How Appealing

Monday, May 31, 2010

"Castille, others fight to upgrade a hero's medal": This front page article appears today in The Philadelphia Inquirer. Ronald D. Castille is Chief Justice on the Supreme Court of Pennsylvania.
Posted at 01:22 PM by Howard Bashman


"Business to defend court funds ruling; Congress mulls curb with a bill": Today's edition of The Washington Times contains an article that begins, "The head of the nation's biggest business lobby says lawmakers who try to roll back the Supreme Court's pro-business campaign finance ruling are in for a fight."
Posted at 01:20 PM by Howard Bashman


"High Court: Justices to consider 'funeral protests' in free-speech case." Robert Barnes has this article today in The Washington Post.

And ABCNews.com reports that "States Line Up Against Funeral Hecklers in Supreme Court Brief; Fred Phelps' Westboro Baptist Church Picketed Iraq Marine's Funeral; Court Must Decide if Protest Was Free Speech."
Posted at 01:18 PM by Howard Bashman



Sunday, May 30, 2010

"Senators Target Supreme Court's 'Exxon' Ruling in Effort to Make Oil Companies Pay for Spills": Marcia Coyle of The National Law Journal has this report.
Posted at 02:35 PM by Howard Bashman


"A Messy Loss For Climate Lawsuit Plaintiffs": At the "On the Docket" blog at Forbes.com, Daniel Fisher has a post that begins, "The Fifth Circuit Court of Appeals has decided, in a convoluted and dissent-provoking way, not to decide a politically charged global-warming lawsuit against ExxonMobil, BP, AES, Dow Chemical and most of the rest of the American industrial establishment."

My most recent earlier coverage appears in this post.
Posted at 02:30 PM by Howard Bashman



"Souter defends judicial activism; Says perspectives change with time": This article appeared Friday in The Boston Globe.

Friday's edition of The Harvard Crimson reported that "Souter Presents Judicial Philosophy in Commencement Speech."

And the Harvard Gazette has posted online an article headlined "Plain language, complex meanings: In Commencement address, retired Justice Souter says Constitution can be a conflicting document."

You can access the prepared text of Justice David H. Souter's commencement address at this link.
Posted at 02:20 PM by Howard Bashman



"Supreme Court justice by appointment, big sister for life": Friday's edition of The Post-Standard of Syracuse, New York contained an article that begins, "Dr. Juan Sotomayor never allowed himself to believe. Sure, big-time journalists across the nation were predicting that his older sister, Sonia Sotomayor, might become a justice on the U.S. Supreme Court. The possibility was so magnificent, so celestial, that Juan feared the crushing disappointment if it didn't happen."
Posted at 02:11 PM by Howard Bashman


"From Carswell to Kagan: Learning the hard way to vet court nominees; Be rigorous with background checks -- and don't forget the 'sex, drugs and rock-and-roll' questions." David G. Savage has this article today in The Los Angeles Times.

The Chicago Tribune reports today that "U. of C. law faculty didn't back Kagan; No job offer when she sought return after Clinton duty."

And The Boston Globe contains an editorial entitled "Kagan: No, a B-minus is not a cataclysm."
Posted at 02:00 PM by Howard Bashman



"Torturing the Law: Jay Bybee models conservative judicial activism in the 9th Circuit." Doug Kendall and Elizabeth Wydra have this jurisprudence essay online at Slate.
Posted at 01:45 PM by Howard Bashman


Friday, May 28, 2010

Fifth Circuit's en banc disposition of global warming-related case can only be described as curiouser and curiouser: The Fifth Circuit, with sixteen judges now in regular active service, voted to take the case en banc based on the majority vote of the nine judges who were not recused. After the vote to take the case en banc, a judge who had participated in the en banc vote decided to recuse, leaving eight judges recused and eight judges not recused. This, in the view of at least five of the eight non-recused judges, left the en banc court without a quorum to decide the matter. As for what happened next, you can access today's order and the two dissents therefrom at this link.

My earlier coverage of this notable case can be accessed here, here, and here.

The original ruling from a three-judge Fifth Circuit panel can be accessed here, while the Fifth Circuit's order granting rehearing en banc can be accessed here.
Posted at 11:58 PM by Howard Bashman



"Kagan Would End Gender Bar as Third Female Justice": Greg Stohr of Bloomberg News has this report.
Posted at 01:44 PM by Howard Bashman


"States Enlist Ultrasound to Raise Bar for Abortions": This front page article appears today in The New York Times.
Posted at 08:10 AM by Howard Bashman


"'Pants Judge' Pearson Loses Appeal in D.C. Circuit": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."

I have posted at this link yesterday's ruling of the U.S. Court of Appeals for the D.C. Circuit.
Posted at 08:02 AM by Howard Bashman



"Expert says knife in Wone case may have been tampered with": This article appears today in The Washington Post.
Posted at 07:58 AM by Howard Bashman


Thursday, May 27, 2010

"Solicitor General Revises Data on Federal Juvenile Sentences": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 11:14 PM by Howard Bashman


"Gun rights could pose problem for Kagan; The Supreme Court nominee's stance isn't clear, but the powerful NRA sees enough to be worried": James Oliphant will have this article Friday in The Los Angeles Times.

And Friday's edition of The Washington Post will report that "Kagan, as Harvard law school dean, pursued two courses on 'don't ask' policy."
Posted at 11:10 PM by Howard Bashman



"Yakima murder conviction overturned by state Supreme Court": The Yakima Herald-Republic has a news update that begins, "The state Supreme Court released an opinion this morning overturning a 2007 Yakima County murder conviction on the grounds that holding the trial in the county's jailhouse courtroom was prejudicial."

And The Associated Press has a report headlined "Wash. court: Jail trial unfair to murder defendant."

Today's ruling of the Washington State Supreme Court consists of a majority opinion, two concurring opinions (here and here), and two dissenting opinions (here and here).
Posted at 02:43 PM by Howard Bashman



"Kagan gets boost from potential GOP allies": The Associated Press has this report.
Posted at 02:33 PM by Howard Bashman


"Justice Scalia: Kagan's lack of judicial experience no bar to Supreme Court." Robert Barnes has this article today in The Washington Post.

The Associated Press has a report headlined "Former justice: Judicial experience not an issue."

Politico.com has an article headlined "W.H. rolls out Kagan narrative" and an op-ed by Tevi Troy entitled "Don't expect much from Kagan e-mails."

And in today's edition of USA Today, Tony Mauro has an op-ed entitled "For Kagan, craftiness and candor are key to hearings."
Posted at 10:20 AM by Howard Bashman



"Judge: bloggers' conduct 'pretty sad.'" Josh Gerstein has this post at his "Under the Radar" blog at Politico.com.
Posted at 07:48 AM by Howard Bashman


The Associated Press is reporting: The Associated Press has an article headlined "Justice Souter may be retired, but he still works."

And in other news, "O'Connor, in NY, gives schools poor civics marks."
Posted at 07:34 AM by Howard Bashman



Wednesday, May 26, 2010

"The Kagan Kids: Why the younger generation doesn't care about the debate over the latest Supreme Court nominee." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:32 PM by Howard Bashman


"Bagram: a legal black hole? Prisoners held there are not allowed to seek writs of habeas corpus, a U.S. appeals court rules; It could lead to abuses." This editorial appears today in The Los Angeles Times.
Posted at 07:38 PM by Howard Bashman


"Kagan sparks little debate as hearings approach": The Associated Press has this report.
Posted at 07:28 PM by Howard Bashman


"Senators will have less background on Kagan to help make Supreme Court decision": Robert Barnes has this article today in The Washington Post.

And in today's edition of The New York Times, law professor John Yoo has an op-ed entitled "An Executive Without Much Privilege" that begins, "Presidential power has emerged as a potential topic of controversy in the nomination of Solicitor General Elena Kagan to the Supreme Court."
Posted at 02:55 PM by Howard Bashman



"Video at Wone trial shows detective pressing defendant Dylan Ward": This article appears today in The Washington Post.
Posted at 02:54 PM by Howard Bashman


"Bill Puts Scrutiny on Detainees' Lawyers": Charlie Savage has this article today in The New York Times.
Posted at 08:24 AM by Howard Bashman


"Conviction overturned on unconventional orders": Today in The San Francisco Chronicle, Bob Egelko has this article reporting on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 08:22 AM by Howard Bashman


"NFL sacked by Supreme Court": Fred Barbash has this article today at Politico.com.
Posted at 08:15 AM by Howard Bashman


"Klobuchar raps WaPo story on Kagan style": Josh Gerstein has this post at his "Under the Radar" blog at Politico.com.
Posted at 08:02 AM by Howard Bashman


Tuesday, May 25, 2010

"At Harvard, Kagan Aimed Sights Higher": This article will appear Wednesday in The New York Times.
Posted at 10:30 PM by Howard Bashman


"As Marshall clerk, Kagan was wary of conservatives": Mark Sherman and Jessica Gresko of The Associated Press have this report.
Posted at 04:33 PM by Howard Bashman


"Would-be Chicago firefighters ponder court ruling": The Associated Press has this report.
Posted at 03:11 PM by Howard Bashman


"This case concerns the crime of neonaticide, which is the killing of a newborn child on the first day of life. This crime is practically unknown in the federal courts." So begins a dissenting opinion that Senior Eighth Circuit Judge Myron H. Bright issued today. The offense was prosecuted as a federal crime because it occurred on an Indian Reservation.
Posted at 02:57 PM by Howard Bashman


"Judiciary chairman defends Kagan against GOP fire": The Associated Press has this report.
Posted at 11:38 AM by Howard Bashman


"U.S. Supreme Court to weigh Arizona's tax credit law": The Arizona Republic contains this article today.

And in today's edition of The Arizona Daily Star, Howard Fischer reports that "Private-school money to get high-court look."
Posted at 08:54 AM by Howard Bashman



"D.C. police filmed statement by defendant charged in coverup of lawyer's killing": This article appears today in The Washington Post.

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "No Sign of Burglary, Officer Testifies in Wone Case."
Posted at 08:50 AM by Howard Bashman



"Supreme Court rules against NFL in antitrust case; The 9-0 ruling declares the teams are individual businesses and not a 'single entity' and leaves owners open to be sued if they conspire to restrict competition in the sale of merchandise": David G. Savage has this article today in The Los Angeles Times.

In today's edition of USA Today, Joan Biskupic has an article headlined "Court denies NFL antitrust exemption; Justices: Teams are separate enterprises."

The New York Times reports that "N.F.L. Fails in Its Request for Antitrust Immunity."

The Wall Street Journal reports that "Court Makes NFL Play Defense; Justices' 9-0 Ruling Says League Isn't Entitled to a Blanket Antitrust Exemption."

Warren Richey of The Christian Science Monitor reports that "Supreme Court rules against NFL in merchandising antitrust case; The Supreme Court on Monday ruled unanimously that the NFL is not a single entity, but 32 different franchises, reversing an appeals court decision."

Tony Mauro of The National Law Journal reports that "High Court Broadsides NFL in Antitrust Case; The National Football League 'snatched defeat from the jaws of victory,' according to one antitrust expert."

From NPR, yesterday evening's broadcast of "All Things Considered" contained an audio segment entitled "Supreme Court Rules Against NFL In Antitrust Case" featuring Nina Totenberg. And today's broadcast of "Morning Edition" contained an audio segment entitled "High Court Rules Against NFL In Antitrust Case."

And at "SCOTUSblog," Lyle Denniston has a post titled "No antitrust 'Trojan horse.'"
Posted at 08:47 AM by Howard Bashman



"High Court Smooths Path to Plaintiff Fees in Disability Cases": Marcia Coyle of The National Law Journal has this report.
Posted at 08:34 AM by Howard Bashman


"A B-Minus? The Shock! The Horror!" Today's edition of The New York Times contains an article that begins, "She went on to be the dean of Harvard Law School, the solicitor general of the United States, and now a nominee to the Supreme Court. But in the fall of 1983, Elena Kagan was just another first-year law student at Harvard." The newspaper has posted the nominee's law school report card at this link.

And today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "White House Takes Over Court Nominee's Prep."
Posted at 08:29 AM by Howard Bashman



"U.S. Supreme Court won't hear jailed L.A. lawyer's contempt of court case; Richard Fine, 70, has been in solitary confinement since March 2009, taking his case all the way to the top court; He says he will continue to fight": This article appears today in The Los Angeles Times.
Posted at 08:20 AM by Howard Bashman


"Black Firefighters' Claim Was Timely, Justices Say": Adam Liptak has this article today in The New York Times.

In today's edition of The Washington Post, Robert Barnes reports that "Justices say employers may not use discriminatory testing practices."

David G. Savage of The Los Angeles Times reports that "Supreme Court backs black applicants in firefighter discrimination suit; Chicago could be liable for as much as $100 million in damages in the case in which minority candidates passed a fire department exam but were not hired."

The Chicago Tribune reports that "Supreme Court rules in favor of blacks for Chicago firefighter jobs; Applicants did not wait too long to sue the city over a 1995 hiring test that they deemed discriminatory, court finds."

The Chicago Sun-Times contains articles headlined "Supreme Court ruling could force Chicago to hire bypassed black firefighter candidates" and "Man gets second chance to try to fulfill firefighter dream."

Warren Richey of The Christian Science Monitor reports that "Supreme Court rules for African-Americans in firefighter hiring case; Some 6,000 African-American applicants for jobs with the Chicago Fire Department can proceed with a discrimination lawsuit over the firefighter hiring test, the Supreme Court ruled Monday."

And Marcia Coyle of The National Law Journal reports that "Supreme Court Says Bias Case Over Firefighter Hiring Can Move Forward."
Posted at 08:16 AM by Howard Bashman



Monday, May 24, 2010

"GOP senator: Kagan hearings being pushed too soon." The Associated Press has this report.
Posted at 03:06 PM by Howard Bashman


"High Court to Weigh Arizona Tuition Tax Credits": Mark Walsh has this post at the "School Law" blog of Education Week.

And at "The Volokh Conspiracy," Eugene Volokh has a post titled "Big New Establishment Clause Case, on Religious Groups' Participating in Evenhanded Government Funding Programs."
Posted at 01:54 PM by Howard Bashman



"Bagram ruling no blank check for Obama": Josh Gerstein has this post at his "Under the Radar" blog at Politico.com.
Posted at 01:42 PM by Howard Bashman


"The Big Ban Theory: Does Elena Kagan want to ban books? No, and she might even be a free-speech zealot." Law professor Richard L. Hasen -- author of the "Election Law Blog" has this jurisprudence essay online at Slate.
Posted at 01:40 PM by Howard Bashman


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

1. Justice Stephen G. Breyer delivered the opinion of the Court in United States v. Marcus, No. 08-1341. Justice John Paul Stevens filed a dissenting opinion. Justice Sonia Sotomayor did not take part in the ruling. You can access the ruling at this link and the oral argument transcript at this link.

2. Justice Clarence Thomas delivered the opinion of the Court in Hardt v. Reliance Standard Life Ins. Co., No. 09-448. Justice Stevens joined the opinion of the Court in part and issued an opinion concurring in part and concurring in the judgment. You can access the ruling at this link and the oral argument transcript at this link.

3. Justice Anthony M. Kennedy delivered the opinion of the Court in United States v. O'Brien, No. 08-1569. Justice Stevens filed a concurring opinion. And Justice Thomas filed an opinion concurring in the judgment. You can access the ruling at this link and the oral argument transcript at this link.

4. Justice Antonin Scalia delivered the opinion for a unanimous Court in Lewis v. Chicago, No. 08-974. You can access the ruling at this link and the oral argument transcript at this link.

5. Justice Stevens delivered the opinion for a unanimous Court in American Needle, Inc. v. National Football League, No. 08-661. You can access the ruling at this link and the oral argument transcript at this link.

6. Finally, the Court dismissed the writ of certiorari as improvidently granted in Robertson v. United States ex rel. Watson, No. 08-6261. The Chief Justice issued a dissenting opinion, in which Justices Scalia, Kennedy, and Sotomayor joined. Justice Sotomayor also issued a dissenting opinion. You can access the order at this link and the oral argument transcript at this link.

The Court today also vacated and remanded without oral argument in Jefferson v. Upton, No. 09-8852. Justice Scalia issued a dissenting opinion in which Justice Thomas joined. You can access the per curiam ruling at this link.

You can access today's Order List at this link. The Court today granted review in five cases and called for the views of the Solicitor General in two cases.

At "SCOTUSblog," Lyle Denniston has a post titled "NFL may face legal penalty; No total antitrust immunity."

In early news coverage, The Associated Press has reports headlined "Court: NFL is 32 teams, not single business"; "Court says black firefighter lawsuit can proceed"; "Court reinstates sex trafficking conviction"; "High court to hear Arizona school case"; "Supreme Court to review Texan's death row case"; and "High court rejects Microsoft patent appeal."
Posted at 10:06 AM by Howard Bashman



"Wearing his heart on his skin, tattoo parlor owner seeks 1st Amendment protection; Banned from opening a store in Hermosa Beach, he goes to federal court to get some respect for his art": This article appears today in The Los Angeles Times.
Posted at 08:30 AM by Howard Bashman


"Lawmakers divided on 'don't ask, don't tell' as votes near": The Washington Post contains this article today.
Posted at 08:25 AM by Howard Bashman


"Knife looms large in Robert Wone trial": This article appears today in The Washington Post.
Posted at 08:24 AM by Howard Bashman


Sunday, May 23, 2010

"Elena Kagan goes on Supreme Court confirmation offensive in drab D.C. clothes": Robin Givhan has this article today in The Washington Post.
Posted at 08:44 PM by Howard Bashman


"Elena Kagan's writings suggest judge's proper role": Mark Sherman of The Associated Press has this report.
Posted at 08:14 PM by Howard Bashman


"Take Justice Off the Ballot": Retired Justice Sandra Day O'Connor has this op-ed today in The New York Times.
Posted at 12:58 PM by Howard Bashman


Saturday, May 22, 2010

"Detainees Barred From Access to U.S. Courts": Charlie Savage has this front page article today in The New York Times.

In today's edition of The Los Angeles Times, David G. Savage and Christi Parsons have an article headlined "Court: No habeas rights for prisoners in Afghanistan; Obama wins what Bush sought: the right to hold suspects without judicial oversight at the Bagram air base."

Michael Doyle of McClatchy Newspapers has an article headlined "Court: Bagram prisoners don't have Guantanamo habeas rights."

Warren Richey of The Christian Science Monitor reports that "Detainees held by US in Afghanistan can't contest custody, court finds; Friday's ruling is a victory for the US government, which seeks to hold enemy combatants indefinitely at Afghanistan's Bagram Air Base; Detainees' lawyers had argued for judicial oversight."

Evan Perez of The Wall Street Journal reports that "Court Rules Against Detainees at Bagram."

And at "The BLT: The Blog of Legal Times," Marcia Coyle has a post titled "Bagram Detainees Have No Habeas Rights."
Posted at 10:40 AM by Howard Bashman



"Medical Examiner Testifies About Knife in Wone Case": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."
Posted at 10:32 AM by Howard Bashman


"Kagan's Writings Back Wider Executive Powers": Charlie Savage has this article today in The New York Times.

In today's edition of The Boston Globe, columnist Renee Loth has an op-ed entitled "Kagan and the power elite."

And yesterday's edition of The Washington Post contained an op-ed by Robert Merrill entitled "A veteran's Harvard ally: Elena Kagan" and an op-ed by David N. Bossie entitled "Elena Kagan: Hostile to free speech?"
Posted at 10:20 AM by Howard Bashman



"Defiant Judge Takes On Child Pornography Law": Today's edition of The New York Times contains a front page article by A.G. Sulzberger that begins, "In his 43-year career as a federal judge, Jack B. Weinstein has come to be identified by his efforts to combat what he calls 'the unnecessary cruelty of the law.' His most recent crusade is particularly striking because of the beneficiary: a man who has amassed a vast collection of child pornography."
Posted at 10:00 AM by Howard Bashman


Friday, May 21, 2010

"Appeals court rules against Bagram detainees": Pete Yost of The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "No habeas rights at Bagram; Limit on detainees' challenges."

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



"A Supreme Difference": In the June 10, 2010 issue of The New York Review of Books, Anthony Lewis has this review of the books "American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia" by Joan Biskupic and "John Paul Stevens: An Independent Life" by Bill Barnhart and Gene Schlickman.
Posted at 08:52 AM by Howard Bashman


"Trove or Trouble? 168,000 Pages of Kagan." Laura Meckler has this post at WSJ.com's "Washington Wire" blog.
Posted at 08:47 AM by Howard Bashman


"Senator Specter and the Law": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 08:45 AM by Howard Bashman


"Mojave Cross replica is removed after mysteriously appearing overnight": The Press-Enterprise of Riverside, California contains this article today.

The San Bernardino Sun reports today that "Mojave cross mysteriously replaced."

The Desert Dispatch of Barstow, California reports that "New cross appears at Mojave Preserve -- but is then removed."

The Washington Times reports that "Park cross replaced in memorial mystery."

And The Associated Press reports that "Replica cross in Mojave Desert comes down."
Posted at 08:33 AM by Howard Bashman



"Health care law's enemies have no ally in Constitution": Law professor Charles Fried has this op-ed today in The Boston Globe.
Posted at 07:46 AM by Howard Bashman


"Lawyer plays dual role in court deal; Chief justice said he did not know adviser was also a developer in $200 million project": This front page article appears today in The Philadelphia Inquirer.
Posted at 07:28 AM by Howard Bashman


Thursday, May 20, 2010

"Infomercial pitchman spared 30 days in prison": The Chicago Tribune has this news update.

The Associated Press reports that "Court spares infomercial pitchman from jail."

And Reuters has a report headlined "No jail, contempt for TV pitchman Trudeau."

You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 10:28 PM by Howard Bashman



"Kagan known for openness, assertiveness at Harvard": The Associated Press has this report, along with an article headlined "Scalia says he, Breyer and Kagan are friends."
Posted at 10:24 PM by Howard Bashman


"Shaping of Judiciary Key Part of Specter's Legacy; Specter is credited with helping to pioneer a merit selection panel system for Pennsylvania-based judges that has gone on to be emulated in many other states": Shannon P. Duffy has this article today in The Legal Intelligencer.
Posted at 08:40 PM by Howard Bashman


"President Obama Names Susan L. Carney to U.S. Court of Appeals for the Second Circuit": The White House issued this news release today.

The Associated Press reports that "Obama nominates Yale's Carney to federal court."

And at "The BLT: The Blog of Legal Times," David Ingram has a post titled "Yale Lawyer Picked for 2nd Circuit."
Posted at 08:37 PM by Howard Bashman



"Kagan Critiqued Bush v. Gore Case": Nathan Koppel has this article today in The Wall Street Journal.

The Los Angeles Times reports today that "Senate panel asks Clinton library to turn over documents on Elena Kagan; The Judiciary Committee asks for letters, memos, e-mails and more, before hearings on the Supreme Court nominee begin June 28; A library official says meeting the deadline would be 'very difficult.'"

David Ingram of The National Law Journal reports that "Kagan Had Strong Financial Year in 2009."

And online at Slate, Dahlia Lithwick has a jurisprudence essay entitled "But Enough About Me: What Do You Think of Me? Can we please stop talking about Supreme Court nominees like they are real people?"
Posted at 08:12 AM by Howard Bashman



"Appeals court rejects NFL ticket-holder's suit": This article appears today in The Philadelphia Inquirer.

And Shannon P. Duffy of The Legal Intelligencer reports that "3rd Circuit Spikes Football Fans' Signal Videotaping Suit."
Posted at 07:05 AM by Howard Bashman



Wednesday, May 19, 2010

"U.S. appeals court rules against Jets season-ticket holder in SpyGate lawsuit": The New York Daily News has this update.

Reuters reports that "Football fan loses Patriots 'Spygate' lawsuit; Jets fan had sought $184.8 million damages."

And The Associated Press reports that "US court tosses fan lawsuit over Patriots' filming."

You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 07:48 PM by Howard Bashman



"Speeches and writings show fuller picture of Kagan": The Associated Press has this report.
Posted at 06:02 PM by Howard Bashman


"At least 6 Duval inmates qualify for resentencing under Supreme Court ruling; Monday's ruling banned life without parole for juveniles in non-homicides": This article appears today in The Florida Times-Union of Jacksonville.

And CNN.com reports that "Battle for a second chance leads to a landmark ruling."
Posted at 02:25 PM by Howard Bashman



Sixth Circuit considers round two of Victoria's Secret versus Victor's Little Secret: You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.

After the Sixth Circuit had previously decided this case, the U.S. Supreme Court reversed the Sixth Circuit's ruling, and then Congress enacted legislation intended to overturn the U.S. Supreme Court's decision.

Update: In early news coverage, The Associated Press has a report headlined "Appeals court says no secrets for Ky. store."
Posted at 11:56 AM by Howard Bashman



"Judiciary Chairman: Kagan hearings start in June." The Associated Press has this report.
Posted at 10:50 AM by Howard Bashman


"Thesis Is Window on Roots of Kagan's Legal Creed": This article appears today in The New York Times. And this Sunday's issue of The New York Times Magazine will contain an essay by Lisa Belkin entitled "Judging Women."

In today's edition of The Los Angeles Times, David G. Savage has an article headlined "Kagan reports assets of $1.76 million, no debts; The Supreme Court nominee submits a financial statement and two decades of writings to the Senate Judiciary Committee; Chairman Patrick J. Leahy says her confirmation hearing will be scheduled soon."

Nathan Koppel and Jess Bravin of The Wall Street Journal report that "Kagan Criticized the Warren Court in Thesis."

Amy Goldstein and Robert Barnes of The Washington Post report that "Kagan releases cartons of documents to Senate Judiciary Committee."

David Ingram of The National Law Journal reports that "Kagan Discloses She Met With Skadden Lawyers Before Nomination; The White House made use of outside legal advice during the nomination of Justice Sonia Sotomayor, too."

At Politico.com, Josh Gerstein reports that "Elena Kagan's thesis hints at her views."

The Associated Press reports that "White House touts nominee, releases Kagan papers."

At his "Washington Briefs" blog, Lawrence Hurley of The Daily Journal of California has a post titled "Kagan Really Does Think The Public Company Accounting Oversight Board Is Constitutional."

And online at Slate, Christopher Beam has an essay entitled "Youthful Indiscretions: Don't judge Elena Kagan by her college thesis."
Posted at 08:57 AM by Howard Bashman



"Scandal Stirs Legal Questions in Anti-Gay Cases": John Schwartz has this article today in The New York Times.
Posted at 08:30 AM by Howard Bashman


"Slow learners at the 9th Circuit": Columnist George F. Will has this op-ed today in The Washington Post.
Posted at 08:22 AM by Howard Bashman


"Detention Slip: The Obama administration wants to hold terrorists; Did SCOTUS just give them a green light?" Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:06 AM by Howard Bashman


"At conspiracy trial in Robert Wone killing, 911 call is played": This article appears today in The Washington Post.

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "On Stand, Wone's Wife Recalls Night of Stabbing."
Posted at 07:35 AM by Howard Bashman



Tuesday, May 18, 2010

Programming note: I am in Harrisburg, Pennsylvania today to present oral argument in an appeal that I mentioned in this post from last night. Because the case is 21st on the oral argument list, I do not expect to be back home until late in the day.

Then, weather permitting, I'll be at Citizens Bank Park this evening to watch Roy Halladay pitch for the Philadelphia Phillies against the Pittsburgh Pirates. I'll be attending the game with an appellate friend. And it's Roy Halladay bobblehead doll night -- zoo not included!

As a result, additional posts may not appear here until Wednesday.
Posted at 07:18 AM by Howard Bashman



"In Academia, Kagan Wrote Far Less Than Peers; Nominee's small body of scholarship comes under scrutiny for lacking personal opinion": Marcia Coyle of The National Law Journal has this report.
Posted at 07:10 AM by Howard Bashman


Monday, May 17, 2010

"Extended Civil Commitment of Sex Offenders Is Upheld": Adam Liptak will have this article Tuesday in The New York Times.

And Warren Richey of The Christian Science Monitor reports that "Supreme Court upholds federal sex offender law; The US Supreme Court on Monday ruled that Congress did not overstep its authority by passing a law that allows 'sexually dangerous' offenders to be detained past their prison terms."
Posted at 09:20 PM by Howard Bashman



"Justices Limit Life Sentences for Juveniles": Adam Liptak will have this article Tuesday in The New York Times.

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court restricts life sentences without parole for juveniles; In a 6-3 decision, the court strikes down laws in 37 states, including California, that allow life terms with no chance for parole for a crime that does not involve murder."

Robert Barnes of The Washington Post has a news update headlined "Supreme Court rules out some life sentences for juveniles."

Michael Doyle of McClatchy Newspapers has an article headlined "Supreme Court: Juveniles can't serve life terms for lesser crimes."

And Warren Richey of The Christian Science Monitor reports that "Supreme Court puts limits on life sentences for juveniles; Juveniles who commit crimes that aren't fatal to their victims cannot receive life sentences without possibility of parole, the Supreme Court ruled 6-to-3 on Monday."
Posted at 09:18 PM by Howard Bashman



"Questions Elena Kagan has already answered: Supreme Court nominee Elena Kagan lacks a paper trail; But her Senate confirmation hearing last year for solicitor general offers a preview of what's to come." Warren Richey of The Christian Science Monitor has this article today.
Posted at 09:12 PM by Howard Bashman


Greetings from Harrisburg, Pennsylvania: Where tomorrow I will argue an appeal before a three-judge panel of the Superior Court of Pennsylvania in a case in which I filed this Brief for Appellees last December. The Legal Intelligencer, Philadelphia's daily newspaper for lawyers, reported on the case in an article published last June.
Posted at 09:00 PM by Howard Bashman


"Prosecutor: Wone Defendants 'Misdirected and Misguided' Murder Investigation." This post appears at "The BLT: The Blog of Legal Times," along with a post titled "Defense Lawyers Argue Wone Case Built on Innuendo."
Posted at 08:52 PM by Howard Bashman


"Kagan wins case on imprisonment of sex offenders": The AP has this report.
Posted at 05:00 PM by Howard Bashman


"Kagan campaigns for Supreme Court job": The Associated Press has this report. And in related news, "National Archive works to review more Kagan papers."
Posted at 02:58 PM by Howard Bashman


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

1. Justice Anthony M. Kennedy delivered the opinion of the Court in Abbott v. Abbott, No. 08-645. Justice John Paul Stevens issued a dissenting opinion, in which Justices Clarence Thomas and Stephen G. Breyer joined. You can access the ruling at this link and the oral argument transcript at this link.

2. Justice Kennedy also delivered the opinion of the Court in Graham v. Florida, No. 08-7412. The Chief Justice issued an opinion concurring in the judgment. Justice Thomas filed a dissenting opinion in which Justice Antonin Scalia joined and in which Justice Samuel A. Alito, Jr. joined in part. Justice Alito also filed a dissenting opinion. You can access the ruling at this link and the oral argument transcript at this link. The Court today also dismissed as improvidently granted the writ of certiorari issued in the related case of Sullivan v. Florida, No. 08-7621.

3. And Justice Breyer delivered the opinion of the Court in United States v. Comstock, No. 08-1224. Justices Kennedy and Alito filed opinions concurring in the judgment. And Justice Thomas filed a dissenting opinion in which Justice Scalia joined in large measure. You can access the ruling at this link and the oral argument transcript at this link.

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

In early news coverage, The Associated Press has articles headlined "High court rules out life sentences for juveniles"; "Court: Sexually dangerous can be kept in prison"; "Justices: Child should have stayed in Chile"; and "Supreme Court rejects appeal of 'must-carry' rule."

And at "SCOTUSblog," Lyle Denniston has a post titled "No review of 'must carry' rule."
Posted at 10:38 AM by Howard Bashman



"Kagan's skills well-suited to hearings; But high court nominee must take her game up a notch for confirmation's political forum": Joan Biskupic has this article today in USA Today. And in commentary, Stephen Prothero has an op-ed entitled "Faith on the court matters: A Catholic-Jewish panel is better than an all-Protestant one, but the Supreme Court has yet to reflect this country's diversity."

The New York Post reports today that "9/11 families blast Kagan."

Yesterday's edition of The Boston Globe reported that "Personal ties bind Obama, Kagan; President joins ranks of picking friend for court." The newspaper also contained an op-ed by columnist Joan Vennochi entitled "The effort to 'out' Kagan" and an op-ed by columnist Joanna Weiss entitled "Kagan as a beacon for gays."

The Associated Press has an article headlined "Should we ask if Supreme Court nominee is gay?"

The Des Moines Register reports that "Grassley vote will signal his approach to court picks."

At Politico.com, Mike Allen reports that "White House to release Kagan theses."

In The Toronto Globe and Mail, Gil Troy has an op-ed entitled "A careerist conundrum of Supreme proportions: Did Elena Kagan somehow lose her voice and soul while climbing her way to the top?"

In The Los Angeles Times, columnist Gregory Rodriguez has an op-ed entitled "Kagan and the triumph of WASP culture: Her confirmation wouldn't undermine WASP culture; it would be a powerful example of its reach."

And in The Wall Street Journal, columnist L. Gordon Crovitz has an op-ed entitled "To Be Borked or Not to Be Borked: Kagan misses the real cause of empty confirmation hearings." You can freely access the full text of the op-ed via Google News.
Posted at 07:58 AM by Howard Bashman



"Sotomayor tells graduates to cherish kin; Supreme Court justice speaks at St. Lawrence University": The Associated Press has this report.
Posted at 07:45 AM by Howard Bashman


"Web site grows out of fascination with Robert Wone killing": The Washington Post contains this article today.
Posted at 07:35 AM by Howard Bashman


"Washington's New Gun Rules Shift Constitutional Debate": This article appears today in The Wall Street Journal. You can freely access the full text of the article via Google News.
Posted at 07:32 AM by Howard Bashman


"Activism v. Restraint: What Obama can learn from F.D.R." Jeffrey Toobin has this essay in the May 24, 2010 issue of The New Yorker.
Posted at 07:10 AM by Howard Bashman


Sunday, May 16, 2010

"Kagan Backed Broad Interpretation of 14th Amendment": Jess Bravin will have this article Monday in The Wall Street Journal. And Evan Perez will have an article headlined "Senator Doesn't See Bid to Block Kagan." You can freely access the full text of this article via Google News.

The Christian Science Monitor has an article headlined "Supreme Court nominee Elena Kagan: Will her own words bite her? Republicans are already throwing the words of Elena Kagan back at her; She once called Supreme Court nominee hearings 'vapid'; GOP senators are challenging her to open up."

The Associated Press has articles headlined "Kagan unlikely to see GOP filibuster on nomination" and "Laura Bush says Kagan nomination is 'great.'"

Reuters reports that "Top Republican sees bumpy Kagan court confirmation; Republican senator says 'this is going to be a big deal.'"

At Politico.com, Josh Gerstein reports that "Civil rights vets uneasy with Kagan."

And The New York Jewish Week has an article headlined "A Pioneer At Age 12: Elena Kagan was Lincoln Square's first bat mitzvah."
Posted at 10:26 PM by Howard Bashman



"Just don't call Justice Anthony Kennedy the swing vote": Yesterday's edition of The Palm Beach Post contained this article.

The Palm Beach Daily News reported yesterday that "Justice Anthony Kennedy brings legal levity to Forum Club talk at Kravis."

And law.com reports that "Justice Kennedy Questions Grilling of Supreme Court Nominees."
Posted at 08:33 PM by Howard Bashman



"The Sotomayors, justice and doctor, tour Upstate University Hospital with friend": This article appeared yesterday in The Post-Standard of Syracuse, New York.
Posted at 08:27 PM by Howard Bashman


"N.J. Governor Rebuffs Former Justices' Request That He Rethink Ouster of High Court Judge": law.com has this report.

And Friday's edition of The Newark Star-Ledger contained an article headlined "Retired N.J. Supreme Court justices ask Gov. Chris Christie to reconsider reappointing Justice Wallace."
Posted at 09:23 AM by Howard Bashman



Saturday, May 15, 2010

"Review set for 160,000 pages on Kagan": Josh Gerstein has this post at his "Under the Radar" blog at Politico.com.

The Harvard Crimson has an article headlined "Elena Kagan's Management Style Amped Up Pressure at Harvard Law School; In creating a culture of high expectations, Kagan placed strain on working relationships, some HLS staffers say."

And the May 21, 2010 issue of The Forward contains an article headlined "Kagan's 'Hood: Liberal, Precocious, Very Jewish; Unlike Others, Her Family Didn't Decamp to a Fancier Address."
Posted at 11:36 PM by Howard Bashman



"Kagan's abortion stance has both sides guessing; The Supreme Court nominee sounded like a staunch liberal in a 1980 essay, but pushed for compromise on a 1997 ban on late-term abortions": Christi Parsons and James Oliphant will have this article Sunday in The Los Angeles Times.

In Sunday's edition of The New York Times, Adam Liptak will have articles headlined "On Speech, Kagan Leaned Toward Conservatives" and "No Vote-Trading Here." Tomorrow's newspaper will also contain an article headlined "Then Comes the Marriage Question."

The Wall Street Journal reports that "NRA Criticizes Kagan on Gun Rights."

Tony Mauro of The National Law Journal reports that "Kagan's Rookie Missteps Could Fuel Claims of Inexperience; Still, her confidence as solicitor general has been apparent, despite tangles with Roberts, loss in 'Citizens United.'"

The Associated Press has reports headlined "'General Kagan' holds her own before high court" and "NAACP backs Obama's Supreme Court nominee Kagan."

And today's broadcast of NPR's "Weekend Edition Saturday" contained an audio segment entitled "A Republican Senator Weighs Kagan's Merits Again."
Posted at 08:20 PM by Howard Bashman



"Newer senators fed up with old rules that block progress; Filibusters and anonymous 'holds' are under assault, but change will be slow": The Los Angeles Times contains this article today.

The newspaper also contains an editorial entitled "A pointless procedure: A single senator's ability to block legislation or a nomination, in secret, should be abolished, or at least reformed."
Posted at 07:15 PM by Howard Bashman



"Gruesome death photos are at the forefront of an Internet privacy battle; A car crash victim's father is suing the CHP over the wide dissemination of pictures of his daughter's body": This article appears today in The Los Angeles Times.
Posted at 05:30 PM by Howard Bashman


Friday, May 14, 2010

"An elegant defense of Kagan from an unlikely source": Eva Rodriguez has this entry at the "PostPartisan" blog of The Washington Post. Miguel A. Estrada's letter urging the confirmation of Elena Kagan can be accessed here.
Posted at 03:08 PM by Howard Bashman


"Asian judge nominee shows community's progress": The AP has this report.
Posted at 02:58 PM by Howard Bashman


"Conservative friends rise in support of Kagan": Mark Sherman of The Associated Press has this report.

And in related news, "Justice questions way court nominees are grilled."
Posted at 02:55 PM by Howard Bashman



"Castagana's convictions arose from his sending threatening letters to various celebrities and political figures accompanied by a white powdery substance." The U.S. Court of Appeals for the Ninth Circuit issued this ruling today.
Posted at 01:58 PM by Howard Bashman


"Senators test Kagan questions during Matheson confirmation hearing": Today's edition of The Deseret News contains an article that begins, "The confirmation hearing of 10th Circuit Court of Appeals nominee Scott Matheson Jr. morphed Thursday into a pre-battle test of weapons that senators may use in upcoming hearings on new Supreme Court nominee Elena Kagan."

And The Salt Lake Tribune reports today that "Senate judiciary panel heaps praise on Matheson nomination; Arizona's Jon Kyl lobs the only tough questions at committee hearing."
Posted at 01:55 PM by Howard Bashman



"High Notes at the High Court": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 11:40 AM by Howard Bashman


"Tivo win vacated by appeals court; rehearing ordered; Federal Circuit vacates Tivo win in Echostar case": Reuters has this report on an order that the U.S. Court of Appeals for the Federal Circuit issued today.

Update: In other coverage, The Associated Press reports that "Appeals court grants Dish review of TiVo case."
Posted at 11:38 AM by Howard Bashman



Divided three-judge Sixth Circuit panel denies panel rehearing in Grayson County, Kentucky Ten Commandments case: You can access today's order denying rehearing, and the dissent therefrom, at this link.
Posted at 10:17 AM by Howard Bashman


"Softballs allowed in this Supreme Court debate": The Associated Press has this report.
Posted at 10:08 AM by Howard Bashman


"Kagan opposed military stance on gays; It is one of the few times the Supreme Court nominee has expressed a deeply held view on a controversial legal matter": David G. Savage and James Oliphant have this article today in The Los Angeles Times.

The New York Times reports today that "Nominee Scrutinized for Hiring on Race."

The Washington Post contains articles headlined "Kagan's firsthand White House experience is rare on Supreme Court" and "Is sexual identity our business, or are we a nation of busybodies?" In addition, columnist Ruth Marcus has an op-ed entitled "Elena Kagan: A smart woman with fewer choices?"

The Boston Globe reports that "Kagan makes rounds on Capitol Hill; Explains to Brown her position on military recruiters."

And yesterday evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Kagan On Senators' Minds As Judiciary Panel Meets."
Posted at 08:45 AM by Howard Bashman



"Nominee to federal bench in R.I. gains ground at hearing": The Providence Journal contains this article today.
Posted at 08:40 AM by Howard Bashman


"In Robert Wone case, Lynn Leibovitz is judge and jury": This article appears today in The Washington Post.
Posted at 08:32 AM by Howard Bashman


"UC Berkeley's Goodwin Liu wins panel approval": Bob Egelko has this article today in The San Francisco Chronicle.

In today's edition of The New York Times, Charlie Savage reports that "Disputed Judicial Nominee Advances on Party-Line Vote."

And The Washington Post reports that "Goodwin Liu appeals court nomination advances."
Posted at 08:25 AM by Howard Bashman



Thursday, May 13, 2010

"Pawlenty names Lorie Gildea new chief justice; Gov. Tim Pawlenty continued his reshaping of the Minnesota Supreme Court Thursday, elevating Lorie Skjerven Gildea from associate justice to chief justice; He also named David Stras, a U of M Law School professor, to the court": The Minneapolis Star Tribune has this news update.

And The Associated Press reports that "Pawlenty elevates Gildea to lead Supreme Court, names her successor."
Posted at 10:12 PM by Howard Bashman



"What Does He See in Her? What Obama's choice of Kagan tells us about his own judicial philosophy." Dahlia Lithwick has this jurisprudence essay online at Slate.

And at The Root, law professor Charles Ogletree Jr. has an essay entitled "Why Elena Kagan is a Good Choice for the Supreme Court."
Posted at 09:33 PM by Howard Bashman



"Kagan backers cite intellect, foes her slim written record": This article appears today in The Boston Globe.

And columnist Joshua Green has an op-ed entitled "Nightmare for the left: Getting 'soutered' by Kagan."
Posted at 01:44 PM by Howard Bashman



"Nomination of Goodwin Liu Heads to Full Senate": David Ingram has this post at "The BLT: The Blog of Legal Times."
Posted at 01:40 PM by Howard Bashman


"Specter, a former foe, calls Kagan 'forthcoming'": The Associated Press has this report.
Posted at 11:26 AM by Howard Bashman


"Kagan Was 'Not Sympathetic' as Law Clerk to Gun-Rights Argument": Greg Stohr and Kristin Jensen of Bloomberg News have this report.
Posted at 08:32 AM by Howard Bashman


"3 housemates waive jury trial in Robert Wone case": This article appears today in The Washington Post.
Posted at 08:23 AM by Howard Bashman


"Kagan's Link to Marshall Cuts 2 Ways": Charlie Savage has this article today in The New York Times. The newspaper also contains an article headlined "On Capitol Hill, Kagan Gets to Know Her Voters."

In today's edition of The Washington Post, Robert Barnes has an article headlined "In Elena Kagan's work as solicitor general, few clues to her views." And columnist E.J. Dionne Jr. has an op-ed entitled "The Elena Kagan you won't see."

The Los Angeles Times reports that "Supreme Court nominee Kagan's experience questioned; She's never been a judge and has little trial experience; Republicans and Democrats debate whether that should matter."

Joan Biskupic of USA Today reports that "Kagan's credentials take hits on Hill; Historically, being a judge wasn't vital."

The Wall Street Journal contains articles headlined "Kagan Opens Campaign for Court" and "Memos to Clinton Hewed to Center."

David Lightman of McClatchy Newspapers reports that "Kagan starts her meet-and-greets with senators."

Karen Sloan of The National Law Journal has an article headlined "Want a Supreme Court Seat? Going to Harvard or Yale Helps."

The Associated Press reports that "Kagan heads back to the Hill for whirlwind visits."

And yesterday's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Kagan Courts Support On The Hill."
Posted at 08:22 AM by Howard Bashman



"State high court justice steps away from abortion lawsuit; Organization suggested possible conflict of interest": The Anchorage Daily News contains this article today.
Posted at 07:38 AM by Howard Bashman


"Miami Herald asks Pentagon to restore reporter access; News agencies whose reporters were banned from covering military commissions have asked the Pentagon to reconsider": This article appears today in The Miami Herald.
Posted at 07:35 AM by Howard Bashman


"Jockeying Begins for Solicitor General Job": Tony Mauro of The National Law Journal has this report.
Posted at 07:26 AM by Howard Bashman


Wednesday, May 12, 2010

"Defendants in Wone Death Opt for Bench Trial": David Ingram has this post at "The BLT: The Blog of Legal Times."
Posted at 08:35 PM by Howard Bashman


"US wants high court to stay out of rendition case": The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "U.S. opposes 'rendition' review; SG Kagan stays on sidelines."
Posted at 08:34 PM by Howard Bashman



"Don't Stand So Close: If Elena Kagan is too close to the president, what was Harriet Miers?" John Dickerson has this essay online at Slate.
Posted at 04:42 PM by Howard Bashman


"Kagan makes rounds on Capitol Hill, staying mum": The Associated Press has this report.
Posted at 04:35 PM by Howard Bashman


Available online at Politico.com: Josh Gerstein, at his "Under the Radar" blog, has a post titled "Kagan sparred with Clinton race panel."

Ben Smith has an article headlined "Elena Kagan's friends: She's not gay."

And Carol E. Lee reports that "Gay rights central to Elena Kagan fight."
Posted at 02:41 PM by Howard Bashman



"Adelphia's Rigases win ruling on double jeopardy; May be unconstitutional to try Rigases on conspiracy": Reuters has this report on a ruling that the en banc U.S. Court of Appeals for the Third Circuit issued today.

Update: In other coverage, The Associated Press has a report headlined "US court: 2nd Rigas trial may be double jeopardy."
Posted at 02:15 PM by Howard Bashman



Lawrence Hurley of The Daily Journal of California is reporting: In today's newspaper, he has an article headlined "Cross Case In Supreme Court Was Kagan's First-Ever Win."

And in yesterday's newspaper, he had an article headlined "Supreme Court Nominee Braces For Deja Vu."
Posted at 11:34 AM by Howard Bashman



"Don't Bork Kagan: Sex, religion, and a nominee's right to privacy." William Saletan has this essay online at Slate.
Posted at 11:20 AM by Howard Bashman


"Memos reveal Elena Kagan's centrist side": Josh Gerstein has this article at Politico.com.
Posted at 10:20 AM by Howard Bashman


"Senators to query Kagan, but don't expect answers": Jesse J. Holland of The Associated Press has this report. The AP also has an article headlined "GOP senators' shifting standards."
Posted at 10:17 AM by Howard Bashman


"3 men convicted in Orange County sexual assault take case to California Supreme Court; Gregory Haidl, the son of a former assistant sheriff, and two others who videotaped their attack on a 16-year-old girl want their convictions overturned and do not want to register as sex offenders": The Los Angeles Times contains this article today.

And The Orange County Register reported last week that "Greg Haidl takes case to state Supreme Court."
Posted at 08:57 AM by Howard Bashman



"Conspiracy trial in Robert Wone killing set to start": This article appears today in The Washington Post.
Posted at 08:55 AM by Howard Bashman


"'95 Article Reveals Kagan's Views on Confirmation": Adam Liptak has this article today in The New York Times. The newspaper also contains articles headlined "A New York Bloc on the Supreme Court"; "As Clinton Aide, Kagan Recommended Tactical Support for an Abortion Ban"; and "Court Nominee Figures in Midterm Campaigns."

Today's edition of The Washington Post contains articles headlined "The justice league: Elena Kagan's nomination shows that Ivy roots run deep" and "White House seeks to defend Kagan's diversity record." And in commentary, columnist Ruth Marcus has an op-ed entitled "Advise and wimp out"; columnist Michael Gerson has an op-ed entitled "The mystery of Elena Kagan"; and columnist Kathleen Parker has an op-ed entitled "Elena Kagan is miles away from mainstream America."

The Los Angeles Times contains an article headlined "Kagan would be high court's third -- New Yorker? Both female justices on the Supreme Court hail from New York; What is it about the city? 'The New York woman, she's a striver,' says one expert." And in commentary, law professor Jonathan Turley has an op-ed entitled "Evidence of a Supreme Court bias: Almost all the Supreme Court justices attended law school at either Harvard or Yale, as did President Obama's latest nominee." Turley also has an op-ed entitled "Senate's way is no way to confirm a judicial MVP; Other models: The Vatican, pro baseball and the Academy" in USA Today.

The Boston Globe contains an article headlined "In Kagan stance on military, a complex history."

In The Wall Street Journal, Laura Meckler has an article headlined "Mixed Grades at Harvard Law; Kagan Built Bridges on Divided Campus but Other Factors Helped Her Along." Jess Bravin has an article headlined "Kagan and Key Case: The Jury Is Out." You can freely access the full text of this article via Google News.

Michael Doyle of McClatchy Newspapers reports that "Judicial experience a fairly new expectation for Supreme Court." And William Douglas reports that "Kagan nomination could influence November elections."

Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court confirmations, as Elena Kagan saw them: Elena Kagan once urged aggressive questioning of and candid responses from Supreme Court nominees, but has lately backed off those views; Senate Democrats hail her 'diversity of experience'; Republicans question her qualifications."

Tony Mauro of The National Law Journal reports that "Law Review Article Could Spell Trouble for Kagan at Confirmation Hearing; Senators who will be trying to pry Kagan's closely held views out of her at the upcoming confirmation hearing will almost certainly confront Kagan with her own words from long ago."

From NPR, today's broadcast of "Morning Edition" contained an audio segment entitled "Should Kagan's Lack Of Judicial Experience Matter?" featuring Nina Totenberg. Yesterday evening's broadcast of "All Things Considered" contained audio segments entitled "Kagan's Years At Harvard Scrutinized" and "Some On Left Also Oppose Kagan Nomination." NPR also has a written report headlined "Can Kagan Bridge Divided Court? Consensus Is No."

Columnist Konrad Yakabuski of The Toronto Globe and Mail has an op-ed entitled "Kagan nomination reflects Obama's centrist vision; President counting on appointment of proven pragmatist as surest way to correct court's tilt to the right."

And columnist Mike Littwin of The Denver Post has an op-ed entitled "Kagan's not left enough, which makes her just right."
Posted at 08:44 AM by Howard Bashman



"Mojave Desert cross, focus of long legal battle, is stolen; The 7-foot steel and concrete symbol honoring WWI vets had stood atop Sunrise Rock since 1934;The U.S. Supreme Court recently ruled that it could stay put; The VFW has offered a $25,000 reward": This article appears today in The Los Angeles Times.

The New York Times reports today that "Cross at Center of Legal Dispute Disappears."

USA Today reports that "Vandals tear down cross that justices would not."

The Desert Dispatch of Barstow, California reports that "Anonymous letter explaining cross theft sent to Desert Dispatch."

The Press-Enterprise of Riverside, California reports that "Visitors lament loss of Mojave Cross."

The Hi-Desert Star of Yucca Valley, California reports that "Thieves steal cross."

The San Bernardino Sun reports that "Mojave cross stolen, replacement pledged; Memorial to veterans vanishes from desert site."

And The Christian Science Monitor reports that "Mojave cross theft shows planning; veterans groups vow to rebuild; The Mojave cross, which the US Supreme Court two weeks ago ruled could stay, was removed early this week, sparking outrage."
Posted at 08:00 AM by Howard Bashman



"War court judge sets new Khadr trial date: Aug. 10." Carol Rosenberg of The Miami Herald has this article today.
Posted at 07:36 AM by Howard Bashman


Tuesday, May 11, 2010

"GOP wants Clinton-era papers on Kagan": The Associated Press has this report.
Posted at 08:50 PM by Howard Bashman


"Kagan knows importance of strong stance; Players break down Supreme Court nominee's plate approach": Mark Newman of MLB.com has this report.
Posted at 08:26 PM by Howard Bashman


"Into battle over Kagan; Democrats hail pick; GOP hits her experience": This article appears today in The Boston Globe, along with articles headlined "For the court, a broker's skills"; "At Harvard, dean eased faculty strife"; and "If she's confirmed, court would have no Protestants." The newspaper also contains an editorial entitled "Impressive legal credentials, but an anticlimactic pick."

Today's edition of The Boston Herald, meanwhile, contains articles headlined "Democrats and Republicans wary of court pick" and "Cornell prof: She leans right on key issues." And columnist Margery Eagan has an essay entitled "Justices, nominee out of touch with reality."
Posted at 08:23 PM by Howard Bashman



"Supreme Court nominee has thin 'paper trail'": Mark Sherman of The Associated Press has this report.

And at the web site of The New Yorker, Jeffrey Toobin has a blog post titled "Elena Kagan and Gays in the Military," while Blake Eskin has a post titled "The Ghost of Mrs. Kagan."
Posted at 03:38 PM by Howard Bashman



"For Supreme Court nominee Elena Kagan, a history of pragmatism over partisanship": This profile appears today in The Washington Post, along with articles headlined "Elena Kagan nomination for Supreme Court riles both sides of political aisle" and "Kagan would emphasize Supreme Court moving in new direction."
Posted at 01:10 PM by Howard Bashman


"NJ court: Accurate lawsuit reporting not libelous." The AP has a report that begins, "New Jersey's highest court has ruled that a newspaper cannot be held liable for accurate reporting of allegations made in a lawsuit."

You can access today's ruling of the Supreme Court of New Jersey at this link.
Posted at 11:55 AM by Howard Bashman



"Thieves take controversial Mojave Desert cross": The Associated Press has this report.
Posted at 11:50 AM by Howard Bashman


"Kagan Nomination Leaves Some Longing on the Left": Today's edition of The New York Times contains a news analysis that begins, "The selection of Solicitor General Elena Kagan to be the nation's 112th justice extends a quarter-century pattern in which Republican presidents generally install strong conservatives on the Supreme Court while Democratic presidents pick candidates who often disappoint their liberal base."

The newspaper also contains articles headlined "Democrats Express Praise for Kagan; G.O.P. Is Cautious"; "Reshaping Court's Culture, a Woman at a Time"; and "Court Pick Can Still Rise on Her High School's Alumni List."
Posted at 10:57 AM by Howard Bashman



"Just Answer the Question": Linda Greenhouse has this op-ed today in The New York Times.
Posted at 10:52 AM by Howard Bashman


"Law Review: One contingent hopes Kagan hearings revisit 9/11 case." This article appears today in The Philadelphia Inquirer.
Posted at 08:27 AM by Howard Bashman


"Kagan's role against military recruitment studied": The Associated Press has this report, along with articles headlined "Biden: Kagan will have strong bipartisan support" and "Kagan has presumption of court confirmation."
Posted at 08:15 AM by Howard Bashman


Monday, May 10, 2010

"Elena Kagan, Supreme Court nominee, is a Mets fan -- will Yankees fan Justice Sotomayor object?" The New York Daily News has this report.

And at the "City Room" blog of The New York Times, James Barron has a post titled "Obama's Plan to Balance the Bench (Mets vs. Yankees)."
Posted at 10:54 PM by Howard Bashman



In commentary available at Salon.com: Mike Madden has an essay entitled "Why Elena Kagan won't be the next Harriet Miers: Liberals grumble about Kagan's lack of a record, but the White House made the safe pick for a reason -- it's safe."

Joe Conason has an essay entitled "Don't invade Kagan's privacy: Elena Kagan is a legal scholar and advocate, not a gay-baiting politician; Her sexuality should not be an issue."

And Alex Pareene has a post titled "Right-wing convinced Kagan will support gay marriage, for some reason."
Posted at 10:27 PM by Howard Bashman



In commentary available online at Slate: Emily Bazelon has a jurisprudence essay entitled "Don't Ask, Don't Tell, Don't Rock the Boat: Kagan's position on military recruiters at Harvard was hardly radical."

Jack Shafer has an essay entitled "I Wish Elena Kagan Were an Uncloseted Lesbian: Not that I have the wildest clue about her sexual orientation; Honest!"

And John Dickerson has an essay entitled "Empathy in Academia: Obama's case that Elena Kagan has a special understanding of ordinary people."
Posted at 10:14 PM by Howard Bashman



"Kagan in '97 urged Clinton to ban late abortions": The Associated Press has this report.
Posted at 10:05 PM by Howard Bashman


"Elena Kagan's Nomination": Jeffrey Toobin has this blog post at The New Yorker's web site.
Posted at 05:14 PM by Howard Bashman


"The Sphinx: Why the inscrutable Elena Kagan makes everyone nervous." Dahlia Lithwick has this jurisprudence essay online at Slate.

And at Slate's "XX factor" blog, Hanna Rosin has a post titled "Elena Kagan's (Non) Sexuality."
Posted at 05:11 PM by Howard Bashman



"The Tragedy of the (Oral Argument) Commons at the Pa. Superior Court": This month's installment of my "Upon Further Review" column appears in today's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.
Posted at 04:55 PM by Howard Bashman


"Top Republican: Summer vote for Kagan 'doable.'" The Associated Press has this report, along with articles headlined "Inhofe says he'll oppose Kagan nomination" and "Specter to keep 'an open mind' on Kagan."
Posted at 03:40 PM by Howard Bashman


"Remarks by the President and Solicitor General Elena Kagan at the Nomination of Solicitor General Elena Kagan to the Supreme Court": The White House has posted online this transcript. And you can access the video via this link.
Posted at 02:15 PM by Howard Bashman


"Kagan has ditched brusque Clinton-era label": Josh Gerstein has this post at his "Under the Radar" blog at Politico.com.
Posted at 02:04 PM by Howard Bashman


"Remembering Justice Stevens": Ian Frazier has this "Shouts & Murmurs" essay in the May 17, 2010 issue of The New Yorker.
Posted at 12:24 PM by Howard Bashman


"Left is mute on racial double standard in Kagan pick": Political analyst Roland S. Martin has this essay at CNN.com.
Posted at 11:36 AM by Howard Bashman


"Obama nominates Elena Kagan for Supreme Court": The Associated Press has this report.
Posted at 10:35 AM by Howard Bashman


"Kagan should have quick path to Supreme Court": Jesse J. Holland of The Associated Press has this report.
Posted at 10:00 AM by Howard Bashman


"A Climb Marked by Confidence and Canniness": The New York Times has posted online this lengthy profile of Elena Kagan.

And C-SPAN, which will provide live coverage of President Obama's nomination announcement at 10 a.m. eastern time today, has this video library pertaining to the apparent nominee-to-be.
Posted at 08:52 AM by Howard Bashman



"The liberal case against Kagan is overstated; President Obama's Supreme Court pick is mainly guilty of muting her progressive ideals in the service of ambition": James Doty has this essay at Salon.com.

And Glenn Greenwald has a post titled "Obama's natural choice of Kagan."
Posted at 07:42 AM by Howard Bashman



"Untried, Untested, and Ready: Elena Kagan's youth and judicial inexperience recommend her for the Supreme Court." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 07:38 AM by Howard Bashman


"Obama to name Kagan to Supreme Court; The nomination of the solicitor general to succeed Justice Stevens is expected Monday": Christi Parsons and David G. Savage have this article today in The Los Angeles Times.

Joan Biskupic of USA Today reports today that "Kagan is Obama's Supreme Court pick; Solicitor general has crossover appeal."

Margaret Talev and Michael Doyle of McClatchy Newspapers report that "Obama to name Elena Kagan to Supreme Court today." Doyle also has an article headlined "Kagan no stranger to the travails of confirmation."

The Wall Street Journal has articles headlined "Obama to Nominate Kagan to Seat on Supreme Court" and "A Life Rooted In Pursuit of Education."

The Chicago Sun-Times reports that "Obama will pick Elena Kagan for high court: source."

The Harvard Crimson reports that "Obama to Nominate Former Harvard Law School Dean Kagan To Supreme Court."

Today's broadcast of NPR's "Morning Edition" contained audio segments entitled "Solicitor General To Be Nominated To Supreme Court" and "Obama To Nominate Elena Kagan To High Court."

And at "SCOTUSblog," Lyle Denniston has a post titled "The times, they are a-changin'; The conflicting currents."
Posted at 07:22 AM by Howard Bashman



Sunday, May 9, 2010

"Obama Selects Kagan for Supreme Court": This article will appear Monday in The New York Times.

And Robert Barnes of The Washington Post reports that "Obama picks Elena Kagan as Supreme Court nominee." Barnes also has an article headlined "Elena Kagan: '10th justice' has deep legal knowledge but no bench experience."
Posted at 11:32 PM by Howard Bashman



"AP source: Obama chooses Kagan for Supreme Court." The Associated Press has this report. According to the article, "The announcement will happen at 10 a.m. Monday in the East Room of the White House."

Mark Sherman of The Associated Press reports that "Kagan had rapid ascent to high court nomination."

And CBS News reports that "Obama to Nominate Elena Kagan to Supreme Court."
Posted at 11:05 PM by Howard Bashman



"Obama picks Kagan as Supreme Court nominee-NBC; Kagan is relative moderate; May face questions over gays in military; Has never been a judge": Reuters has this report.

And The Daily Princetonian has a news update headlined "Obama to name Kagan '81 as Supreme Court nominee."
Posted at 10:50 PM by Howard Bashman



"Obama to name Kagan for high court; Kagan, 50, is currently solicitor general; would be court's third woman": NBC News has a report that begins, "President Barack Obama will nominate U.S. Solicitor General Elena Kagan to serve as an associate justice on the U.S. Supreme Court, NBC News' Pete Williams reported late Sunday night."
Posted at 10:12 PM by Howard Bashman


"Kagan Seen as Court Front-Runner": Laura Meckler will have this article in Monday's edition of The Wall Street Journal. You can freely access the full text of the article via Google News.

Financial Times reports that "Obama set to back Kagan for Supreme Court." You can freely access the full text of the article via Google News.

And The Telegraph (UK) reports that "Elena Kagan emerges as Supreme Court front-runner; Elena Kagan, the first female Solicitor General, has emerged as the front-runner to be nominated to the Supreme Court by Barack Obama."
Posted at 08:37 PM by Howard Bashman



"Where We Go From Here: Process and substance in a Kagan nomination." Tom Goldstein has this post at "SCOTUSblog."
Posted at 08:26 PM by Howard Bashman


"Holder: Miranda may need changes for terrorists." The Associated Press has this report.
Posted at 03:25 PM by Howard Bashman


"Call for Court Consensus Builder May Be Overrated; Some Say Obama Should Focus on Intellect And Judicial Philosophy": Lawrence Hurley had this interesting article in Friday's issue of The Daily Journal of California.
Posted at 12:38 PM by Howard Bashman


"9750 Words on Elena Kagan; More than you ever wanted to know": Tom Goldstein has this post at "SCOTUSblog."
Posted at 12:30 PM by Howard Bashman


"Age could be a key factor in high court pick": Mark Sherman of The Associated Press has this report.

And today's edition of The New York Times contains an op-ed entitled "For President Obama, Many Gaps to Fill on the Bench."
Posted at 10:32 AM by Howard Bashman



"Website comment poster unknown": Today's edition of The Nashua Telegraph contains an article that begins, "A New Hampshire mortgage company and a national website chronicling the housing market collapse have spent 18 months battling in court over the identity of an anonymous online commenter -- all for naught."

On Friday, I had this related post.
Posted at 10:28 AM by Howard Bashman



"Intrigue fills DA's case against Sen. Orie; Pittsburgh-area lawmaker says corruption charges were filed against her over casino-industry criticism": The Associated Press has a report that begins, "State Sen. Jane Orie and Allegheny County District Attorney Stephen A. Zappala Jr. come from big, politically connected families in the Pittsburgh area. Now they are intertwined in a closely watched legal battle that could have implications for not only their own political futures but also for Pennsylvania's highest court and the state's growing gambling industry."
Posted at 10:23 AM by Howard Bashman


"U.S. Supreme Court: Justices might like national ID card." Michael Kirkland of UPI has this report.
Posted at 10:20 AM by Howard Bashman


"Friends, colleagues say both Wallace and Patterson are qualified for N.J. Supreme Court": The Newark Star-Ledger contains this article today.
Posted at 10:18 AM by Howard Bashman


"Associate Justice Clarence Thomas honors SSU grads' supreme milestone": This article appears today in The Savannah Morning News.
Posted at 10:12 AM by Howard Bashman


"Sotomayor urges anxious grads to embrace future": The Associated Press has this report.
Posted at 09:57 AM by Howard Bashman


Saturday, May 8, 2010

"New Justice to Confront Evolution in Powers": Charlie Savage has this article today in The New York Times.

Today in The Washington Post, Anne E. Kornblut and Robert Barnes report that "Obama navigating high court nomination process with more ease this time."

The Wall Street Journal reports that "Kagan's Goldman Ties Won't Hurt Supreme Court Chances, White House Says."

The New York Post contains an article headlined "Supremely likely: O expected to nominate his top lawyer."

Reuters reports that "Obama Court pick imminent, Kagan called favorite."

Gallup has issued a news release headlined "No Mandate for Protestant Justice; 42% Want Conservative Pick; Americans also give no strong mandate for a female, Hispanic, or black justice."

And in the May 17, 2010 issue of Newsweek, Dahlia Lithwick will have an essay entitled "The Limits of Influence: No way to pick a justice."
Posted at 09:54 AM by Howard Bashman



"No blanket right for press to protect sources, Supreme Court says; Canada's highest court slams door on effort by media to broaden its rights to protect confidential sources": Kirk Makin has this article today in The Toronto Globe and Mail. The newspaper also contains an editorial entitled "The right to tell untold stories: The Supreme Court has issued strong, clear statements of respect for confidential sources; Judges have been warned, in effect, not to look down their noses at protection of sources."

Today's edition of The New York Times reports that "Top Court in Canada Limits Media on Sources."

The National Post reports that "Court limits media; Journalists do not have 'blanket right' to protect confidential sources."

The Toronto Star contains an article headlined "No blanket immunity for journalistic sources, top court rules; Supreme Court says protections to be determined on case-by-case basis."

The Toronto Sun reports that "National Post loses case to protect source's identity."

The Associated Press reports that "Court rules against National Post in source case."

And Canwest News Service reports that "Media can't shield sources all the time, top court rules; Journalists must defend protection case by case."

You can access yesterday's ruling of the Supreme Court of Canada at this link.
Posted at 09:38 AM by Howard Bashman



"Behind Closed Doors: No cameras, no audio and now, no main entry to the high court; Is Court growing more insular under Roberts?" Tony Mauro of The National Law Journal has this report.
Posted at 09:18 AM by Howard Bashman


"Judiciary schedules Scott Matheson hearing; Matheson to face senators; with backing of both Utah Republicans, he is expected to win confirmation": The Salt Lake Tribune has this report.

And The Deseret News reports that "Matheson confirmation hearing Thursday."
Posted at 09:14 AM by Howard Bashman



"D.C. Lawyer Murder Mystery Heads to Trial; Former Arent Fox partner accused of sabotaging probe of lawyer's stabbing death": Mike Scarcella of The National Law Journal has this report.
Posted at 09:03 AM by Howard Bashman


"O'Neill to leave state Supreme Court early": Chuck Lindell has this article today in The Austin American-Statesman.
Posted at 09:00 AM by Howard Bashman


"Court overturns 17-year sentence for Oregon man": The Associated Press has a report that begins, "A 17-year prison sentence for an Oregon man arrested while trying to get back into his mother's house because he did not have a key has been overturned by a federal appeals court."

You can access Tuesday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:54 AM by Howard Bashman



"Ninth Circuit Court of Appeals to Hold Special Sitting in Pocatello, Idaho": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release yesterday.
Posted at 08:50 AM by Howard Bashman


Friday, May 7, 2010

"Holder Says He's Open to 'Reconfiguring' the 9th Circuit": David Ingram has this post today at "The BLT: The Blog of Legal Times."
Posted at 09:00 PM by Howard Bashman


"Kagan's words may return to haunt her; As a law professor in 1995, she described Supreme Court confirmation hearings as 'a vapid and hollow charade'; The remarks would be a likely focus if she became a nominee herself": David G. Savage will have this article Saturday in The Los Angeles Times.

And at "The Volokh Conspiracy," Jonathan H. Adler has an interesting post titled "Closing in on a Court Pick."
Posted at 08:57 PM by Howard Bashman



"People's Choice: All the Supreme Court picks are too pro-business; Here's how to fix that." Law professor Jeffrey Rosen has this essay online today at The New Republic.

And earlier this month at "The Daily Beast," law professor Paul Campos had a post titled "The Next Harriet Miers?"
Posted at 03:24 PM by Howard Bashman



The U.S. Court of Appeals for the D.C. Circuit has today issued its ruling in the case captioned Michael Newdow v. John Roberts, Jr. You can access the ruling at this link.

Circuit Judge Janice Rogers Brown's majority opinion begins, "Plaintiffs appeal the dismissal of their constitutional challenge to religious elements of the presidential inaugural ceremony." The majority holds that Newdow lacks standing.

By contrast, Circuit Judge Brett M. Kavanaugh's opinion concurring in the judgment begins, "Under the Supreme Court's precedents, plaintiffs have standing to raise an Establishment Clause challenge to the Inaugural prayers and to the inclusion of the words 'so help me God' in the official Presidential oath administered at the public Inauguration ceremonies. I would reject plaintiffs' claims on the merits because those longstanding practices do not violate the Establishment Clause as it has been interpreted by the Supreme Court."
Posted at 11:14 AM by Howard Bashman



"Potential Court Pick Faced Dilemma at Harvard": This article appears today in The New York Times, along with articles headlined "Marking Off the Course to the Supreme Court" and "Think the Question Is 'Who?' How About 'When?'"

Yesterday, Robert Barnes of The Washington Post had a news update headlined "Justice Stevens casts a long shadow over Supreme Court." And in today's newspaper, U.S. Senator Jeff Sessions (R-AL) has an op-ed entitled "Americans look for Supreme Court to restrain federal power, not expand it," while Joseph J. Ellis has an op-ed entitled "Immaculate misconception and the Supreme Court."

Bill Mears of CNN.com has an article headlined "What you need to know about the top Supreme Court contenders."

And Thomas Ferraro of Reuters reports that "Republican would back Garland for Supreme Court."
Posted at 08:07 AM by Howard Bashman



"Court to rule on media's right to protect sources": The National Post contains this article today.

Canwest News Service reports that "Top court to rule on media's ability to shield confidential sources."

And The Canadian Press reports that "Supreme Court to rule on protection of news sources in Shawinigate case."
Posted at 07:56 AM by Howard Bashman



"Supreme Court: Websites have free press rights." This article appears today in The New Hampshire Union Leader.

And The Nashua Telegraph reports today that "Court backs website on free speech."

You can access yesterday's ruling of the Supreme Court of New Hampshire at this link.
Posted at 07:48 AM by Howard Bashman



"Case is made vs. US marriage law; Court hears gay group's challenge": Jonathan Saltzman has this article today in The Boston Globe.

And today's edition of The New York Times contains an article headlined "Marriage Law Is Challenged as Equaling Discrimination."
Posted at 07:42 AM by Howard Bashman



Thursday, May 6, 2010

"Whose Originalism?" Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 10:54 PM by Howard Bashman


"This case presents the question of whether the Vaccine Act's statute of limitations begins running where a claimant experiences a symptom of injury, but where the medical community at large does not recognize that the symptom is related to a vaccine and the claimant has not received medical information suggesting a connection." A divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued this ruling today.
Posted at 08:58 PM by Howard Bashman


"Wash. Supreme Court upholds Web filtering policy": The Associated Press has a report that begins, "Public libraries' refusal to disable content-blocking Internet filters for adult patrons does not run afoul of the state constitution, the Washington state Supreme Court ruled Thursday. In a 6-3 ruling, the majority said libraries have discretion about which Internet content to allow, just as they decide which magazines and books to offer."

SeattlePI.com has a report headlined "State Supreme Court: Libraries can block Internet porn."

And The Spokesman-Review of Spokane, Washington has a news update headlined "Libraries can filter porn, Washington high court says."

Today's ruling of the Washington State Supreme Court consists of a majority opinion, a concurring opinion, and a dissenting opinion.
Posted at 08:20 PM by Howard Bashman



"Supreme Court Contenders: Pros and Cons." CBS News correspondent Jan Crawford has this post at her "Crossroads" blog.
Posted at 08:11 PM by Howard Bashman


"GOP Senators Delay Vote on Liu": David Ingram has this post at "The BLT: The Blog of Legal Times."

And The Hill reports that "Senate Republicans delay controversial appellate court pick Goodwin Liu."
Posted at 06:00 PM by Howard Bashman



"Long Shot for High Court Has Reputation for Compassion and Persuasion": John Schwartz has this article today in The New York Times.
Posted at 05:54 PM by Howard Bashman


Programming note: Due to an event that I'll be attending this afternoon, additional posts will appear here later today.
Posted at 10:28 AM by Howard Bashman


Theodore A. McKee is now the Chief Judge of the U.S. Court of Appeals for the Third Circuit: As confirmed here.

And in somewhat related news, the Administrative Office of the U.S. Courts has today issued a news release headlined "Chief Justice Selects New Executive Committee Chairman."
Posted at 10:11 AM by Howard Bashman



"Obama to make Supreme Court decision soon, aides say": Michael D. Shear and Robert Barnes have this article today in The Washington Post.

Today's edition of The New York Times contains an article headlined "Since Bork, a Long War Over the Court."

The Great Falls Tribune contains an article headlined "Montana nominee for Supreme Court intriguing choice."

And The Salt Lake Tribune reports that "Obama, Hatch talk about Supreme Court choices in private chat; Utah senator claims president still looking for 'empathy' under a different name."
Posted at 07:58 AM by Howard Bashman



"Panel to vote on judicial nominee Goodwin Liu": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 07:54 AM by Howard Bashman


"Gov. Chris Christie says he's confident hearing for N.J. Supreme Court nominee will happen": The Newark Star-Ledger contains this article today.
Posted at 07:45 AM by Howard Bashman


"Gay Couples Challenge Defense Of Marriage Act": This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 07:44 AM by Howard Bashman


"Stevens: Risk of wrongful sentences higher; Justice opposes death penalty." Joan Biskupic has this article today in USA Today.

And today's edition of The Columbus Dispatch contains an article headlined "Justice luminaries share their views; Attorney general says priority is national security."
Posted at 07:42 AM by Howard Bashman



"Kagan Says Rulings on Black, Skilling to Affect DOJ": Jess Bravin of The Wall Street Journal has this report.

And Monday's edition of The Daily Princetonian contained an article headlined "Reserved passion: Kagan '81."
Posted at 07:30 AM by Howard Bashman



Wednesday, May 5, 2010

"Axelrod: Stevens' legacy influencing Obama's pick." The Associated Press has this report.
Posted at 07:42 PM by Howard Bashman


"'Most-hated,' anti-gay preacher once fought for civil rights": CNN.com has this report.
Posted at 06:14 PM by Howard Bashman


"Judge who struck down Day of Prayer in spotlight": The Associated Press has a report that begins, "Since U.S. District Judge Barbara Crabb ruled the National Day of Prayer unconstitutional, critics have declared what they think of her: A Marxist. A moron. A disgrace."
Posted at 03:44 PM by Howard Bashman


"Justice Stevens: push for nominees' views improper." The Associated Press has this report.
Posted at 02:44 PM by Howard Bashman


"Supreme Court Upholds Freedom Of Speech In Obscenity-Filled Ruling": This article appears online at The Onion (via "The Volokh Conspiracy").
Posted at 01:50 PM by Howard Bashman


"Ex-Clerks Are Potent Lobbyists for High-Court Hopefuls; When it comes to building buzz for a would-be Supreme Court nominee, few are as useful as proteges who have gone on to higher places": Jess Bravin had this article yesterday in The Wall Street Journal. You can freely access the full text of the article via Google News.
Posted at 01:48 PM by Howard Bashman


"A look at Leah Ward Sears": Available online at this link, from the Fulton County Daily Report.
Posted at 10:34 AM by Howard Bashman


"Lawsuit Abuse, GOP Style: The state attorneys general efforts to block health care reform aren't just wrong; They're frivolous." Simon Lazarus and Alan Morrison have this jurisprudence essay online at Slate.
Posted at 10:32 AM by Howard Bashman


"Caught on cam: Two males burglarize Court of Appeals." KOB-TV Eyewitness News 4 in Albuquerque, New Mexico has this report.
Posted at 10:30 AM by Howard Bashman


"US discrimination case between Betty Dukes and Wal-Mart reaches Supreme Court": This article appears today in The Times of London.
Posted at 07:54 AM by Howard Bashman


"153 years later, a wrong is made right": Today's edition of The Pittsburgh Post-Gazette contains an article that begins, "The Pennsylvania Supreme Court Tuesday admitted George Boyer Vashon to the practice of law 153 years after Allegheny County officials turned him down because of his race."

And The Associated Press reports that "Black lawyer rejected for Pa. bar in 1847 admitted."

You can access yesterday's order of the Supreme Court of Pennsylvania at this link.
Posted at 07:50 AM by Howard Bashman



"Sotomayor's Justice League": At "The BLT: The Blog of Legal Times," Marcia Coyle has a post that begins, "Justice Sonia Sotomayor has attained true stardom. This month, she joins House Speaker Nancy Pelosi, former Vice President Al Gore and conservative radio icon Rush Limbaugh in having her own comic book."
Posted at 07:38 AM by Howard Bashman


"High Court short-listers' Job No. 1: Don't mess up." The Associated Press has this report.
Posted at 07:30 AM by Howard Bashman


"High court contender Kagan brings reputation for consensus-building": Bill Mears of CNN.com has this report.
Posted at 07:28 AM by Howard Bashman


"California Supreme Court debates ban on affirmative action in contracts; The high court, reviewing a San Francisco ordinance that gives firms owned by women and minorities an advantage in contracting, considers easing the scope of Proposition 209, which was passed in 1996": Maura Dolan has this article today in The Los Angeles Times.

And today in The San Francisco Chronicle, Bob Egelko has an article headlined "Prop. 209 challenge to S.F. contractor law."
Posted at 07:18 AM by Howard Bashman



Tuesday, May 4, 2010

"Obama interviews Diane Wood for Supreme Court": The Associated Press has this report.

The Washington Post has a blog entry titled "Obama sits down with Diane Wood in latest Supreme Court meeting."

The Chicago Tribune has a blog post titled "Obama interviews Diane Wood for Supreme Court."

And The Chicago Sun-Times has a blog post titled "Obama, Biden interview Diane Wood, Chicago judge up for Supreme Court."
Posted at 10:18 PM by Howard Bashman



"Standoff between Senate, Gov. Christie may leave N.J. Supreme Court in limbo": The Newark Star-Ledger has this news update.

Wednesday's edition of The New York Times will contain an article headlined "Senate President Vows to Block New Jersey Court Nominee."

And The Philadelphia Inquirer has a news update headlined "Christie's court nominee hits roadblock."
Posted at 09:12 PM by Howard Bashman



"Liberals fear Obama nominates moderate to court": Jesse J. Holland of The Associated Press has this report.
Posted at 12:17 PM by Howard Bashman


SCOTUS wait for SG views on AZ immigration law reaches six months‏: Josh Gerstein has this report today at Politico.com.
Posted at 11:24 AM by Howard Bashman


"Supreme Court closes its front doors to the public": Robert Barnes has this article today in The Washington Post. In addition, Philip Kennicott has an essay entitled "Closing main doors to the Supreme Court sends troubling message."

In today's edition of The New York Times, Adam Liptak has an article headlined "Step Away From the Courthouse Doors." The newspaper also cotains an editorial entitled "The Supreme Court's Doors."

David G. Savage of The Los Angeles Times has an article headlined "Going up? Not at Supreme Court entrance; For security reasons, the marble steps have been closed to those entering the building; You can still use the steps upon exiting; To see the grand facade, just swivel your head."

And Michael Doyle of McClatchy Newspapers reports that "Divided Supreme Court tells visitors to knock at side door."
Posted at 10:23 AM by Howard Bashman



"Justices Agree on Detainee Death Case": Adam Liptak has this article today in The New York Times.

Robert Barnes of The Washington Post reports today that "Immigrant's survivors cannot sue federal health officials, Supreme Court rules."

David G. Savage of The Los Angeles Times reports that "Court says family can't sue federal doctors over detainee's death; Immigration officials refused a man's repeated requests for a lesion biopsy; After his release, he died of cancer."

Bob Egelko of The San Francisco Chronicle reports that "Family can't collect damages in prisoner's death."

And The San Diego Union-Tribune reports that "Court rules on liability in man's death; Federal health workers can't be sued individually."
Posted at 08:05 AM by Howard Bashman



"Don't boycott Arizona, ex-Justice O'Connor says": Bob Egelko has this article today in The San Francisco Chronicle.

And The Wall Street Journal reports today that "Retired Justice O'Connor Raises Doubt on Arizona Immigration Law." You can freely access the full text of this article via Google News.
Posted at 08:00 AM by Howard Bashman



"Partner's Discrimination Suit Against Firm Headed Back to 3rd Circuit; In an October 2009 decision, a federal judge had concluded that a suit was barred because of the plaintiff's status as a law firm partner": Shannon P. Duffy of The Legal Intelligencer has this report.
Posted at 07:58 AM by Howard Bashman


"Wanted: A consensus-building justice; Obama is looking for a progressive who can work with, and moderate, the conservative majority on the Supreme Court; The specter of an activist right-wing court weighs on the decision." Christi Parsons and David G. Savage have this article today in The Los Angeles Times.

The newspaper also contains an op-ed by Marc Cooper entitled "To replace John Paul Stevens, an atheist; It's something Thomas Jefferson might have done: nominate a nonbeliever to the Supreme Court."
Posted at 07:56 AM by Howard Bashman



"Report: Congress makes too many vague laws." Mark Sherman of The Associated Press has this article.
Posted at 07:54 AM by Howard Bashman


"Stevens didn't drop the ball; Retiring justice says memory still serves": Abdon M. Pallasch has this article today in The Chicago Sun-Times.

The Chicago Tribune reports today that "Supreme Court Justice John Paul Stevens silent on his replacement in speech; Justice bypasses court discussion, instead talks about his beloved Cubs."

And The Associated Press reports that "Retiring US Supreme Court justice dons Cubs jacket, speaks in Chicago."
Posted at 07:40 AM by Howard Bashman



Monday, May 3, 2010

"Gov. Chris Christie nominates lawyer Anne M. Patterson to N.J. Supreme Court": The Star-Ledger of Newark, New Jersey has this news update, along with news updates headlined "Gov. Chris Christie's nominee could change character of N.J. Supreme Court"; "N.J. Supreme Court chief justice criticizes Gov. Chris Christie for not reappointing Justice Wallace"; and "Gov. Christie's nominee for N.J. Supreme Court has donated $23,680 to Republicans in past 17 years."

And Tuesday's edition of The New York Times will contain an article headlined "Christie, Shunning Precedent, Drops Justice From Court."
Posted at 10:24 PM by Howard Bashman



"Supreme Court sanity calls for filibusters: To restore its proper role and keep away Obama nominees, GOP senators can try Democrats' tactics." Law professor John Yoo had this op-ed yesterday in The Philadelphia Inquirer.
Posted at 10:20 PM by Howard Bashman


Chief Judge Alex Kozinski's judicial hotness has finally been enshrined in an appellate opinion: So what if he's the opinion's author, as he also nominated himself for the judicial hottie award.

A dissenting opinion that Judge Kozinski issued today contains this reference to a law review article that he wrote, "And some of our nation's hottest jurists have called for their more frequent use. See, e.g., Alex Kozinski, Should Reading Legislative History Be an Impeachable Offense?, 31 Suffolk U. L. Rev. 807, 819 (1998)."
Posted at 08:10 PM by Howard Bashman



"Court nominee Liu follows the law: The record of Goodwin Liu, up for a federal appeals court, is that of a moderate; Claims by opponents that he's a left-wing ideologue don't jibe with his openness to libertarian and conservative views." Law professor Richard W. Painter has this op-ed today in The Los Angeles Times.
Posted at 05:10 PM by Howard Bashman


"Obama Nears Decision on Supreme Court Nominee": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 05:04 PM by Howard Bashman


"Free Speech Through the Foggy Lens of Election Law": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 02:08 PM by Howard Bashman


"Justices Disagree Over Closing Court's Front Entrance": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."

At "SCOTUSblog," Lyle Denniston has a post titled "An entrance closes, over a dissent."

And The Associated Press reports that "Supreme Court closing iconic front entrance."
Posted at 12:08 PM by Howard Bashman



"Attorneys agree to block on Oklahoma abortion law": The Associated Press has this report.

And today's edition of The Tulsa World contains an article headlined "Abortion law isn't fair, says lawsuit; Ultrasound provision holds some providers to a higher standard, it says."
Posted at 10:45 AM by Howard Bashman



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

1. Justice Sonia Sotomayor delivered the opinion for a unanimous Court in Hui v. Castaneda, No. 08-1529. You can access the opinion at this link and the oral argument transcript at this link.

2. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Renico v. Lett, No. 09-338. Justice John Paul Stevens issued a dissenting opinion in which Justice Sotomayor joined in full and in which Justice Stephen G. Breyer joined in part. You can access the ruling at this link and the oral argument transcript at this link.

You can access today's Order List at this link. The Court did not grant review in any new cases but called for the views of the Solicitor General in one case.

In early news coverage, The Associated Press reports that "Court says feds not liable for immigrant death"; "Brit on Texas death row loses high court appeal"; "High court turns down Delaware over sports betting"; and "Court won't hear appeal on Boy Scouts land rental."
Posted at 10:07 AM by Howard Bashman



"Recent high court cases revive debate on judicial activism": This article appears today in The Washington Post.
Posted at 07:58 AM by Howard Bashman


"Judicial Supremacy and the Constitution: We need to reclaim the Constitution from the Supreme Court." Robert Lowry Clinton has this essay today at National Review Online.

And in today's edition of The Baltimore Sun, law professor Maxwell Stearns has an op-ed entitled "It's a fact: Judges make law; They have to, declaration at Supreme Court hearings to the contrary; Wouldn't it be refreshing to hear this honestly discussed?"
Posted at 07:55 AM by Howard Bashman



"Precedent uncertain for eminent domain lawsuit; The Court of Appeals will soon re-examine whether the state can, on Columbia's behalf, seize private property for the 'public good' in exchange for market-rate compensation": This article appears today in The Columbia Spectator.
Posted at 07:42 AM by Howard Bashman


"Malpractice suits push two lawyers to the top; Thomas and Adam Malone fight high-stakes cases, win huge verdicts": The Atlanta Journal-Constitution contains this article today.
Posted at 07:40 AM by Howard Bashman


"Diverse Obama picks changing face of federal judiciary; Slow erosion of conservative, Republican dominance of lower courts largely obscured by Supreme Court debate": This article appears today in The Baltimore Sun.
Posted at 07:32 AM by Howard Bashman


"A Supreme Court without Protestants?" CNN.com has this report.
Posted at 07:24 AM by Howard Bashman


"Double Take: What does it mean that young, talented jurists like Goodwin Liu and Miguel Estrada have little shot of Senate confirmation?" Mark Greenbaum has this essay online at The New Republic.
Posted at 07:20 AM by Howard Bashman


Sunday, May 2, 2010

"Empathetic Judge in 9/11 Suits Seen by Some as Interfering": Monday's edition of The New York Times will contain an article that begins, "Over nearly three decades as a litigator at a downtown law firm, Alvin K. Hellerstein shared a view of the World Trade Center towers with dozens of other colleagues in an office building on Maiden Lane."
Posted at 10:25 PM by Howard Bashman


"High court hopefuls wonder: What will Betty Weaver do?" In today's edition of The Detroit Free Press, Brian Dickerson has an op-ed that begins, "Whichever party controls the Michigan Supreme Court in 2011 will enjoy an advantage when state legislators negotiate new legislative and congressional boundaries following this year's census."
Posted at 10:17 PM by Howard Bashman


"Supreme Court rules cross is OK at preserve": This article appeared in yesterday's edition of The Hi-Desert Star of Yucca Valley, California.
Posted at 10:14 PM by Howard Bashman


"Merits of making Supreme Court bilingual could be lost in translation": CanWest News Service has this report.
Posted at 10:11 PM by Howard Bashman


Saturday, May 1, 2010

"War court closed, shows 'secret' YouTube video": Carol Rosenberg of The Miami Herald has a news update that begins, "Officers on Saturday morning cleared the public from a war court hearing on whether Canadian captive Omar Khadr was tortured in U.S. custody to screen a 2003 era interrogation video just days after a prosecutor pledged 'no secret evidence.'"

The Toronto Globe and Mail has a news update headlined "Senior army officer testifies he changed Khadr document for 'historical purposes.'"

And The Toronto Star has a news update headlined "At Khadr hearing, U.S. officer explains changing battle report."
Posted at 08:50 PM by Howard Bashman



"Obama Interviews Kagan for High Court Vacancy": The Wall Street Journal has this news update. You can freely access the full text of the article via Google News.
Posted at 08:40 PM by Howard Bashman


"Gov. Christie close to making a decision on lifetime tenure for N.J. Justice John Wallace": This article appears today in The Newark Star-Ledger.
Posted at 08:37 PM by Howard Bashman


"The Court as Mr. Fix-It?" Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 09:50 AM by Howard Bashman


"US won't appeal verdict in case of four framed by FBI; Plaintiffs to get damage judgment of $101.7 million": Today in The Boston Globe, Jonathan Saltzman has an article that begins, "The federal government has decided not to appeal to the Supreme Court a landmark verdict for four men framed by the FBI in a gangland slaying, meaning the plaintiffs will receive a damage judgment that totals $101.7 million, according to one of their lawyers."

And The Hartford Courant reports today that "Justice Department Won't Appeal $102 Million Verdict In Boston Wrongful-Conviction Case."
Posted at 09:47 AM by Howard Bashman



"I-95 high court in need of some regional diversity": Mark Sherman of The Associated Press has this report.
Posted at 09:44 AM by Howard Bashman


"Supreme Court waits for Kagan; The court asked the solicitor general to weigh in on an Arizona immigration case on employer sanctions; A possible nominee to the court, she hasn't responded; Any answer could alienate needed support": David G. Savage has this article today in The Los Angeles Times.

And Daniel Klaidman and Ben Adler of Newsweek have a blog post titled "Obama Interviewed Elena Kagan for Supreme Court on Friday."
Posted at 09:42 AM by Howard Bashman







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