How Appealing

Wednesday, June 30, 2010

"In Clarence Thomas's gun rights opinion, race plays a major role": In today's edition of The Washington Post, metro columnist Courtland Milloy has an essay that begins, "He hardly ever speaks during oral arguments, often appearing asleep on the bench. But in his written opinion Monday supporting the right to bear arms, Supreme Court Justice Clarence Thomas roared to life."
Posted at 07:55 PM by Howard Bashman


"Gun rights, campaign spending top high court term": Mark Sherman of The Associated Press has this report.

And in related news, The AP reports that "Kagan hearings near end with confirmation likely."
Posted at 06:20 PM by Howard Bashman



"When is a drug too risky to stay on the market?" The Associated Press has this report.
Posted at 06:10 PM by Howard Bashman


"Kagan declines to take sides on 'Twilight' debate": The AP has this report.
Posted at 12:13 PM by Howard Bashman


"Day 3: Nominee Kagan won't criticize Roberts court." The Associated Press has this report.
Posted at 10:24 AM by Howard Bashman


"State Supreme Court upholds gay marriage ban": The Milwaukee Journal Sentinel has this news update.

And The Associated Press reports that "Wisconsin Supreme Court upholds gay marriage ban."

You can access today's ruling of the Supreme Court of Wisconsin at this link.
Posted at 10:23 AM by Howard Bashman



"Big green litigation machine: He's fun & frantic & beloved -- and may be the most sued mascot in the majors." The Phillie Phanatic is the subject of this cover story published today in The Philadelphia Daily News. A related item can be accessed here.
Posted at 10:18 AM by Howard Bashman


"Roberts led Supreme Court through assertive term": Robert Barnes has this article today in The Washington Post.
Posted at 08:44 AM by Howard Bashman


"Kagan Follows Precedent by Offering Few Opinions": This article appears today in The New York Times. Yesterday's newspaper, meanwhile, contained an article headlined "Serenity of Harvard Club Unruffled by Court Hearing."

The Washington Post reports today that "Kagan makes bipartisan appeal in Supreme Court confirmation hearings." Dana Milbank's "Washington Sketch" column is headlined "The dodgy Miss Kagan." And Stephanie J. Jones has an op-ed entitled "Thurgood Marshall's legacy deserves cheers, not sneers."

James Oliphant of The Los Angeles Times reports that "Kagan's accuracy questioned during confirmation hearing; Tense moments arise on the Supreme Court nominee's first full day of testimony during inquiries on military recruiting at Harvard Law School; Gun rights and national security policy are also discussed."

USA Today contains a front page article headlined "Kagan, senator spar on military; Views of Harvard policy produce heat at hearing."

The Wall Street Journal reports that "Kagan Fends Off Republican Challenges."

David Lightman and Michael Doyle of McClatchy Newspapers report that "Kagan pushes back on GOP questioning."

Warren Richey of The Christian Science Monitor reports that "At hearings, Elena Kagan defends approach to military recruiting; In her testimony before senators Tuesday, Elena Kagan suggested that her policy when she was dean at Harvard Law School did not impose a hardship on military recruiters there."

The Associated Press has articles headlined "Kagan to hide sharp wit at confirmation hearing"; "Kagan hearings a short course in Legalese 101"; and "Republicans resurrect Marshall as target."

And David Ingram of The National Law Journal reports that "On Day 2, Kagan Tries to Appease Republicans."
Posted at 08:42 AM by Howard Bashman



"Kennedy Retains His Pivotal Role": Jess Bravin has this article today in The Wall Street Journal, along with an article headlined "Stevens Evolved From Court Loner to Liberal Wing's Leader."

You can freely access the full text of the article about Justice John Paul Stevens via Google News.
Posted at 08:17 AM by Howard Bashman



Tuesday, June 29, 2010

"Justices Rule Against Group That Excludes Gay Students": Adam Liptak has this article today in The New York Times. The newspaper also contains an editorial entitled "The Court: Denying Government Support for Intolerance."

In today's edition of The Washington Post, Robert Barnes reports that "Justices say school can require student groups to accept all who are interested."

The Washington Times reports that "Supreme Court rules against group that bans gays."

Bob Egelko of The San Francisco Chronicle has an article headlined "Court denies Christian group's suit of Hastings."

Tony Mauro and Marcia Coyle of The National Law Journal report that "Supreme Court Upholds Law School's Anti-Discrimination Policy."

And Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court: Law school not obliged to recognize Christian group; A California law school is under no constitutional obligation to grant the Christian Legal Society status as an official student group, the Supreme Court ruled Monday; The school had withheld such status because of the group's exclusion of gays as members."
Posted at 08:57 PM by Howard Bashman



"Justices Take Broad View of Business Method Patents": John Schwartz has this article today in The New York Times.

Today's edition of The Washington Post reports that "Supreme Court relaxes limits on innovations that can be patented."

The Wall Street Journal reports that "Door Left Open to Business Patents."

Financial Times reports that "Tech groups buoyed by patent ruling."

The Boston Globe contains an article headlined "Relief as patent process left intact; High court ruling could have altered software firms' rights."

The Pittsburgh Tribune-Review reports that "Supreme Court ruling may strengthen innovation in U.S."

Tony Mauro of The National Law Journal reports that "High Court All Over the Map in 'Bilski.'"

And Warren Richey of The Christian Science Monitor has an article headlined "Which innovations deserve patents? Supreme Court gives scant direction; In a decision Monday about patent protections, the Supreme Court failed to give specific guidance about which innovations qualify and which don't."
Posted at 08:02 PM by Howard Bashman



"US top court rejects Pfizer Nigeria lawsuit appeal; Lawsuit said Pfizer failed to obtain adequate consent": James Vicini of Reuters has this report.

Bill Mears of CNN.com reports that "High court allows trial on drug safety to proceed."

And Warren Richey of The Christian Science Monitor reports that "Supreme Court allows drug test case against Pfizer to proceed; US pharmaceuticals giant Pfizer allegedly conducted nonconsensual drug tests on 200 Nigerian children, some of whom died; The Supreme Court Tuesday allowed a civil lawsuit against Pfizer to go forward."
Posted at 07:52 PM by Howard Bashman



"Arizona sanctions law to go to U.S. Supreme Court; Justices to review Ariz. law tied to hiring of illegal immigrants": This article appears today in The Arizona Republic.

Howard Fischer of The Arizona Daily Star reports today that "Justices take AZ migrant-hiring law."

Bob Egelko of The San Francisco Chronicle reports that "High court to take up Arizona immigration law."

And The Christian Science Monitor reports that "Supreme Court Arizona ruling could shape immigration reform; The Supreme Court on Monday agreed to hear a challenge to a 2007 Arizona law penalizing employers who hire undocumented migrants."
Posted at 07:42 PM by Howard Bashman



"Appeals court rejects GE's Superfund challenge": The AP has this article reporting on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 05:34 PM by Howard Bashman


"On Day 2, Kagan deploys humor and the artful dodge": The Associated Press has this report.
Posted at 05:30 PM by Howard Bashman


"Court to hear deepwater drilling ban appeal July 8": The Associated Press has a report that begins, "A federal appeals court in New Orleans will hear the government's appeal of a ruling overturning the deepwater drilling ban in the Gulf of Mexico on July 8."
Posted at 03:36 PM by Howard Bashman


"Court rules against Fort Campbell soldier who took rocket home": The Associated Press has a report that begins, "A federal appeals court affirmed Tuesday the conviction of a U.S. Army soldier who was found with a high-explosive helicopter rocket in his home."

You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 03:04 PM by Howard Bashman



"Judge rules not guilty in Wone case": The Washington Post has this news update.

And at "The BLT: The Blog of Legal Times," Jeff Jeffrey and Mike Scarcella have a post titled "Not Guilty on All Counts in the Wone Trial."
Posted at 02:17 PM by Howard Bashman



"Roberts Put His Stamp on Supreme Court in Latest Term": Adam Liptak will have this news analysis in Wednesday's edition of The New York Times.
Posted at 02:10 PM by Howard Bashman


Access online today's Order List and per curiam opinion of the U.S. Supreme Court: You can access today's Order List at this link. The Court summarily affirmed in one case, granted review in one case, and denied review in three cases.

In addition, the Court issued a per curiam opinion in Sears v. Upton, No. 09-8854.

At "SCOTUSblog," Lyle Denniston has a post titled "'Soft-money' ban upheld; GOP challenge rejected."

And The Associated Press has reports headlined "High court reaffirms 'soft money' ban"; "Court to decide limits on retaliation ban"; "Court orders new review of Siegelman, Scrushy case "; and "Court rejects Pfizer appeal of Nigerians' lawsuits."
Posted at 02:05 PM by Howard Bashman



"Why Brandeis Matters: The constitution and the crash." Law professor Jeffrey Rosen will have this lengthy cover story in the July 22, 2010 issue of The New Republic.
Posted at 01:54 PM by Howard Bashman


Monday, June 28, 2010

"Justices Bid Farewells on Last Day": Adam Liptak will have this article Tuesday in The New York Times.
Posted at 07:58 PM by Howard Bashman


"Jailed Roanoke neo-Nazi Bill White faces jury intimidation trial in Chicago": The Roanoke Times has this news update.

And The Associated Press reports that "White supremacist can be charged for website post."

You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 07:33 PM by Howard Bashman



"Jeffrey Toobin writing new Supreme Court book": The Associated Press has this report.
Posted at 02:42 PM by Howard Bashman


"Supreme Court: Patent law must be flexible for high tech." Michael Doyle of McClatchy Newspapers has this report.
Posted at 02:40 PM by Howard Bashman


"Supreme Court Rules That Gun Rights Apply to Local Laws": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court rules that all Americans have fundamental right to bear arms."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court extends 2nd Amendment protection to state, local levels; The court's 5-4 decision comes in a case involving Chicago's ban on handguns."

Nathan Koppel of The Wall Street Journal has a news update headlined "High Court Rules in Favor of Gun Rights."

The Chicago Sun-Times has a news update headlined "Supreme Court casts doubt on Chicago gun ban, extends nationwide gun rights."

The Chicago Tribune has news updates headlined "Daley: City will revise gun law after Supreme Court ruling" and "Man who challenged gun ban: 'I am so happy, I am so happy.'"

And Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court: Second Amendment rights apply across US; The US Supreme Court on Monday ruled that the Second Amendment's right to bear arms applies to every jurisdiction in the nation; It places in doubt the constitutionality of Chicago's handgun ban."
Posted at 02:34 PM by Howard Bashman



"Supreme Court rules against UC student group that refused to admit gays; Justices say UC Hastings College of Law did not violate the 1st Amendment rights of a Christian group; The school had denied the Christian Legal Society chapter official status after it refused to accept 'all comers'": Carol J. Williams of The Los Angeles Times has this news update.

And Michael Doyle of McClatchy Newspapers reports that "Supreme Court sides with school over Christian group ban."
Posted at 02:30 PM by Howard Bashman



"Leahy, Sessions, send competing messages on Kagan": The Associated Press has this report.

And, in somewhat related coverage from The AP, "A bowtie goodbye for Justice John Paul Stevens."
Posted at 02:22 PM by Howard Bashman



"Kagan to tell senators she'd be impartial on court": The Associated Press has this report.

Via this link, C-SPAN will provide live coverage of the confirmation hearing, which will begin today at 12:30 p.m. eastern time.
Posted at 12:04 PM by Howard Bashman



"Elena Kagan and the Miracle at Harvard": Kevin K. Washburn, law professor and dean of the University of New Mexico School of Law, has posted this essay online at SSRN.
Posted at 11:14 AM by Howard Bashman


Access online today's rulings in argued cases and Order List of the U.S. Supreme Court: The Court has announced rulings in the remaining four argued cases.

1. Justice Samuel A. Alito, Jr. announced the judgment of the Court in McDonald v. Chicago, No. 08-1521. You can access the ruling at this link and the oral argument transcript at this link.

2. Justice Ruth Bader Ginsburg delivered the opinion of the Court in Christian Legal Soc. Chapter of Univ. of Cal., Hastings College of Law v. Martinez, No. 08-1371. 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 Bilski v. Kappos, No. 08-964. You can access the ruling at this link and the oral argument transcript at this link.

4. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Free Enterprise Fund v. Public Company Accounting Oversight Bd., No. 08-861. 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 today granted review in six cases and has requested the views of the Solicitor General on one case.

In early news coverage, The Associated Press has reports headlined "Justices extend gun owner rights nationwide"; "Court: Christian group can't bar gays, get funding"; "Court rules against inventors in patent case"; "Supreme Court strikes down part of anti-fraud law"; "High court turns down both sides in tobacco fight"; "Court will hear employer sanctions law challenge"; "Court lets Vatican-sex abuse lawsuit move forward"; "High court rejects Iraq case against Halliburton"; "High court won't review San Fran health care plan"; and "Court won't hear appeal of newsletter prosecution."
Posted at 10:08 AM by Howard Bashman



"Court rejects ATP appeal by German Tennis group": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued last Friday.

And Reuters reports that "ATP tennis tour wins antitrust ruling."
Posted at 09:55 AM by Howard Bashman



"Porn Site Cocodorm Loses Latest Round of Legal Battle With City of Miami": The Miami New Times has this blog post about a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued last Friday.
Posted at 09:35 AM by Howard Bashman


"Stevens ascends to his final day on bench; Supreme Court's retiring justice will leave after Kagan begins Senate hearings": Joan Biskupic has this article today in USA Today.
Posted at 08:30 AM by Howard Bashman


"M.D. Ginsburg, 78, Dies; Lawyer and Tax Expert": This obituary appears today in The New York Times.

Today's edition of The Washington Post contains an obituary headlined "Martin D. Ginsburg dies at 78; tax law expert, Supreme Court spouse."

David G. Savage of The Los Angeles Times has an obituary headlined "Martin D. Ginsburg dies at 78; Georgetown law professor, husband of Ruth Bader Ginsburg; Ginsburg was among the nation's foremost experts on tax law; He and his wife met as students at Cornell on a blind date in 1951 and were married in 1954."

Joan Biskupic of USA Today reports that "Justice Ginsburg's husband and 'best friend' dies at age 78."

And Jess Bravin of The Wall Street Journal reports that "Martin Ginsburg, Husband of Justice Ginsburg, Dies."
Posted at 08:27 AM by Howard Bashman



"The High Court: Ruling on naming petition signers leaves room for interpretation." Robert Barnes has this article today in The Washington Post.
Posted at 08:22 AM by Howard Bashman


"Study Finds Questioning of Nominees to Be Useful": Adam Liptak has this article today in The New York Times. And law professor Noah Feldman has an op-ed entitled "The Triumphant Decline of the WASP."

Today's edition of The Washington Post contains an article headlined "As Kagan confirmation hearings begin, Republicans struggle for line of attack." The newspaper also contains an article headlined "The Kagan hearings: Drama at the staff level is unseen but intense"; an editorial entitled "A Supreme conversation"; and an op-ed by columnist George F. Will entitled "More questions for nominee Elena Kagan."

James Oliphant of The Los Angeles Times reports that "Elena Kagan's confirmation hearing to start Monday; Senate Republicans are expected to grill Obama's Supreme Court nominee on issues such as gun control and campaign finance reform. Kagan is expected to be confirmed."

The Boston Globe reports that "Midterm politics form Kagan backdrop; Hearings on court pick will air parties' issues."

The Washington Times reports that "GOP promises tough queries at Kagan hearings; Prior confirmation uneventful."

The New York Daily News reports that "Supreme Court nominee Elena Kagan's liberal views will be hot topic at Senate confirmation hearings."

The Salt Lake Tribune reports that "Hatch wary of Kagan's 'activist' record."

The Providence (R.I.) Journal reports that "Whitehouse key to Kagan."

Bill Mears of CNN.com reports that "Kagan hearings to begin with questions from left and right."

Politico.com reports that "GOP eager to press case in Elena Kagan hearing."

The Associated Press reports that "Kagan to break silence as marathon vetting begins."

Reuters reports that "Obama's high court pick Kagan faces Senate hearing."

The Hill reports that "Republicans look to grill, not block Kagan" and "Supreme Court expert predicts '63, 64' votes for Kagan."

Fortune has an article headlined "Elena Kagan, wild card for big business."

Agence France-Presse reports that "Obama high court pick to face tough Senate questions."

And on today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment entitled "At Confirmation Hearings, GOP Eyes Kagan's Record."
Posted at 08:20 AM by Howard Bashman



"Gun rights among Supreme Court's final decisions": The Associated Press has this report.
Posted at 07:50 AM by Howard Bashman


Sunday, June 27, 2010

"Senators signal contentious hearing on Supreme Court nominee": CNN.com has this report.
Posted at 08:14 PM by Howard Bashman


"Martin Ginsburg, justice's husband, dies": The Associated Press has this report.

And the Public Information Office of the U.S. Supreme Court issued this news release earlier today.
Posted at 08:07 PM by Howard Bashman



"GOP senators: Can Kagan be impartial judge?" Mark Sherman of The Associated Press has this report.

Hearst Newspapers have reports headlined "Conservatives not united in opposing Kagan" and "Liberals question Kagan's stance on detainees."

Today's edition of The Philadelphia Inquirer contains a front page article headlined "Specter ready to press Kagan to take a stand."

Today's edition of The Pittsburgh Post-Gazette reports that "Kagan getting her day in court; Specter could grill her over activism, lack of paper trail at Senate hearing."

The Boston Globe Sunday Magazine contains an article by Farah Stockman headlined "Elena Kagan and the Harvard stigma: Sadly, the knee-jerk label of elitist just won't die."

And in The Washington Post, law professors John F. Manning and David A. Strauss have an op-ed entitled "Why Elena Kagan should drop the 'Kagan standard' at her hearings."
Posted at 02:22 PM by Howard Bashman



"Court to rule on corporate reform law and gun rights": James Vicini of Reuters has this report.
Posted at 09:03 AM by Howard Bashman


Saturday, June 26, 2010

"At Kagan Hearings, the Topic May Be Obama and Roberts": This fromt page article will appear Sunday in The New York Times.

In Sunday's edition of The Los Angeles Times, James Oliphant, Richard A. Serrano and David G. Savage will have an article headlined "Kagan's a not so leftist liberal; The daughter of a crusading New York street lawyer and protege of Justice Thurgood Marshall, the Supreme Court nominee's specialty has been finding a middle position on the most contentious issues."

Sunday's edition of The Washington Post will contain an article headlined "Civil rights organizations question nominee Elena Kagan's record on race."

The Associated Press reports that "Kagan's life an undeviating course to high court."

And tomorrow's broadcast of NPR's "Weekend Edition Sunday" will contain an audio segment entitled "Skeptical Republicans Await Kagan's Answers."
Posted at 09:07 PM by Howard Bashman



"Closing Guantanamo Fades as a Priority": Charlie Savage has this article today in The New York Times.
Posted at 09:02 PM by Howard Bashman


"In a Mentor, Kagan's Critics See Liberal Agenda": John Schwartz has this article today in The New York Times.

Today in The Wall Street Journal, Jess Bravin reports that "Kagan Hearings Promise Political Theater."

Michael Doyle and David Lightman of McClatchy Newspapers report that "Kagan treads carefully ahead of her turn in Senate spotlight."

The Harvard Crimson reports that "Kagan's Stance on Military Recruiting Under Scrutiny."

At Politico.com, Josh Gerstein has an article headlined "Elena Kagan and the porn wars."

Warren Richey of The Christian Science Monitor has an article headlined "How Elena Kagan worked to limit military recruiting at Harvard." And Mike Sacks of the blog "First One @ One First" has a lengthy article headlined "Elena Kagan: Would she turn Supreme Court into We the People?"

Bloomberg News has articles headlined "Kagan Will Prove `Supremely Qualified,' Official Says"; "Kagan's Diverse, 'Decrepit' Manhattan Helped Shape Her Outlook"; and "Kagan Court Nomination Helps Interest Groups Raise Money, Rally Support."

Reuters has reports headlined "Senate set to begin Kagan court confirmation hearing" and "Kagan bucks 40-year trend as US court pick; Would be high court's fourth woman justice."

And on yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "How Women Changed The High Court ... And Didn't."
Posted at 09:52 AM by Howard Bashman



Friday, June 25, 2010

"Troy Davis hearing ends; no date yet for decision on new trial": This article appears today in The Savannah Morning News, along with an article headlined "Wright Square regulars ready for normalcy after Troy Davis case."

And today in The Atlanta Journal-Constitution, Bill Rankin reports that "Judge must decide whether Troy Davis proved innocence in cop killing."
Posted at 10:47 PM by Howard Bashman



"Daley ready to respond if Chicago's handgun ban overturned": The Chicago Sun-Times has this news update.

And The Chicago Tribune has a news update headlined "Daley: City Council could consider new gun laws within days of Supreme Court ruling."
Posted at 10:37 PM by Howard Bashman



"Court Rejects Secrecy on Ballot Petitions": 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 petition signers should not expect their names to be kept secret."

Jess Bravin of The Wall Street Journal reports that "Court Upholds Law Disclosing Names on Petitions."

The Chicago Tribune reports that "Supreme Court rules for disclosure of initiative signatures."

Les Blumenthal of McClatchy Newspapers reports that "Supreme Court deals setback to gay rights foes in ballot case."

The Seattle Times reports that "Ref. 71 signatures are public, Supreme Court rules."

SeattlePI.com has a report headlined "Supreme Court on R-71: Names on petitions can be made public; Public disclosure case attracted national attention."

Warren Richey of The Christian Science Monitor has an article headlined "Sign a political petition? Supreme Court says the public can know; The case centered on a Washington State referendum on a domestic partnership law; Fear of harassment, the Supreme Court ruled, is not enough to keep petition signers anonymous."

Marcia Coyle of The National Law Journal reports that "High Court Rejects Effort to Keep Names of Petition Signers Secret."

And yesterday evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Transparency Trumps Privacy In Petitions, Court Says."
Posted at 10:28 PM by Howard Bashman



"The 'Super Median': On an ideological court, it's all about keeping Justice Kennedy." Richard Brust will have this article in the July 2010 issue of ABA Journal magazine.
Posted at 01:54 PM by Howard Bashman


"Soldiers' group blasts Kagan on recruitment": The Associated Press has this report.
Posted at 01:46 PM by Howard Bashman


"Bilski, Kenny Rogers and Supreme Court Rule 46": Law professor John F. Duffy has this interesting post today at "Patently-O."
Posted at 12:00 PM by Howard Bashman


"Praise for an Israeli Judge Drives Criticism of Kagan": This article appears today in The New York Times.

Politico.com reports that "All eyes on Kagan's support of Barak."

ABCNews.com has a lengthy article headlined "Inside the Mind of Elena Kagan: Mountain of Memos Reveals Clues to Supreme Court Nominee's Views on Hot Button Issues."

CNN.com has a report headlined "CNN Poll: Support for Kagan confirmation drops."

The Associated Press reports that "Major lawyers group calls Kagan well qualified."

Today's edition of The Washington Times contains an editorial entitled "The case against Kagan: Radical Obama nominee answers to politics, not the law."

In The Washington Post, columnist George F. Will has an op-ed entitled "A few 'vapid' questions for Kagan."

And Bloomberg News columnist Ann Woolner has an essay entitled "Bork's Kagan Comments Remind Why He Was Borked."
Posted at 08:50 AM by Howard Bashman



"Judges' hands tied by oil industry interests; Many presiding in gulf states are heavily invested in the oil and gas industries, creating the possibility of mass recusals in lawsuits and legal challenges stemming from the BP spill": Carol J. Williams had this article yesterday in The Los Angeles Times.
Posted at 08:40 AM by Howard Bashman


"As Wone trial closes, judge questions defendants' reticence": This article appears today in The Washington Post.

And "The BLT: The Blog of Legal Times" has posts titled "Prosecutor: Wone Trial Defendants Will Fall Together in Conspiracy" and "Defense: Prosecution's Case Nothing But 'Patchwork of Suspicious Circumstances.'"
Posted at 08:37 AM by Howard Bashman



"Justices Limit Use of 'Honest Services' Law Against Fraud": Adam Liptak has this article today in The New York Times. The newspaper also contains an article headlined "Conviction in Bruno Case Is in Doubt After Ruling," an editorial entitled "Balance of Prosecutorial Power," and an essay by columnist Floyd Norris entitled "Rolling Back a Law Born of Enron."

In today's edition of The Washington Post, Robert Barnes reports that "Supreme Court decision casts doubt on former Enron CEO's conviction." The newspaper also contains an article headlined "Defense attorneys laud Supreme Court ruling that casts doubt on CEO convictions."

The Los Angeles Times contained an article headlined "Supreme Court ruling to narrow anti-corruption law could aid former Enron chief Jeffrey Skilling" and an editorial entitled "A flawed fraud law: The Supreme Court narrows the law's broad language, which could snare almost any deceitful businessman or politician."

The Wall Street Journal contains articles headlined "Justices Limit Fraud Law; Court Rules Prosecutors Overreached in Convictions of Enron's Skilling, Others" and "For Skilling, an Elusive Victory."

Joan Biskupic of USA Today reports that "Justices limit scope of anti-fraud law, 9-0; Ruling scraps parts of convictions for some famous former executives."

The Houston Chronicle contains articles headlined "Skilling ruling leaves much undecided; Supreme Court limits scope of federal law, but a long battle looms from prison"; "Former Enron workers' emotions still raw; But some worry about implications of high court view that one law didn't apply to Skilling"; and "Sotomayor dissent on trial venue surprises experts; The justice cites media and the effect Enron had on Houston."

The Chicago Tribune contains articles headlined "Conrad Black could benefit from 'honest services' ruling; Supreme Court finds jury was given improper instructions on what constituted fraud in case of former Chicago Sun-Times executive" and "Illinois corruption defendants see opening as court narrows 'honest services' law; Attorneys for Blagojevich and Ryan examining if Supreme Court ruling will have repercussions as prosecutors must now rely on more traditional statutes to prove fraud."

The Chicago Sun-Times contains articles headlined "Prosecutors lose powerful weapon; 'Honest services' fraud cases are too vague, justices rule in Enron case" and "Supreme Court decision not likely to help Black, Skilling get out of prison soon."

The Anchorage Daily News reports that "Court ruling on anti-corruption law impacts Alaska cases; Less precise conflict-of-interest statute thrown out by justices."

The Toronto Globe and Mail reports that "Black calls ruling 'immensely gratifying.'"

Tony Mauro of The National Law Journal reports that "In 4 Key Rulings, Supreme Court Limits Fraud Statutes' Reach; On the civil side, justices ruled that securities fraud class actions involving foreign investors or firms cannot be filed in U.S. courts unless shares were bought or sold within the U.S."

At "SCOTUSblog," Lyle Denniston has a post titled "'Honest services' law pared down."

And from NPR. yesterday evening's broadcast of "All Things Considered" contained an audio segment entitled "High Court Sides With Ex-Enron CEO Skilling" featuring Nina Totenberg. And on today's broadcast of "Morning Edition," Totenberg had an audio segment entitled "High Court Reins In Use Of Fraud Law."
Posted at 08:30 AM by Howard Bashman



"Dawn Johnsen: 'I Have No Regrets.'" This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 07:48 AM by Howard Bashman


Thursday, June 24, 2010

"Oregon Supreme Court rejects $100 million cigarette verdict": The Statesman Journal of Salem, Oregon has a news update that begins, "Philip Morris won't have to pay $100 million or more in punitive damages to the estate of a Salem woman who died of cancer related to cigarette smoking."

The Oregonian has a news update headlined "Oregon Supreme Court says Philip Morris doesn't have to pay $100 million for smoker's death."

And The Associated Press reports that "Ore. trial court to reconsider $100M tobacco case."

You can access today's ruling of the Supreme Court of Oregon at this link.
Posted at 09:04 PM by Howard Bashman



"Life sentences overturned in smuggling deaths case": The Associated Press has a report that begins, "A federal appeals court on Thursday overturned the multiple life sentences a truck driver received for his role in the nation's deadliest human smuggling attempt, more than seven years after the bodies of 19 illegal immigrants were discovered in a tractor-trailer."

You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 08:56 PM by Howard Bashman



"Driven to distraction: 15 cats in car is too risky." The Associated Press has a report that begins, "The South Dakota Supreme Court has ruled that a police officer acted correctly when he seized 15 cats from a woman who was driving with the animals running free inside her car."

You can access yesterday's 3-2 ruling of the Supreme Court of South Dakota in State v. Fifteen Impounded Cats at this link.
Posted at 08:45 PM by Howard Bashman



Access online today's rulings in argued cases of the U.S. Supreme Court: Justice Ruth Bader Ginsburg delivered the opinion of the Court in Skilling v. United States, No. 08-1394. You can access the ruling at this link and the oral argument transcript at this link.

You can access all of today's opinions via this link. Due to a family event, additional posts will not appear here until later this afternoon or early this evening.

Update: This morning, the Court issued a total of seven rulings in argued cases. In addition to the Skilling case that I've already linked to, above, the Court today issued the following rulings.

2. Justice Ginsburg also delivered the opinion of the Court in Black v. United States, No. 08-876. You can access the ruling at this link and the oral argument transcript at this link.

3. Completing today's "honest services" trilogy, the Court issued a per curiam ruling in Weyhrauch v. United States, No. 08-1196. You can access the ruling at this link and the oral argument transcript at this link.

4. Justice Clarence Thomas delivered the opinion of the Court in Granite Rock Co. v. Teamsters, No. 08-1214. You can access the ruling at this link and the oral argument transcript at this link.

5. Justice Thomas also delivered the opinion of the Court in Magwood v. Patterson, No. 09-158. You can access the ruling at this link and the oral argument transcript at this link.

6. Justice Antonin Scalia delivered the opinion of the Court in Morrison v. National Australia Bank Ltd., No. 08-1191. You can access the ruling at this link and the oral argument transcript at this link.

7. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Doe v. Reed, No. 09-559. You can access the ruling at this link and the oral argument transcript at this link.

In coverage of today's rulings, The Associated Press has reports headlined "High court reins in prosecutors' use of fraud law"; "High court: Petitioners' names can be released"; "High court sides with Aussie bank in fraud lawsuit"; and "Court allows new argument in Alabama killing."
Posted at 10:09 AM by Howard Bashman



"G.O.P. Bears Down on Kagan as Hearings Near": This article appears today in The New York Times.

Today in USA Today, Joan Biskupic has a front page article headlined "Will Kagan be as open as she wanted others to be? Court nominee gets her turn before Senate on Monday."

The Associated Press has an article headlined "Kagan: From a mock Supreme Court to the real thing."

And WSJ.com's "Washington Wire" blog has a post titled "Polls Show Kagan's Support Doesn't Run Deep."
Posted at 09:55 AM by Howard Bashman



Wednesday, June 23, 2010

"Critics, supporters step up their efforts on Kagan": The Associated Press has this report.
Posted at 03:15 PM by Howard Bashman


"Robert Wone would have died within seconds of stabbing, heart surgeon testifies": This article appears today in The Washington Post.
Posted at 11:08 AM by Howard Bashman


"Teachers on vacation spend time in Supreme Court": The Associated Press has this report.
Posted at 10:54 AM by Howard Bashman


"Troy Davis heads back to court in Savannah; Federal judge to find whether evidence 'clearly establishes' Davis' innocence": The Savannah Morning News contains this article today.

And today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Death Row Inmate Gets Chance To Prove Innocence."
Posted at 08:54 AM by Howard Bashman



"Gerald W. Heaney, a Judge Who Ruled for the Desegregation of Public Schools, Dies at 92": This obituary appears today in The New York Times.

Today's edition of The Minneapolis Star Tribune contains an obituary headlined "Judge was behind-scenes DFL power; But beyond the politics, friends remember someone who fought for the underdog."

Minnesota Public Radio reports that "Gerald Heaney, influential Minn. judge, dies at 92."

And The Duluth News Tribune contains an editorial entitled "Accomplishments, honors guarantee Heaney's legacy."
Posted at 08:44 AM by Howard Bashman



Second Circuit confers qualified immunity on police officer who arrested man for violating a solicitation law that New York State's highest court had declared unconstitutional 18 years earlier because that law, despite being invalid, is "still on the books": You can access yesterday's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 08:30 AM by Howard Bashman


"N.J. Supreme Court sides with Moorestown couple in Avalon beach case": Today's edition of The Philadelphia Inquirer contains an article that begins, "A Moorestown couple must be compensated for beach property seized by Avalon to build protective dunes after a devastating 1962 nor'easter, the New Jersey Supreme Court ruled Tuesday."

The Newark Star-Ledger reports today that "N.J. top court rules couple can seek payment for taken Avalon beach property."

And The Atlantic City Press reports that "Edward and Nancy Klumpp can seek compensation for beach lot taken by Avalon in 1962, state Supreme Court decides."

You can access yesterday's ruling of the Supreme Court of New Jersey at this link.
Posted at 08:22 AM by Howard Bashman



"Divided 9th Circuit Cites Watergate Judge in Confrontation Clause Ruling": Dan Levine of The Recorder has this report.

You can access Monday's en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Chief Judge Alex Kozinski's dissenting opinion is certainly worth a look.
Posted at 08:10 AM by Howard Bashman



"Paxil Litigation Over Birth Defects Shifts to Settlement": Amaris Elliott-Engel has this article today in The Legal Intelligencer. I worked on plaintiffs' brief in opposition to defendant's post-trial motions filed in the Kilker case, which is discussed in the article.
Posted at 08:04 AM by Howard Bashman


"Predicting an end to Roe v. Wade": This article appears today at Politico.com.
Posted at 08:00 AM by Howard Bashman


"Fellow law clerks endorse Kagan for court": The Associated Press has this report.

And Politico.com reports that "GOP 'expects' to attend Elena Kagan hearings."
Posted at 07:58 AM by Howard Bashman



Tuesday, June 22, 2010

"It's Alive: Can Elena Kagan save the legal left?" Law professor Justin Driver has this essay in the July 8, 2010 issue of The New Republic.
Posted at 10:14 PM by Howard Bashman


"The Justice of Oz: As Elena Kagan shows, you need to lose your heart, brain, and courage to get on the Supreme Court." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:12 PM by Howard Bashman


"New trial for Sharee Miller in notorious Internet-related murder case angers family of victim, Bruce Miller": Back in August 2008, The Flint (Mich.) Journal published an article that begins, "There could be a sequel on the horizon to one of the steamiest murder trials in recent county history -- one packed with sex, provocative e-mails and suicide. A federal judge on Wednesday ordered a new trial for Sharee Miller, who was convicted of manipulating an Internet lover to kill her husband here in 1999 before the man killed himself."

Today, in a ruling that you can access here, the majority on a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit affirmed that grant of a new trial.

In coverage of today's ruling, The Associated Press reports that "Flint-area woman gets new trial in '99 murder."

And WJRT-TV's ABC12 News reports that "Sharee Miller is getting a new trial."
Posted at 09:04 PM by Howard Bashman



"GOP, Democratic solicitors general back Kagan": The Associated Press has this report.

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Former SGs Endorse Kagan for Supreme Court."

You can view the endorsement letter at this link.
Posted at 05:58 PM by Howard Bashman



Programming note: This afternoon, I will be arguing three related appeals before a three-judge panel of the Superior Court of Pennsylvania.

On February 11, 2010, The Legal Intelligencer -- Philadelphia's daily newspaper for lawyers -- reported on the cases in an article by Amaris Elliott-Engel headlined "Scope of Prescription Drug Tort Lawsuits to Be Tested; Appeals Ct. to Mull Negligent Marketing Cause of Action."

You can access the appellate briefs that I filed in these cases at the following links: Cochran (opening brief and reply brief); Owens (opening brief and reply brief); and Lance (opening brief and reply brief).

Additional posts will appear here later today.
Posted at 09:34 AM by Howard Bashman



"Obama slowly puts his mark on federal courts; Most cases never reach the Supreme Court, so appeals judges are crucial": Tom Curry, national affairs writer for MSNBC, has this report.

And Rob Hotakainen of McClatchy Newspapers reports that "Obama pushes to diversify federal courts, but it's a slow process."
Posted at 09:00 AM by Howard Bashman



Monday, June 21, 2010

"Supreme Court upholds anti-terror law": Robert Barnes of The Washington Post has this news update.

Warren Richey of The Christian Science Monitor has articles headlined "Supreme Court upholds controversial part of Patriot Act; On Monday, the Supreme Court upheld a statute -- part of the Patriot Act -- that outlaws the provision of 'material support' to terror groups; Such support includes assistance that might nudge a group toward nonviolence" and "Supreme Court ruling barring aid to terrorist groups: why some lament it; Humanitarian and peace organizations say their direct interaction with violent or terrorist groups is vital to intervention efforts; The Supreme Court decision Monday means they do it at their peril."

And on this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "High Court Backs 'Material Support' Anti-Terror Law."
Posted at 08:44 PM by Howard Bashman



"Abortion rights group says Kagan's view unclear": The Associated Press has an article that begins, "An abortion rights group says it's unclear how deeply Supreme Court nominee Elena Kagan supports abortion rights. The Center for Reproductive Rights says in a report issued Monday that Kagan's record shows she believes the Constitution affords the right to an abortion."

You can access the organization's report at this link.
Posted at 03:26 PM by Howard Bashman



"Court dismisses seat-belt violator's Taser suit": In Saturday's edition of The San Francisco Chronicle, Bob Egelko had an article that begins, "A federal appeals court reversed itself Friday and dismissed a lawsuit by a Southern California man who was Tasered by a police officer after being stopped for not wearing a seat belt."

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

This same three-judge Ninth CIrcuit panel, in December 2009, issued a quite different ruling in deciding this very appeal. My previous coverage of that earlier ruling can be accessed here.
Posted at 02:04 PM by Howard Bashman



"Supreme Court Affirms Ban on Aiding Groups Tied to Terror": Adam Liptak of The New York Times has this news update.

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court upholds law against advising terrorists; In a 6-3 vote, justices say human rights advocates can be prosecuted if they advise members of a foreign terrorist group, even if they urge them to settle their disputes through peaceful means."

Jess Bravin of The Wall Street Journal has a news update headlined "Supreme Court Upholds Antiterror Law."

Michael Doyle of McClatchy Newspapers has an article headlined "Broadening prosecutorial powers, High Court says government knows best in terror cases."

And Bill Mears of CNN.com has an article headlined "High court: Law banning 'support' of terror groups constitutional."
Posted at 01:55 PM by Howard Bashman



"New Troy Davis hearing this week in cop's death": Bill Rankin of The Atlanta Journal-Constitution has this news update, in which I am quoted.
Posted at 01:45 PM by Howard Bashman


"Pfizer Rejected by Supreme Court on Menopause Drug": Greg Stohr and Jef Feeley of Bloomberg News have this report.

James Vicini of Reuters reports that "U.S. top court rejects Pfizer punitive damages appeal."

And Brent Kendall of Dow Jones Newswires reports that "US Supreme Court Denies Wyeth Appeal In Hormone Therapy Case."
Posted at 11:00 AM by Howard Bashman



"Bork to publicly oppose Kagan for Supreme Court": The Associated Press has this report.
Posted at 10:30 AM by Howard Bashman


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

1. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Monsanto Co. v. Geertson Seed Farms, No. 09-475. You can access the ruling at this link and the oral argument transcript at this link.

2. Justice Anthony M. Kennedy delivered the opinion of the Court in Kawasaki Kisen Kaisha Ltd. v. Regal-Beloit Corp., No. 08-1553. You can access the ruling at this link and the oral argument transcript at this link.

3. Justice Antonin Scalia delivered the opinion of the Court in Rent-A-Center, West, Inc. v. Jackson, No. 09-497. You can access the ruling at this link and the oral argument transcript at this link.

4. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Holder v. Humanitarian Law Project, No. 08-1498. 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 today granted review in three cases.

In early news coverage, The Associated Press has reports headlined "High court upholds anti-terror law"; "High court lifts ban on biotech alfalfa"; "High court to review mental health advocacy suit"; and "High court rejects drug maker's appeal."
Posted at 10:09 AM by Howard Bashman



"Troy Davis heads back to Savannah": This article appeared yesterday in The Savannah Morning News.

And The Associated Press reports that "Court to hear innocence claim in Ga. death case."
Posted at 09:52 AM by Howard Bashman



"Nazi salute case to help define free speech limits": Paul Elias of The Associated Press has a report that begins, "Robert Norse's Nazi salute lasted fewer than five seconds before he was removed from the Santa Cruz City Council meeting in handcuffs. But the Santa Claus-bearded gadfly's free speech lawsuit against the city has lasted more than six years and may be destined for the U.S. Supreme Court. On Tuesday, the 9th U.S. circuit Court of Appeals will convene a rare 11-judge panel to consider how thick-skinned and tolerant public officials need to be before they can silence and evict dissenters from meetings."
Posted at 09:33 AM by Howard Bashman


"Why the high court's work goes beyond 'balls and strikes'": Donald B. Ayer has this op-ed today in The Washington Post.

And at "The Huffington Post," Seth Stern has an item headlined "When Ideology in Supreme Court Confirmations Goes Too Far."
Posted at 09:28 AM by Howard Bashman



"Kagan Hearing Gives Nominee the Chance to Make Good on Her Call for Candor": Greg Stohr of Bloomberg News has this report.
Posted at 09:25 AM by Howard Bashman


Sunday, June 20, 2010

"Family Court deal: Some Obermayer lawyers knew about Rotwitt's codeveloper role." This article appears today in The Philadelphia Inquirer, along with an editorial entitled "Castille must resign" and an op-ed by columnist Karen Heller entitled "The latest high-court fiasco: Powerful, plugged-in lawyers are hired to probe powerful, plugged-in lawyers."
Posted at 10:16 AM by Howard Bashman


"Under the U.S. Supreme Court: Squeezing BP for damages." Michael Kirkland of UPI has this report.
Posted at 10:11 AM by Howard Bashman


"Bill Clinton Speaks Out on Kagan": This article appears today in The New York Times.

Today's edition of The Washington Post reports that "Records suggest Kagan played small part in settling Harvard-military dispute."

Bill Mears of CNN.com has articles headlined "Kagan e-mails show confident, brassy side to Supreme Court nominee" and "Pentagon had doubts about Kagan over military recruiting on campus."

The Associated Press reports that "Kagan unscathed after revelations from past."

Mike Allen of Politico.com has an article headlined "Dems: E-mail bolsters Kagan."

And columnist Dick Polman of The Philadelphia Inquirer has an essay entitled "As hearing approaches, Elena Kagan an enigma."
Posted at 10:03 AM by Howard Bashman



Saturday, June 19, 2010

"Judge's fate in panel's hands; Whether Sharon Keller followed court procedures in handling of death row appeal debated": Chuck Lindell has this article today in The Austin American-Statesman.

The San Antonio Express-News reports today that "Judge Keller's fate now is in panel's hands."

Dave Montgomery of The Fort Worth Star-Telegram reports that "Panel begins deliberating after hearing on Texas criminal appeals court's top judge."

The Dallas Morning News reports that "Texas judicial panel hears complaint against Keller."

Nathan Koppel of The Wall Street Journal reports that "Texas Agency Weighs Penalty for Judge in Thwarted Appeal."

The Associated Press reports that "Texas judge's career in disciplinary panel's hands."

And Mary Alice Robbins of Texas Lawyer reports that "Sharon Keller Case in Hands of Judicial Conduct Commission; Commission's special counsel tells commission that Texas' top criminal court's presiding judge violated long-standing execution-day protocols."
Posted at 11:02 AM by Howard Bashman



"Kagan's E-Mail at Clinton White House Reveals a Blunt, Savvy Legal Adviser": Adam Liptak and Sheryl Gay Stolberg have this article today in The New York Times. Tomorrow's newspaper, meanwhile, will contain an article headlined "The Kagan Family: Left-Leaning and Outspoken."

Today's edition of The Washington Post contains an article headlined "Kagan's newly released e-mails reveal confident voice in Clinton White House."

James Oliphant of The Los Angeles Times reports that "Clinton library releases Kagan e-mails; The Supreme Court nominee was more of an administrator than provocateur during her time in the Clinton White House, according to the messages."

Jess Bravin of The Wall Street Journal has an article headlined "In Clinton-Era Emails, Glimpses of Kagan's Personality."

At Politico.com, Josh Gerstein reports that "Kagan emails show N.Y. state of mind."

The Associated Press reports that "Kagan's e-mails show dry wit, political savvy."

Laura Litvan and Greg Stohr of Bloomberg News report that "Kagan Demonstrates Political Approach in Clinton Policy Issues."

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Kagan E-mails Released by Clinton Library."
Posted at 10:42 AM by Howard Bashman



Friday, June 18, 2010

"Mental retardation burden of proof in death cases unconstitutional": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "The burden that Georgia places on death-penalty defendants to prove they are mentally retarded -- and thus ineligible for execution -- is unconstitutional, the federal appeals court in Atlanta ruled Friday."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 10:55 PM by Howard Bashman



"Kagan and Shariah: Supreme court nominee displays selective moral outrage." This editorial appears today in The Washington Times.
Posted at 05:30 PM by Howard Bashman


"High Court Rules On Beaches, Texting, Labor Board": Nina Totenberg had this audio segment on today's broadcast of NPR's "Morning Edition."

And yesterday evening's broadcast of the PBS program "NewsHour" contained a segment entitled "Supreme Court Hands Down Rulings on Labor, Privacy, Property Cases" featuring Marcia Coyle.
Posted at 05:22 PM by Howard Bashman



"Supreme Court rules on employer monitoring of cellphone, computer conversations": Robert Barnes has this article today in The Washington Post.

In today's edition of USA Today, Joan Biskupic reports that "Court upholds search of police officer's texts; Places limits on government workers' privacy."

The Press-Enterprise of Riverside, California has an article headlined "Can't assume government-sent messages are private."

The Washington Times reports that "Court rejects privacy of texter in narrow ruling."

The Kansas City Star reports that "Supreme Court ruling finds messages sent on employer-provided equipment not private."

And Tony Mauro of The National Law Journal reports that "Supreme Court Allows Search of Employee's City-Owned Pager."
Posted at 05:11 PM by Howard Bashman



"Texas judge goes before panel with career on line": The Associated Press has a report that begins, "Prosecutors say Sharon Keller is 'not the right person' to be the highest-ranking criminal judge in Texas if she can't admit she wrongly turned away a death row inmate's attorneys the night of his execution."
Posted at 02:33 PM by Howard Bashman


"Justices Debate Issues in an Oceanfront Case": Adam Liptak has this article today in The New York Times. The newspaper also contains an editorial entitled "Common Sense and Private Property."

In today's edition of The Washington Post, Robert Barnes reports that "Supreme Court rules Fla. beach work doesn't affect property owners' rights."

David G. Savage of The Los Angeles Times reports that "Supreme Court rejects Florida beach owners' claim; Justices rule that Florida law trumps property rights in a case in which the state added sand to an eroding beach, turning oceanfront property into ocean-view property."

Joan Biskupic of USA Today reports that "Justices rule against Florida landowners in beach dispute."

Michael Doyle of McClatchy Newspapers reports that "Florida beachfront landowners lose in Supreme Court tie."

Warren Richey of The Christian Science Monitor reports that "Supreme Court rules against homeowners in Florida beach dispute; The Supreme Court ruled against a group of waterfront property owners who said the state of Florida owed them money because it pumped sand onto beaches eroded by storms, lowering property values."

The St, Petersburg Times reports that "Supreme Court decision backs beach renourishment."

The Palm Beach Post reports that "Beachfront owners lose Supreme Court case over property rights."

The Northwest Florida Daily News has an article headlined "Supreme Court: Restoring beaches is not 'taking' private property."

And on yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "High Court Rules Against Beachfront Homeowners."
Posted at 11:55 AM by Howard Bashman



"National Labor Relations Board decisions were illegal, Supreme Court rules": This article appears today in The Washington Post.

Andrew Seidman of McClatchy Newspapers reports that "Supreme Court casts doubt on hundreds of NLRB rulings."

And Marcia Coyle of The National Law Journal reports that "High Court Finds Hundreds of Labor Cases Were Improperly Decided."
Posted at 11:40 AM by Howard Bashman



"Bid to end senators' 'secret holds' advances": David Goldstein of McClatchy Newspapers has this report.
Posted at 11:25 AM by Howard Bashman


"Dawn Johnsen: 'I Have No Regrets.'" David Ingram had this post last night at "The BLT: The Blog of Legal Times."
Posted at 11:14 AM by Howard Bashman


"Wone conspiracy case moves forward, D.C. judge rules": Today's edition of The Washington Post contains an article that begins, "A D.C. Superior Court judge's decision Thursday to allow the Robert Wone conspiracy trial to move forward without any major acquittals sent defense attorneys racing to revise their strategy and coordinate witnesses for the rest of the proceedings."
Posted at 11:10 AM by Howard Bashman


"A Second Chance for Joshua": At the "Opinionator" blog of The New York Times, Linda Greenhouse has a post that begins, "Two Republican senators find the memos that Elena Kagan wrote as a Supreme Court law clerk to be mysteriously 'troubling.'"

And The Associated Press reports that "Kagan's e-mails to go public as hearings approach."
Posted at 10:00 AM by Howard Bashman



"Gardner executed: 25 years on death row ends in hail of bullets." This article appears today in The Salt Lake Tribune, along with articles headlined "Firing squad: An eyewitness account of Gardner's execution; Tribune reporter was one of nine media witnesses"; "Two loud bangs end 25 years on death row for Gardner"; "For a condemned killer's family, one final visit; Loved ones say he's 'at peace'"; "How Gardner spent his final hours"; and "Protesters pray, plead for end to capital punishment; They lament Utah has death penalty but keep hope."

Today's edition of The Deseret News contains articles headlined "Gardner's life ends with hardly a word; Witnesses not certain he died immediately"; "Brother, daughter allowed 1 last hug through prison bars"; "Families, strangers commemorate Ronnie Lee Gardner's death differently"; and "9 remain on Utah's death row; the next to be executed is unclear."

The New York Times reports that "Utah Executes Murderer by Firing Squad."

CNN.com reports that "Gardner executed by firing squad."

And The Associated Press reports that "Utah firing squad executes convicted killer."
Posted at 09:57 AM by Howard Bashman



Thursday, June 17, 2010

"Judiciary chairman expects July vote for Kagan": The Associated Press has this report.
Posted at 08:40 PM by Howard Bashman


"History favors Texas judge facing possible removal": The Associated Press has a report that begins, "When Texas Judge Sharon Keller answers charges Friday of callously closing her courtroom to a man on death row, she could join the disgraced list of Texas jurists not indicted but still taken off the bench."
Posted at 07:25 PM by Howard Bashman


"Stevens' Recusal Makes Difference in Florida Property Ruling": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 05:37 PM by Howard Bashman


"Court Says Public Owns Restored Beaches": Jess Bravin of The Wall Street Journal has this news update.
Posted at 03:36 PM by Howard Bashman


"Justices Allow Search of Work-Issued Pager": Adam Liptak of The New York Times has this news update.

And Warren Richey of The Christian Science Monitor reports that "Supreme Court backs police department that read employee's texts; A police sergeant was using a work-issued pager to send sexually explicit texts; The Supreme Court ruled Thursday that the police department was entitled to read his messages."
Posted at 03:06 PM by Howard Bashman



"Choreographing Kagan's path to confirmation": The Associated Press has this report.
Posted at 02:11 PM by Howard Bashman


"Supreme Court rules in text-messaging, property rights cases": Robert Barnes of The Washington Post has this news update.

And David G. Savage of The Los Angeles Times has a news update headlined "Justices rule in favor of California police chief who read employee's texts; The Supreme Court says the Ontario employer's perusal of an officer's sexually explicit messages, sent on his work pager, is justified and didn't violate the 4th Amendment."
Posted at 02:10 PM by Howard Bashman



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

1. Justice Sonia Sotomayor delivered the opinion of the Court in Dillon v. United States, No. 09-6338. 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 Schwab v. Reilly, No. 08-538. 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 Ontario v. Quon. No. 08-1332. You can access the ruling at this link and the oral argument transcript at this link.

4. Justice Antonin Scalia announced the judgment of the Court in Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection, No. 08-1151. You can access the ruling at this link and the oral argument transcript at this link.

5. And Justice John Paul Stevens delivered the opinion of the Court in New Process Steel, L.P. v. NLRB, No. 08-1457. You can access the ruling at this link and the oral argument transcript at this link.

In early news coverage, The Associated Press has reports headlined "Court rules text message search legal"; "Fla. homeowners lose beach dispute at high court"; and "Court: 2-person labor board can't make decisions."
Posted at 10:04 AM by Howard Bashman



"Prop. 8 gay-marriage trial goes to judge in California": The Sacramento Bee contains this article today.

In today's edition of The San Francisco Chronicle, Bob Egelko has an article headlined "Prop. 8 backers: Marriage promotes procreation."

The Los Angeles Times reports that "Judge poses weighty questions as Proposition 8 trial closes; Attorneys present closing arguments for and against California's ban on same-sex marriage; Judge grills them for hours on the substantial sexual, social, legal and historical issues intrinsic to the case."

Howard Mintz of The San Jose Mercury News has an article headlined "Prop 8 trial: Judge troubled by lack of evidence from defense."

The New York Times has an article headlined "Closing Arguments in Marriage Trial."

Robert Barnes of The Washington Post reports that "California court hears closing arguments in same-sex marriage case."

The Wall Street Journal reports that "Gay-Marriage Trial Wraps Up; Lawyers Give Closing Arguments in Fight Over California Measure Prohibiting Same-Sex Weddings."

Dan Levine of The Recorder has an article headlined "Where's the Evidence? Judge Asks Proposition 8 Supporters; Packed San Francisco courtroom hears highly anticipated closing arguments in same-sex marriage case."

The Associated Press reports that "Lawyers give final arguments in gay marriage case."

And from National Public Radio, today's broadcast of "Morning Edition" contained an audio segment entitled "Judge To Take Weeks To Rule On Gay Marriage," while yesterday evening's broadcast of "All Things Considered" contained an audio segment entitled "Lawyers Make Final Arguments In Gay Marriage Case."
Posted at 09:57 AM by Howard Bashman



"Utah convict's choice of firing squad focuses spotlight on death penalty": This article appears today in The Kansas City Star.
Posted at 09:47 AM by Howard Bashman


"The Supreme Court's personal touch: Cases are chosen with broad principles in mind, but the decisions still can right very specific wrongs; Two rulings this week illustrate how." The Los Angeles Times contains this editorial today.
Posted at 09:42 AM by Howard Bashman


"Prosecution rests in Wone trial; judge to rule Thursday on dismissing charges": This front page article appears today in The Washington Post.
Posted at 09:36 AM by Howard Bashman


Wednesday, June 16, 2010

"US court tosses protester's arrest at Liberty Bell": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 07:50 PM by Howard Bashman


"Nowhere To Hide: Ignoring Maher Arar won't make his torture claims go away." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 07:34 PM by Howard Bashman


"Should Retired Justices Be Called Back to Supreme Court?" At "The BLT: The Blog of Legal Times," David Ingram has a post that begins, "Sen. Patrick Leahy (D-Vt.) is thinking about proposing legislation that would allow a retired U.S. Supreme Court justice to sit in a case when a current justice has recused -- in what would be a major shift in how the Court operates."
Posted at 05:45 PM by Howard Bashman


The Constitution and Souter: He seems to believe that judges have the last word -- rather than our founding document; Let's hope Kagan feels otherwise." David B. Rivkin Jr. and Lee A. Casey have this op-ed today in USA Today.
Posted at 04:44 PM by Howard Bashman


"Prosecution Rests in Robert Wone Case": Julio Menache has this post at "The BLT: The Blog of Legal Times."
Posted at 03:27 PM by Howard Bashman


"Deans defend Kagan on diversity": Josh Gerstein has this post at his "Under the Radar" blog at Politico.com.
Posted at 03:24 PM by Howard Bashman


"We must decide whether the system that Illinois is using to fill a famous vacancy in one of its senate slots has strayed so far from the mark that a preliminary injunction should have been entered by the district court." A lawsuit brought by two registered voters in Illinois alleging a violation of their rights guaranteed by the 17th Amendment to the U.S. Constitution gives rise to a ruling that a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued today.
Posted at 03:10 PM by Howard Bashman


"Lawyer: Gays denied right by Calif marriage ban." The Associated Press has a report that begins, "The landmark federal trial over the constitutionality of California's gay marriage ban resumed Wednesday, with a lawyer arguing that supporters of the ban were trying to deprive same-sex couples of a relationship the U.S. Supreme Court has recognized as a fundamental right."
Posted at 02:50 PM by Howard Bashman


"Experts argue firing squad is a humane execution": The Associated Press has this report.
Posted at 02:47 PM by Howard Bashman


"Push for court diversity hits snag; Partisan rancor ties up action on Obama nominees": Joan Biskupic has this front page article today in USA Today.
Posted at 10:45 AM by Howard Bashman


En banc Tenth Circuit divides 6-5 over what is the proper standard for identifying a dependent Indian community under federal law: You can access yesterday's en banc ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.

Two separate dissenting opinions, including one in which all five dissenting judges have joined, assert that the question presented is deserving of U.S. Supreme Court review.
Posted at 10:38 AM by Howard Bashman



Majority on divided three-judge Third Circuit panel holds that Verizon cannot evade its settlement of a class action despite new federal legislation, enacted before final approval of the settlement, eliminating plaintiffs' cause of action: You can access yesterday's ruling of the U.S. Court of Appeals for the Third Circuit at this link.

This case would seem to be a strong candidate for either rehearing en banc or U.S. Supreme Court review if Verizon decides to continue to pursue its challenge to the settlement.
Posted at 10:32 AM by Howard Bashman



"Closing arguments set in Calif. gay marriage trial": The Associated Press has this report.
Posted at 10:14 AM by Howard Bashman


"Law-school academics come out in support of Kagan for high court": Bill Mears of CNN.com has this report.

Warren Richey of The Christian Science Monitor reports that "Top law school deans endorse Supreme Court nominee Elena Kagan; Deans of 68 major law schools endorsed Supreme Court nominee Elena Kagan; Her experience heading the Harvard Law School prepared her to decide some of the country's toughest issues, they say."

And today's edition of The Milwaukee Journal Sentinel reports that "MU's law dean praises Kagan; Marquette's Kearney says court nominee is a fine lawyer."
Posted at 08:45 AM by Howard Bashman



"Closing arguments begin in Calif. trial on same-sex marriage": Robert Barnes of The Washington Post has this news update.

And in today's edition of The San Francisco Chronicle, Bob Egelko reports that "Prop. 8 backers target 18,000 same-sex marriages."
Posted at 08:40 AM by Howard Bashman



"Conspiracy trial in Wone killing shifts focus": This article appears today in The Washington Post.
Posted at 08:27 AM by Howard Bashman


"Full 11th Circuit Wrestles With Home Depot Sex Harassment Suit; Judges debate how court's earlier decisions in case fit with landmark ruling favoring plaintiffs": Andy Peters of the Fulton County Daily Report has this article.
Posted at 07:58 AM by Howard Bashman


Tuesday, June 15, 2010

"Prop. 8 judge wants a discussion of 'choice' in sexual orientation; Closing arguments in the constitutionality case are due Wednesday; Lawyers have been told to address specific issues": Maura Dolan has this article today in The Los Angeles Times.

And today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Lawyers To Wrap Up Gay-Marriage Trial."
Posted at 11:18 AM by Howard Bashman



"Fellow law school deans embrace Kagan for court": The Associated Press has this report.
Posted at 11:16 AM by Howard Bashman


"Federal appeals court reinstates charges against L.A. attorney Pierce O'Donnell; The prosecutors plan to move forward with the 2004 John Edwards campaign finance case": Scott Glover has this article today in The Los Angeles Times.

And law.com reports that "9th Circuit Reinstates Campaign Finance Charges Against Pierce O'Donnell."

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 11:14 AM by Howard Bashman



"Families in 9/11 Financing Case Ask to Have Judge Replaced": Today's edition of The New York Times contains an article that begins, "Lawyers for families of 9/11 victims have taken the unusual legal step of asking a federal appeals court in Manhattan to replace a judge overseeing a group of terrorism-financing lawsuits, saying he is moving too slowly in resolving key motions."
Posted at 10:54 AM by Howard Bashman


"Justices Ease Deportation Rule in Minor Drug Cases": Adam Liptak has this article today in The New York Times. The newspaper also contains an editorial entitled "A Good Day for Judicial Discretion."

In today's edition of The Washington Post, Robert Barnes has an article headlined "No automatic deportation of immigrants for minor drug offenses, justices rule."

David G. Savage of The Los Angeles Times has articles headlined "Court blocks deportation over minor drug convictions; The justices rule that a legal Texas resident's two possession arrests do not constitute an 'aggravated felony' and that he should not have been sent to Mexico" and "U.S. Supreme Court to rule on California inmate release; Ordered by federal judges to free 46,000 prisoners to relieve overcrowding, Gov. Schwarzenegger sought the top court's intervention; The case will be heard this fall and a ruling is expected early next year."

Bob Egelko of The San Francisco Chronicle reports that "High court to rule on state inmate reductions."

Howard Mintz of The San Jose Mercury News reports that "U.S. Supreme Court to hear California prison overcrowding case."

Denny Walsh of The Sacramento Bee reports that "U.S. Supreme Court to hear California prison population case."

Michael Doyle of McClatchy Newspapers reports that "Supreme Court eases restriction on prisoners' appeals."

Warren Richey of The Christian Science Monitor has articles headlined "Supreme Court to hear California prison overcrowding case; A federal panel ordered the release of 38,000 from California's prisons to alleviate strain on inmate health care; Gov. Schwarzenegger wants the Supreme Court to overturn the order"; "Supreme Court gives hope to some death-row inmates; The Supreme Court ruled Monday that, under extraordinary circumstances, courts should accept death row appeals even after a one-year statute of limitations has expired"; "Supreme Court: judges have leeway on criminal restitution deadline; A federal law mandates that judges decide restitution in criminal cases within 90 days of sentencing; But the Supreme Court ruled Monday that judges could impose the dollar figure after the deadline so long as they said beforehand that they were going to order restitution"; and "Supreme Court refuses Maher Arar torture case; The US Supreme Court declined to take the case of Canadian citizen Maher Arar, who alleged that US officials deported him to Syria in 2002 knowing he would be tortured during terrorism interrogations."

Tony Mauro of The National Law Journal reports that "Supreme Court Delivers Rare Victory to Death Penalty Defendants." And Marcia Coyle reports that "High Court Lets Government Take Fee Awards for Clients' Debts."
Posted at 10:50 AM by Howard Bashman



"Few attend court disposition of Unabomber's writings": Denny Walsh has this article today in The Sacramento Bee.
Posted at 10:32 AM by Howard Bashman


"Trial looks at knife allegedly used in Wone death": This article appears today in The Washington Post.

And at "The BLT: The Blog of Legal Times," Julio Menache has a post titled "Friend of Defendants Testifies in Robert Wone Trial."
Posted at 10:20 AM by Howard Bashman



"Governor Rebuffs Clemency Board in Murder Case": Adam Liptak has this new installment of his "Sidebar" column in today's edition of The New York Times.
Posted at 10:17 AM by Howard Bashman


"If Chicago's gun control law is overturned, what next? The Supreme Court will decide soon if Chicago's controversial handgun ban is unconstitutional; Both sides say such a decision would spur a slew of challenges to gun control laws elsewhere." The Christian Science Monitor has this report.
Posted at 10:08 AM by Howard Bashman


"Lawyer: Yoo not liable for prisoner's torture." Bob Egelko has this article today in The San Francisco Chronicle.

And Dan Levine of The Recorder reports that "9th Circuit Appears Divided on Torture Suit Against Former DOJ Attorney."

You can access the audio of yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit via this link (6.98MB Windows Media Audio file).
Posted at 10:03 AM by Howard Bashman



"As Aide, Kagan Battled Colleague Over Policy": This article appears today in The New York Times.

And at that newspaper's "Opinionator" blog, Stanley Fish has a post titled "Styles of Judging: The Rhetoric and the Reality."
Posted at 09:45 AM by Howard Bashman



Monday, June 14, 2010

Ninth Circuit reinstates charges against Los Angeles attorney Pierce O'Donnell for violating federal campaign laws by allegedly asking employees of his law firm to contribute to the 2004 presidential campaign of John Edwards and then reimbursing those who did: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

The Los Angeles Times reported on this matter in two articles (here and here) published in July 2008.

And the FBI's news release from July 2008 announcing the indictment was headlined "Prominent Los Angeles Attorney Indicted for Making 'Conduit Contributions' to a Federal Election Campaing."
Posted at 03:38 PM by Howard Bashman



"Federal court defines role of politics in judicial races": The Milwaukee Journal Sentinel has a news update that begins, "Wisconsin judges can join political parties but cannot endorse partisan candidates or directly solicit campaign donations, a federal appeals court ruled Monday."

You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 03:22 PM by Howard Bashman



"Torture Memo Author's Lawyers Request Lawsuit Be Dismissed": Bay City News has a report that begins, "A federal appeals court in San Francisco grappled Monday with whether to allow a former military prisoner to sue a University of California law professor for writing memos that allegedly led to his torture."
Posted at 03:10 PM by Howard Bashman


"English Muffin-maker guards `nooks and crannies'": The Associated Press has this report on a case that is now pending on appeal before the U.S. Court of Appeals for the Third Circuit.
Posted at 12:14 PM by Howard Bashman


"Justice Clarence Thomas seems bored. Why doesn't he run for president in 2012?" Kashmir Hill and David Lat had this op-ed yesterday in The Washington Post.
Posted at 11:27 AM by Howard Bashman


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

1. Justice Stephen G. Breyer delivered the opinion of the Court in Dolan v. United States, No. 09-367. You can access the ruling at this link and the oral argument transcript at this link.

2. Justice Breyer also delivered the opinion of the Court in Holland v. Florida, No. 09-5327. You can access the ruling at this link and the oral argument transcript at this link.

3. Justice Clarence Thomas delivered the opinion of the Court in Astrue v. Ratliff, No. 08-1322. You can access the ruling at this link and the oral argument transcript at this link.

4. And Justice John Paul Stevens delivered the opinion of the Court in Carachuri-Rosendo v. Holder, No. 09-60. You can access the opinion 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 three cases and postponed resolving the question of jurisdiction in a direct appeal case.

In early news coverage, The Associated Press has reports headlined "Court to review Calif. plan to cut prison numbers"; "Court to decide whether to reinstate death penalty"; "High court rejects appeal in rendition case"; "High court sides with immigrant with minor record"; and "Court won't get involved in fight over adult store."
Posted at 10:05 AM by Howard Bashman



"David Souter's Bad Constitutional History: The former justice's logic would justify Plessy v. Ferguson." Law professors John O. McGinnis and Michael B. Rappaport have this op-ed today in The Wall Street Journal. You can freely access the full text of the op-ed via Google News.
Posted at 08:17 AM by Howard Bashman


"Lawyer for court also aided Foxwoods; Jeffrey B. Rotwitt took casino cases before Justice Ronald D. Castille while working on the Family Court deal for him": This article appears today in The Philadelphia Inquirer.
Posted at 08:10 AM by Howard Bashman


"Who should control California's prison budget? U.S. Supreme Court may weigh in; Judges have been intervening in prison management to mandate reforms, taking control from state corrections officials; Overcrowding is at the center of the case": Carol J. Williams had this article yesterday in The Los Angeles Times.
Posted at 08:07 AM by Howard Bashman


"Olson surprises many conservatives by seeking to overturn gay-marriage ban": Robert Barnes has this article today in The Washington Post.

Today in The San Jose Mercury News, Howard Mintz reports that "Proposition 8 trial reaches final stage."

And The Sacramento Bee contains a front page article headlined "Proposition 8 case over gay marriage reaches arguments."
Posted at 07:58 AM by Howard Bashman



"Financial records show justices enjoy overseas travel": Bill Mears of CNN.com has this report.

Saturday's edition of The New York Times reported that "Supreme Court Runs Financial Gamut."

And at "The BLT: The Blog of Legal Times," David Ingram has a post titled "Souter Gets a Kindle."
Posted at 07:54 AM by Howard Bashman



"Under the U.S. Supreme Court: Fertile ground for Tea Party growth." Michael Kirkland of UPI has this report.
Posted at 07:50 AM by Howard Bashman


Sunday, June 13, 2010

"Relevance of Kagan's work as clerk on Supreme Court debated": Robert Barnes will have this article in Monday's edition of The Washington Post.

Today's edition of The New York Times contains an editorial entitled "Elena Kagan's White House Years."

And The Associated Press has reports headlined "Kagan confirmation would affect major tobacco case"; "Kagan would sit out some big Supreme Court cases"; and "Ruby Ridge: Kagan focus as 1996 re-election loomed."
Posted at 10:40 PM by Howard Bashman



Saturday, June 12, 2010

"Supreme Court hears arguments in O.J. Simpson appeal; Black potential jurors' dismissal among issues": This article appears today in The Las Vegas Review-Journal.

And The Los Angeles Times reports today that "Nevada Supreme Court hears O.J. Simpson appeal; Almost everything about his robbery and kidnapping trial was flawed, his attorney argues."
Posted at 02:28 PM by Howard Bashman



"Sotomayor votes reliably with Supreme Court's liberal wing; Those who thought the new justice might be to the right of her predecessor so far have been proved wrong": David G. Savage of The Los Angeles Times has this report.
Posted at 02:10 PM by Howard Bashman


"Rehnquist Was Asked to Review Wiretapping Program": The New York Times contains this article today.
Posted at 01:57 PM by Howard Bashman


"Newly released Kagan papers show a flair for the political": This article appears today in The Washington Post.

At Politico.com, Josh Gerstein reports that "New documents show political Kagan."

And The Associated Press has reports headlined "Kagan had role in Clinton White House's big fights"; "Documents show Kagan a political pragmatist"; and "Kagan to Clinton in '99: Thanks for the nomination."
Posted at 11:30 AM by Howard Bashman



"Arbitration Showdown Looms Between Congress, Supreme Court; Congress, high court take opposing views of mandatory agreements": Marcia Coyle of The National Law Journal has this report.
Posted at 11:20 AM by Howard Bashman


Friday, June 11, 2010

"Kagan Worked on Jones Suit for Clinton": Jess Bravin will have this article Saturday in The Wall Street Journal.

David G. Savage and James Oliphant of The Los Angeles Times have a news update headlined "Kagan backed Clinton in Whitewater dispute; Memos show the Supreme Court nominee argued in 1995 for attorney-client privilege between the president and his lawyers."

At "The BLT: The Blog of Legal Times," Marcia Coyle has a post titled "Kagan Helped Build Clinton's Whitewater Privilege Defense."

And The Washington Post has a news update headlined "Most Americans support Kagan's nomination to Supreme Court, poll finds."
Posted at 10:12 PM by Howard Bashman



"Closing Arguments Due in Gay-Marriage Case; Legal Appeals, Political Fight Will Keep Issue Alive After California Judge Rules": This article will appear Saturday in The Wall Street Journal.
Posted at 10:07 PM by Howard Bashman


"Gov. Charlie Crist vetoes ultrasound abortion bill": The Miami Herald has a news update that begins, "As he positions himself to the center in the U.S. Senate race, Gov. Charlie Crist on Friday vetoed a measure requiring most women to pay for an ultrasound and hear a description of the fetus before they can have an abortion."
Posted at 09:54 PM by Howard Bashman


"Obama Takes a Hard Line Against Leaks to Press": This article will appear Saturday in The New York Times.
Posted at 09:52 PM by Howard Bashman


"Restoring leadership and integrity to the Office of Legal Counsel": Law professor Dawn Johnsen has this op-ed today in The Washington Post.
Posted at 04:05 PM by Howard Bashman


"Bonds prosecutors lose key court ruling": Bob Egelko of The San Francisco Chronicle has a news update that begins, "A federal appeals court dealt a blow today to the perjury case against home run king Barry Bonds, ruling that prosecutors can't use evidence of three positive steroid tests because Bonds' trainer refused to testify about them."

And The Associated Press reports that "Appeals court sides with Bonds."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 03:02 PM by Howard Bashman



"Kagan Took Broad View of Religious Freedom": The New York Times has this news update.

Bill Mears of CNN.com reports that "Kagan documents reveal involvement in Whitewater negotiations."

And The Associated Press reports that "Kagan role in Clinton sex harassment suit withheld."
Posted at 03:00 PM by Howard Bashman



The Associated Press is reporting: Now available online are articles headlined "As Clinton counsel, Kagan defended religion rights" and "Chief justice compliments Sotomayor, Stevens."
Posted at 12:54 PM by Howard Bashman


"Panel named to hear Yoo appeal": Josh Gerstein has this post at his "Under the Radar" blog at Politico.com. The oral argument is scheduled to occur on Monday at the San Francisco headquarters of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 11:24 AM by Howard Bashman


"Impeached Federal Judge Boosts Legal Team": David Ingram of The National Law Journal has this report.

And law professor Jonathan Turley has a blog post titled "Turley Joins Porteous Defense as Co-Lead Counsel."
Posted at 10:03 AM by Howard Bashman



"No TV for closing arguments in Prop. 8 trial": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 10:00 AM by Howard Bashman


Thursday, June 10, 2010

"Leading GOP senators blast Kagan's work as clerk": The Associated Press has this report.
Posted at 05:55 PM by Howard Bashman


"Today, President Obama nominated James E. Graves, Jr. to serve on the United States Court of Appeals for the Fifth Circuit." So begins a news release that the White House issued today. The nominee currently serves as a Justice on the Supreme Court of Mississippi.
Posted at 05:30 PM by Howard Bashman


"Liberal group: Pro-business tilt on Roberts court." Mark Sherman of The Associated Press has this article. The report referenced in the article's headline can be accessed here.
Posted at 03:28 PM by Howard Bashman


"Senate panel approves Matheson for federal appeals court; But Arizona senator expresses reservations about nominee's war-on-terror writings": The Salt Lake Tribune has this news update.
Posted at 02:31 PM by Howard Bashman


"Chatigny Clears Senate Committee": The Hartford Courant has this news update.

Alexander Bolton of The Hill has a news update headlined "Judiciary advances circuit court nominee after bitter fight over serial-killer case."

And at "The BLT: The Blog of Legal Times," David Ingram has a post titled "Polarized Vote Advances Nominee for 2nd Circuit."
Posted at 02:30 PM by Howard Bashman



They predicted this would happen: Today, the Court of Appeals of Maryland -- that State's highest court -- struck down on First Amendment grounds a Montgomery County, Maryland ordinance that prohibits accepting anything of value in exchange for fortunetelling. You can access today's ruling at this link.

Update: Last August, as I previously noted here, The Washington Post published an article about the man who brought this lawsuit.
Posted at 09:55 AM by Howard Bashman



"Kagan has many achievements, but her world has been relatively narrow": Ann Gerhart and Philip Rucker have this article today in The Washington Post.

The Boston Globe reports today that "Groups seek forum by fighting Kagan; See chance to raise cash and profiles."

The Oklahoman contains an article headlined "Sen. Tom Coburn meets Supreme Court nominee Elena Kagan, criticizes process for confirming high court justices; GOP Sen. Tom Coburn of Oklahoma says Senate Judiciary Committee can't rely on what nominees tell them because Sonya Sotomayor said one thing and did another."

The Associated Press has a report headlined "Coming Friday: 30,000 more pages of Kagan files."

And The Washington Times has an editorial entitled "Kagan's threat to gun owners: Nominee has a past that is opposed to individual self-defense."
Posted at 07:40 AM by Howard Bashman



Hagan meets Kagan: Details here.
Posted at 07:32 AM by Howard Bashman


Wednesday, June 9, 2010

"Court OKs ban on day laborers soliciting work": Bob Egelko of The San Francisco Chronicle has this news update.

The Daily Breeze of Torrance, California has a news update headlined "Court gives Redondo Beach OK to arrest day laborers soliciting work."

Carol J. Williams of The Los Angeles Times has a blog post titled "Day-labor crackdown in Redondo Beach is legal, appeals court rules."

And The Associated Press reports that "Court OKs Calif. city's day laborer crackdown."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link. This case may be a strong candidate for rehearing en banc as the dispositive vote on the three-judge panel came from a U.S. District Judge sitting by designation.
Posted at 08:54 PM by Howard Bashman



"It's Complicated: David Souter finally tells Americans to grow up." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:06 PM by Howard Bashman


"Police Surveillance Records May Stay Secret, Judges Say": The "City Room" blog of The New York Times has a post that begins, "Reversing a lower court ruling, a panel of federal judges on Wednesday decided that the city can keep secret roughly 1,800 pages of records of police surveillance leading up to the 2004 Republican National Convention in New York."

And The Associated Press reports that "NY appeals court tosses ruling on RNC surveillance."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 07:52 PM by Howard Bashman



"Court rules against Ky. Commandment displays": The Cincinnati Enquirer has a news update that begins, "Displays of the Ten Commandments in two Kentucky courthouses ran afoul of the U.S. Constitution because their purpose was to promote religion, an appeals court in Cincinnati ruled Wednesday."

And The Associated Press reports that "Split court upholds ban on 10 Commandments in Ky."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 07:32 PM by Howard Bashman



"Executioner: Death by firing squad is '100 percent justice.'" CNN.com has this report.
Posted at 03:27 PM by Howard Bashman


"Interest groups see opportunity in Kagan fight": The Associated Press has this report.
Posted at 03:12 PM by Howard Bashman


"Kagan's Attitude Toward Military Faces Scrutiny": This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."

At WSJ.com's "Law Blog," Jess Bravin has a post titled "Kagan's Brushes With the Boldfaced (While a Supreme Court Clerk)."

And at "The BLT: The Blog of Legal Times," David Ingram has a post titled "Dellinger: Kagan is no Souter."
Posted at 07:45 AM by Howard Bashman



"Justices Block Matching Funds for Candidates in Arizona": Adam Liptak has this article today in The New York Times.

Today in The Washington Post, Robert Barnes reports that "Arizona blocked from subsidizing state candidates facing privately funded foes."

In The Los Angeles Times, David G. Savage and Jennifer Martinez report that "Supreme Court curbs Arizona public funding in elections; The emergency order, coming in the midst of the state primary campaign, prevents Arizona from giving additional funds to candidates who forgo private financing and are vastly outspent by rivals."

The Arizona Republic reports that "Supreme Court blocks Arizona candidates' matching funds."

And The Arizona Daily Star reports that "Clean Elections funds blocked."
Posted at 07:38 AM by Howard Bashman



Tuesday, June 8, 2010

"US court dismisses 1998 Sudan missile strike suit": James Vicini of Reuters has this report.

The Associated Press reports that "Judges side with US against Sudan factory owners."

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "In Defamation Suit, D.C. Circuit Rules En Banc for Government."

You can access today's en banc ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 07:45 PM by Howard Bashman



"At inmate's request, Utah prepares firing squad": The Associated Press has this report.
Posted at 03:46 PM by Howard Bashman


"What Kagan Should Say: Elena Kagan should use her confirmation hearings to defend the Constitution. All of it." Doug Kendall and Jim Ryan have this jurisprudence essay online at Slate.
Posted at 03:24 PM by Howard Bashman


Programming note: Due to the Continuing Legal Education course that I will be speaking at later this morning, additional posts will appear here this afternoon. My topic of discussion is presenting oral argument on appeal.
Posted at 06:27 AM by Howard Bashman


Monday, June 7, 2010

U.S. District Judge's law review article provides no grounds for recusal on mandamus review, Seventh Circuit rules: According to an opinion issued today, the paint manufacturer "Sherwin-Williams argues that a law review article co-written by Judge Adelman creates an appearance that the judge will decide the case other than on the merits."

Today's ruling, by a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, disagrees and finds that recusal of the trial judge is not merited for having written a law review article about a state court ruling that may control the outcome of issues in a case now pending before that judge.
Posted at 01:58 PM by Howard Bashman



"Supreme Court Declines to Hear NEA's Challenge to NCLB": Mark Walsh has this post at the "School Law" blog of Education Week.
Posted at 01:44 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 three decisions in argued cases.

1. Justice Sonia Sotomayor delivered the opinion of the Court in Krupski v. Costa Crociere S.p.A., No. 09-337. You can access the ruling at this link and the oral argument transcript at this link.

2. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Hamilton v. Lanning, No. 08-998. You can access the ruling at this link and the oral argument transcript at this link.

3. And Justice Stephen G. Breyer delivered the opinion of the Court in Barber v. Thomas, No. 09-5201. You can access the ruling at this link and the oral argument transcript at this link.

The Court today also issued a brief, unanimous per curiam opinion in United States v. Juvenile Male, No. 09-940, certifying a question to the Supreme Court of Montana. And Justice Sotomayor issued a statement respecting the denial of certiorari in Wrotten v. New York, No. 09-9634.

You can access today's Order List at this link. The Court did not grant review in any cases, nor did the Court request the views of the Solicitor General in any cases.

In early news coverage, The Associated Press reports that "High court turns down No Child Left Behind case" and "Court won't hear Clinton pay lawsuit."

And at "SCOTUSblog," Lyle Denniston has a post titled "Sex offender issue on hold."
Posted at 10:07 AM by Howard Bashman



"Calif. text case may affect Kilpatrick suit; High court to weigh privacy rights after firm turns over cop's messages to officials": This article appears today in The Detroit News.
Posted at 09:48 AM by Howard Bashman


"'Boring' nominee stays under radar": Politico.com has a report that begins, "Elena Kagan's Supreme Court confirmation process has been so overshadowed by other events and issues, her name barely came up during President Barack Obama's contentious lunch with Senate Republicans late last month."

Online at The New Yorker, Hendrik Hertzberg has a blog post titled "Elena Kagan's Not-So-Final Conflict."

And in today's issue of National Review magazine, Edward Whelan has an essay entitled "The Blankest Slate."
Posted at 09:40 AM by Howard Bashman



Sunday, June 6, 2010

"Despite adjustments, court harried in June": Joan Biskupic will have this article Monday in USA Today.
Posted at 08:47 PM by Howard Bashman


"Under the U.S. Supreme Court: Kagan headed for OK Corral." Michael Kirkland of UPI has this report.
Posted at 08:37 PM by Howard Bashman


Saturday, June 5, 2010

"Documents offer sketchy clues to pragmatic Kagan": Mark Sherman of The Associated Press has this report.
Posted at 11:37 PM by Howard Bashman


"Justice Souter's Counsel": This editorial appears today in The New York Times.

And at the "Opinionator" blog of The New York Times, Linda Greenhouse has a post titled "Justice Souter's Class."
Posted at 04:42 PM by Howard Bashman



"Papers covering Elena Kagan's time as Clinton adviser released": Robert Barnes and Amy Goldstein have this article today in The Washington Post.

In today's edition of The Los Angeles Times, James Oliphant, David G. Savage and Richard A. Serrano have an article headlined "Records portray Supreme Court nominee Elena Kagan as a pragmatist; The documents detail her four-year tenure in the White House as a lawyer and advisor to President Clinton; They appear unlikely to fortify Republican efforts to derail her nomination."

The New York Times contains an article headlined "Glimpses of Kagan's Views in Clinton White House."

In The Wall Street Journal, Jess Bravin and Naftali Bendavid have an article headlined "Clinton-Era Kagan Documents Are Released."

At Politico.com, Josh Gerstein has an article headlined "Elena Kagan voice of caution."

And The Associated Press has reports headlined "Rough outline of Kagan emerges in Clinton records" and "Kagan documents include mysterious reference."
Posted at 04:40 PM by Howard Bashman



Friday, June 4, 2010

"Sotomayor Making Good on a Commitment to a Scrappy College With a Family Tie": This article appears today in The New York Times.

The New York Daily News reports today that "Sprawling Bronxdale Houses to be renamed after former resident Justice Sonia Sotomayor."

The Wall Street Journal reports today that "Judge's Return Splits Bronx." You can freely access the full text of the article via Google News.

And The Associated Press reports that "Sotomayor revisits her NYC school, housing project."
Posted at 08:25 PM by Howard Bashman



"6th Circuit Takes Lead As Most Reversed Appeals Court": Today in The Daily Journal of California, Lawrence Hurley has an article that begins, "The San Francisco-based 9th U.S. Circuit Court of Appeals, often categorized as too liberal and out of sync with the more conservative U.S. Supreme Court, faces some unusual competition this term for its crown as the most reversed circuit."
Posted at 03:20 PM by Howard Bashman


"Kagan documents reveal pragmatic approach on abortion controversy": Bill Mears of CNN.com has this report.

And The Associated Press reports that "Kagan files show pragmatic streak in tobacco talks."

The Clinton Presidential Library documents released today can be accessed online via this link.
Posted at 03:02 PM by Howard Bashman



"Was father 'captive' to funeral protesters?" David L. Hudson Jr. has this analysis online at the First Amendment Center.
Posted at 12:00 PM by Howard Bashman


"In Supreme Court Work, Early Views of Kagan": Charlie Savage has this article today in The New York Times. In addition, Javier C. Hernandez has an article headlined "Breakfast With Dean Kagan: A Student Journalist's Eye-Opener."

Today's edition of The Washington Post reports that "Kagan tested by 1990s battles over tobacco legislation."

The Associated Press reports that "Senators await Clinton-era files on Kagan."

At her "Crossroads" blog, CBS News correspondent Jan Crawford has a post titled "Documents Show Kagan's Liberal Opinion on Social Issues."

Gallup has issued a news release headlined "Support for Confirming Kagan Trails That of Recent Nominees; Forty-six percent want Senate to vote in favor of her nomination."

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "ABA In Midst of Kagan Evaluation."
Posted at 10:40 AM by Howard Bashman



"U.S. appeals court considering teens' Web cases": Nathan Gorenstein has this article today in The Philadelphia Inquirer.

In today's edition of The Legal Intelligencer, Shannon P. Duffy reports that "3rd Circuit Mulls Student Suspensions for MySpace Postings."

And at the "School Law" blog of Education Week, Mark Walsh has a post titled "Full 3rd Circuit Weighs Student Web Speech."

In the post immediately below from yesterday afternoon, I linked to the audio of yesterday's en banc oral argument.
Posted at 10:28 AM by Howard Bashman



Thursday, June 3, 2010

"US court weighs school discipline for Web posts": The Associated Press has this report on a case reargued en banc today before the U.S. Court of Appeals for the Third Circuit.

Update: You can download the audio of today's en banc oral arguments here (Layshock case -- 78.8 MB Windows Media Audio file) and here (JS v. Blue Mountain case -- 73.3 MB Windows Media Audio file).
Posted at 03:22 PM by Howard Bashman



"Elena Kagan In Private Practice (And Her First Amendment Experience)": Eric Turkewitz has this post at his "New York Personal Injury Law Blog."
Posted at 11:05 AM by Howard Bashman


"Senators Fed Up With Secret Blocks On Nominees": This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:58 AM by Howard Bashman


"David Souter vs. the Antonin Scalias": Columnist E.J. Dionne Jr. has this op-ed today in The Washington Post.
Posted at 10:52 AM by Howard Bashman


"GAO says millions of dollars are wasted on federal courthouses that are too big": This article appears today in The Washington Post. You can view the preliminary results of the GAO's inquiry at this link.
Posted at 10:50 AM by Howard Bashman


"Much Ado About Muffins in Key IP Case at 3rd Circuit": Shannon P. Duffy has this article today in The Legal Intelligencer.
Posted at 09:28 AM by Howard Bashman


"Court Tosses Landmark Global Warming Ruling After Late Recusal": Greenwire has a report that begins, "After an unusual about-face prompted by a late recusal, a federal appeals court has scrapped a ruling that said the nation's largest producers of greenhouse gas emissions could be sued for the damage caused by global warming."

My earlier coverage can be accessed here.
Posted at 09:26 AM by Howard Bashman



"Opponents of Abortion Advance Cause at State Level": This article appears today in The New York Times.

And The Associated Press reports that "Court says abortion initiative can be on AK ballot." You can access yesterday's ruling of the Supreme Court of Alaska at this link.
Posted at 08:22 AM by Howard Bashman



"In old article, Kagan invites tough questioning": Jesse J. Holland of The Associated Press has this report.

Today's edition of The New York Times contains an article headlined "A Knock-Down, Drag-Out -- Yawn."

The Mobile Press-Register reports that "Sessions seeks military recruiting records from Harvard, where Supreme Court nominee Kagan worked."

The Hill reports that "Fight over Kagan documents heats up."

And today's edition of The Los Angeles Times contains an article headlined "Photo raises issue of sexual orientation in softball; Supreme Court nominee Elena Kagan is pictured playing the sport, and whispers grow that she is gay; Those who play say they are aware of the reputation, but history of acceptance should be what is celebrated."
Posted at 08:17 AM by Howard Bashman



Wednesday, June 2, 2010

"Supreme Court refuses to hear L.A.'s appeal to let it dump sludge": Michael Doyle of McClatchy Newspapers has this report.
Posted at 04:35 PM by Howard Bashman


"Registry law doesn't apply to all sex offenders, Supreme Court rules; A sex offender who moved from Alabama to Indiana in 2004 does not have to register with authorities because his move predates the registry law Congress enacted in 2006, the Supreme Court ruled on Tuesday": Warren Richey of The Christian Science Monitor has this report.
Posted at 04:28 PM by Howard Bashman


"Ex-Somali official Mohamed Ali Samantar may be sued in U.S., Supreme Court rules": Robert Barnes has this article today in The Washington Post.

And in today's edition of The Daily Journal of California, Lawrence Hurley reports that "High Court Okays Torture Suit."
Posted at 04:25 PM by Howard Bashman



"The National Law Journal Launches 'Supreme Court Insider,' New Independent E-Newsletter, featuring reporting by Tony Mauro and Marcia Coyle": ALM issued this news release today. Free registration for the newsletter can be accomplished via this link.
Posted at 11:15 AM by Howard Bashman


"Appeals court can't rehear Katrina greenhouse-gas suit because of judges' recusals": The Times-Picayune of New Orleans today contains an article that begins, "So many members of the U.S. 5th Circuit Court of Appeals have recused themselves from a rehearing of a lawsuit that charges energy companies with contributing to the effects of Hurricane Katrina by emitting greenhouse gases that the court cannot conduct the rehearing. The result is a victory for the roughly 30 energy companies being sued, for it essentially reinstates the ruling of the U.S. District Court in Mississippi dismissing the case."

My earlier coverage of last Friday's Fifth Circuit order and the accompanying dissents appears at this link.
Posted at 10:42 AM by Howard Bashman



"Clinton representative reviewing Kagan documents": The Associated Press has a report that begins, "The White House may have to negotiate with former President Bill Clinton and a Senate committee to resolve potential confidentiality concerns about releasing files from Supreme Court nominee Elena Kagan's past, a top official told a senator Tuesday."
Posted at 10:27 AM by Howard Bashman


Tuesday, June 1, 2010

"Mere Silence Doesn't Invoke Miranda, Justices Rule": Adam Liptak will have this article Wednesday in The New York Times.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court: Suspects must invoke right to remain silent in interrogations."

In Wednesday's edition of The Los Angeles Times, David G. Savage will have an article headlined "Supreme Court backs off strict enforcement of Miranda rights; Once a suspect has been informed of his rights, he has the duty to invoke them, the justices say; The decision reinstates a murder conviction based largely on a suspect's one-word answer to police."

In Wednesday's edition of The Wall Street Journal, Jess Bravin will have an article headlined "Justices Narrow Miranda Rule."

Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court: Suspects must assert Miranda right to remain silent; The Supreme Court ruled Tuesday that criminal suspects must clearly state that they don't want to talk with police to exercise their Miranda rights; Silence during interrogation is not enough."

And this evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "High Court: Speak Up If You Want To Remain Silent" featuring Nina Totenberg.
Posted at 08:12 PM by Howard Bashman



"8th Circuit lags in female appointees: The federal appellate court has produced a single female judge. Why?" In this week's issue of The National Law Journal, Leigh Jones has an article that begins, "For 16 years, Judge Diana Murphy has stood alone -- the only woman ever to serve on the U.S. Court of Appeals for the 8th Circuit."
Posted at 02:33 PM by Howard Bashman


"Circuit Judge Randall R. Rader assumed the position of Chief Judge of the Federal Circuit on June 1, 2010": So notes an announcement at the home page of the U.S. Court of Appeals for the Federal Circuit.
Posted at 01:36 PM by Howard Bashman


CLE seminar in Philadelphia on Tuesday, June 8, 2010 at which I will be speaking: The seminar is sponsored by The Legal Intelligencer, Philadelphia's daily newspaper for lawyers, You can access additional details and a registration form at this link.
Posted at 01:28 PM by Howard Bashman


"Silence Right Must Be Invoked Explicitly, Court Says": Greg Stohr of Bloomberg News has this report.
Posted at 01:24 PM by Howard Bashman


"Supreme Court: no immunity for ex-Somali official." James Vicini of Reuters has this report.

And Greg Stohr of Bloomberg News reports that "Top U.S. Court Rejects Legal Immunity Bid by Foreign Officials."
Posted at 01:17 PM by Howard Bashman



"Kagan's early influences demanding, activist": The Associated Press has this report.
Posted at 11:34 AM by Howard Bashman


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

1. Justice Sonia Sotomayor delivered the opinion of the Court in Carr v. United States, No. 08-1301. You can access the ruling at this link and the oral argument transcript at this link.

2. Justice Ruth Bader Ginsburg delivered the opinion of the Court in Levin v. Commerce Energy, Inc., No. 09-223. 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 Berghuis v. Thompkins, No. 08-1470. You can access the ruling at this link and the oral argument transcript at this link.

4. Justice Antonin Scalia delivered the opinion of the Court in Alabama v. North Carolina, No. 132, Orig. You can access the ruling at this link and the oral argument transcript at this link.

5. And Justice John Paul Stevens delivered the opinion of the Court in Samantar v. Yousuf, No. 08-1555. 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.

In early news coverage, The Associated Press has reports headlined "Court: Suspects must say they want to be silent"; "Court: Victims can sue ex-Somali prime minister"; "Court: Are medical residents students or employees"; "High court turns down appeal in rogue juror case"; and "Court won't hear inmate's claim of innocence."
Posted at 10:04 AM by Howard Bashman



"Is the Vatican a Sovereign State? Elena Kagan and her colleagues in the solicitor general's office say it is; They should be ashamed." Christopher Hitchens has this essay online at Slate.
Posted at 09:33 AM by Howard Bashman


"Venting Online, Consumers Can Find Themselves in Court": This front page article appears today in The New York Times.
Posted at 07:35 AM by Howard Bashman


"Kagan: No need for court review of rogue juror." Mark Sherman of The Associated Press has this report. The AP also reports that "Senators await Kagan papers from Clinton library."

And Laura Litvan of Bloomberg News reports that "High Court Nominee Kagan May Get Support From Republicans."
Posted at 07:33 AM by Howard Bashman



"This Bench Belongs in a Dugout": Today's edition of The New York Times contains the latest installment of Adam Liptak's "Sidebar" column, which begins, "We have photographic proof that Elena Kagan has played softball, and there is some evidence that she is a Mets fan. But by the sometimes fanatical devotion to baseball of the nine-member squad Ms. Kagan hopes to join, that is minor-league stuff."
Posted at 07:28 AM by Howard Bashman






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