-search victim Louise Ogborn have settled the lawsuit in which a jury awarded her $6.1 million."

This blog's earlier coverage of the case can be accessed here.
Posted at 03:37 PM by Howard Bashman



"Cocaine sentencing inequity goes to top court; Supreme Court will hear Percy Dillon's plea for a substantial sentence reduction": In today's edition of The Pittsburgh Post-Gazette, Paula Reed Ward has this article about a case that is scheduled to be argued on Tuesday before the U.S. Supreme Court.
Posted at 03:29 PM by Howard Bashman


Saturday, March 27, 2010

"Courts Take On Campaign Finance Decision": Adam Liptak has this article today in The New York Times.

Today in The Los Angeles Times, David G. Savage reports that "Rulings split on campaign fundraising; A three-judge panel rejects a GOP challenge to limits on direct contributions to candidates or political parties; A D.C. appeals court rules that independent groups may spend as much as they wish."

And The Washington Post reports that "Ruling allows contributions to activist groups for campaigns."
Posted at 09:58 PM by Howard Bashman



"An Exceptional Nominee": Sunday's edition of The New York Times will contain an editorial that begins, "The first major appeals-court nomination fight of the Obama presidency may be shaping up over Goodwin Liu, a highly qualified teacher and legal scholar."
Posted at 09:54 PM by Howard Bashman


"After a Supreme Court Loss, Washington's Gun Laws Pass Muster": John Schwartz has this article today in The New York Times.

And today's edition of The Washington Post contains an article headlined "Federal judge upholds D.C. gun regulations; appeal expected."
Posted at 09:28 PM by Howard Bashman



"Ruling on drug cases may spur appeals; Hundreds could seek new trial, early release": The Boston Globe today contains an article that begins, "Hundreds of drug cases could be appealed and some convicted drug dealers could win early release because of a ruling by the state's highest court yesterday that retroactively applies a new constitutional principle to drug trials held from 2005 to 2009, lawyers said. In a closely-watched, 6-to-1 decision, the Supreme Judicial Court moved to clear up confusion created last year when the US Supreme Court ruled that Massachusetts routinely violated the rights of defendants in drug trials by not having a chemist testify in person that a seized substance was in fact an illegal drug."

You can access yesterday's ruling of the Supreme Judicial Court of Massachusetts at this link.
Posted at 09:23 PM by Howard Bashman



"Obama makes 15 recess appointments, scolds GOP": The Associated Press has this report.

And The White House today issued a news release headlined "President Obama Announces Recess Appointments to Key Administration Positions; Fifteen Appointees Have Waited an Average of 214 Days for Senate Confirmation."
Posted at 03:48 PM by Howard Bashman



"States fighting healthcare law don't have precedent on their side; A 2005 Supreme Court ruling citing the authority to regulate commerce poses a problem for suits claiming it's unconstitutional for the federal government to force individuals to have insurance": David G. Savage has this front page article today in The Los Angeles Times.
Posted at 01:55 PM by Howard Bashman


"Appeals court upholds removal of Confederate plaques; Since-repealed provision dedicated state Supreme Court Building to Confederate veterans when it was built": The Austin American-Statesman today contains an article that begins, "An Austin appellate court on Friday upheld the removal a decade ago of two politically charged plaques at the state Supreme Court building bearing the Confederate battle flag and seal."

You can access yesterday's ruling of the Third Court of Appeals of Texas at this link.
Posted at 08:00 AM by Howard Bashman



"Republicans Dispute Charges of Stalling on Judicial Nominees": FOXNews.com has this report.

And at Salon.com, Glenn Greenwald has a blog post titled "The horrible prospect of Supreme Court Justice Cass Sunstein."
Posted at 07:58 AM by Howard Bashman



"Court tells poker players to fold 'em; State appeals panel overturns area judge's ruling legalizing popular card game": Today's edition of The Times Leader of Wilkes-Barre, Pennsylvania contains an article that begins, "For fans of Texas Hold 'Em Poker it's a case of read 'em and weep. In potentially precedent-setting ruling, a three-member panel of state Superior Court on Thursday overturned a county judge's ruling that had declared the popular card game to be legal."

You can access Thursday's ruling of a divided three-judge panel of the Superior Court of Pennsylvania at this link.

I had this post linking to various of the appellate briefs and the trial court's opinion back in October 2009 on the day that I argued the appeal.
Posted at 07:48 AM by Howard Bashman



Friday, March 26, 2010

"Court: Seattle police OK to Taser pregnant woman." The Associated Press has a report that begins, "A federal appeals court says three Seattle police officers were justified when they used a stun gun on a pregnant mother who refused to sign a traffic ticket."

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 04:30 PM by Howard Bashman



"Arizona Federal Judge Mary H. Murguia Nominated to Ninth Circuit Court of Appeals": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.
Posted at 03:58 PM by Howard Bashman


"Which Side of History?" Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 03:22 PM by Howard Bashman


"Court strikes limits on contributions to independent political groups": Dan Eggen of The Washington Post has this news update.

The Associated Press reports that "RNC loses bid to raise unlimited 'soft' money."

At "SCOTUSblog," Lyle Denniston has posts titled "Widening impact of Citizens United; Circuit nullifies donor limit" and "'Soft money' donation ban upheld; Broad GOP challenge rejected."

And "The BLT: The Blog of Legal Times" has posts titled "D.C. Circuit Strikes Down Limits on Donations to Independent Political Groups" and "Citing Precedent, Panel Upholds Soft-Money Ban."

The decisions being reported on consist of an en banc ruling of the U.S. Court of Appeals for the D.C. Circuit and the ruling of a three-judge court of the U.S. District Court for the District of Columbia.
Posted at 03:17 PM by Howard Bashman



"District's Post-Heller Firearm Restrictions Are Upheld": At "The BLT: The Blog of Legal Times," Tony Mauro has a post that begins, "Judge Ricardo Urbina of the U.S. District Court for the District of Columbia has just ruled that the D.C. firearm ordinances enacted after the Supreme Court's D.C. v. Heller decision in 2008 'permissibly regulate the exercise of the core Second Amendment right to use firearms for the purpose of self-defense in the home.' Urbina ruled in a case brought by Dick Heller, the same plaintiff who challenged the previous D.C. ordinance at the Supreme Court."

Michael Doyle of McClatchy's Washington Bureau has a post titled "Heller shot down, judicially speaking, as court upholds D.C. gun regs" at his "Suits & Sentences" blog.

At "SCOTUSblog," Lyle Denniston has a post titled "New D.C. gun laws upheld; Sequel to 2008 ruling."

And The Associated Press reports that "Judge upholds DC's post-Supreme Court gun laws."

You can access today's ruling of the U.S. District Court for the District of Columbia at this link.
Posted at 03:00 PM by Howard Bashman



"Appeals court scolds Wingate; Judge accepts blame for verdict held 6-plus years": Yesterday's edition of The Clarion-Ledger of Jackson, Mississippi contained an article that begins, "Chief U.S. District Judge Henry Wingate has been criticized by the 5th U.S. Circuit Court of Appeals after taking more than six years to enter a final judgment in a civil case."

Footnote two on page three of this non-precedential Fifth Circuit ruling from last week gives rise to The Clarion-Ledger's report.
Posted at 11:07 AM by Howard Bashman



"She's 1-for-2 in sex-for-tix case; Not guilty of prostitution, guilty of attempted prostitution": The Philadelphia Daily News today contains an article that begins, "Susan Finkelstein, whose 15 minutes of fame has finally come to an end after months of notoriety, was found not guilty yesterday of prostitution, but guilty of attempted prostitution by a Bucks County jury in her sex-for-World-Series-tickets trial."

And today's edition of The Philadelphia Inquirer contains an article headlined "Mixed verdict in tickets-for-sex trial."
Posted at 11:02 AM by Howard Bashman



"After victory, conservatives mount new challenges to campaign finance limits": Today's edition of The Washington Post contains an article that begins, "In a small office overlooking Indiana's Highway 40, James Bopp Jr. is preparing a nationwide assault on campaign finance regulations."
Posted at 10:58 AM by Howard Bashman


"Former DOJ Official Picked for 9th Circuit": David Ingram has this post at "The BLT: The Blog of Legal Times."

And The Associated Press reports that "Arizona judge nominated for appeals court."

You can access the official Federal Judicial Center biography for U.S. District Judge Mary H. Murguia (D. Ariz.) at this link.
Posted at 10:35 AM by Howard Bashman



"New war-court chief may mean more tribunals at Guantanamo": Carol Rosenberg of The Miami Herald has this report.
Posted at 07:58 AM by Howard Bashman


Articles of interest available online at SSRN: Law professor Bradley W. Joondeph has a paper titled "The Political Dimensions of Federal Preemption in the United States Courts of Appeals" (via "Legal Theory Blog").

And Shaun M. Pettigrew and law professor David R. Stras have an essay titled "The Rising Caseload in the Fourth Circuit: A Statistical and Institutional Analysis" (via "Legal Theory Blog").
Posted at 07:56 AM by Howard Bashman



"State High Court weighs strip club 'pole tax'": This article appears today in The San Antonio Express-News.

Today in The Austin American-Statesman, Chuck Lindell reports that "Texas Supreme Court tackles tax on strip clubs; Owners say fee violates free speech; officials say it aids public safety."

And The Wall Street Journal reports that "'Sin Tax' Called Naked Money Grab." You can access the full text of this article via Google News.

Via this post from yesterday evening, you can access the video of the oral argument.
Posted at 07:48 AM by Howard Bashman



"L.A. can bar Hare Krishnas from panhandling at airports, court rules; The California Supreme Court rules bans on solicitations do not violate state constitutional guarantees of free speech; The ruling covers all cities and counties in the state": Maura Dolan and Dan Weikel have this article today in The Los Angeles Times.

Today in The San Francisco Chronicle, Bob Egelko reports that "Airport money-raising ban ruled constitutional."

And The Daily Breeze of Torrance, California reports that "Court rules in favor of LAX regulating Hare Krishna solicitors."

My earlier coverage of yesterday's Supreme Court of California ruling appears at this link.

And a related YouTube clip can be accessed here.
Posted at 07:42 AM by Howard Bashman



Thursday, March 25, 2010

"Foreign Companies Fight 'Class-Action Mills' at Top U.S. Court": Greg Stohr of Bloomberg News has this report.
Posted at 11:00 PM by Howard Bashman


"In Possible Retirement, the Likelihood of an Election-Year Confrontation": Friday's edition of The New York Times will contain an article that begins, "No announcement has been made, but the widely anticipated retirement of Justice John Paul Stevens in coming weeks has the White House, Senate and lobbying groups bracing for an election-year confrontation over the future of the Supreme Court."
Posted at 10:52 PM by Howard Bashman


"Mixed verdict for Phillies fan in sex-for-tix trial": The Philadelphia Inquirer has this news update.

The Philadelphia Daily News has an update headlined "Sex-for-tix woman gets mixed verdict."

And The Associated Press has a report headlined "Mixed verdict for woman in sex-for-tickets case."
Posted at 10:50 PM by Howard Bashman



"State Supreme Court upholds LAX ban on Hare Krishna fundraising": Maura Dolan of The Los Angeles Times has this blog post.

The Christian Science Monitor reports that "Court upholds ban on Hare Krishna soliciting in LAX airport; The California Supreme Court ruled Thursday that an LAX airport ban on solicitation in its terminals -- challenged by a Hare Krishna group -- is legal; It's the latest legal setback for the group."

And The Associated Press has a report headlined "Court: Hare Krishnas Barred From LAX Solicitation."

You can access today's ruling of the Supreme Court of California at this link.
Posted at 06:27 PM by Howard Bashman



"Strip club 'pole tax' in hands of Texas high court": The Associated Press has this report on a case argued today before the Supreme Court of Texas.

You can view the video of today's oral argument on demand by clicking here.

James C. Ho, in his capacity as Solicitor General of Texas, argued the case for the State.
Posted at 06:15 PM by Howard Bashman



"D.C. Circuit to Seal Courtroom in Special Ed Case": Jordan Weissmann has this post at "The BLT: The Blog of Legal Times."
Posted at 05:14 PM by Howard Bashman


"GOP warns Obama against labor board appointment": The Associated Press has this report.
Posted at 03:44 PM by Howard Bashman


Majority on divided three-judge Eighth Circuit panel holds that state-law convictions involving a fake controlled substance do not count as strikes under a federal law that requires a life sentence for recidivist offenders: The home page for the web site MLB.com (which once belonged to the law firm of Morgan, Lewis & Bockius) reminds us that opening day for Major League Baseball is now just a little more than ten days and four hours away.

Thus, the definition what constitutes a strike will again become a subject of great interest. Today, for purposes of a federal law that mandates a life sentence for recidivist felony drug offenders, the Eighth Circuit had to decide whether state-law convictions involving fake controlled substances should count toward the requisite number of convictions necessary to produce a life sentence. By a vote of 2-1, the Court ruled "no" in a decision that you can access here.
Posted at 03:38 PM by Howard Bashman



"Judge could be Supreme Court contender": Joan Biskupic had this article yesterday in USA Today.
Posted at 03:22 PM by Howard Bashman


"Appeals court upholds NY forced labor conviction": The Associated Press has a report that begins, "A federal appeals court has upheld the forced-labor convictions of a Long Island couple sentenced to prison for enslaving two Indonesian housekeepers."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 11:54 AM by Howard Bashman



Should someone who is arrested for drunk driving, then taken immediately to jail, where a search reveals a small bag of methamphetamine taped to his sock, be subject to a sentencing enhancement for possessing a controlled substance in a jail or prison? By a vote of 5-4, the Washington State Supreme Court answered "no" in a ruling issued today. The ruling consists of a majority opinion and a dissenting opinion.
Posted at 11:52 AM by Howard Bashman


"Is Los Angeles International Airport a public forum under the Liberty of Speech Clause of the California Constitution?" The Supreme Court of California is scheduled to rule on that issue today in a case captioned International Society for Krishna Consciousness of California, Inc. v. City of Los Angeles. The court's ruling should be available via this link at 1 p.m. eastern time, 10 a.m. pacific time, today.
Posted at 10:55 AM by Howard Bashman


"Pentagon prepares to relax enforcement of 'don't ask, don't tell'": This article appears today in The Washington Post.

And The New York Times reports today that "Military to Revise 'Don't Ask, Don't Tell' Rules."
Posted at 08:37 AM by Howard Bashman



"The Curious Case Of Goodwin Liu": Marc Ambinder has this blog post at The Atlantic.
Posted at 08:33 AM by Howard Bashman


"Court Weighs Timing of Death Row Appeal": Adam Liptak has this article today in The New York Times.
Posted at 08:30 AM by Howard Bashman


"Supreme Court stops execution of convicted killer in Texas; The justices want more time to study Hank Skinner's appeal for DNA testing of evidence from a triple homicide; The stay is issued an hour before he was to die": David G. Savage has this article today in The Los Angeles Times.

The Houston Chronicle reports today that "U.S. Supreme Court delays Texas execution."

The Associated Press reports that "Execution halted for Texas man claiming innocence."

CNN.com reports that "High court gives last-minute stay to condemned Texan."

And at "SCOTUSblog," Lyle Denniston has a post titled "Execution delayed in DNA case; Potential sequel to Osborne."

You can access yesterday evening's stay order of the U.S. Supreme Court at this link.
Posted at 08:27 AM by Howard Bashman



"For two detainees who told what they knew, Guantanamo becomes a gilded cage": The Washington Post contains this article today.

And today's edition of The Los Angeles Times contains an article headlined "Obama backtracking on detainee rights, critics say; Human rights activists object to a focus on overseas prisons and arrests without trials; Republican Sen. Lindsey Graham is weighing in."
Posted at 08:12 AM by Howard Bashman



"Prosecutors Gone Wild": This editorial about a recent Third Circuit ruling appears today in The New York Times.
Posted at 08:04 AM by Howard Bashman


"Sex-for-tickets case expected to conclude today": Today's edition of The Philadelphia Inquirer contains an article that begins, "With opening day just 11 days off, Phillies fans are no doubt revisiting the indelible memories of the 2009 league championship season."

The Philadelphia Daily News reports today that "Blonde in sex-for-tix case offered 3-way, cop says."

And The Bucks County Courier Times reports that "Police lead off in sex-for-tickets case."
Posted at 07:54 AM by Howard Bashman



Wednesday, March 24, 2010

"Hearing for Controversial Court Nominee Postponed Amid Fight Over Health Care": FOXNews.com has this report.

And The Hill has a news update headlined "Senate Republicans block committee hearings again."
Posted at 03:38 PM by Howard Bashman



"A Hearing to Define 'Mainstream' Judicial Views": Tom Goldstein of "SCOTUSblog" has this commentary at "The Huffington Post."

And at The Daily Caller, Ilya Shapiro and Evan Turgeon have an essay entitled "Do you have a right to health care? Judicial nominee Liu thinks so."
Posted at 03:30 PM by Howard Bashman



"Unsound and Unfit: Goodwin Liu is President Obama's worst judicial nominee . . . so far." Edward Whelan has this essay today at National Review Online.
Posted at 02:22 PM by Howard Bashman


"Hearing for 9th Circuit Nominee on Hold": At "The BLT: The Blog of Legal Times," David Ingram has a post that begins, "The Senate Judiciary Committee has suspended a highly anticipated confirmation hearing for Goodwin Liu, nominated for the U.S. Court of Appeals for the 9th Circuit, because of a little-used rule that constrains when Senate committees may meet."

And Senator Patrick J. Leahy (D-VT), chair of the Senate Judiciary Committee, has issued a news release headlined "Republican Objections Now Stall Even Committee Progress."
Posted at 01:07 PM by Howard Bashman



"Presumed Innocent? Obama's lawyers were smeared--but guess what, so were Bush's." Benjamin Wittes has this essay online at The New Republic.
Posted at 11:50 AM by Howard Bashman


"Labor Decisions at Risk as Justices Struggle With NLRB Authority": Marcia Coyle of The National Law Journal has this report.
Posted at 11:18 AM by Howard Bashman


"Breyer and Scalia Take Their Road Show Inside": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 11:15 AM by Howard Bashman


"Breyer, Scalia explain why they often disagree": Mark Sherman of The Associated Press has this report.
Posted at 08:47 AM by Howard Bashman


Tuesday, March 23, 2010

"5-3=3: A case tests the arithmetical skills of the Supreme Court justices." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 10:57 PM by Howard Bashman


"Obama court nominee faces contentious hearing; Goodwin Liu, a UC Berkeley professor nominated as an appeals court judge, is criticized by Republicans as a liberal 'beyond the mainstream'": In Wednesday's edition of The Los Angeles Times, James Oliphant will have an article that begins, "Senate Republicans are preparing to mount an assault against one of President Obama's federal appeals court choices, offering a preview of a possible Supreme Court fight later this summer. Goodwin Liu, the president's pick for to the 9th Circuit Court of Appeals in San Francisco, is expected to testify before the Senate Judiciary Committee Wednesday in what promises to be a contentious hearing."

You can view the notice of tomorrow's hearing before the Senate Judiciary Committee by clicking here. The hearing is scheduled to begin at 2:30 p.m. eastern time.
Posted at 10:44 PM by Howard Bashman



"Court hears 'Fatal Vision' appeal after 40 years": The Associated Press has this report on an appeal argued today before a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit.
Posted at 06:07 PM by Howard Bashman


"Court to decide whether two-member NLRB can work": Jesse J. Holland of The Associated Press has this report.

You can access the transcript of today's U.S. Supreme Court oral argument in New Process Steel, L.P. v. NLRB, No. 08-1457, at this link.
Posted at 05:57 PM by Howard Bashman



Judge Posner on the standard of appellate review for a trial court's decision applying law to the facts of a particular case: Circuit Judge Richard A. Posner issued this opinion today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 05:44 PM by Howard Bashman


"State high court overturns state's tort reform": Today in The Atlanta Journal-Constitution, Bill Rankin has an article that begins, "A unanimous Georgia Supreme Court on Monday struck down limits on jury awards in medical malpractice cases, the cornerstone of the state's sweeping 2005 tort reform law."

And Alyson M. Palmer of the Fulton County Daily Report has an article headlined "Ga. Supreme Court Kills Caps on Med-Mal Awards; Justices rule unanimously that right to jury trial trumps limits on pain and suffering awards."

You can access yesterday's ruling of the Supreme Court of Georgia at this link.
Posted at 10:40 AM by Howard Bashman



"Appeal denied for former attorney": Last Thursday's edition of The San Antonio Express-News contained an article that begins, "The 4th Court of Appeals declined Wednesday to overturn the conviction of a former San Antonio lawyer accused of aiding her husband in extortion plots against four of her extramarital lovers."

And Mary Alice Robbins of Texas Lawyer reports that "Texas Appeals Court Upholds Solo's Conviction Over Sex Shakedowns."

You can access last Wednesday's ruling of the Fourth Court of Appeals of Texas at this link.
Posted at 10:33 AM by Howard Bashman



"Health Measure's Opponents Plan Legal Challenges": John Schwartz has this article today in The New York Times.

And today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Opponents Work To Block Health Bill At State Level" featuring Nina Totenberg.
Posted at 10:18 AM by Howard Bashman



Access online today's opinion of the U.S. Supreme Court in an argued case: Justice Clarence Thomas delivered the opinion for a unanimous Court in United States Aid Funds, Inc. v. Espinosa, No. 08-1134. You can access the oral argument transcript at this link.
Posted at 10:07 AM by Howard Bashman


"Graham proposes framework for handling terrorism suspects": This article appears today in The Washington Post, along with an article headlined "Chief lawyers named for Guantanamo Bay defense, prosecution teams."
Posted at 09:50 AM by Howard Bashman


"Justices to Weigh Law on Gaining Citizenship via Parents": Adam Liptak has this article today in The New York Times.
Posted at 09:44 AM by Howard Bashman


"Court hearing 'Fatal Vision' appeal after 40 years": The Associated Press has a report that begins, "A former Army doctor convicted in the 1970 slayings of his pregnant wife and two daughters is asking a Virginia-based federal appeals court for a new trial. A three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond will hear arguments in 66-year-old Jeffrey MacDonald's case Tuesday."
Posted at 09:27 AM by Howard Bashman


"In Holder's Woes, a Deja Vu ; Same Terror Issues Undermined the Career of Bush Attorney General Gonzales": Evan Perez has this article today in The Wall Street Journal. You can freely access the full text of the article via Google News.
Posted at 07:40 AM by Howard Bashman


Monday, March 22, 2010

"Health-Overhaul Foes Ready Court Challenges": In Tuesday's edition of The Wall Street Journal, Jess Bravin will have an article that begins, "Opponents of the health-care overhaul awaiting President Barack Obama's signature said Monday they would quickly file legal challenges, potentially giving the U.S. Supreme Court a fresh opportunity to reopen questions about the limits of federal power." You can freely access the full text of the article via Google News.
Posted at 10:50 PM by Howard Bashman


"Gableman wants Crooks off of ethics case": The Milwaukee Journal Sentinel has a news update that begins, "State Supreme Court Justice Michael Gableman, who has spent the last year fighting efforts to remove him from cases for bias, is now trying to force Justice N. Patrick Crooks from an ethics case against Gableman. Gableman filed a motion late Friday saying Crooks should step aside in the ethics case, contending Crooks showed bias against Gableman in a recent concurrence. Gableman accused Crooks in his motion of lodging 'gratuitous personal attacks' and 'personal criticisms' against him."
Posted at 10:47 PM by Howard Bashman


"Trial in Same-Sex Marriage Case Is Challenged": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 10:44 PM by Howard Bashman


"Court to weigh citizenship rule that varies by sex": Mark Sherman of The Associated Press has this report.
Posted at 02:07 PM by Howard Bashman


"Supreme Court Battle Quietly Brews Over Possible Future Nominations; Contentious Hearing for Lower Court Nominee to Foreshadow High Court Battles to Come": Ariane de Vogue has this article at ABCNews.com.
Posted at 02:05 PM by Howard Bashman


"Federal Circuit Confirms that Patents Must Meet Both the Written Description and Enablement Requirements of Section 112": The blog "Patently-O" has this post about an en banc ruling that the U.S. Court of Appeals for the Federal Circuit issued today.

And, in a separate ruling issued today, a three-judge Federal Circuit panel divided 2-1 over the validity of a patent for "the idea of using a scratch-off label to mark beverage containers and cups so that attendees of a gathering or party could keep track of their beverage cups."
Posted at 12:44 PM by Howard Bashman



"Court rules against Phila. Newspapers creditors": The Philadelphia Inquirer has a news update that begins, "A federal appeals court has ruled that Philadelphia Newspapers L.L.C., the parent company of The Inquirer, the Daily News and Philly.com, can bar its senior lenders from using their debt to try to purchase the company at auction."

And The Associated Press reports that "Philly newspaper creditors can't bid with credit."

The decision is not yet freely available from the web site of the U.S. Court of Appeals for the Third Circuit.

Update: You can view today's ruling, by a divided three-judge Third Circuit panel, at this link.
Posted at 11:30 AM by Howard Bashman



"We consider first to what extent the Federal Rules of Evidence apply in supervised release revocation proceedings. We then consider whether the use of an Internet search to confirm the judge's intuition about a fact not subject to reasonable dispute is grounds for reversal." The U.S. Court of Appeals for the Second Circuit issued this ruling today.

The federal district judge whose internet use was at issue has himself been nominated to serve on the Second Circuit.
Posted at 10:51 AM by Howard Bashman



Access online today's Order List of the U.S. Supreme Court: The Court has posted it online at this link. The Court today granted review in four new cases.

Justice Samuel A. Alito, Jr. issued a dissent from the denial of certiorari in Nurre v. Whitehead, No. 09-671.

At "SCOTUSblog," Lyle Denniston has a post titled "Victory for U.S. on detainees."

And in early news coverage, The Associated Press has reports headlined "Justices to rule on $14M judgment vs. DA's office"; "Court rejects new challenge from Gitmo detainees"; "Court refuses second Asian carp injunction request"; "High court stays out of Mass. abortion clinic case"; and "Court: Student can't sue over 'Ave Maria' ban."
Posted at 10:06 AM by Howard Bashman



"Death of source puts videotapes in jeopardy; Defendants could squelch tapes under the Confrontation Clause of the Sixth Amendment": Yesterday's edition of The Salt Lake Tribune contained an article that begins, "The death of the government's top witness in the Four Corners artifacts-trafficking investigation has forced prosecutors to re-evaluate how they will present thousands of hours of taped evidence he gathered during a two-year undercover operation."
Posted at 07:54 AM by Howard Bashman


"Sizing up the Supreme Court after Justice John Paul Stevens retires; His expected exit shouldn't alter the ideological balance, but his role as the senior justice on the liberal side has been pivotal": David G. Savage has this article today in The Los Angeles Times.
Posted at 07:44 AM by Howard Bashman


"Supreme Court to decide on the validity of prenuptial agreements": The Times of London today contains an article that begins, "Britain's most senior judges will hear a landmark appeal this week over whether divorcing couples should be bound by pre-marriage agreements on how their assets will be split."

The Observer (UK)) reported yesterday that "Pre-nup agreements await 'landmark judgment'; The Supreme Court is set to deliver a ruling that will have major consequences for many couples-to-be."

And Financial Times reports today that "Heiress case puts pre-nup deals to the test."
Posted at 07:33 AM by Howard Bashman



"U.S. may expand use of its prison in Afghanistan; The White House is considering housing international terrorism suspects at Bagram air base, as is done at Guantanamo Bay": This article appears today in The Los Angeles Times.

And today's edition of The Wall Street Journal contains an editorial entitled "Lindsey Graham's Air Ball: The Senator offers Obama a Gitmo reprieve."
Posted at 07:20 AM by Howard Bashman



Sunday, March 21, 2010

"High Court: Law professor Goodwin Liu may be test case for Obama judicial picks." Robert Barnes will have this article Monday in The Washington Post.
Posted at 10:38 PM by Howard Bashman


"Man appeals 2009 ruling against him in cold case": Today's edition of The Great Falls Tribune contains an article that begins, "A man who waited nearly a quarter century for a judge to rule on his lawsuit has now appealed a District Court's 2009 ruling against him."

And The Associated Press reports that "Shelby man appeals ruling in lawsuit misplaced by court for 24 years."
Posted at 08:44 PM by Howard Bashman



"Courts in a quandary over cheap shots by anonymous bloggers": The Pittsburgh Post-Gazette contains this article today.
Posted at 08:24 PM by Howard Bashman


"Judge appointments held hostage to politics": This article appears today in The Providence (R.I.) Journal.
Posted at 11:35 AM by Howard Bashman


"It's Not Me. It's Yoo. The author of the 'torture memos' loves a good fight way more than a good debate." Dahlia Lithwick has this jurisprudence essay online at Slate.

Meanwhile, in other coverage, The Charlottesville Daily Progress reported yesterday that "After interruptions, Yoo defends harsh methods."

And C-Ville reported late Friday that "John Yoo shouted down frequently at Miller Center forum, protested at UVA."
Posted at 09:57 AM by Howard Bashman



Saturday, March 20, 2010

"Rethinking Sex Offender Laws for Teenage Texting": This article will appear Sunday in The New York Times.
Posted at 10:54 PM by Howard Bashman


"Even before House vote on healthcare bill, legal challenges loom; Opponents of the healthcare bill are poised to challenge it over the House's likely use of the 'deem and pass' rule, as well as on the substance of the legislation itself": Warren Richey of The Christian Science Monitor has this report.

Today in The Wall Street Journal, law professor Michael W. McConnell has an op-ed entitled "The Health Vote and the Constitution--II: The House can't approve the Senate bill in the same legislation by which it approves changes to the Senate bill."

And in Sunday's edition of The Washington Post, law professor Randy E. Barnett will have an op-ed entitled "Is health-care reform constitutional?"
Posted at 04:15 PM by Howard Bashman



"Ralph Fertig: Cog of justice; The longtime activist's latest cause has brought him before the Supreme Court." Patt Morrison has this interview today in The Los Angeles Times.
Posted at 03:59 PM by Howard Bashman


"White House Said to Have Short List Ready for Justice Stevens' Slot": Tony Mauro of The National Law Journal has this report.
Posted at 03:55 PM by Howard Bashman


Friday, March 19, 2010

Estate of Anna Nicole Smith loses to the Estate of E. Pierce Marshall on the merits in the Ninth Circuit: The U.S. Court of Appeals for the Ninth Circuit issued this ruling (very large PDF file) today.

Update: The Associated Press has an article headlined "Court: Anna Nicole Smith gets none of oil fortune."

And at "SCOTUSblog," Lyle Denniston has a post titled "Anna Nicole estate loses; Marshall family retains millions."
Posted at 02:18 PM by Howard Bashman



Whether awake or asleep, felons shouldn't possess guns, en banc Ninth Circuit rules: So holds a rare unanimous en banc panel of the U.S. Court of Appeals for the Ninth Circuit in a ruling issued today.

As for why the case was taken en banc, the original three-judge panel had ruled by a 2-1 margin, in November 2008, that the defendant was entitled to a judgment of acquittal because he was found asleep but in possession of firearms.

My earlier coverage of the case appears in posts titled "Only in the Ninth Circuit?" (reporting on the original three-judge panel's ruling) and "A real sleeper of a Ninth Circuit en banc case" (reporting on the order granting rehearing en banc).
Posted at 02:00 PM by Howard Bashman



"Ninth Circuit Court of Appeals to Offer Remote Viewing of En Banc Hearings": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release earlier this week.
Posted at 01:48 PM by Howard Bashman


Addressing a question of first impression at the appellate level, the Seventh Circuit holds that the use of video-conferencing to conduct a supervised-release revocation hearing violates the Federal Rules of Criminal Procedure: You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 11:30 AM by Howard Bashman


"Ex-dean to appeal verdict on affair": The News & Record of Greensboro, North Carolina today contains an article that begins, "A woman facing a $9 million judgment for having an affair with a married man plans to appeal."
Posted at 11:14 AM by Howard Bashman


"9th Circuit Judge Bucks Tide on Ashcroft's Liability for Detention": Dan Levine of The Recorder has this report.
Posted at 07:32 AM by Howard Bashman


"Virginia warns wife of Justice Clarence Thomas her group is violating law; State officials tell Virginia Thomas that her conservative advocacy group, Liberty Central Inc., must comply with a law that requires registration before seeking donations": This article appears today in The Los Angeles Times.
Posted at 07:28 AM by Howard Bashman


"Deal Near on Gitmo, Trials for Detainees": Jonathan Weisman and Evan Perez have this article today in The Wall Street Journal. You can freely access the full text of the article via Google News.

And in today's edition of The Washington Post, columnist Michael Gerson has an op-ed entitled "Eric Holder, the attorney general of ineptness." The newspaper also contains an op-ed by Benjamin Wittes and Jack L. Goldsmith entitled "The best trial option for KSM: Nothing."
Posted at 07:22 AM by Howard Bashman



Thursday, March 18, 2010

"Matheson on merits": In today's edition of The Salt Lake Tribune, former Tenth Circuit Judge Michael W. McConnell has a letter to the editor that begins, "News that University of Utah law professor Scott Matheson Jr. has been nominated to the U.S. Court of Appeals has been marred by speculation that the nomination is an attempt to suborn the vote of his brother, Rep. Jim Matheson, in favor of the Obama administration's health care proposal. From my personal knowledge, this speculation cannot be true."
Posted at 10:07 PM by Howard Bashman


"Senate confirms Thompson for federal bench": Today's edition of The Providence Journal contains an article that begins, "The Senate voted unanimously Wednesday to seat Rhode Island Superior Court Judge O. Rogeriee Thompson on the U.S. Court of Appeals for the 1st Circuit."
Posted at 09:55 PM by Howard Bashman


"9th Circuit won't rehear lawsuit against Ashcroft": The Associated Press has a report that begins, "A federal appellate court says it won't reconsider its ruling that former Attorney General John Ashcroft can be held personally responsible for misuse of the material witness statute after the Sept. 11 attacks."

You can access today's order of the U.S. Court of Appeals for the Ninth Circuit denying rehearing en banc, and the opinions concurring in and dissenting from that order, at this link. A total of eight judges noted their dissent from the court's denial of rehearing en banc.

Update: Carol J. Williams of The Los Angeles Times has a blog post titled "Appeals court lets stand decision that Ashcroft can be sued."
Posted at 02:33 PM by Howard Bashman



"Spotlight On Potential High Court Nominee": Today in The Daily Journal of California, Lawrence Hurley has an article that begins, "A case the U.S. Supreme Court has taken up over a Christian group's challenge to UC Hastings College of the Law's nondiscrimination policy for student groups could end up influencing the political debate over a possible vacancy on the court this summer. In many ways, the case puts 7th U.S. Circuit Court of Appeals Judge Diane P. Wood, one of the leading contenders for the eventual opening, in the same position that then-2nd Circuit Judge Sonia Sotomayor was in last year over her role in a case before the court last term."
Posted at 02:11 PM by Howard Bashman


"Taxing Punitive Damages": Law professors Gregg D. Polsky and Dan Markel have posted this article online at SSRN (via "Legal Theory Blog").
Posted at 12:23 PM by Howard Bashman


"Supreme Court Unveils New Web Site Design": Tony Mauro has this post at "The BLT: The Blog of Legal Times."

You can access the U.S. Supreme Court's redesigned web site by clicking here.

Among other changes, and in an effort to assert universal judicial supremacy, the "http" address for the Court's web site will be dropping the "us" and thus will henceforth be www.supremecourt.gov. A press release that the Court's Public Information Office issued today can be accessed here.
Posted at 12:12 PM by Howard Bashman



"A win for plaintiff in 'sexting' case": The Times Leader of Wilkes-Barre, Pennsylvania contains this article today.

The Times-Tribune of Scranton, Pennsylvania reports today that "Federal appeals court bars prosecutor from pursuing charges in teen sexting case."

The Philadelphia Inquirer reports that "Court averts free-speech issue on 'sexting.'"

The New York Times reports that "Court Says Parents Can Block 'Sexting' Cases."

Shannon P. Duffy of The Legal Intelligencer reports that "3rd Circuit Bars Prosecution Threat for Teen 'Sexting'; Panel also found former DA had violated parents' rights by usurping their roles."

And in related news, The Pottsville Republican Herald reports that "Teens convicted of 'sexting' could have records expunged."

My earlier coverage of yesterday's Third Circuit ruling appears at this link.
Posted at 09:50 AM by Howard Bashman



"Bill Eases Penalty For Crack Cocaine Possession": This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:40 AM by Howard Bashman


Wednesday, March 17, 2010

"Relax, Legal Scholars: Bobbleheads Are Safe at Yale." Adam Liptak will have this article Thursday in The New York Times.
Posted at 10:33 PM by Howard Bashman


"Court declines to decide if sexting is pornography": The Philadelphia Inquirer has a news update that begins, "A federal appeals court in will not decide whether 'sexting' is pornography in the case of three Pennsylvania teenagers facing criminal charges for appearing in cell phone photographs partly clothed."

My earlier coverage of today's Third Circuit ruling appears at this link.
Posted at 07:51 PM by Howard Bashman



"Obama taps NPR reporter's sister for federal bench": The Associated Press has this report. Only time will tell whether this nomination will cause Nina Totenberg to vote in favor of the health care bill.

And in local coverage, Bill Rankin of The Atlanta Journal-Constitution has a news update headlined "Amy Totenberg nominated to be federal judge."
Posted at 05:35 PM by Howard Bashman



"Senate sends R.I.'s Thompson to appeals court": The Providence Journal has a news update that begins, "The Senate voted unanimously Wednesday to seat Rhode Island Superior court Judge O. Rogeriee Thompson on the U.S. Court of Appeals for the 1st Circuit. On a vote of 98 to 0, the Senate confirmed President Obama's nomination of Thompson to the traditional 'Rhode Island seat'' on the Boston-based federal appeals court."
Posted at 05:23 PM by Howard Bashman


"Threatening posts not protected free speech": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A state appeals court says a 15-year-old boy whose Web site was flooded with anti-gay slurs and threats can sue a schoolmate who admitted posting a menacing message but described it as a joke. In a 2-1 ruling Monday, the Second District Court of Appeal in Los Angeles said the violent language of the message -- threatening to 'rip out your ... heart and feed it to you' and to 'pound your head in with an ice pick' -- conveyed a harmful intent that is not protected by the right of free speech."

And Carol J. Williams of The Los Angeles Times has a blog post titled "Private school students' gay-bashing not free speech, court rules."

You can access Monday's ruling of California's Court of Appeal for the Second Appellate District, Division One, at this link.
Posted at 02:58 PM by Howard Bashman



"Court: Pa. DA can't bring 'sexting' charges." The Associated Press has a report that begins, "A federal appeals court has ruled that a Pennsylvania prosecutor may not pursue felony charges against a teenage girl in a 'sexting' case. The 3rd U.S. Circuit Court of Appeals ruled Wednesday in a criminal case involving the pervasive problem in which teens exchange sexually explicit photos and e-mails on their cell phones."

You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 02:50 PM by Howard Bashman



Available online at Slate: Dahlia Lithwick has a jurisprudence essay entitled "Cross Talk: The unfathomable Supreme Court penchant for talking politics."

And at "Double X," Emily Bazelon has an essay entitled "Tea Party at the Supreme Court: Ginni Thomas turns questions about her activism to her advantage."
Posted at 02:34 PM by Howard Bashman



"Study Shows Money Flooding into Campaigns for State Judgeships; Justices Ginsburg, O'Connor Say Fundraising Could Corrupt System, Reform is Needed": ABCNews.com has this report.
Posted at 02:19 PM by Howard Bashman


"States' Rights Is Rallying Cry of Resistance for Lawmakers": This front page article appears today in The New York Times.
Posted at 08:20 AM by Howard Bashman


"Senate Girds for Next Court Fight": Today's issue of Roll Call contains an article that begins, "A second Supreme Court confirmation fight during this Congress is all but certain to bring the Senate to a virtual standstill. But Senators in both parties don't appear to be cowering from the fight; rather, they seem to be encouraging it."
Posted at 08:10 AM by Howard Bashman


"Hard economic times hit jury box": CNN.com has this report.
Posted at 08:05 AM by Howard Bashman


Tuesday, March 16, 2010

"Appeals court upholds conviction in Miss. killings": The Associated Press has a report that begins, "A federal appeals court has upheld the 2007 conviction of a reputed Ku Klux Klan member in the kidnapping of two black men who were abducted and killed in rural Mississippi in 1964. In a 2-1 ruling, the panel of judges said the evidence in the case against James Ford Seale was sufficient for the jury conviction in the trial that took place 43 years after the crimes. Friday's decision came from the U.S. Court of Appeals for the 5th Circuit in New Orleans. The judge who dissented said that too much time had elapsed to try Seale and that incriminating statements Seale made should have been barred from his trial."

The Fifth Circuit issued the ruling on Friday and posted it online today.
Posted at 02:47 PM by Howard Bashman



"Virginia Thomas' Ethics Check": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 02:22 PM by Howard Bashman


"Judiciary Approves PACER Innovations To Enhance Public Access": The Administrative Office of the U.S. Courts issued this news release today.
Posted at 02:11 PM by Howard Bashman


"Obama nominee Goodwin Liu an unassuming man": Bob Egelko has this front page article today in The San Francisco Chronicle.
Posted at 12:16 PM by Howard Bashman


"Christian Group Joins Campaign on Pleading Standard": At "The BLT: The Blog of Legal Times," David Ingram has a post that begins, "The conservative Alliance Defense Fund is lining up in opposition to a pair of U.S. Supreme Court decisions that changed the standard for filing most civil lawsuits -- a move that aligns the Christian litigation group with some unlikely allies."
Posted at 12:08 PM by Howard Bashman


"Democratic Freshmen Take Up Fight Over Obama's Stalled Nominees": Roll Call has this news update.
Posted at 12:06 PM by Howard Bashman


"Citizens Unite: The Constitutional amendment America needs." Law professor Lawrence Lessig has this essay online at The New Republic.
Posted at 11:52 AM by Howard Bashman


"House plan to pass health care raises constitutional questions": David Lightman of McClatchy Newspapers has this report.

And yesterday in The Wall Street Journal, law professor Michael W. McConnell had an op-ed entitled "The House Health-Care Vote and the Constitution: No bill can become law unless the exact same text is approved by a majority of both houses of Congress." You can freely access the full text of the op-ed via Google News.
Posted at 08:15 AM by Howard Bashman



"Full 1st Circuit Rules Prospectus Statements Are Not Attributable to Executives for 10(b)(5) Purposes": Sheri Qualters of The National Law Journal has this report on an en banc ruling that the U.S. Court of Appeals for the First Circuit issued last week.
Posted at 08:11 AM by Howard Bashman


"Ga. Supreme Court rebuffs sex offender registry challenge": Today in The Atlanta Journal-Constitution, Bill Rankin has an article that begins, "The Georgia Supreme Court has upheld a provision of the state's sex offender registry law that requires some people who have not committed sex crimes to register as sex offenders. The law, said to be one of the toughest in the nation, allows the state to keep a tight leash on child molesters, rapists and other sexual predators after they have served their prison time."

You can access yesterday's ruling of the Supreme Court of Georgia at this link.
Posted at 08:09 AM by Howard Bashman



"Appeals court upholds $20,000 in sanctions against birther movement attorney Orly Taitz; Birther movement attorney has insisted she won't pay sanctions levied by Judge Land": The Ledger-Enquirer of Columbus, Georgia contains this article today.
Posted at 08:05 AM by Howard Bashman


"Supreme Court Justice's Wife Embraces Tea Party": This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 08:04 AM by Howard Bashman


"Georgia Supreme Court rejects local tort reform challenge in 4-3 ruling; Case arose from Columbus woman's 2007 trip to St. Francis emergency room": The Columbus Ledger-Enquirer contains this article today.

And today in the Fulton County Daily Report, Alyson M. Palmer has an article headlined "In Win for Tort Reform Advocates, Ga. Supreme Court Upholds ER Med-Mal Standard; Justices also upheld a fee-shifting rule; the court is expected to rule later this month on a challenge to caps on noneconomic damages in med-mal cases."

My earlier coverage of the emergency room ruling appears at this link.
Posted at 08:02 AM by Howard Bashman



"How High Court Could Change If Stevens Retires": This audio segment featuring Jeffrey Toobin appeared on yesterday's broadcast of the public radio program "Fresh Air."
Posted at 07:56 AM by Howard Bashman


Monday, March 15, 2010

"Wife of justice Thomas starts group for 'citizen activists'": Robert Barnes and Dan Eggen will have this article Tuesday in The Washington Post.
Posted at 10:40 PM by Howard Bashman


"Supreme Court riven by partisan politics": CNN senior legal analyst Jeffrey Toobin has this commentary at CNN.com.
Posted at 03:30 PM by Howard Bashman


"Military Tribunal Brings Knots, Too": Today in The Wall Street Journal, Jess Bravin has an article that begins, "The Obama administration is leaning toward a military tribunal for Khalid Sheikh Mohammed, but reversing course from a civilian trial would bring its own complications, because the long-troubled military commission system has yet to resolve fundamental questions and remains under legal challenge."
Posted at 03:10 PM by Howard Bashman


"Ga. Supreme Court upholds ER statute": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "The Georgia Supreme Court on Monday upheld a key provision of the state's tort reform law that makes it more far more difficult for patients to win damages in cases involving emergency room care."

The Associated Press reports that "Ga. court upholds key medical malpractice changes."

And the Atlanta Business Chronicle reports that "Georgia Supreme Court upholds ER liability provision."

You can access today's 4-3 ruling of the Supreme Court of Georgia at this link.
Posted at 02:07 PM by Howard Bashman



"Obama's focus on financial rules, Supreme Court opinion could aid Democrats": The Washington Post contains this front page article today.

And at that newspaper's "Political Bookworm" blog, law professor Jeffrey Rosen has a guest post titled "In the contentious case of Obama v. Supreme Court: ruling will come in the court of public opinion."
Posted at 07:22 AM by Howard Bashman



"U.S. Supreme Court tosses career criminal sentence in Jacksonville case; High court puts shackles on career criminal guidelines": This article appears today in The Florida Times-Union.
Posted at 07:20 AM by Howard Bashman


"Butler rejects U.S. Chief Justice John Roberts as commencement speaker; Students' commencement suggestion of Roberts came too late, prof says": Saturday's edition of The Indianapolis Star contained an article that begins, "If U.S. Chief Justice John Roberts comes to his niece's graduation at Butler University, it won't be as the commencement speaker. A student-led proposal to invite Roberts, an Indiana native whose niece is in Butler's senior class, to speak at Butler's May 8 graduation was shot down by faculty members. The move disappointed students and raised the ire of some conservatives on campus, but university leaders said they wanted to avoid the controversy that a visit by the Supreme Court jurist might bring."
Posted at 07:14 AM by Howard Bashman


"Obama losing chance to reshape judiciary; Liberals had hoped he would counter a slew of conservative appointments in federal courts made by his Republican predecessors; But that hasn't happened": James Oliphant has this article today in The Los Angeles Times.
Posted at 07:08 AM by Howard Bashman


"After Stevens: What will the Supreme Court be like without its liberal leader?" Jeffrey Toobin has this profile in the March 22, 2010 issue of The New Yorker.
Posted at 07:02 AM by Howard Bashman


Sunday, March 14, 2010

"White House stands ground on high court criticism": The Associated Press has this report.
Posted at 03:40 PM by Howard Bashman


"Justice Stevens Keeping 'Options Open' on Retirement": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 02:40 PM by Howard Bashman


"Was life sentence justice for one just starting life?" The Lincoln Journal Star today contains this article reporting on "the only Nebraskan serving a life sentence with no chance of parole for a crime other than a homicide committed as a juvenile."
Posted at 11:20 AM by Howard Bashman


"What the Supreme Court sees in Snyder v. Phelps": This article appears today in The York (Pa.) Sunday News.

Yesterday's edition of The Los Angeles Times contained an editorial entitled "Protecting the vile: Distasteful protests by a fringe religious group at military funerals are still protected by the 1st Amendment."

Yesterday's edition of The Baltimore Sun contained an editorial entitled "Free speech is paramount: Everyone has a right to express their views, even when they're deplorable."

And today in The Philadelphia Inquirer, columnist Michael Smerconish has an op-ed entitled "Free (and hateful) speech vs. the right to gather: Justices should rule against a Kansas church group that protested at a fallen Marine's funeral."
Posted at 11:12 AM by Howard Bashman



"Your Reality TV": Today's edition of The New York Times contains an editorial that begins, "In a new poll, more than 60 percent of respondents said televising Supreme Court proceedings would be good for democracy. We agree, but the court seems determined to keep its work out of the public's eye."
Posted at 11:02 AM by Howard Bashman


"Critics: Military trial of terror suspects could open cases to legal uncertainty." This article appears today in The Washington Post.
Posted at 10:58 AM by Howard Bashman


"Justices Will Prevail": Jeff Shesol, author of the new book "Supreme Power: Franklin Roosevelt vs. the Supreme Court," has this op-ed today in The New York Times.
Posted at 10:44 AM by Howard Bashman


"Justice's wife launches 'tea party' group; The nonprofit run by Virginia Thomas, wife of Supreme Court Justice Clarence Thomas, is likely to test notions of political impartiality for the court": This article appears today in The Los Angeles Times.

And in the Week in Review section of today's edition of The New York Times, Adam Liptak has an article headlined "Tea-ing Up the Constitution."
Posted at 10:36 AM by Howard Bashman



"U.S. Supreme Court: Will liberal Kagan find a home in high court?" UPI has a report that begins, "As the drama builds to Justice John Paul Stevens' inevitable retirement from the U.S. Supreme Court, one name keeps popping up as a probable successor -- Elena Kagan, solicitor general of the United States."
Posted at 10:35 AM by Howard Bashman


Saturday, March 13, 2010

"Court case could add wrinkle to beach replenishment": This article appears today in The Sarasota Herald-Tribune, along with an article headlined "Beaches a major playground for controversy."
Posted at 11:44 PM by Howard Bashman


"Texas Supreme Court tosses $15.8 million verdict in case involving illegal immigrant; Immigration status should not have been an issue at trial, justices rule": Today in The Austin American-Statesman, Chuck Lindell has an article that begins, "The Texas Supreme Court threw out a $15.8 million verdict Friday, ruling unanimously that lawyers improperly introduced evidence that a gravel truck driver involved in a 2002 accident that killed four members of a Wise County family was an illegal immigrant."

Yesterday's ruling of the Supreme Court of Texas consists of a majority opinion and an opinion concurring in part and dissenting in part.
Posted at 11:42 PM by Howard Bashman



"Intermediate appeals court debate continues": This article appears today in The Charleston (W. Va.) Gazette.
Posted at 11:33 PM by Howard Bashman


"Miranda protection reduced by SJC": The Boston Globe today contains an article that begins, "The state's high court said for the first time yesterday that police do not have to give a Miranda warning to a suspect who has consulted a lawyer and has that lawyer with him or her while being questioned by police."

And The Winchester Star reports today that "SJC hands down ruling in Winchester murder case."

You can access yesterday's 4-3 ruling of the Supreme Judicial Court of Massachusetts at this link.
Posted at 11:30 PM by Howard Bashman



"State Supreme Court to hear insurance case": In today's edition of The San Francisco Chronicle, Bob Egelko has an article that begins, "With hundreds of millions of dollars potentially at stake, the state Supreme Court has agreed to referee a dispute between accident victims and insurers for those who injured them. The justices voted unanimously this week to hear an appeal by a company whose insurer was faced with paying the full cost of treating an accident victim, even though the hospital had provided its services at a discount."
Posted at 11:23 PM by Howard Bashman


"Justice Clarence Thomas sends Cedar Hill student a surprise package": This article appears today in The Dallas Morning News.
Posted at 11:18 PM by Howard Bashman


"Clarence Thomas, Silent but Sure": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 11:17 PM by Howard Bashman


"Ruth Bader Ginsburg says she would forbid state judicial elections": Robert Barnes had this article yesterday in The Washington Post.
Posted at 11:15 PM by Howard Bashman


"Santa Cruz man gets rehearing in Nazi salute": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal appeals court granted a new hearing Friday to a homeless-rights advocate who sued the city of Santa Cruz after he was expelled from a City Council meeting for giving a mock Nazi salute to the mayor."

The Santa Cruz Sentinel reports today that "Outspoken Santa Cruz City Council critic Robert Norse to get another day in court."

And The Associated Press reports that "Court in SF to rehear Nazi salute case."

You can access at this link yesterday's order of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc.

My earlier coverage of the three-judge panel's original ruling can be accessed here.
Posted at 03:52 PM by Howard Bashman



"Obama chooses 1st young appeals court nominee": Mark Sherman of The Associated Press has a report that begins, "Thirteen months into his presidency, Barack Obama finally gave liberal supporters the kind of judicial nominee they had sought and conservatives feared. Goodwin Liu, 39, is an unabashed liberal legal scholar who, if confirmed, could become a force on the federal appeals court for decades."
Posted at 03:35 PM by Howard Bashman


Friday, March 12, 2010

"Court sides with newspapers in dispute with RDU": The News & Observer of Raleigh, North Carolina has an update that begins, "The Raleigh-Durham Airport Authority is violating the First Amendment with its ban on newspaper coin vending racks at the airport, a federal appellate court ruled today."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 10:40 PM by Howard Bashman



"Court OKs TV rules opposed by Comcast, Cablevision": The Associated Press has a report that begins, "A federal court has upheld regulations that require cable TV companies to make channels they own available to satellite TV providers and other rivals on equal terms."

Bloomberg News reports that "Comcast, Cablevision Lose Challenge to Sharing Rule."

Reuters reports that "U.S. court backs ban on some cable TV program deals."

And The Wall Street Journal has a news update headlined "Court Upholds FCC Ban On Exclusive Cable Contracts."

Circuit Judge Brett M. Kavanaugh issued a lengthy dissenting opinion expressing the view that the regulations at issued violated the First Amendment. The dissent may ultimately lead to U.S. Supreme Court review of the case.

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



"Second Circuit Rejects Most Of Attorney Advertising Rules": The New York Law Journal has a report that begins, "In rejecting the bulk of New York's content-based restrictions on attorney advertising, the U.S. Court of Appeals for the Second Circuit held Friday that a ban on the use of nicknames like 'Heavy Hitters' or client testimonials about pending cases violates the First Amendment."

And at the "New York Personal Injury Law Blog," Eric Turkewitz has a post titled "2nd Circuit Rejects Most of New York's Attorney Advertising Rules."

You can access today's Second Circuit ruling at this link.
Posted at 08:27 PM by Howard Bashman



Programming note: Due to some work-related meetings out of the office this afternoon, additional posts will not appear until later today.
Posted at 11:17 AM by Howard Bashman


"Appeals court reinstates limits on brothel ads; AG applauds and ACLU decries decision": This article appears today in The Las Vegas Review-Journal.
Posted at 07:30 AM by Howard Bashman


"Pledge of Allegiance's God reference now upheld by court; In 2002, the U.S. 9th Circuit of Appeals had ruled that the pledge's use of 'One nation under God' made it unconstitutional; The panel now says no federal law requires students to recite it": Carol J. Williams has this article today in The Los Angeles Times.

In today's edition of The San Francisco Chronicle, Bob Egelko reports that "Appeals Court says 'Under God' not a prayer."

Howard Mintz of The San Jose Mercury News reports that "Appeals court rejects challenge to Pledge of Allegiance in schools."

Dan Levine of The Recorder reports that "Reinhardt Stands Alone on 9th Circuit's Pledge of Allegiance 'Under God' Ruling."

And The Christian Science Monitor reports that "Federal court approves 'under God' in Pledge of Allegiance; Atheist Michael Newdow challenged 'under God' in the Pledge of Allegiance and 'in God we trust' on US currency as unconstitutional endorsements of religion; But the Ninth US Circuit Court of Appeals said the references to God are grounded in historical philosophy and politics."
Posted at 07:24 AM by Howard Bashman



"3rd Circuit Asked to Clarify Student Internet Speech Cases": Shannon P. Duffy of The Legal Intelligencer has this report.
Posted at 07:18 AM by Howard Bashman


Thursday, March 11, 2010

"Cleveland to fight for its gun restrictions in front of Ohio Supreme Court": The Cleveland Plain Dealer contains this article today.

And today's edition of The Columbus Dispatch contains an article headlined "Home rule vs. gun law case goes to top court."
Posted at 08:50 PM by Howard Bashman



"SJC backs trigger-lock law on guns in homes": This article appears today in The Boston Globe.

The Boston Herald reports today that "SJC upholds law requiring safe gun storage."

The Cape Cod Times reports that "SJC ruling clouds Mass. gun laws."

And SouthCoastToday.com reports that "Massachusetts SJC rules 2nd Amendment does not apply to states."

My earlier coverage of yesterday's Supreme Judicial Court of Massachusetts ruling can be accessed here.
Posted at 08:47 PM by Howard Bashman



"GOP takes issue with Holder's signing of terrorism-related legal brief in '04": The Washington Post has a news update that begins, "Senate Republicans attacked the attorney general Thursday for failing to disclose during his confirmation process last year that he had signed a 2004 legal brief in an important terrorism case."

Friday's edition of The New York Times will contain an article headlined "Holder Failed to Disclose Brief on Detainee Policy."

Politico.com reports that "Holder under fire for Padilla brief."

And at WSJ.com's "Washington Wire" blog, Evan Perez has a post titled "Holder: In the Hot Seat, Again."
Posted at 07:58 PM by Howard Bashman



"State Supreme Court refuses to reconsider Massey-Harman case": The Charleston (W. Va.) Gazette has this news update.
Posted at 07:50 PM by Howard Bashman


"Court clears reciting of Pledge of Allegiance at Western schools": Bill Mears of CNN.com has this report.
Posted at 06:11 PM by Howard Bashman


"State high court to consider body-armor law": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The California Supreme Court said Wednesday that it will hear a prosecution appeal of a ruling throwing out a state law that bans anyone who has been convicted of a violent felony from owning body armor."

And Metropolitan News-Enterprise reports that "S.C. to Review Ruling Overturning Body Armor Ban for Felons."
Posted at 05:04 PM by Howard Bashman



"Federal court: State has right to ban brothel advertising." The Las Vegas Sun has this news update.

My earlier coverage of today's Ninth Circuit ruling appears at this link.
Posted at 04:16 PM by Howard Bashman



"Minnesota's chief justice to leave the bench; Two years after his appointment, Minnesota Supreme Court Chief Justice Eric Magnuson announced he will leave the court effective June 30": The Minneapolis Star Tribune has this news update.

And the Minnesota Judicial Branch today issued a news release headlined "Chief Justice Eric J. Magnuson to Leave High Court." You can access the official online biography of Chief Justice Eric J. Magnuson at this link.
Posted at 03:54 PM by Howard Bashman



"Court upholds 'under God' in Pledge of Allegiance": The Associated Press has this report.

And Bloomberg News reports that "Pledge of Allegiance in Schools Ruled Constitutional."

My earlier coverage of today's Ninth Circuit rulings (here and here) can be accessed at this link.
Posted at 03:22 PM by Howard Bashman



"Federal Circuit Court Nominee Gains Support": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."
Posted at 03:02 PM by Howard Bashman


Three-judge Ninth Circuit panel rejects First Amendment challenge to Nevada's restrictions on advertising by legal brothels: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 02:30 PM by Howard Bashman


"We are called upon to decide whether the teacher-led recitation of the Pledge of Allegiance to the Flag of the United States of America, and to the Republic for which it stands, by students in public schools constitutes an establishment of religion prohibited by the United States Constitution. We hold it does not; the Pledge is constitutional." Demonstrating the difference that a new three-judge panel can have, today the majority on a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit -- in a 193-page ruling -- has rejected Dr. Michael Newdow's renewed challenge to the Pledge of Allegiance.

Circuit Judge Carlos T. Bea wrote the majority opinion, in which Senior Circuit Judge Dorothy W. Nelson joined. Circuit Judge Stephen Reinhardt, who joined in the Ninth Circuit's original ruling in 2002 declaring the Pledge unconstitutional, issued a dissenting opinion. The majority opinion is 60 pages long, and the dissenting opinion is 133 pages long.

Also worthy of note -- in a separate decision issued today, the same three-judge panel unanimously (although not without criticism from Judge Reinhardt in his separate opinion concurring only in the result) rejects Newdow's challenge to the use of the Nation's motto, "In God we Trust," on United States coins and currency.

In early news coverage, Howard Mintz of The San Jose Mercury News has an update headlined "Appeals court rejects challenge to Pledge of Allegiance in schools."

Bob Egelko of The San Francisco Chronicle has a news update headlined "Court: 'Under God' in Pledge is constitutional."

And Carol J. Williams of The Los Angeles Times has a blog post titled "Divided appeals court rules Pledge of Allegiance doesn't violate Constitution."
Posted at 01:54 PM by Howard Bashman



"Supreme Court Justices Reveal Their Secret Fast-Food Preferences": Jess Bravin has this post at WSJ.com's "Law Blog."
Posted at 01:48 PM by Howard Bashman


"Judge Thomas Porteous impeached by U.S. House of Representatives": Bruce Alpert of The Times-Picayune of New Orleans has this news update.

Update: At "The BLT: The Blog of Legal Times," David Ingram has a post titled "Charging Corruption, House Impeaches Louisiana Judge."
Posted at 12:22 PM by Howard Bashman



"Corporate $peech Good, Presidential Speech 'Very Troubling.'" Law professor James Sample has this commentary at "The Huffington Post."
Posted at 11:35 AM by Howard Bashman


"Author assumes guise of 10-year-old to punk famous": The Associated Press has this report, which notes, among other things, that "Supreme Court justices weighed in on their favorite junk food."

My earlier coverage of the book can be accessed here.
Posted at 10:36 AM by Howard Bashman



"Why the Supreme Court Issues Plurality Opinions": Law professor David R. Stras and professor James F. Spriggs II have posted this paper online at SSRN (via "Legal Theory Blog").
Posted at 10:28 AM by Howard Bashman


"White House Rolls Out Two More Circuit Nominees": David Ingram and Mike Scarcella have this post at "The BLT: The Blog of Legal Times."

Yesterday, the White Houst issued a news release headlined "President Obama Nominates Raymond Lohier, Jr. for the United States Court of Appeals for the Second Circuit, Judge Kate O'Malley for the United States Court of Appeals for the Federal Circuit."

Last week, law.com previewed the Federal Circuit nomination in an article headlined "Ohio District Court Judge the Front-Runner for Federal Circuit Seat, Say Sources; There has been a movement in the patent bar to nominate a down-in-the-trenches district court judge to the Federal Circuit, which has suffered from an Ivory Tower reputation."
Posted at 08:10 AM by Howard Bashman



"It's Obama vs. the Supreme Court, Round 2, over campaign finance ruling": Robert Barnes and Anne E. Kornblut have this article today in The Washington Post.

Today in The Wall Street Journal, Jess Bravin reports that "Reid Remarks Intensify Spat With High-Court Conservatives." You can access the full text of the article via Google News.

Linda Feldmann of The Christian Science Monitor has an article headlined "Chief Justice John Roberts and Obama White House: a tit for tat; Chief Justice John Roberts said Tuesday, in response to an audience question, he was troubled that President Obama used the occasion of his State of the Union address to criticize a Supreme Court ruling; The Obama White House, in turn, reiterated its objection to the court's decision."

The Washington Times reports that "Chief justice reignites feud with Obama; Counters State of Union jab."

Bill Mears of CNN.com reports that "Chief justice chides State of the Union as 'political pep rally.'"

Yesterday evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Roberts Slams 'Pep Rally' Scene At State Of Union" featuring Nina Totenberg.

Online at Slate, Dahlia Lithwick has a jurisprudence essay entitled "Et Tu, SOTU? John Roberts' nonpartisan attack on presidential partisanship."

At her "Crossroads" blog, CBS News correspondent Jan Crawford has a post titled "White House Vs. Supreme Court: It's Getting Ridiculous."

And The Tuscaloosa News has an editorial entitled "Roberts has right quality for chief justice job."

C-SPAN has posted at this link the video of the Chief Justice's remarks at University of Alabama School of Law in delivering the spring 2010 Albritton Lecture, and in the question-and-answer session that followed.
Posted at 08:02 AM by Howard Bashman



"A Second Mistrial for Blogger Charged With Threatening Judges; Lead prosecutor calls third trial 'highly likely'; bail conditions remain in place for Turner, who has announced his intent to fire his attorneys": law.com has a report that begins, "The second trial of blogger Harold 'Hal' Turner, the New Jersey white supremacist charged with threatening to kill three Chicago federal judges, has resulted in a second mistrial."

And The Associated Press reports that "2nd mistrial declared in case against NJ blogger."
Posted at 07:44 AM by Howard Bashman



Wednesday, March 10, 2010

"Appeals court hears arguments on forest roads rule": The Associated Press has this report.
Posted at 04:22 PM by Howard Bashman


"Spouses have bathroom privacy rights, Minnesota appeals court says; Princeton man had no right to secretly videotape his wife": This article appears today in The Pioneer Press of St. Paul, Minnesota.

You can access yesterday's ruling of the Court of Appeals of Minnesota at this link.
Posted at 03:10 PM by Howard Bashman



Articles of interest available online from SSRN: Law professor Ross E. Davies has posted an article titled "The Last Word" that will appear in a forthcoming issue of the Journal of Appellate Practice and Process (via "Legal Theory Blog").

G. Mitu Gulati, David Klein, and David F. Levi have posted an article titled "Evaluating Judges and Judicial Institutions: Reorienting the Perspective" (via "Legal Theory Blog").

And David L. Noll has posted an article titled "The Indeterminacy of Iqbal" (via "Legal Theory Blog").
Posted at 02:04 PM by Howard Bashman



In federal court, must the party seeking a preliminary injunction establish a likelihood of success on the merits, or will it suffice to demonstrate a serious question going to the merits to make them a fair ground for trial, with a balance of hardships tipping decidedly in plaintiff's favor? In a ruling issued today, the U.S. Court of Appeals for the Second Circuit rejects the argument that recent U.S. Supreme Court precedent requires the party seeking a preliminary injunction to establish a likelihood of success on the merits.
Posted at 01:50 PM by Howard Bashman


"This case requires us to resolve an interesting and surprisingly unanswered question of First Amendment law: whether the constitutionality of a zoning ordinance should only be evaluated with regard to the 'alternative avenues of communication' it leaves open at the time it is passed, or also those it leaves open at the time it is challenged." So begins the adult entertainment zoning decision that the U.S. Court of Appeals for the Second Circuit issued today.

Senior Circuit Judge Guido Calabresi issued the opinion on behalf of a unanimous three-judge panel.
Posted at 01:45 PM by Howard Bashman



"SJC upholds trigger locks in Massachusetts": The Boston Globe has a news update that begins, "In a victory for law enforcement and gun control advocates, the state's high court today said state law requiring gun owners to use trigger locks on their weapons inside their homes passes constitutional muster."

And The Associated Press reports that "Mass. court upholds state gun-lock requirement."

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



Chief Justice John G. Roberts, Jr. reports the retirement from teaching of the law professor who reported Chief Justice Roberts's retirement last week: You can hear that just after the one-hour mark in the podcast (54.0MB mp3 audio file) of the Chief Justice's remarks yesterday at the University of Alabama School of Law in the question-and-answer session that followed the spring 2010 Albritton Lecture.

Earlier in that question-and-answer session, the Chief Justice explained the unsuccessful "eat a donut" approach he employed one year in selecting judicial law clerks.
Posted at 11:30 AM by Howard Bashman



"Attacks on Detainee Lawyers Split Conservatives": John Schwarts has this article today in The New York Times.
Posted at 10:12 AM by Howard Bashman


"Roberts chides Senate, Obama": Today's edition of The Tuscaloosa News contains an article that begins, "United States Chief Justice John Roberts was harshly critical of the U.S. Senate's confirmation process for federal judges Tuesday, calling it 'broken down.'"

The Crimson White reports today that "Chief justice speaks at UA."

David G. Savage of The Los Angeles Times reports that "Chief justice unsettled by Obama's criticism of Supreme Court; John G. Roberts Jr. tells law students that the president's rebuke of a ruling on corporate campaign funding and the subsequent cheering at the State of the Union address were 'very troubling.'"

Joan Biskupic of USA Today has an article headlined "Roberts: Presidential address is 'pep rally.'"

The Birmingham News reports that "U.S. Chief Justice John Roberts Jr. addresses University of Alabama law students."

And Bloomberg News reports that "Obama Aide Defends Reproof of U.S. Court After Roberts Comment."

Via the web site of the University of Alabama School of Law, you can download a podcast of the remarks of Chief Justice John G. Roberts, Jr. at the spring 2010 Albritton Lecture by clicking here (54.0MB mp3 audio file).
Posted at 08:30 AM by Howard Bashman



"Despite High Court Skepticism, Advocates Defend Privileges Clause Push": Tony Mauro of The National Law Journal has this report.
Posted at 08:20 AM by Howard Bashman


Tuesday, March 9, 2010

"U.S. Supreme Court to hear vaccine case; The Bruesewitz family of Mt. Lebanon will get its day at the bar of justice": This article appears today in The Pittsburgh Post-Gazette.

And, in related coverage, The Pittsburgh Tribune-Review reports today that "Suit says Mt. Lebanon girl suffered severe brain damage."
Posted at 10:40 PM by Howard Bashman



"Hearing Delayed for Obama Judicial Nominee Who Supported Serial Killer": FOXNews.com has a report that begins, "The Senate Judiciary Committee has postponed the hearing for a controversial Court of Appeals nominee after the panel received a letter from a home-state prosecutor blasting him as a judicial loose cannon and Republicans raised concerns about his alleged bias in favor of sex offenders."
Posted at 10:33 PM by Howard Bashman


"Justices to Hear Case of Protest at Marine Funeral": Adam Liptak has this article today in The New York Times.

In today's edition of The Los Angeles Times, David G. Savage has an article headlined "Supreme Court to hear case on protests; Justices will rule on suit by parents of soldier whose funeral was marred by anti-gay religious demonstrators."

The Wichita Eagle reports that "Phelps-protests case to go before Supreme Court."

The Kansas City Star reports that "Justices to hear case involving Fred Phelps' protests at military funerals."

And The York (Pa.) Daily Record reports that "U.S. Supreme Court to hear Snyder-Westboro case."
Posted at 10:22 PM by Howard Bashman



"Roberts: Scene at State of Union 'very troubling.'" The Associated Press has a report that begins, "U.S. Supreme Court Chief Justice John Roberts says the scene at this year's State of the Union address by President Obama was 'very troubling,' and he wonders if justices should attend in the future."
Posted at 05:40 PM by Howard Bashman


"Gun Points: History reveals a long-standing local authority to regulate guns; Shouldn't that matter?" Saul Cornell, Justin Florence, and Matthew Shors have this jurisprudence essay online at Slate.

And online at The Washington Examiner, Josh Blackman and Ilya Shapiro have an op-ed entitled "Is Justice Scalia abandoning originalism?"
Posted at 04:27 PM by Howard Bashman



"Funeral-protest case to test boundaries": Tony Mauro has this news anaysis online at the First Amendment Center.
Posted at 03:04 PM by Howard Bashman


Fortunately, the panel's original opinion had issued on Opposite Day: Today, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued the following order amending an earlier opinion:
The Opinion filed on December 30, 2009, is amended as follows: on slip Opinion page 16888, delete the word "not" in the first sentence of the section with the title "CONCLUSION."
You can access the Court's original, pre-amendment ruling at this link.
Posted at 01:54 PM by Howard Bashman


"The question of whether a teacher at a sectarian school classifies as a ministerial employee is one of first impression for this Court." In an opinion issued today, a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit examines whether the so-called "ministerial exception" to federal anti-discrimination laws precludes a former teacher from bringing a claim under the Americans with Disabilities Act against the Hosanna-Tabor Evangelical Lutheran Church and School.
Posted at 10:32 AM by Howard Bashman


"Experts Urge Keeping Two Options for Terror Trials": Charlie Savage and Scott Shane have this article today in The New York Times.

Today's edition of The Toronto Globe & Mail contains an article headlined "White House considering military trial for 9/11 suspect; Reported about-face angers rights groups as Obama seeks deal on closing Gitmo."

And at the web site of McClatchy Newspapers, Talat Hamdani has an essay entitled "Justice for 9-11 victims shouldn't involve military commissions."
Posted at 10:00 AM by Howard Bashman



"A Nonfrivolous Suit": Today's edition of The New York Times contains this editorial about the lawsuit over an allegedly scalding McDonald's fried chicken sandwich.

My earlier coverage of the Fourth Circuit's ruling in this case can be accessed here and here.
Posted at 09:54 AM by Howard Bashman



"9th Circuit candidate's career marked by rapid ascent, wide-ranging roles; Berkeley professor Goodwin Liu, son of immigrants, would be youngest judge on the appeals court; He clerked for Ruth Bader Ginsburg and worked in government offices during the Clinton administration": Carol J. Williams has this article today in The Los Angeles Times.
Posted at 09:40 AM by Howard Bashman


"High court to rule on federal background probes": Bob Egelko has this article today in The San Francisco Chronicle.

And The Pasadena Star-News reports today that "Supreme Court to decide if JPL background checks can continue."
Posted at 07:58 AM by Howard Bashman



"Debate Heats Up Over 9th Circuit Nominee": At "The BLT: The Blog of Legal Times," David Ingram has a post that begins, "It was clear even before he was nominated that Goodwin Liu would stir up activists as few other Obama judicial nominees have."
Posted at 07:56 AM by Howard Bashman


"Poll Shows Public Support for Cameras at the High Court": Tony Mauro of The National Law Journal has this report.

The organization that conducted the poll, Fairleigh Dickinson University's PublicMind, has today issued a news release headlined "Public Says Televising Court Is Good for Democracy" providing access to the polling results.
Posted at 07:33 AM by Howard Bashman



Monday, March 8, 2010

"Lawyers, Looking to Launch a Blog? Read This First." At WSJ.com's "Law Blog," Ashby Jones has this post about an article that Mark Herrmann (co-founder of the "Drug and Device Law" blog) has in the Winter 2010 issue of the ABA's Litigation magazine.
Posted at 08:34 PM by Howard Bashman


"Governor nominates Indeglia to R.I. high court": The Providence Journal has this blog post.
Posted at 08:27 PM by Howard Bashman


"High Court Finds Lawyers and Their Advice Covered by Bankruptcy Reform Law": Marcia Coyle of The National Law Journal has this report.
Posted at 08:02 PM by Howard Bashman


"Alabama Supreme Court rules against Hoover store and upholds ban on sale of sex toys": Last Friday, The Birmingham News had an update that begins, "The Alabama Supreme Court today again upheld the state's ban on the sale of sex toys like those at the Hoover store Love Stuff. The court, still divided 7-2, again ruled that the 1988 law prohibiting the sale of sex toys does not violate the U.S. and Alabama constitutions."
Posted at 07:54 PM by Howard Bashman


"In a Polarized Court, Getting the Last Word": In Tuesday's edition of The New York Times, Adam Liptak will have this new installment of his "Sidebar" column.

It begins, "A few times a year, Supreme Court justices go out of their way to emphasize their unhappiness by reading a dissent from the bench out loud, supplementing the dry reason on the page with vivid tones of sarcasm, regret, anger and disdain. The practice is on the rise, and it is suggestive of an increasingly polarized court."

An interesting study that Liptak discusses in his article can be accessed here.
Posted at 07:34 PM by Howard Bashman



"Are There Too Many, or Too Few, Separate Opinions on Appeal?" You can access today's installment of my "Upon Further Review" column published in The Legal Intelligencer, Philadelphia's daily newspaper for lawyers, at this link.
Posted at 05:40 PM by Howard Bashman


"After setbacks, Obama looks to deal on Gitmo": The Associated Press has this report.
Posted at 04:30 PM by Howard Bashman


"Justices reject First Amendment challenges to bankruptcy law": David L. Hudson Jr. has this analysis online at the First Amendment Center.
Posted at 02:52 PM by Howard Bashman


Law professor Eugene Volokh opines on today's cert. grants relating to speech and privacy: At "The Volokh Conspiracy," he has posts titled :
"New Supreme Court Case on the Constitutional Right to Informational Privacy";

"Funeral Picketing/Intentional Infliction of Emotional Distress Case Going to the Supreme Court";

"The Intentional Infliction of Emotional Distress Tort and the Freedom of Speech";

"The Phelpsians' Speech, the Mohammed Cartoons, and the Slippery Slope";

"Where's the State Action in Tort Awards Based on Speech?";

"Jury Discretion, Viewpoint Discrimination, and the Size of the Snyder v. Phelps Compensatory Damages Award";

"Funeral Picketing and Residential Picketing";

"The Phelpsians' Picketing and Fighting Words";

"Invasion of Privacy and the Freedom of Speech";

"The Overbreadth Doctrine and the Funeral Picketing Case."

It's nice to see that Eugene is putting his extensive knowledge about the law of free speech and privacy to good use.
Posted at 02:50 PM by Howard Bashman


Brent Kendall of Dow Jones Newswires is reporting: He has articles headlined "US Supreme Court Restores Bankruptcy Provision On Debt Advice" and "US Supreme Court To Weigh Lawsuits For Vaccine Injuries."
Posted at 12:50 PM by Howard Bashman


"Court to rule in military funeral protest case": Robert Barnes of The Washington Post has this news update.

David G. Savage of The Los Angeles Times has a blog post titled "'Thank God for dead soldiers': Supreme Court to rule on free speech in case of soldier's funeral."

And Bill Mears of CNN.com has a report headlined "Justices to hear case over protests at military funerals."
Posted at 12:44 PM by Howard Bashman



"Supreme Court to hear Phelps case; Justices to rule whether First Amendment protects military funeral protests": The Topeka Capital-Journal has this news update.

And Greg Stohr of Bloomberg News reports that "Anti-Gay Protest at Marine Funeral Gets Court Review."
Posted at 12:28 PM by Howard Bashman



"Supreme Court Rules on Bankruptcy Advice, Takes Funeral Protest Case": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 11:50 AM by Howard Bashman


"Court to rule on funeral pickets": Lyle Denniston has this post at "SCOTUSblog."
Posted at 11:45 AM by Howard Bashman


James Vicini of Reuters is reporting: He has articles headlined "Court to decide if vaccine makers can be sued" and "Court to consider NASA employee background checks."
Posted at 10:57 AM by Howard Bashman


Access today's opinions in argued cases and Order List of the U.S. Supreme Court: You can access today's Order List at this link. The Court granted review in three cases and requested the views of the Solicitor General in two cases.

The Court today also issued two opinions in argued cases.

Justice Sonia Sotomayor delivered the opinion of the Court in Milavetz, Gallop & Milavetz, P.A. v. United States, No. 08-1119. You can access the oral argument transcript at this link.

And Justice Clarence Thomas delivered the opinion of the Court in Bloate v. United States, No. 08-728. You can access the oral argument transcript at this link.

In early news coverage, The Associated Press reports that "Court to rule in military funeral protest case"; "Court will hear case about vaccine side effects"; and "Court will decide if NASA checks can continue"; "Court won't disturb ban on death row interviews"; and "Court rejects Texas appeal in murder case."
Posted at 10:06 AM by Howard Bashman



"UK justices hear detainees' torture appeal": The Associated Press has this report.
Posted at 09:48 AM by Howard Bashman


"Graham to Obama: scrap New York terror trial, I'll stand with you; Senator Lindsey Graham on Sunday outlined his plan to help President Obama close Guantanamo if the administration agrees to abandon a civilian New York terror trial for 9/11 mastermind Khalid Sheikh Mohammed in favor of a military tribunal." The Christian Science Monitor has this report.

The Associated Press reports that "GOP senator urges Obama to shift on terror trials."

And today's edition of The New York Times contains an editorial entitled "Are You or Have You Ever Been a Lawyer?"
Posted at 08:10 AM by Howard Bashman



"Concord police told to arrest high court": The Concord (N.H.) Monitor today contains a newsbrief that begins, "A Plymouth justice of the peace was arrested last week after he asked the Concord police to arrest the five justices of the state Supreme Court, according to the state attorney general's office."
Posted at 08:05 AM by Howard Bashman


"Chief justice to speak at UA": Today's edition of The Crimson White contains an article that begins, "Chief Justice John Roberts will make a rare public speech Tuesday during a visit to the University. Roberts, who will speak at the Law School Tuesday at 2 p.m., will be the ninth Supreme Court justice to visit Tuscaloosa since 1996 as a part of the Albritton Lecture Series. Justice Clarence Thomas delivered the most recent lecture back in October."
Posted at 07:58 AM by Howard Bashman


"A bipartisan push to clean up the Supreme Court's mess": Columnist E.J. Dionne Jr. has this op-ed today in The Washington Post.
Posted at 07:50 AM by Howard Bashman


"High Court: Does religion still matter?" In today's edition of The Washington Post, Robert Barnes has an article that begins, "Here's the kind of question that might violate the rules you learned about proper dinner conversation: Does President Obama's next Supreme Court nominee need to be a Protestant?"
Posted at 07:46 AM by Howard Bashman


"Job offers dwindle for MBA and law school grads": This front page article appears today in The Sacramento Bee.
Posted at 07:38 AM by Howard Bashman


"[W]hile Supreme Court Justice David Souter's dour response on the subject of his favorite McDonald's food seems fitting, I was surprised that Clarence Thomas was so effusive in his praise of the Egg McMuffin." So states Bill Geerhart, as quoted in the "Political Bookworm" column published in the Book World section of yesterday's edition of The Washington Post (via Jess Bravin's Twitter feed).

Tomorrow is the publication date of Geerhart's new book, "Little Billy's Letters: An Incorrigible Inner Child's Correspondence with the Famous, Infamous, and Just Plain Bewildered."
Posted at 07:35 AM by Howard Bashman



"Filibuster Threat? Start Talking; Democrats Say Obstructing Republicans Should Have to Stick It Out on Senate Floor." Naftali Bendavid has this article today in The Wall Street Journal. You can access the full text of the article via Google News.
Posted at 07:28 AM by Howard Bashman


Sunday, March 7, 2010

"Campaign finance legislation faces tricky issue of foreign corporations; As lawmakers react to a Supreme Court decision that struck down a portion of election funding laws, the fate of U.S. subsidiaries is uncertain": This article appears today in The Los Angeles Times.
Posted at 12:25 PM by Howard Bashman


Saturday, March 6, 2010

"Gays in military ruling creates dilemma for brass": The Associated Press has a report that begins, "A pressing legal reality for the 'don't ask, don't tell' standard for gays serving in the military is that the 9th U.S. Circuit Court of Appeals has already struck down the way it's practiced in much of the Western United States."
Posted at 10:17 PM by Howard Bashman


"Torture memos resemble Clarence Thomas' way of thinking; The Supreme Court justice has a history of dismissing prisoner brutality; And it's his former law clerk who was investigated for authorizing harsh interrogation tactics as a Justice Department lawyer": David G. Savage will have this article Sunday in The Los Angeles Times.
Posted at 10:05 PM by Howard Bashman


"How the Constitution, filtered by the high court, affects guns": Columnist George F. Will will have this op-ed Sunday in The Washington Post.
Posted at 02:03 PM by Howard Bashman


"Rules can make voter ID hard to get, court told; Lawyer: Obtaining a card with BMV requirements is a whole new ballgame." The Indianapolis Star contains this article today.
Posted at 02:00 PM by Howard Bashman


"Williams to serve R.I. Supreme Court as mediator": This article appears today in The Providence Journal.
Posted at 01:58 PM by Howard Bashman


"Second Nominee For 2nd Circuit? State, federal judges questioned about Yale in-house attorney." The Connecticut Law Tribune has this report.
Posted at 01:55 PM by Howard Bashman


"White House Postpones Picking Site of 9/11 Trial": Charlie Savage has this article today in The New York Times.

The Los Angeles Times reports today that "White House reconsiders holding terror trials in civilian court; Suspected Sept. 11 plotters may be tried before military tribunals after all, administration officials say; Holding the trials in civilian court is deemed 'politically untenable.'"

The Wall Street Journal reports that "Obama Leans Toward Switch to Military Trials on 9/11."

The Christian Science Monitor has an article headlined "Will return to military tribunals prompt Guantanamo closing? Republicans may back closing the Guantanamo Bay prison if the Obama administration decides to try alleged 9/11 conspirator Khalid Sheikh Mohammed by military tribunal."

From National Public Radio, today's broadcast of "Weekend Edition Saturday" contained an audio segment entitled "White House Changes Course On Sept. 11 Trial." And yesterday evening's broadcast of "All Things Considered" contained audio segments entitled "U.S. Weighs Military Trials For 9/11 Suspects" and "Moving Sept. 11 Trial May Have Political Implications."
Posted at 11:35 AM by Howard Bashman



"High cost of McCourts' divorce: $19 million in fees; Dodgers' case could be one of the most expensive in California history; Even other high-profile divorce attorneys are surprised." Today's edition of The Los Angeles Times contains an article that begins, "Frank and Jamie McCourt's divorce could become one of the costliest splits in California history, with attorneys and accountants commanding as much as $19 million in fees -- more than the Dodgers will spend on their starting infield this season."
Posted at 11:24 AM by Howard Bashman


"Supreme Court ruling eases prosecution of Levy slaying suspect": Michael Doyle of McClatchy Newspapers has a report that begins, "The Supreme Court has made it easier to successfully prosecute the man accused of killing former intern Chandra Levy."
Posted at 11:18 AM by Howard Bashman


"The lesson behind the Chief Justice Roberts rumor: An example from a law professor's lecture becomes a case study on the perils of a wired world." This article appears today in The Los Angeles Times.

And yesterday evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Tracing Rumor Of John Roberts' Retirement."
Posted at 11:10 AM by Howard Bashman



"Guns, Virtuous History and Internet Searches; Digital searches lend support to Chicago's argument that the word 'militia' meant the state army at the time of the Second Amendment": Law professor Calvin H. Johnson will have this essay in Monday's edition of The National Law Journal.
Posted at 10:57 AM by Howard Bashman


"Scales of Justice: In Zurich, Even Fish Have a Lawyer; On Sunday, Swiss Vote on National Bill To Appoint Public Defenders for Animals." This front page article appears today in The Wall Street Journal.
Posted at 10:38 AM by Howard Bashman


Friday, March 5, 2010

"Scott Matheson -- Excellent Nomination for the Tenth Circuit": Paul Cassell has this post at "The Volokh Conspiracy."
Posted at 04:08 PM by Howard Bashman


"Message from Malta: Kmiec Comments on Chicago Gun Case." Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 01:38 PM by Howard Bashman


"Obama advisers set to recommend military tribunals for alleged 9/11 plotters": This front page article appears today in The Washington Post.

The Associated Press reports that "WH considering military trials for 9/11 suspects."

Reuters reports that "Obama aides mull September 11 suspect military trial."

At Politico.com, Josh Gerstein has an article headlined "Return to military tribunals?"

And today's edition of The New York Times contains an editorial entitled "Trials and Error."
Posted at 10:15 AM by Howard Bashman



"State's high court hears new challenge to voter ID law; Justices have a lot of questions about nation's strictest policy": The Indianapolis Star contains this article today.

The Journal Gazette of Fort Wayne, Indiana reports today that "Justices weigh burden of voter ID; Women's league contends law keeps many from polls."

The Evansville Courier & Press reports that "High court ponders Indiana's voter ID; Justices dwell on absence of plaintiffs."

And The Louisville Courier-Journal reports that "Indiana Supreme Court considers voter ID law."
Posted at 07:50 AM by Howard Bashman



"'Honest services fraud' law: too wide a net; The Supreme Court should strike down this over-broad statute." This editorial appears today in The Los Angeles Times.
Posted at 07:38 AM by Howard Bashman


"A shameful attack on the U.S. legal system": Walter Dellinger has this op-ed today in The Washington Post.
Posted at 07:36 AM by Howard Bashman


"A Game of Resisting the I.R.S." In today's edition of The New York Times, Floyd Norris has this column in which he discusses the Textron case, which is now pending on petition for writ of certiorari before the U.S. Supreme Court.
Posted at 07:34 AM by Howard Bashman


"Behind Supreme Court case: Do gun rights protect against tyranny? The US Supreme Court is considering what could be a landmark decision on individual gun rights; An unspoken argument is that armed citizens would make any usurper think twice before subverting the Constitution." Warren Richey of The Christian Science Monitor has this report.
Posted at 07:30 AM by Howard Bashman


"North Bergen shock jock Hal Turner insists he never threatened judges": This article appears today in The Bergen County (N.J.) Record.
Posted at 07:25 AM by Howard Bashman


"Ohio District Court Judge the Front-Runner for Federal Circuit Seat, Say Sources; There has been a movement in the patent bar to nominate a down-in-the-trenches district court judge to the Federal Circuit, which has suffered from an Ivory Tower reputation": Zusha Elinson of The Recorder has this report.
Posted at 07:22 AM by Howard Bashman


Thursday, March 4, 2010

"A Roberts rumor's blip on Washington's radar": The Associated Press has a report that begins, "For a short time Thursday, Washington buzzed over a rumor reported exclusively by an online gossip Web site with no particular Supreme Court expertise that Chief Justice John Roberts was considering stepping down."

The "Media Decoder" blog of The New York Times has a post titled "Radar Claims Two John Roberts Exclusives; One of Them Isn't True."

And at "Above the Law," David Lat has a post titled "Anatomy of a Rumor: The Story Behind Chief Justice John Roberts's 'Retirement.'"
Posted at 07:55 PM by Howard Bashman



"NJ blogger: Rants were sanctioned by FBI." The Associated Press has a report that begins, "A right-wing New Jersey blogger charged with threatening federal judges told a jury Thursday that his racist Internet rants were an FBI-sanctioned ruse to 'flush out' dangerous neo-Nazi and white supremacist members of his audience."
Posted at 05:00 PM by Howard Bashman


"Indiana justices lob questions at voter ID law": The Indianapolis Star has a news update that begins, "Sharp questions from the five justices dominated an hour of arguments today about the state's voter identification law in the Indiana Supreme Court. The politically charged issue has been embroiled in lawsuits since the adoption of the 2005 law, which requires voters to present a government-issued photo ID. One challenge resulted in the U.S. Supreme Court upholding the law nearly two years ago."
Posted at 03:07 PM by Howard Bashman


"Dawn Johnsen Nomination Heads Back to Senate": At "The BLT: The Blog of Legal Times," David Ingram has a post that begins, "Repeating arguments that they've been making for a year, members of the Senate Judiciary Committee voted along party lines today to move forward on Dawn Johnsen's nomination for a top position in the U.S. Justice Department."

The Fort Wayne Journal Gazette has a news update headlined "Hoosier nominee Johnsen OK'd by Senate committee."

The Indianapolis Star has this news update.

"The Caucus" blog of The New York Times has a post titled "Judiciary Panel Clears Justice Nominee -- Again."

And Politico.com reports that "Anti-torture Department of Justice nominee, Dawn Johnsen, advances."
Posted at 02:58 PM by Howard Bashman



Don't spend it all in one place: Thanks to the U.S. Court of Appeals for the Eighth Circuit, the attorney for a Nebraska state prison inmate/artist who was prohibited from sending drawings of a marijuana leaf and a bare-breasted woman to his mother and to the Maoist Internationalist Movement has "won" an attorney's fee in the amount of $1.50. You can access today's ruling at this link.

I wrote about this minuscule attorney's fee phenomenon in the February 6, 2006 installment of my "On Appeal" column for law.com, headlined "Minimum Wage: The $1.50 Attorney Fee."
Posted at 02:43 PM by Howard Bashman



"TiVo prevails in patent rights case against Dish": The Associated Press has this report.

Reuters reports that "TiVo wins ruling in Echostar case, shares spike."

And Brent Kendall of Dow Jones Newswires reports that "US Court Affirms EchoStar-Dish Contempt Sanction In TiVo DVR Case."

My earlier coverage appears in the post immediately below.
Posted at 02:33 PM by Howard Bashman



"TiVo Wins Court Ruling Against Dish, EchoStar": Bloomberg News has a report that begins, "TiVo Inc. won a U.S. appeals court ruling that Dish Network Corp. and EchoStar Corp. are still infringing its patent and should stop providing digital-video recording services."

You can access today's ruling of the U.S Court of Appeals for the Federal Circuit at this link.
Posted at 11:58 AM by Howard Bashman



"SCOTUK Pays Visit to SCOTUS": At his "Washington Briefs" blog, Lawrence Hurley of The Daily Journal of California has a post that begins, "The Supreme Court hosted the president of the recently-formed U.K. Supreme Court, Lord Phillips of Worth Matravers, Wednesday."
Posted at 10:37 AM by Howard Bashman


"Scott Matheson named to 10th Circuit appellate court; Utahn is praised for legal and academic credentials": This article appears today in The Salt Lake Tribune.

The Deseret News reports today that "Obama names Scott Matheson Jr. to 10th Circuit Court of Appeals."

Yesterday, the White House issued a news release headlined "President Obama Nominates Scott M. Matheson, Jr. to the United States Court of Appeals for the Tenth Circuit."

The University of Utah's S.J. Quinney College of Law issued a press release yesterday headlined "Matheson Nominated to 10th U.S. Circuit Court of Appeals."

Politico.com has a blog post titled "Matheson knocks down vote trading questions" about an item at WeeklyStandard.com headlined "Obama Now Selling Judgeships for Health Care Votes? Obama names brother of undecided House Dem to Appeals Court."

At "The BLT: The Blog of Legal Times," David Ingram has a post titled "Former Law Dean, Gubernatorial Candidate Picked for 10th Circuit."

The nominee's law faculty bio can be accessed here.

The nominee is no relation to Philadelphia Phillies pitcher Scott Mathieson, who this spring is attempting to rebound from two Tommy John surgeries, see here and here. I saw him pitch last season in the minor leagues, and he had great velocity on his fastball.
Posted at 10:22 AM by Howard Bashman



"Ex-Justice O'Connor favors end to electing judges; Support voiced for Gansler proposal to appoint members of Circuit Court": The Baltimore Sun contains this article today.

And The Daily Record contains an article headlined "O'Connor in Maryland to support bill to end contested elections for judges."
Posted at 08:27 AM by Howard Bashman



"Additional Justice Department appointees with past detainee work identified; The agency releases the names of seven more officials after GOP lawmakers said the connections raised serious questions on Obama's policies; Two appointees had previously been named": This article appears today in The Los Angeles Times.
Posted at 08:25 AM by Howard Bashman


"Md. and Va. defense attorneys differ on Supreme Court ruling on Miranda rights": The Washington Post contains this article today.
Posted at 08:23 AM by Howard Bashman


"U.S. Supreme Court Upholds Order to Remove Religious Materials From Manchester Post Office Counter": This article appears today in The Hartford Courant.

My earlier coverage of the Second Circuit's ruling appears here and here.
Posted at 08:20 AM by Howard Bashman



"Top Oklahoma court rejects abortion bill": The Oklahoman contains this article today.

You can access Tuesday's ruling of the Supreme Court of Oklahoma at this link.
Posted at 08:14 AM by Howard Bashman



"State high court is latest to test voter ID law; Newest chapter in a debate that has raged since 2005 centers on exceptions for mail-in absentee voters, others": This article appears today in The Indianapolis Star.
Posted at 08:03 AM by Howard Bashman


Wednesday, March 3, 2010

"Supreme Court appears split on Somalia torture case; Former Somali leader Mohamed Ali Samantar is being sued under a law designed to give torture victims a chance to get recompense -- but another law gives immunity to official foreign government actions": David G. Savage will have this article Thursday in The Los Angeles Times.

Jess Bravin of The Wall Street Journal has a news update headlined "High Court Addresses Foreign Leaders' Immunity."

On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "Court Weighs Suit Against Former Somali Leader."

And Ariane de Vogue of ABCNews.com has an article headlined "Can Ex-Somali Official Living in U.S. Be Sued for Torture? Supreme Court to Decide If He's Immune to Lawsuits Filed in the U.S."
Posted at 07:58 PM by Howard Bashman



"Work key to long life for 102-year-old judge": Earlier this week, The Wichita Eagle published an article that begins, "Judge Wesley Brown began working at about age 10, after his father fell ill and he had to help support his family. That was about 1917, and the federal judge in Wichita said that beginning work at a young age is one reason he's still showing up to the courthouse every day at 102."
Posted at 05:36 PM by Howard Bashman


"At the Supreme Court, An Hour Can Last 66 Minutes": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 05:32 PM by Howard Bashman


"Flipping Off Cops Is Legal, Not Advised": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 02:03 PM by Howard Bashman


"Defense Lawyers in Wone Case Call Evidence 'Grossly Prejudicial'": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."
Posted at 02:01 PM by Howard Bashman


"Court questions suit against former Somali leader": The Associated Press has this report.
Posted at 02:00 PM by Howard Bashman


"Gregory Craig Debriefs on Sotomayor Nomination": David Ingram has this post today at "The BLT: The Blog of Legal Times."
Posted at 12:04 PM by Howard Bashman


"Book: HP eyed Fiorina as dad ruled on case." At Politico.com, Josh Gerstein has an article that begins, "California Republican Senate candidate Carly Fiorina was negotiating for a lucrative job as CEO of Hewlett-Packard Co. a decade ago at the same time her father wrote a significant appeals court opinion that the high-tech industry had aggressively lobbied for, a new book reports. In July 1999, Ninth Circuit Court of Appeals Judge Joseph Sneed, Fiorina's father, issued a ruling that made it far more difficult for class-action lawyers to file securities lawsuits."
Posted at 12:00 PM by Howard Bashman


"Court to review Katrina lawsuit; Coast landowners claim companies caused hurricane": The Associated Press has a report that begins, "A federal appeals court has agreed to review a three-judge panel's ruling that a group of Mississippi coastal landowners can sue energy and chemical companies claiming their greenhouse gas emissions contributed to global warming, caused sea levels to rise and added to the intensity of Hurricane Katrina."

My earlier coverage of the Fifth Circuit's order granting rehearing en banc can be accessed here.
Posted at 10:37 AM by Howard Bashman



"Can Torture Victims Sue Their Tormentors?" This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."

Yesterday's edition of The Washington Post contained an article headlined "At 74, Fairfax resident, a former Somali prime minister, may face war-crimes lawsuit."

UPI reports that "Court weighs Somalia war crimes trial."

Voice of America News has an article headlined "US Case Involving Somalis Tests Immunity and Torture Laws; Supreme Court to decide whether former foreign-government officials who committed human-rights abuses while in office are entitled to immunity."

And at "SCOTUSblog," Lyle Denniston previews the oral argument in a post titled "Overseas reach of anti-torture law."
Posted at 08:42 AM by Howard Bashman



"High court wary of suit over detainee medical care": The Associated Press has this report.

You can access the transcript of yesterday's U.S. Supreme Court oral argument in Hui v. Castaneda, No. 08-1529, at this link.

Those readers who have observed that the U.S. Supreme Court sometimes schedules cases with related themes for oral argument on the same day may wish to note that yesterday's oral arguments involved handguns and an amputated penis.
Posted at 08:33 AM by Howard Bashman



"Keenan confirmed for 4th Circuit judgeship": This article appears today in The Richmond Times-Dispatch.
Posted at 08:27 AM by Howard Bashman


"Justices Reinstate Settlement With Writers": Adam Liptak has this article today in The New York Times.

The Associated Press reports that "Court says freelancer settlement can be approved."

James Vicini of Reuters reports that "US top court sides with publishers on $18 mln deal; Case involves settlement reached in 2005."

Brent Kendall of Dow Jones Newswires reports that "US Supreme Court Revives Freelancer-Publisher Settlement."

And Marcia Coyle of The National Law Journal reports that "Supreme Court Keeps $18 Million Internet Copyright Settlement Alive."
Posted at 08:02 AM by Howard Bashman



"7th Circuit Judges Testify in Trial Over Blogger's Web Threats; Chief Judge Frank Easterbrook's cross-examination featured several defense stumbles": This article appears today in the New York Law Journal.

The New York TImes reports today that "3 U.S. Judges Testify in a Death Threat Case."

The New York Daily News reports that "Judges testify against shock jock Harold (Hal) Turner's 'death' rant over upholding of handgun ban."

And The Bergen County (N.J.) Record reports that "Judges testify that they feared for their lives after blog post by North Bergen shock jock Hal Turner."
Posted at 07:42 AM by Howard Bashman



Tuesday, March 2, 2010

"Appeals court refuses to rehear Moussaoui's case": The Associated Press has this report.

You can access today's order of the U.S. Court of Appeals for the Fourth Circuit denying rehearing en banc at this link.
Posted at 06:24 PM by Howard Bashman



"Court refuses to stop DC's gay marriage law": Jesse J. Holland of The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "D.C. same-sex marriages allowed."

You can access the "In Chambers" opinion that Chief Justice John G. Roberts, Jr. issued today at this link.
Posted at 06:10 PM by Howard Bashman



"Appeals Court rules in favor of Kamehameha Schools, rejects plaintiffs' anonymity": The Honolulu Star-Bulletin has a news update that begins, "Students who want to challenge Kamehameha Schools' admission policy must reveal their names publicly to pursue the case in court, the Ninth U.S. Circuit Court of Appeals ruled today."

And The Honolulu Advertiser has a news update headlined "Students contesting Kamehameha Schools policy denied anonymity."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 05:40 PM by Howard Bashman



"Virginia Supreme Court Justice Barbara M. Keenan was confirmed by the U.S. Senate today to fill a vacancy on the Richmond-based 4th U.S. Circuit Court of Appeals." So begins this news update from The Richmond Times-Dispatch.

And The Associated Press reports that "Senate confirms Keenan to Appeals Court seat."
Posted at 05:17 PM by Howard Bashman



Speaking of the proliferation of separate opinions! Earlier today, I linked to this article published today in Pennsylvania Law Weekly in which I was quoted extensively on that topic with respect to the Supreme Court of Pennsylvania.

And, as an aside, from time to time this blog has noted with amusement cases in which one federal appellate judge has both written the opinion for a unanimous three-judge panel and, in the very same case, issued a concurring opinion explaining how he or she would have resolved a matter that the rest of the panel saw no need to address. On some of those occasions, I have written that if only that same judge had also issued a dissent, he or she would have achieved the appellate opinion trifecta.

Today, courtesy of the Ninth Circuit, we see how one judge on a three-judge panel can issue both the majority opinion and a dissent, through the magic that is panel rehearing. The panel's original opinion, from August 2009, can be accessed here. Today's replacement opinion, in which one judge has both written the majority opinion and a dissent, can be accessed here. The other two judges on the panel limited themselves to just one opinion each, meaning that the three-judge panel's revised ruling has generated a total of four separate opinions. Unfortunately, the judge who wrote both the majority opinion and a dissent, Circuit Judge Consuelo M. Callahan, has not achieved the appellate opinion trifecta, as she hasn't yet issued a concurring opinion in the case. But, since this case is pending before the Ninth Circuit, don't give up hope yet!
Posted at 05:00 PM by Howard Bashman



"Supreme Court tosses red-light camera violation, says city ordinance violates state law": The News-Leader of Springfield, Missouri has an update that begins, "The Missouri Supreme Court today voided a former state trooper's $100 ticket, saying Springfield's method for enforcing red-light camera violations conflicts with state law."

You can access today's ruling of the Supreme Court of Missouri at this link. The court's unanimous opinion begins, "This is a $100 case. But sometimes, it's not the money -- it's the principle."
Posted at 04:40 PM by Howard Bashman



"Supreme Court Remains Divided Over Gun Control": Adam Liptak of The New York Times has this news update.

Jess Bravin of The Wall Street Journal has a news update headlined "Court Leans to Pro-Gun-Rights Ruling."

Michael Doyle of McClatchy Newspapers reports that "Supreme Court hears arguments on Chicago handgun law."

Warren Richey of The Christian Science Monitor reports that "Supreme Court seems ready to extend gun rights to cities, states; The Supreme Court heard oral arguments Tuesday in a landmark gun rights case that could apply the Second Amendment's right to bear arms to both cities and states."

And Bill Mears of CNN.com reports that "Justices debate Chicago handgun ban."
Posted at 04:35 PM by Howard Bashman



Access online the transcript of today's U.S. Supreme Court oral argument in McDonald v. City of Chicago, No. 08-1521: The Court has posted the transcript at this link.
Posted at 02:46 PM by Howard Bashman


"McDonald v. Chicago Instant Analysis": Josh Blackman attended this morning's oral argument and has this post at his blog.
Posted at 01:57 PM by Howard Bashman


"Supreme Court Appears Ready To Overturn Chicago Gun Ban": David G. Savage of The Los Angeles Times has this news update.

Bloomberg News reports that "Top U.S. Court Signals States Must Respect Gun Rights."

And Reuters reports that "Top court considers reach of gun rights."
Posted at 01:55 PM by Howard Bashman



"Justices may extend 2nd Amendment's reach": UPI has this report.
Posted at 12:36 PM by Howard Bashman


"In Chicago Gun Case, Supreme Court Sounds Note of Caution": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 12:27 PM by Howard Bashman


"2d Amendment extension likely": At "SCOTUSblog," Lyle Denniston has a post that begins, "The Supreme Court on Tuesday seemed poised to require state and local governments to obey the Second Amendment guarantee of a personal right to a gun, but with perhaps considerable authority to regulate that right."
Posted at 11:42 AM by Howard Bashman


"Tailgating at the Supreme Court, Without the Cars": In Wednesday's edition of The New York Times, Adam Liptak will have an article that begins, "Mike Sacks likes to be the first person in line for big Supreme Court arguments, and he was feeling pretty confident when he arrived at the court Monday morning around 8, 26 hours before the court would hear a big gun-control case."
Posted at 11:40 AM by Howard Bashman


"High court looks at reach of Second Amendment": Mark Sherman of The Associated Press has this post-oral argument report.
Posted at 11:35 AM by Howard Bashman


"Proliferating Opinions Part of Court's Dialogue; Justices' concurrences can have value, experts say": In today's edition of Pennsylvania Law Weekly, Leo Strupczewski has this article (in which I am extensively quoted) about the Supreme Court of Pennsylvania.
Posted at 10:50 AM by Howard Bashman


Once you become a member of the U.S. Supreme Court's bar, you no longer need to experience the "fun" of camping out overnight to attend oral argument: But you can still enjoy it vicariously, thanks to Mike Sacks and Josh Blackman. Via those two links, you can access their post-oral argument updates sometime after 11 a.m. eastern time today.
Posted at 10:40 AM by Howard Bashman


"For Amputees, An Attorney Who Knows Their Pain": Today in The Daily Journal of California, Lawrence Hurley has an article that begins, "When Conal Doyle walks to the lectern at the U.S. Supreme Court Tuesday, he will do so with a detectable limp. The California-based plaintiffs' lawyer, who recently relocated to Los Angeles from Oakland, will become one of the few known amputees to have argued before the justices."
Posted at 10:24 AM by Howard Bashman


Access online today's three U.S. Supreme Court decisions in argued cases: Justice Samuel A. Alito, Jr. delivered the opinion for a unanimous Court in Mac's Shell Service, Inc. v. Shell Oil Products Co., No. 08-240. You can access the oral argument transcript at this link.

Justice Clarence Thomas delivered the opinion of the Court in Reed Elsevier, Inc. v. Muchnick, No. 08-103. Justice Ruth Bader Ginsburg issued an opinion concurring in part and concurring in the judgment, in which Justices John Paul Stevens and Stephen G. Breyer joined. Justice Sonia Sotomayor did not participate in the decision. You can access the oral argument transcript at this link.

And Justice Antonin Scalia delivered the opinion of the Court in Johnson v. United States, No. 08-6925. Justice Alito issued a dissenting opinion, in which Justice Thomas joined. You can access the oral argument transcript at this link.
Posted at 10:11 AM by Howard Bashman



"Nevada Supreme Court hears Mack plea for new trial": Today in The Reno Gazette-Journal, Martha Bellisle has an article that begins, "Reno businessman Darren Mack, convicted of killing his wife and shooting their divorce judge, should get a new trial because his lawyers allowed him to plead guilty without discussing defenses that would have meant a lighter sentence, his new lawyer told the Nevada Supreme Court on Monday."
Posted at 08:22 AM by Howard Bashman


"Ten Commandments monument to come down soon; This follows news that the U.S. Supreme Court won't hear the case": The Tulsa World contains this article today.

The Oklahoman reports today that "U.S. Supreme Court won't hear Bible marker case."

And Warren Richey of The Christian Science Monitor reports that "Supreme Court lets stand order to remove Ten Commandments monument; A lower court ruled that a Ten Commandments monument on the lawn of an Oklahoma courthouse was an endorsement of religion, and violated the First Amendment; The Supreme Court let that decision stand."
Posted at 08:17 AM by Howard Bashman



"Miranda isn't forever: Every suspect is entitled to a lawyer; But the Supreme Court has set a time limit." This editorial appears today in The Los Angeles Times.
Posted at 08:10 AM by Howard Bashman


"Justices Hear Appeal of Ex-Chief of Enron": Adam Liptak has this article today in The New York Times.

Today in The Houston Chronicle, Mary Flood reports that "Justices show concern over Skilling case."

Robert Barnes of The Washington Post reports that "Skilling case latest to test 'honest services.'"

David G. Savage of The Los Angeles Times reports that "Skilling may get legal break; The Supreme Court might strike part of his conviction because it rests on a vague law."

Joan Biskupic of USA Today reports that "Supreme Court hears ex-Enron CEO's appeal; Skilling says jury was tainted in his fraud trial."

In The Wall Street Journal, Jess Bravin and Brent Kendall report that "Justices Question Selection of Skilling Jury."

Financial Times reports that "US top court hears Enron chief's appeal."

And Tony Mauro of The National Law Journal reports that "Supreme Court Focuses on Jury Impartiality in Enron Case."
Posted at 08:00 AM by Howard Bashman



"Justices Debate Whether Lawyer Negligence Can Extend Habeas Deadline": Marcia Coyle of The National Law Journal has this report.
Posted at 07:38 AM by Howard Bashman


"Gun rights lawyer gives hope to liberal causes; 14th Amendment argument opens to gay rights, abortion": This article appears today in The Washington Times.

Today's edition of The Chicago Tribune contains an article headlined "As gun-control case goes before Supreme Court, both sides speak out; Chicago's handgun ban challenged."

Mark Sherman of The Associated Press reports that "High court looks at reach of Second Amendment."

The New York Times contains an editorial entitled "The Second Amendment's Reach."

The Washington Post contains an editorial entitled "High noon for high court on gun-rights case."

The Orange County Register contains an editorial entitled "Gun case loaded with implications."

And in The Tallahassee Democrat, Florida Attorney General Bill McCollum has an op-ed entitled "Standing up for our Second Amendment."
Posted at 07:32 AM by Howard Bashman



Monday, March 1, 2010

Fifth Circuit grants rehearing en banc of lawsuit alleging that the operation of energy, fossil fuels, and chemical industries caused the emission of greenhouse gasses that contributed to global warming, resulting in the harms caused by Hurricane Katrina: Nine judges participated in last week's order granting rehearing en banc. The order noted that seven judges were recused.

My earlier coverage of the original three-judge panel's ruling can be accessed here and here.
Posted at 09:55 PM by Howard Bashman



"Clackamas man exercises free speech rights by giving cops the finger": This article appears today in The Oregonian.
Posted at 09:21 PM by Howard Bashman


"Mayor Daley 'optimistic' U.S. Supreme Court will uphold city's handgun ban": The Chicago Sun-Times has this news update.

Warren Richey of The Christian Science Monitor reports that "Supreme Court to take up landmark gun-control case; The Supreme Court hears arguments Tuesday on a landmark gun-control case, McDonald v. Chicago, on whether cities and states have the right to ban handguns." The publication also has an editorial entitled "In McDonald v. Chicago case, another Supreme Court landmark ruling on guns? The Supreme Court hears arguments Tuesday that could result in striking down a handgun ban in Chicago and other places; But beyond that, the court must clarify how fundamental gun rights are; They shouldn't be viewed as equal to free-speech rights."

Bill Mears of CNN.com reports that "Supreme Court to address limits of gun control."

The Oklahoman reports that "High court faces guns decision; Justices haven't yet ruled on applying second Amendment to states; arguments start Tuesday."

The Associated Press reports that "Chicagoans hope stories will help overturn gun ban."

Tuesday's edition of The Wall Street Journal will contain an editorial entitled "Guns and the States: The Supreme Court takes up another Second Amendment case."

And Tuesday's edition of The Washington Times will contain an editorial entitled "Learning from the D.C. handgun ban: Getting rid of gun bans leads to less crime."
Posted at 08:40 PM by Howard Bashman



"DC gay marriage opponents appeal to high court": The Associated Press has this report.
Posted at 08:23 PM by Howard Bashman


Access online the transcript of today's U.S. Supreme Court oral argument in Skilling v. United States, No. 08-1394: The Court has posted the transcript at this link.
Posted at 06:00 PM by Howard Bashman


U.S. Supreme Court refuses request for same-day audio release in tomorrow's Second Amendment case: Lyle Denniston has this post at "SCOTUSblog."
Posted at 05:42 PM by Howard Bashman


"Justices worried about fair trial for Skilling": Mary Flood of The Houston Chronicle has this news update.

Mark Sherman of The Associated Press reports that "High court hears ex-Enron CEO Skilling's appeal."

Greg Stohr of Bloomberg News reports that "Skilling's New Trial Bid May Divide Top U.S. Court."

Brent Kendall of Dow Jones Newswires reports that "Enron's Skilling Receives Mixed Reception At US Supreme Court."

And at "SCOTUSblog," Lyle Denniston has a post titled "Problems with Enron jury."
Posted at 03:48 PM by Howard Bashman



"Court weighs if silence alone can invoke Miranda": The Associated Press has a report that begins, "The Supreme Court appears ready to tell suspects that if they want the right to remain silent, they have to say so."
Posted at 12:17 PM by Howard Bashman


"California Attorneys Weigh In on Guns": Today in The Daily Journal of California, Lawrence Hurley has an article that begins, "Reflecting strong California interest in a major gun rights case before the U.S. Supreme Court, lawyers from the state have been heavily involved on both sides as this week's oral argument approaches."
Posted at 12:15 PM by Howard Bashman


"Supreme Court Won't Hear Case of Uighur Detainees": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Court dismisses appeal of Uighurs detained at Guantanamo Bay."

And David G. Savage of The Los Angeles Times reports that "Supreme Court dismisses Uighurs' appeal in Guantanamo detention case."
Posted at 12:07 PM by Howard Bashman



"Five Ways to Write Like John Roberts": Ross Guberman has posted this article online.
Posted at 12:03 PM by Howard Bashman


Upper Deck memorabilia cards, on appeal in the Federal Circuit: A divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued this decision today.
Posted at 11:17 AM by Howard Bashman


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

The Court today granted review in one case. The Court also issued a per curiam opinion in Kiyemba v. Obama, No. 08-1234.

At "SCOTUSblog," Lyle Denniston has a post titled "Kiyemba back to lower court."

Four Justices dissented from the Court's decision to issue a GVR in Machado v. Holder, No. 08-7721. The Chief Justice wrote a dissent from that order, and Justices Antonin Scalia, Clarence Thomas, and Samuel A. Alito, Jr. joined in that dissent.

And Justice John Paul Stevens wrote a short dissent from the Court's decision to issue a GVR in Florida v. Rigterink, No. 08-1229.

In early news coverage, The Associated Press has reports headlined "Court dismisses Uighurs' appeal in detention case"; "Court orders new look at Fla. murder case"; "Supreme Court declines new 10 Commandments fight"; "Court won't hear Hustler's appeal"; "High court turns down Harbison appeal in Tenn."; and "Court turns down energy company over Okla. taxes."
Posted at 10:05 AM by Howard Bashman



"Podcast: Former clerk on Clarence Thomas; David Stras discusses the Justice and his experience clerking for him." This post appears at "SCOTUSblog."
Posted at 09:58 AM by Howard Bashman


Recently on C-SPAN's "America & the Court" program: This past Saturday's broadcast was titled "Appellate Court Rehears Wardrobe Malfunction Case."

The broadcast from two weeks ago was titled "The Supreme Court & Popular Opinion" featuring, among others, Lyle Denniston of "SCOTUSblog."

And the broadcast from three weeks ago was titled "Women Lawyers & the Supreme Court" featuring retired Justice Sandra Day O'Connor, Solicitor General Elena Kagan, and attorney Maureen Mahoney.
Posted at 08:00 AM by Howard Bashman



"Historical case has UT in spotlight": The Daily Texan today contains an article that begins, "When 33-year-old Heman Marion Sweatt, a black man, was denied admission to UT's all-white law school by then-UT president T.S. Painter in 1946, Sweatt sued, shaking the University's rigid hold on segregation and shocking a state still desperately clinging to the 'separate but equal' system. Sixty years ago in June, the Sweatt v. Painter case reached the U.S. Supreme Court, where the court ruled unanimously in favor of Sweatt."

You can access the U.S. Supreme Court's ruling in the case via this link.
Posted at 07:54 AM by Howard Bashman



"Appeals keep executions a long way off": In today's edition of The Lawrence Journal-World, Scott Rothschild has an article that begins, "Kansas legislators recently completed an exhaustive review of the death penalty that resulted in a 20-20 vote in the Senate that left capital punishment on the books. But an actual execution in Kansas of someone on Death Row won't happen for years, if ever."
Posted at 07:50 AM by Howard Bashman


"If the Lawyer Fails": This editorial, about a case being argued today in the U.S. Supreme Court, appears today in The New York Times.
Posted at 07:48 AM by Howard Bashman


"Rulings Restrict Clean Water Act, Foiling E.P.A." Today's edition of The New York Times contains a front page article that begins, "Thousands of the nation's largest water polluters are outside the Clean Water Act's reach because the Supreme Court has left uncertain which waterways are protected by that law, according to interviews with regulators."
Posted at 07:44 AM by Howard Bashman


"Mack appeal of gulty plea to be heard by high court": Today in The Reno Gazette-Journal, Martha Bellisle has an article that begins, "While former pawnshop owner Darren Mack sits in a cell at the Ely State Prison for killing his estranged wife and shooting their divorce judge in 2006, his lawyers plan to tell the Nevada Supreme Court today that his guilty plea should be thrown out."

As I noted in this post from Saturday night, Nevada's highest court last week issued a ruling in a civil case arising from the same killing.
Posted at 07:40 AM by Howard Bashman



"A Bill of Rights battle: A Chicago case is about more than gun control; it's about freedoms that all Americans enjoy." This editorial appears today in The Los Angeles Times.
Posted at 07:34 AM by Howard Bashman


"Did Skilling get a fair shake here? Ex-Enron CEO's appeal to high court today: wrong charges, in the wrong town." Mary Flood has this article today in The Houston Chronicle.

And Ariane de Vogue of ABC News reports that "Former Enron CEO Asks Supreme Court for New Trial; Jeffrey Skilling's Lawyers Call Conviction 'Soaked with Hostility,' Unconstitutional."
Posted at 07:32 AM by Howard Bashman







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