How Appealing

Tuesday, November 30, 2010

"Chief justice nominee praised as a fair, tough": This article appears today in The Union Leader of Manchester, New Hampshire.
Posted at 08:57 PM by Howard Bashman


"John Paul Stevens, William J. Brennan and the Death Penalty": Seth Stern has this entry today at The Huffington Post.
Posted at 08:33 PM by Howard Bashman


In today's edition of The Austin American-Statesman: This obituary of former Texas Solicitor General Gregory S. Coleman appeared.
Posted at 08:10 PM by Howard Bashman


"Court says county doesn't have to pay for mistake": Jesse J. Holland of The Associated Press has this report.

Bill Mears of CNN.com reports that "Justices rule against couple still on state registry."

And at the "School Law" blog of Education Week, Mark Walsh has a post titled "High Court Broadens Protection Against Municipal Liability."

Today, Justice Stephen G. Breyer delivered the opinion for a unanimous U.S. Supreme Court (with Justice Elena Kagan recused) in Los Angeles County v. Humphries, No. 09-350. You can access the oral argument via this link.
Posted at 04:58 PM by Howard Bashman



"California's attempt to halt a mass prisoner release gets skeptical hearing at Supreme Court; A majority of the justices say the state has failed to remedy the problem of severe prison overcrowding, despite decades of lawsuits; But Justice Samuel A. Alito Jr. warns that releasing 40,000 prisoners will bring more crime to California": David G. Savage of The Los Angeles Times has this news update.

Michael Doyle of McClatchy Newspapers reports that "Supreme Court divided over California's inmate population."

Mark Sherman of The Associated Press reports that "Supreme Court considers Calif prison crowding."

Greg Stohr of Bloomberg News reports that "California Order to Release Inmates Questioned by U.S. Justices at Hearing."

And James Vicini of Reuters reports that "High court to rule in California prisons case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Jousting over prisoner release: A deeply engaged Court debates whether, and how, to reshape a lower court's controversial solution to the serious problem of prison overcrowding, and the health hazards that causes; Justice Kennedy seems to hold the controlling vote."

You can access the transcript of today's U.S. Supreme Court oral argument in Schwarzenegger v. Plata, No. 09-1233, by clicking here.
Posted at 04:13 PM by Howard Bashman



Programming note: This morning, I will be taking part in an appellate mediation at the U.S. Court of Appeals for the Third Circuit. Additional posts will appear here this afternoon.

"SCOTUSblog" will provide prompt coverage of whatever opinions in argued cases the U.S. Supreme Court issues at 10 a.m. eastern time today.
Posted at 07:30 AM by Howard Bashman



Monday, November 29, 2010

"Fla.'s 'Taj Mahal courthouse' lives up to billing": The Associated Press has this report.
Posted at 10:55 PM by Howard Bashman


"High court hears case involving ACI inmate": Tuesday's edition of The Providence (R.I.) Journal will contain an article that begins, "Lawyers for the state and a man serving two life sentences in the Adult Correctional Institutions argued before the U.S. Supreme Court Monday on the question of how the courts should interpret a federal law that limits how long defendants have to contest their state court sentences in federal court."

You can access the transcript of today's U.S. Supreme Court oral argument in Wall v. Kholi, No. 09-868, at this link.
Posted at 10:54 PM by Howard Bashman



"West Penn Allegheny's suit against UPMC, Highmark reinstated": The Pittsburgh Tribune-Review has this news update reporting on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 10:50 PM by Howard Bashman


"A Witness Lies, the Court Shrugs and Veterans Are Outraged": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 10:24 PM by Howard Bashman


"Judges named for Prop. 8 appeals panel": Bob Egelko of The San Francisco Chronicle has this news update.

Howard Mintz of The San Jose Mercury News has an update headlined "Proposition 8 panel a blend of federal judges from different backgrounds."

law.com reports that "Makeup Of Prop 8 Panel Seems Promising for Gay Marriage Advocates."

And The Associated Press reports that "2 of 3 judges in Prop 8 case appointed by Dems."
Posted at 10:20 PM by Howard Bashman



"Judge issues preliminary injunction against Sharia law restriction in Oklahoma": The Oklahoman has this news update, along with an update headlined "Islamic group's president pleased with ruling."

The Tulsa World has a news update headlined "Judge rules in favor of Muslim man on State Question 755; Injunction filed; A federal judge today issued a preliminary injunction that keeps a restriction against Islamic Sharia law out of the state Constitution for now."

And The Associated Press reports that "Judge blocks Okla. Islamic law vote certification."

You can access today's ruling of the U.S. District Court for the Western District of Oklahoma at this link.
Posted at 09:10 PM by Howard Bashman



Greg Stohr of Bloomberg News is reporting: He has articles headlined "Microsoft Gets High Court Review on I4i Patent Award"; "Railroad Worker Injury Clash Draws U.S. Supreme Court Review"; "Music File-Sharing Award Left Intact by High Court"; and "EBay Wins Round Against Tiffany as High Court Rejects Appeal."
Posted at 09:00 PM by Howard Bashman


"Supreme Court to decide constitutionality of Arizona's public campaign finance law": Robert Barnes of The Washington Post has this news update.

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court ruling could kill efforts to rein in campaign spending; Justices will rule on an Arizona law that offers public money to candidates who refrain from private fund-raising and gives matching funds to those facing wealthy foes."

Greg Stohr of Bloomberg News reports that "Arizona's Campaign Public Financing System Draws U.S. High Court Scrutiny."

And James Vicini of Reuters reports that "Supreme Court to decide Arizona campaign finance law."
Posted at 01:48 PM by Howard Bashman



"Judges for Prop. 8 hearing: Ninth Circuit names the three judges who on Dec. 6 will hear the Proposition 8 case, involving California's ban on same-sex marriage." Lyle Denniston has this post at "SCOTUSblog." The Ninth Circuit's actual disclosure appears on page 2 of this PDF document.

The three judges assigned to hear and decide the appeal are Circuit Judges Stephen Reinhardt and N. Randy Smith and Senior Circuit Judge Michael Daly Hawkins.

In June 2003, Judge Hawkins participated in this blog's "20 questions for the appellate judge" feature. You can access the interview at this link.

And in May 2004, Judge Reinhardt participated in this blog's "20 questions for the appellate judge" feature. You can access the interview at this link.
Posted at 01:24 PM by Howard Bashman



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

The Court today also issued two opinions relating to orders. Justice Samuel A. Alito, Jr. issued a dissent from the denial of certiorari in Harper v. Maverick Recording Co., No 10-94.

And Justice Sonia Sotomayor issued a statement respecting the denial of the petition for writ of certiorari in Gamache v. California, No. 10-5196, in which Justices Ruth Bader Ginsburg, Stephen G. Breyer, and Elena Kagan joined.

In early news coverage, The Associated Press has reports headlined "Supreme Court to review Ariz. campaign finance law"; "Court to review patent judgment against Microsoft"; "High court won't wade into Florida water fight"; "Court won't review eBay win in Tiffany lawsuit"; "Supreme Court rejects appeal on Va. alcohol ad ban"; "Court rejects teen's appeal in Internet music case"; and "Court won't hear appeal from La. death row inmate."

At "SCOTUSblog," Lyle Denniston has a post titled "Court returns to campaign finance."

And yesterday at the blog "Summary Judgments" -- new Loyola Law School, Los Angeles faculty blog -- law professor Rick Hasen had a related post titled "The Big Campaign Finance Story of 2011: An Effective End to Public Financing."
Posted at 10:04 AM by Howard Bashman



"Precedent and Prologue: Bush v. Gore, ten years later." Jeffrey Toobin has this essay in the December 6, 2010 issue of The New Yorker.
Posted at 09:36 AM by Howard Bashman


"California prison overcrowding case heads to Supreme Court; The state is appealing a 2009 federal judicial order to reduce the prison population by more than 40,000 in two years; Lawyers for 18 other states are backing the appeal": David G. Savage and Carol J. Williams have this article today in The Los Angeles Times.

The Wall Street Journal reports today that "Prison Ruling Stirs Up California."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument preview: Crowded prisons, inmates' rights; The Court on Tuesday will hold an extended hearing -- 80 minutes long -- on the power of federal courts to take steps to relieve overcrowding of the nation's prisons and jails, including the outright release of inmates."
Posted at 08:03 AM by Howard Bashman



"Harvard scholar ends Justice job quickly; Tribe blames health, not post's low profile": Farah Stockman has this article today in The Boston Globe.
Posted at 07:52 AM by Howard Bashman


"Amend while the iron is hot?" Robert Barnes has this article today in The Washington Post.
Posted at 07:46 AM by Howard Bashman


"Supreme Court Justice John Paul Stevens Opens Up; Retired Justice Reflects on Decisions That Helped Shape American History": You can view the video from yesterday evening's broadcast of the CBS News program "60 Minutes" via this link.
Posted at 07:28 AM by Howard Bashman


Sunday, November 28, 2010

"On the Death Sentence": Retired Justice John Paul Stevens will have this review of David Garland's book "Peculiar Institution: America's Death Penalty in an Age of Abolition" in the December 23, 2010 issue of The New York Review of Books.
Posted at 01:20 PM by Howard Bashman


"Leave choice of next Oklahoma Supreme Court justice to Henry's successor": This editorial appears today in The Oklahoman.
Posted at 09:33 AM by Howard Bashman


"Critics: Judges' luxury cars slap at taxpayers." Today's edition of The Pittsburgh Tribune-Review contains an article that begins, "Cadillacs, Lexuses, a Mercedes Benz and high-end SUVs -- including one a Supreme Court justice leases from his brother -- are among taxpayer-paid cars Pennsylvania's appellate court judges lease to ferry themselves across the state." You can view a related graphic by clicking here.

Today's edition of The New York Times contains an editorial entitled "Untenable Judicial Ethics."

And in The Philadelphia Inquirer, columnist Karen Heller has an op-ed entitled "Chief Justice Castille should forgo gifts."
Posted at 09:32 AM by Howard Bashman



"Horner Case Going to Highest Court; The U.S. Supreme Court has agreed to hear appeal of Charles Andrew Fowler, who is serving a life sentence for murder": The Ledger of Lakeland, Florida contains this article today.
Posted at 09:27 AM by Howard Bashman


"U.S. Supreme Court to ponder Iowa drug sentence": This article appears today in The Des Moines Register.
Posted at 09:25 AM by Howard Bashman


"California prison case reaches U.S. Supreme Court": Howard Mintz has this article today in The San Jose Mercury News.
Posted at 09:17 AM by Howard Bashman


"Under the U.S. Supreme Court: Governors get mangers under the Christmas tree." Michael Kirkland of UPI has this report.
Posted at 08:05 AM by Howard Bashman


"Ex-Justice Explains Changed Death Penalty Stance": Adam Liptak has this front page article today in The New York Times.

In related news, this evening's broadcast of the CBS News program "60 Minutes" will contain a segment about Justice John Paul Stevens.
Posted at 08:02 AM by Howard Bashman



Saturday, November 27, 2010

"Our puritanical progressives": In Sunday's edition of The Washington Post, columnist George F. Will will have an op-ed that begins, "An eminent Harvard law professor, James Thayer (1831-1902), argued that although the judicial function is 'merely that of fixing the outside border of reasonable legislative action,' this still gives courts 'a great and stately jurisdiction.'"
Posted at 10:52 AM by Howard Bashman


"'In a thousand pieces': First on the scene, Destin pair describe scene of plane crash that killed three." The Destin (Fla.) Log contains this article today.

And today's edition of The New Haven Register contains an article headlined "'New Haven 20' lawyer killed in Florida plane crash."
Posted at 10:45 AM by Howard Bashman



"The Arbitration War": This editorial appears today in The New York Times.
Posted at 10:42 AM by Howard Bashman


"Lack of funding builds death row logjam; Convicted killers have a hard time finding lawyers to handle their final appeals, which can be both expensive and gut-wrenching": Maura Dolan has this article today in The Los Angeles Times.
Posted at 10:37 AM by Howard Bashman


Friday, November 26, 2010

"Justice Brennan: A Liberal Icon Gets Another Look." This audio segment featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 11:05 PM by Howard Bashman


"War and Speech: Why hasn't the war against terrorism produced any great First Amendment cases?" Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:55 PM by Howard Bashman


"Confirm Liu, quickly: Obama's nominee for the U.S. 9th Circuit deserves an up-or-down vote." This editorial will appear Saturday in The Los Angeles Times.

Today's edition of The Des Moines Register contains an editorial entitled "End gridlock on judge appointments."

And today in The Baltimore Sun, law professor Carl Tobias has an op-ed entitled "Congress must act to fill court vacancies; Justice is impeded as president's nominations await votes."
Posted at 10:12 PM by Howard Bashman



"NRA opens new front in gun rights battle; Lubbock lawsuits challenge limits on handguns for 18-to-20 year-olds": Mike Ward has this article today in The Austin American-Statesman.

Earlier, The Lubbock Avalanche-Journal published an article headlined "Lubbock teen challenges federal gun law."
Posted at 04:00 PM by Howard Bashman



"Judge: Conn. home invasion death sentence is fair." The Associated Press has a report that begins, "A Connecticut judge has decided that a jury was fair in deciding that Steven Hayes should be executed for a home invasion that left a woman and her two daughters dead."
Posted at 03:54 PM by Howard Bashman


"NTSB studying wreckage from fatal crash; One of the victims was a BP executive, company confirms": The News Herald of Panama City, Florida posted online this updated report yesterday afternoon.
Posted at 12:05 PM by Howard Bashman


"High court rules man did indeed indecently expose himself": Yesterday's edition of The Las Vegas Review-Journal contained this article reporting on a ruling that the Supreme Court of Nevada issued on Wednesday.

The Nevada Supreme Court's opinion begins, "Respondent Marty Edward Castaneda is accused of intentionally and repeatedly exposing his genitals and buttocks while standing on the sidewalk in front of the county jail near Lewis Avenue and First Street in Las Vegas."

A lower court ruled a Nevada statute providing that "A person who makes any open and indecent or obscene exposure of his or her person, or of the person of another, is guilty" of an offense was unconstitutionally vague. Nevada's highest court disagreed, observing that "In the indecent exposure context, the common law used 'person' as a euphemism for penis."
Posted at 08:27 AM by Howard Bashman



"High court handling of Wal-Mart appeal will have wider implications; The retailer argues that a lawsuit alleging discrimination against 1.5 million female employees is unfair; Whether the justices hear the case could affect future class-action suits": David G. Savage has this article today in The Los Angeles Times.
Posted at 08:05 AM by Howard Bashman


Thursday, November 25, 2010

"Top court says police may seize electricity-use records": Today in The Toronto Globe and Mail, Kirk Makin has an article that begins, "The Supreme Court of Canada has carved a chunk out of the right to personal privacy, concluding that police may seize electricity-use records as part of a criminal investigation."

The Calgary Sun reports today that "Top court rules cops can enlist power providers."

The Toronto Sun contains an article headlined "No privacy for grow-ops."

Janice Tibbetts of Postmedia News reports that "Divided Supreme Court puts limit on privacy expectations at home."

And The Canadian Press reports that "Top court rules monitoring suspected grow-op's power usage OK."

You can access yesterday's ruling of the Supreme Court of Canada at this link.
Posted at 01:45 PM by Howard Bashman



"Renowned Austin lawyer killed in plane crash; State's first solicitor general was piloting aircraft in Florida": Chuck Lindell has this article today in The Austin American-Statesman.
Posted at 01:38 PM by Howard Bashman


Wednesday, November 24, 2010

"Top Texas Advocate Dies in Plane Crash": Tony Mauro has this post at "The BLT: The Blog of Legal Times."

The Northwest Florida Daily News has an update headlined "Crashed plane flew from New Orleans."

The Southeast Texas Record reports that "Appellate lawyer Coleman killed in plane crash."

The Times-Picayune of New Orleans has a news update headlined "BP oil spill incident commander dies in small plane crash."

The Associated Press reports that "Gulf oil spill recovery exec dead in plane crash."

And Reuters reports that "BP Gulf cleanup official killed in plane crash; Three people killed, no survivors; Plane was trying to land in heavy fog in Florida."
Posted at 10:55 PM by Howard Bashman



Majority on partially divided three-judge First Circuit panel rejects claim that U.S. citizen-residents of Puerto Rico have a right to vote for a Representative to the U.S. House of Representatives from Puerto Rico: You can access today's ruling of the U.S. Court of Appeals for the First Circuit -- in which each of the three judges on the panel has written separately -- at this link.

Circuit Judge Juan R. Torruella's opinion concurring in part and dissenting in part passionately argues that international law affords U.S. citizen-residents of Puerto Rico the voting rights sought in the lawsuit.
Posted at 10:32 PM by Howard Bashman



"NV court upholds award against Wyeth": The Associated Press has a report that begins, "The Nevada Supreme Court has upheld a $58 million judgment awarded to three women who claimed their breast cancer was caused by hormone replacement drugs made by Wyeth Pharmaceuticals."

You can access today's ruling of the Supreme Court of Nevada at this link.

Update: In local coverage, Thursday's edition of The Las Vegas Review-Journal reported that "Court OKs $58 million judgment; Breast cancer victims sued Wyeth Pharmaceutical Inc."

And Thursday's edition of The Las Vegas Sun reported that "Nevada Supreme Court backs hormone drug verdict."
Posted at 02:42 PM by Howard Bashman



Former Texas Solicitor General Gregory S. Coleman has died: The Destin (Fla.) Log provides this coverage.

And the Okaloosa County (Fla.) Sheriff's Office has issued a news release headlined "Plane Crashes in Okaloosa County; Three Victims Identified."

At his "Election Law Blog," Rick Hasen has a post titled "Truly Tragic News: Greg Coleman Has Died in a Plane Crash."

Update: The Associated Press reports that "Former Texas official dies in Fla. plane crash."

At the "Austin Legal" blog of The Austin American-Statesman, Chuck Lindell has a post titled "Austin lawyer Coleman dies in plane crash." Lindell's earlier profile of Coleman from July 2009 was headlined "Star lawyer makes Supreme Court splash."

Mary Alice Robbins of Texas Lawyer reports that "Plane Crash Claims Life of Former Texas Solicitor General Greg Coleman."

And the publication Texas Super Lawyers 2010 contains an article headlined "The Minimalist: No one knows how to get to the essence of an appeal like Greg Coleman" in which Justice Clarence Thomas is quoted on the subject of his former law clerk.
Posted at 01:02 PM by Howard Bashman



"'Don't ask': White House appeals return of nurse." Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The Obama administration opened another legal front Tuesday in defense of 'don't ask, don't tell,' appealing a federal judge's decision to reinstate a decorated Air Force nurse who was discharged after being outed as a lesbian."

At his "Under the Radar" blog at Politico.com, Josh Gerstein has a post titled "Lesbian major rejoins Air Force, as Obama administration appeals."

And The Associated Press reports that "DOJ appeals lesbian's reinstatement to Air Force."
Posted at 09:32 AM by Howard Bashman



Tuesday, November 23, 2010

"Full-body scanners popping up at courthouses": The Associated Press has this report.
Posted at 10:14 PM by Howard Bashman


"Appeals court sides with NFL in ex-players' suit": The Associated Press has a report that begins, "A federal appeals court sided with the NFL and its players union in a lawsuit filed by six former NFL players who claim they lost $20 million in an investment scheme."

You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 04:46 PM by Howard Bashman



"Court halts sea lion killing at Columbia River dam": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.

And in related news, earlier this month The Oregonian reported that "Task force recommends killing more sea lions at Bonneville Dam to protect endangered species."
Posted at 04:42 PM by Howard Bashman



"It is surprising to find so many different standards for awarding attorneys' fees in Lanham Act cases." In an interesting opinion issued today, Circuit Judge Richard A. Posner -- writing on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit -- examines what constitutes "exceptional cases" for purposes of an award of attorneys' fees to prevailing parties in Lanham Act suits.
Posted at 03:40 PM by Howard Bashman


Second Circuit invalidates Vermont statute banning the sale, transmission, or use of prescriber-identifiable data for marketing or promoting a prescription drug unless the prescriber consents: The majority on a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit strikes down the Vermont law as an impermissible restriction on commercial speech in a ruling issued today.

Circuit Judge Debra Ann Livingston issued a dissenting opinion in which she states that "the majority not only reaches the wrong result in this case, but creates Circuit precedent likely to have pernicious broader effects in a complex and evolving area of First Amendment law."

Although the Second Circuit is reluctant to grant rehearing en banc, it is noteworthy that the majority on this three-judge panel consists of a senior status Second Circuit judge and a federal district judge sitting by designation.

Update: In early coverage, The Wall Street Journal has a news update headlined "Appeals Court Strikes Down Vermont Law Restricting Prescription Data."

And The Associated Press reports that "Vt. law on drug data mining ruled unconstitutional."
Posted at 11:00 AM by Howard Bashman



"Judge extends ban on Oklahoma Sharia law amendment; Ban on a Sharia law amendment to the Oklahoma Constitution will stay in place for a week while U.S. District Judge Vicki Miles-LaGrange studies the issues": This article appears today in The Oklahoman.

And The Tulsa World reports today that "Judge leaves SQ 755 ban intact for now."
Posted at 08:10 AM by Howard Bashman



"California ruling backs police use of DNA from discarded cigarette": In today's edition of The Sacramento Bee, Denny Walsh has an article that begins, "In the first case of its kind in California, a state appellate court in Sacramento ruled Monday that a suspect in a criminal investigation has no expectation of privacy in a discarded item, and a DNA test of the item is not an unconstitutional search."

You can access yesterday's ruling of California's Court of Appeal for the Third Appellate District at this link.
Posted at 08:04 AM by Howard Bashman



"Michigan Supreme Court censures ex-justice for secretly recording court deliberations": Dawson Bell has this article today in The Detroit Free Press. The newspaper also contains an editorial entitled "Secret recordings merit censure for ex-Justice Weaver."

And The Detroit News reports today that "Michigan Supreme Court censures former Justice Weaver; Former justice publicly rebuked for secret recording of colleague using a racial slur."

You can view the censure letter, in which five justices have joined and one justice has expressly refused to join, by clicking here.
Posted at 07:58 AM by Howard Bashman



Monday, November 22, 2010

"Canada would become magnet for polygamy if law struck down, court told": This article will appear Tuesday in The Toronto Globe and Mail.

And The Vancouver Sun has a news update headlined "Polygamy reference case opens with failed bid to add TV cameras."
Posted at 10:42 PM by Howard Bashman



"Former justice Elizabeth Weaver censured for airing deliberations": Dawson Bell of The Detroit Free Press has a news update that begins, "The Michigan Supreme Court has issued a pointed and public rebuke of a former justice, Elizabeth Weaver, for making secret recordings of internal court deliberations and releasing some of the transcripts."

And The Detroit News has an update headlined "Michigan Supreme Court criticizes ex-Justice Elizabeth Weaver."

You can view the censure letter, in which five justices have joined and one justice has expressly refused to join, by clicking here.
Posted at 08:57 PM by Howard Bashman



"DOJ Pick Would Have Taken a Recess Appointment": At "The BLT: The Blog of Legal Times," David Ingram has a post that begins, "Dawn Johnsen, a hero to some liberal lawyers and a failed nominee to head the Justice Department's Office of Legal Counsel, says she would have been happy to serve in the job on a temporary basis."
Posted at 05:24 PM by Howard Bashman


"Petition for Certiorari Filed in Pineda-Moreno, The Ninth Circuit GPS Case": Orin Kerr has this post at "The Volokh Conspiracy."
Posted at 05:22 PM by Howard Bashman


"Order blocking Okla. Islamic law measure extended": The Associated Press has this report.
Posted at 02:25 PM by Howard Bashman


"Sharia fear-mongering threatens religious freedom": Charles C. Haynes has this commentary online at the First Amendment Center.
Posted at 12:20 PM by Howard Bashman


Onan he arbarian: The U.S. Court of Appeals for the Eighth Circuit invokes the biblical story of Onan in striking down as overbroad a special condition of supervised release in a ruling issued today.
Posted at 11:40 AM by Howard Bashman


"Hearing to begin in Okla. on Islamic law lawsuit": The Associated Press has this report.
Posted at 10:12 AM by Howard Bashman


"B.C. court to decide whether polygamy is a protected religious practice": This article appears today in The Toronto Globe and Mail.

And The Vancouver Sun reported yesterday that "Polygamy reference case could open door to legalizing multiple marriage."
Posted at 08:45 AM by Howard Bashman



"Juvenile offenders still get near-life terms": Yesterday's edition of The Sarasota Herald-Tribune contained a front page article that begins, "More than six months after the U.S. Supreme Court ruled that Florida's practice of sending juveniles to prison for the rest of their lives for non-murder crimes was unconstitutional, not a single former juvenile sentenced in such cases has found much relief."
Posted at 08:40 AM by Howard Bashman


"Tribe to Return to Harvard Law School in January 2011": This article appears today in the Harvard Crimson.
Posted at 08:10 AM by Howard Bashman


Sunday, November 21, 2010

"High court weighs hearing Wal-Mart class-action case": Joan Biskupic will have this article Monday in USA Today.
Posted at 09:10 PM by Howard Bashman


"Natives' super PAC meant new boost for Murkowski campaign; Alaskans Standing Together leaped into campaign": The Anchorage Daily News today contains an article that begins, "If Sen. Lisa Murkowski's re-election survives her opponent's challenges, she will in no small measure owe her historic write-in victory to the U.S. Supreme Court's most contentious decision this year -- a ruling she herself described as troubling, but which led to massive Native corporation spending on her behalf."
Posted at 09:06 PM by Howard Bashman


"Huckabee says ousting of Iowa judges historic move": The Associated Press has this report.
Posted at 09:02 PM by Howard Bashman


"Video aims to demystify judges, their jobs; 'Conversations with Maine Judges' targets middle and high school students": Today's edition of The Maine Sunday Telegram contains an article that begins, "The video opens with a tight shot of Judge Kermit Lipez, a federal judge who once sat on Maine's Supreme Judicial Court."
Posted at 09:25 AM by Howard Bashman


"Castille is accepting of litigants' gifts, trips; It's legal; they're disclosed; But even if Pennsylvania's chief justice shows no favoritism, some question the ethics": Mark Fazlollah and Joseph Tanfani have this lengthy front page article today in The Philadelphia Inquirer.
Posted at 09:24 AM by Howard Bashman


"My Florida Recount Memory": This series of accounts appears on the op-ed page of today's edition of The New York Times.
Posted at 09:20 AM by Howard Bashman


"Under the U.S. Supreme Court: Should America assassinate terrorists?" Michael Kirkland of UPI has this report.
Posted at 09:18 AM by Howard Bashman


Saturday, November 20, 2010

"Will U.K. payouts set precedent for Khadr?" This article appeared yesterday in The Toronto Globe and Mail.
Posted at 10:32 AM by Howard Bashman


"How will ousters affect pool of justice applicants?" In today's edition of The Des Moines Register, Grant Schulte has an article that begins, "Some members of the commission that picks finalists for the Iowa Supreme Court say the removal of three justices in this month's retention vote could influence the number of candidates who apply to fill their seats."
Posted at 10:30 AM by Howard Bashman


"Scalia criticizes court's expansion of 'due process'": The Richmond Times-Dispatch contains this article today.
Posted at 10:18 AM by Howard Bashman


Friday, November 19, 2010

"Judge behind the 'Taj Mahal' takes demotion on appeals court": This article will appear Saturday in The St. Petersburg Times.
Posted at 11:37 PM by Howard Bashman


"Scalia at UR: Stick to Constitution's original meaning." The Richmond Times-Dispatch has this news update.
Posted at 11:34 PM by Howard Bashman


"D.C. Circuit Denies En Banc Review in GPS Surveillance Case": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."

That blog has posted today's order of the U.S. Court of Appeals for the D.C. Circuit, accompanied by a concurrence and two dissents, at this link.

Oddly, the order states that three of the D.C. Circuit's nine active judges would grant the rehearing petition, but a total of four active judges have joined in a dissent from the denial of rehearing en banc. Either the order contains an error, or Circuit Judge Karen LeCraft Henderson was agnostic, believing that rehearing en banc should neither be granted nor denied.
Posted at 11:09 PM by Howard Bashman



"Scalia on cameras, retirement and the 'brave new world'": Robert Barnes of The Washington Post has this news update.
Posted at 11:06 PM by Howard Bashman


"Congress passes bill to stop 'crush videos'": The Associated Press has this report.
Posted at 04:50 PM by Howard Bashman


"Gov't audit finds lax security at US courthouses": The Associated Press has a report that begins, "Security training at some federal courthouses is so ineffective that it took almost eight years for some security officers to learn how to turn on X-ray machine software that would detect guns and explosives, a Justice Department audit of courthouse security operations said Friday."

You can access at this link the report of the U.S. Department of Justice's Office of the Inspector General titled "Audit of the United States Marshals Service's Oversight of its Judicial Facilities Security Program."
Posted at 04:06 PM by Howard Bashman



"Federal judge pleads guilty to drug charge": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "Former senior U.S. District Judge Jack Camp, whose arrest on charges of buying drugs and his relationship with a stripper shocked the state's legal community, pleaded guilty Friday to federal charges. He resigned his position Friday morning, a condition of the plea deal."

And The Associated Press reports that "Federal judge pleads guilty to 2 drug charges."
Posted at 03:10 PM by Howard Bashman



"Kill Calder v. Jones!" At "The Volokh Conspiracy," David Post has this entry about a petition for writ of certiorari that the Yale Law School Supreme Court Clinic recently filed in the U.S. Supreme Court.
Posted at 01:50 PM by Howard Bashman


"Scalia 'Wouldn't Have Liked' Being Chief Justice": David Ingram has this post at "The BLT: The Blog of Legal Times."
Posted at 01:46 PM by Howard Bashman


"Oregon Supreme Court decides certified question from Ninth Circuit, limits Oregon's power to collect a share of punitive damages verdicts": Curt Cutting has this interesting post at the "California Punitive Damages" blog about a ruling that the Supreme Court of Oregon issued last Friday.
Posted at 11:11 AM by Howard Bashman


In posts of interest at the "School Law" blog of Education Week: Mark Walsh has posts titled "Court: State Law Barred Teacher Sex With 18-Year-Old" and "Another Court Upholds School Bar on Confederate Flag."

My coverage of those rulings appears here and here.
Posted at 10:07 AM by Howard Bashman



"Is This The Year's Most Liberal Video Game?" The web site Kotaku has a report about the video game "Assassin's Creed Brotherhood" that begins, "Sure, video games let us shoot at Fidel Castro and play as former Presidents, but where's the game that attacks our favorite conservative Supreme Court Justices? If you don't mind spoilers or hate the Citizens United decision, keep reading."
Posted at 08:36 AM by Howard Bashman


"Pa. high court outlaws ban on public comment at City Council meetings": The Philadelphia Inquirer contains this front page article today.

Yesterday's 4-3 ruling of the Supreme Court of Pennsylvania consists of a majority opinion and a dissenting opinion.
Posted at 08:26 AM by Howard Bashman



"Stevens gets a promotion; Peers elect Hazle Township native Superior Court president judge": This article appears today in The Times Leader of Wilkes-Barre, Pennsylvania.

And The Citizens Voice of Wilkes-Barre reports today that "Stevens elected president judge of state Superior Court."
Posted at 08:20 AM by Howard Bashman



"High court hears challenges to attorney general's authority": Today's edition of The Seattle Times contains an article that begins, "Did state Attorney General Rob McKenna overstep his authority when he signed up Washington as one of at least 20 states challenging the constitutionality of the federal health-care-reform law? And now that Gov. Chris Gregoire is preparing a brief defending the federal law in the same case, who really speaks for the state? Those were some of the questions the state Supreme Court grappled with Thursday as it heard oral arguments on Seattle City Attorney Pete Holmes' request that the court order McKenna to withdraw from the federal case."

And The News Tribune of Tacoma, Washington reports today that "State agency, city fight McKenna's suit over Obama health care plan."
Posted at 08:15 AM by Howard Bashman



"Ghailani Verdict Reignites Debate Over the Proper Court for Terrorism Trials": Charlie Savage has this article today in The New York Times.

The newspaper also contains a front page article headlined "At Terror Trial, Big Questions Were Avoided."
Posted at 08:05 AM by Howard Bashman



"Judge Camp to plead guilty Friday": This article appears today in The Times-Herald of Newnan, Georgia.
Posted at 08:02 AM by Howard Bashman


"Thank the Courts": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 07:54 AM by Howard Bashman


Thursday, November 18, 2010

"Running With Gavels: Justices need to set clearer rules about partisan political activity." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:30 PM by Howard Bashman


"N.J. Supreme Court says tea party group cannot proceed with Sen. Robert Menendez recall effort": The Newark Star-Ledger has this news update reporting on a ruling that the Supreme Court of New Jersey issued today.
Posted at 05:24 PM by Howard Bashman


"Federal judge to plead guilty in drug case": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "Senior U.S. District Judge Jack Camp, charged with purchasing cocaine and other drugs, is scheduled to plead guilty Friday in federal court in Atlanta, his attorney said."

And The Associated Press reports that "Judge plans to plead guilty to some charges."
Posted at 05:12 PM by Howard Bashman



"D.C. Circuit Declines to Adopt Policy Over Confidential Opinions in Gitmo Cases": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."
Posted at 05:11 PM by Howard Bashman


"Court: Teachers can't have sex with any students." The Associated Press has a report that begins, "The Washington Supreme Court ruled on Thursday that student age doesn't matter in teacher-sex cases, even if the student is 18 and considered an adult by other state laws."

Today's 5-4 ruling of the Washington State Supreme Court consists of a majority opinion and a dissenting opinion.
Posted at 01:42 PM by Howard Bashman



Sixth Circuit upholds decision of Anderson County, Tennessee school board to ban students from displaying the Confederate flag based on a forecast that those displays would substantially disrupt or materially interfere with the school environment: You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 10:45 AM by Howard Bashman


"Laurence Tribe Is Leaving Justice Job": Charlie Savage has this post at "The Caucus" blog of The New York Times.
Posted at 10:23 AM by Howard Bashman


"Senate floor vote likely on Providence lawyer John J. McConnell Jr.'s nomination to U.S. District Court": This article appears today in The Providence (R.I.) Journal.
Posted at 10:17 AM by Howard Bashman


"Let's fix judicial nominee process": Former federal appellate judges Abner J. Mikva and Timothy Lewis have this essay today at Politico.com.
Posted at 10:15 AM by Howard Bashman


Wednesday, November 17, 2010

"Justices Are Long on Words but Short on Guidance": Adam Liptak will have this article Thursday in The New York Times.
Posted at 10:42 PM by Howard Bashman


"Detainee Acquitted on Most Counts in '98 Bombings": The New York Times has a news update that begins, "The first former Guantanamo detainee to be tried in a civilian court was acquitted on Wednesday of all but one of more than 280 charges of conspiracy and murder in the 1998 terrorist bombings of the United States Embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania. The case has been seen as a test of President Obama's goal of trying detainees in federal court whenever feasible, and the result may again fuel debate over whether civilian courts are appropriate for trying terrorists."

The Washington Post has a news update headlined "Ahmed Ghailani, Gitmo detainee, acquitted of all but 1 charge in NY."

The Los Angeles Times has a news update headlined "Gitmo detainee Ahmed Ghailani acquitted of all but one charge in N.Y."

Carol Rosenberg of The Miami Herald has a news update headlined "Jury convicts embassy bombing plotter on just one count."

And The Associated Press reports that "Gitmo detainee acquitted of all but 1 charge in NY."
Posted at 07:58 PM by Howard Bashman



"Egos on the Bench: The unexpected legacy of FDR's court packing." Online at Slate, Dahlia Lithwick has this review of law professor Noah Feldman's book "Scorpions: The Battles and Triumphs of FDR's Great Supreme Court Justices."

Two Sundays ago, I linked to additional reviews of the book in a post you can access here.
Posted at 06:03 PM by Howard Bashman



"Teenage rapist Jose Walle re-sentenced to 65 years in prison": The St. Petersburg Times has a news update that begins, "Circuit Judge Chet A. Tharpe didn't agree with a U.S. Supreme Court decision forcing him to re-sentence teenage rapist Jose Walle, who was only 13 when he terrorized two Apollo Beach waitresses at gunpoint. But he obeyed the highest court in the land, which deemed life sentences unconstitutional for juveniles who didn't kill. Walle hung his head as Tharpe sentenced him to 65 years in prison, which he will begin to serve after completing the 27 years he got in Pinellas for another rape. Taking into consideration credits prisoners get, he would be about 91 years old when he gets a chance at freedom."
Posted at 06:00 PM by Howard Bashman


"Scholar Presses for More Supreme Court Diversity": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 05:22 PM by Howard Bashman


"Court ends group's challenge to Calif. law school": The Associated Press has a report that begins, "A federal appeals court has shot down another attempt by a Christian student group to force a California law school to formally recognize it, despite the group's refusal to allow gay members."

And at "SCOTUSblog," Lyle Denniston has a post titled "CLS's legal woes continue; The Ninth Circuit, ruling on a case returned by the Supreme Court, rejects a law student group's second attempt to keep alive its case on campus privileges."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 05:20 PM by Howard Bashman



"Democrats Plan Votes on Controversial Nominees, Senator Says": At "The BLT: The Blog of Legal Times," David Ingram has a post that begins, "President Barack Obama's nominees for the federal judiciary have stalled for months in part because of heated disagreement over a handful of nominees. Now, Senate Democrats are looking at forcing votes on four of them."
Posted at 05:10 PM by Howard Bashman


"Court weighs forced meds for mentally ill suspect": The Associated Press has this report on a case that was argued today before a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit.
Posted at 04:50 PM by Howard Bashman


"Judge Refuses To Delay Steven Hayes' Sentencing; Lawyers Cited Need For 'Extensive' Investigation": The Hartford Courant has this news update.

The New Haven Register has a news update headlined "Judge denies Hayes' lawyers request for delay in death sentence."

And, in related coverage, The Associated Press reports that "Jurors in Conn. home invasion trial get counseling."
Posted at 04:48 PM by Howard Bashman



Programming note: I will be presenting an oral argument this afternoon in Philadelphia before a three-judge panel of the U.S. Court of Appeals for the Third Circuit. Additional posts will appear here later today.

Update: I will post here a link to the oral argument audio once the Third Circuit places it online. My argument begins approximately 12 minutes into the recording, as I represent the plaintiff-appellee.
Posted at 09:15 AM by Howard Bashman



"Culver says he'd appoint justices if given the chance": Yesterday's edition of The Des Moines Register contained an article that begins, "Gov. Chet Culver said Monday that if given the opportunity he will fill Iowa's three Supreme Court justice vacancies before Republican Terry Branstad takes office on Jan. 14."
Posted at 07:46 AM by Howard Bashman


"Simpson lawyers ask justices to reconsider denial of robbery appeal": This article appears today in The Las Vegas Review-Journal.
Posted at 07:44 AM by Howard Bashman


"Listen to the Terminator: The Supreme Court should use a challenge to California's law on extremely violent video games to adjust its severe approach to content-based regulations of speech." Law professor Barry P. McDonald has this op-ed today in The Los Angeles Times.
Posted at 07:42 AM by Howard Bashman


Tuesday, November 16, 2010

"Breyer says justices must adapt to Facebook world": The Associated Press has this report.
Posted at 10:33 PM by Howard Bashman


"Oracle Wins Appeals Court Ruling Upholding Dismissal of Shareholder Suit": Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 03:14 PM by Howard Bashman


"Justice Thomas' wife may play less public role": Mark Sherman of The Associated Press has this report.
Posted at 01:54 PM by Howard Bashman


Federal Circuit overturns dismissal of an attorney's putative class action lawsuit alleging that the federal government's pay.gov system for paying court filing fees violates the Fair Credit Reporting Act's credit card receipt redaction requirements: You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit at this link.
Posted at 12:14 PM by Howard Bashman


"Ex-justice want even more diversity on high court; Stevens visiting Houston for Progressive Forum event": This interview appears online at the web site of The Houston Chronicle.
Posted at 10:04 AM by Howard Bashman


"Odd Court Routine: Being the Judge of Whether to Be the Judge." In today's edition of The New York Times, Adam Liptak has this new installment of his "Sidebar" column.
Posted at 10:02 AM by Howard Bashman


"Image Rights vs. Free Speech in Video Game Suit": This article appears today in The New York Times.
Posted at 07:28 AM by Howard Bashman


Monday, November 15, 2010

"Appeals Court sets stage for Proposition 8 arguments": The Sacramento Bee has a blog post that begins, "The 9th Circuit U.S. Court of Appeals announced today how it wants opposing sides to lay out their cases during a critical Dec. 6 hearing on California's gay marriage ban."

And at "SCOTUSblog," Lyle Denniston has a post titled "Prop. 8 hearing details."

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



"Gallegly animal bill passes House, but Senate might run out of time": The Ventura County Star has a news update that begins, "Rep. Elton Gallegly said Monday that his bill to ban the sale of videos showing the mutilation and torture of small animals might be dead for this year after House Democrats made what he called an unwarranted change."

And The Associated Press reports that "House votes on bill to stop animal 'crush videos.'"
Posted at 10:30 PM by Howard Bashman



"Justice Thomas's Wife May Be Exiting Advocacy Group": This article will appear Tuesday in The New York Times.
Posted at 10:25 PM by Howard Bashman


"Virginia Thomas apparently stepping down from 'tea party' group; The wife of Supreme Court Justice Clarence Thomas is going to 'take a back seat' at the conservative nonprofit she founded; The group's partisan tone has drawn criticism from legal ethics experts": David G. Savage of The Los Angeles Times has this news update.

And Nina Totenberg of NPR reports that "Clarence Thomas' Wife Quits Tea Party-Linked Group."
Posted at 09:01 PM by Howard Bashman



"Court Rules Gun Use in Drug Crimes Means Added 5 Years": Adam Liptak will have this article Tuesday in The New York Times.
Posted at 08:57 PM by Howard Bashman


"Gun Rights Advocates Challenge D.C. Firearm Restrictions": Today at "The BLT: The Blog of Legal Times," Mike Scarcella has a post that begins, "Calling this city's gun laws the most 'radically restrictive' in the country, a lawyer for a group of District of Columbia residents urged a federal appeals court in Washington today to strike down laws that requires gun owners to register all firearms and pass a training course."
Posted at 04:58 PM by Howard Bashman


"Virginia Thomas stepping down as head of Liberty Central": The Washington Post has a news update that begins, "Virginia Thomas, political activist and wife of Supreme Court Justice Clarence Thomas, has decided to relinquish control of Liberty Central, the conservative group she founded less than a year ago, so that the organization can escape the 'distractions' of her media celebrity, a spokeswoman said."
Posted at 04:55 PM by Howard Bashman


"Kagan offers practicality to arguments, settles in as new justice": Joan Biskupic will have this article Tuesday in USA Today.
Posted at 02:11 PM by Howard Bashman


"Silver Lining: Why Dems' Big Loss Could Pave The Way For Obama Nominees." Brian Beutler has this report at TPMDC.
Posted at 02:10 PM by Howard Bashman


"Legal High Fliers Flock to Challenge and Defend EPA Climate Regs": Lawrence Hurley of Greenwire has this report.
Posted at 02:05 PM by Howard Bashman


"Appeals Court Struggles With 'Red Flags Rule'": At "The BLT: The Blog of Legal Times," David Ingram has a post today that begins, "A federal appeals court in Washington wrangled today with the definitions of 'credit' and 'any person' as it tried to determine whether the Federal Trade Commission overstepped its authority in regulating the legal profession."
Posted at 02:04 PM by Howard Bashman


"High court to decide Monday whether illegal immigrants must pay higher college tuition": Maura Dolan of The Los Angeles Times has a blog post that begins, "The California Supreme Court is scheduled to decide Monday whether undocumented immigrants may continue to receive in-state tuition rates at the state's colleges and universities or be required to pay the higher rates charged to students from other states."

According to this notice of forthcoming filings from the Supreme Court of California, the decision will issue at 1 p.m. eastern time today.

Update: You can access the ruling at this link.

In early news coverage of the ruling, Howard Mintz of The San Jose Mercury News has an update headlined "State Supreme Court upholds law providing college benefits to undocumented students."

The Contra Costa Times has a news update headlined "California Supreme Court upholds immigrant-tuition law."

And Maura Dolan of The Los Angeles Times has a blog post titled "In-state tuition for illegal immigrants is preserved with California Supreme Court ruling."
Posted at 10:48 AM by Howard Bashman



Access online today's opinion in an argued case and Order List of the U.S. Supreme Court: The Court today issued one opinion in an argued case.

Justice Ruth Bader Ginsburg delivered the opinion of the Court in Abbott v. United States, No. 09-479. The decision was unanimous, with Justice Elena Kagan recused. You can access the oral argument transcript and audio via this link.

You can access today's Order List at this link. The Court granted review in two cases.

In early news coverage, The Associated Press reports that "Court OKs longer prison term in gun, drug crimes" and "Court won't get involved in patient advocate case."

And at "SCOTUSblog," Lyle Denniston has a post titled "A day for criminal law."
Posted at 10:04 AM by Howard Bashman



"Oklahoma Surprise: Islam as an Election Issue." Today's edition of The New York Times contains an article that begins, "Cory Williams, a Democratic state representative from Stillwater, expected his opponent in the recent election to label him a free-spending liberal allied with President Obama. He did not foresee that he would be accused of trying to subject Oklahomans to Islamic law."
Posted at 08:52 AM by Howard Bashman


"Putting Money on Lawsuits, Investors Share in the Payouts": This front page article appears today in The New York Times.
Posted at 08:48 AM by Howard Bashman


Judge experiences PDF redaction failure in Laos coup plot case: At his "Under the Radar" blog at Politico.com, Josh Gerstein today has a post titled "Judge slashes Laos coup plot case, exposes secret testimony" that begins, "Federal prosecutors suffered a major setback Friday as a federal judge threw out large portions of an unusual criminal case charging twelve California men with plotting to overthrow the government of Laos."
Posted at 08:44 AM by Howard Bashman


"Justices Scalia, Breyer speak at lecture series": This article appears today in The Daily Toreador, the student newspaper of Texas Tech University.

On Saturday, I had this post linking to additional coverage.
Posted at 08:35 AM by Howard Bashman



"Judges cite 'Kill Haole Day'; After a court rejects anonymity for plaintiffs suing Kamehameha Schools, the dissents note racism": Today in The Honolulu Star-Advertiser, Ken Kobayashi has an article that begins, "A federal appeals court ruling that rejected a challenge to the Kamehameha Schools admissions practice includes a heated debate over whether four non-Hawaiian students would be subject to racial attacks if their identities were revealed."

My earlier coverage of the Ninth Circuit's order denying rehearing en banc can be accessed here.
Posted at 08:22 AM by Howard Bashman



"Justices again consider employment-law cases": Robert Barnes has this article today in The Washington Post.
Posted at 08:14 AM by Howard Bashman


Sunday, November 14, 2010

"Under the U.S. Supreme Court: 'Dark' money clouds the political waters." Michael Kirkland of UPI has this report.
Posted at 11:48 AM by Howard Bashman


"Governor's legacy: More than most governors, Carcieri has shaped courts." Katie Mulvaney has this article today in The Providence (R.I.) Journal.
Posted at 11:46 AM by Howard Bashman


"Florida judges may be on political hot seat": The Palm Beach Post today contains an article that begins, "Using e-mails, websites and YouTube videos, conservative groups waged a stealth campaign against Florida Supreme Court Justices Jorge Labarga and James Perry. And some legal watchers are worried."
Posted at 11:44 AM by Howard Bashman


"Another go at 'a travesty of justice'": Today in The Pittsburgh Post-Gazette, Len Boselovic has an article that begins, "Hugh Caperton is a man who just won't take 'no' for an answer. Rebuffed three times by the West Virginia Supreme Court in his effort to collect the $50 million a Boone County, W.Va., court awarded him in 2002, Mr. Caperton is back to square one."
Posted at 11:42 AM by Howard Bashman


"U.S. Supreme Court hears California death penalty appeal; The case of Scott Pinholster, convicted in 1984 of stabbing two men to death, raises a key legal question: Can new evidence be used in federal court to upset a state conviction?" David G. Savage has this article today in The Los Angeles Times.

You can access the transcript and oral argument audio of last week's U.S. Supreme Court oral argument in Cullen v. Pinholster, No. 09-1088, via this link.
Posted at 11:38 AM by Howard Bashman



Saturday, November 13, 2010

"Opposition to U.S. trial likely to keep mastermind of 9/11 attacks in detention": Today's edition of The Washington Post contains an article that begins, "Khalid Sheik Mohammed, the self-proclaimed mastermind of the Sept. 11, 2001, attacks, will probably remain in military detention without trial for the foreseeable future, according to Obama administration officials."
Posted at 10:32 PM by Howard Bashman


"Justice selection will be left to new gov Branstad": The Associated Press has a report that begins, "A member of the commission that will offer potential replacements for ousted Iowa Supreme Court justices said the process can begin in December, but the panel isn't scheduled to make recommendations until January, likely leaving the choice to Gov.-elect Terry Branstad."
Posted at 02:05 PM by Howard Bashman


"Wiggins finally prevails in state Supreme Court race, unseating Sanders": Today's edition of The Seattle Times contains an article that begins, "Bainbridge Island attorney Charlie Wiggins has been elected to the state Supreme Court, unseating incumbent Richard Sanders after a tight race in which Sanders effectively conceded on Friday."

And The Associated Press has a report headlined "Sanders: Wash. Supreme Court win unlikely."
Posted at 02:03 PM by Howard Bashman



"The question presented is whether the New Hampshire School Patriot Act, which requires that the state's public schools authorize a period during the school day for students to voluntarily participate in the recitation of the Pledge of Allegiance, violates the First or Fourteenth Amendment to the Constitution of the United States." The U.S. Court of Appeals for the First Circuit issued this ruling yesterday. Michael Newdow served as counsel for plaintiffs. The appellate court rejected the plaintiffs' challenge to the constitutionality of that New Hampshire law.
Posted at 01:48 PM by Howard Bashman


"First Signed Opinion of Supreme Court Term Coming Monday": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 01:42 PM by Howard Bashman


"Supreme Court justices spar on Lubbock stage": Today's edition of The Lubbock Avalanche-Journal contains an article that begins, "Two-ninths of the nation's top court sparred in a verbal jousting match Friday in front of a Lubbock audience."

And The Associated Press reports that "Scalia, Breyer bandy about how to decide cases."
Posted at 01:40 PM by Howard Bashman



Friday, November 12, 2010

"High court allows gay military ban for now": The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Military gay ban intact."

You can access today's order of the U.S. Supreme Court at this link.
Posted at 02:04 PM by Howard Bashman



"Veteran With Case Before Supreme Court Has Died": Lawrence Hurley has this post at his "Washington Briefs" blog.
Posted at 02:00 PM by Howard Bashman


"W.D. Childers' case going to federal court": Yesterday's edition of The Pensacola News Journal contained an article that begins, "A federal appeals court will rehear the case it overturned earlier this year against former state Senate President and former Escambia County Commissioner W.D. Childers."

And The Associated Press has this report.

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

The now-vacated ruling that a divided three-judge Eleventh Circuit panel issued in this case in June 2010 can be accessed here.
Posted at 10:28 AM by Howard Bashman



"State cools threat to blogger over food stamp post": Jonathan Saltzman has this article today in The Boston Globe. The newspaper also contains an editorial entitled "State's error, not muckraker's."
Posted at 10:09 AM by Howard Bashman


"Lame ducks vs. the Constitution": Law professor Bruce Ackerman has this op-ed today in The Washington Post.
Posted at 10:04 AM by Howard Bashman


"Video Games and the First Amendment": This editorial appears today in The New York Times.
Posted at 09:57 AM by Howard Bashman


Thursday, November 11, 2010

"Chances of 'don't ask' repeal fading in Congress; The lame-duck session will focus on spending and taxes, and Republicans who oppose repeal can bide their time": The Los Angeles Times has this news update.
Posted at 10:30 PM by Howard Bashman


"Alaska's Big Spelling Test: How strong is Joe Miller's argument against the Leeza Markovsky vote?" Law professor Richard L. Hasen, author of the "Election Law Blog," has this jurisprudence essay online at Slate.
Posted at 10:15 PM by Howard Bashman


"Judge Thomas Porteous' attorneys want one last argument before Senate impeachment vote": Bruce Alpert of The Times-Picayune of New Orleans has a news update that begins, "Attorneys for New Orleans federal Judge Thomas Porteous are asking the Senate to give them sufficient time before a decisive vote in the next few weeks to present arguments on why the judge's removal from office 'could substantially alter' more than two centuries of legal precedent."

Law professor Jonathan Turley, via a post at his blog, has placed the Porteous Post-Trial Brief online at this link.
Posted at 10:12 PM by Howard Bashman



"Hope. Change. Reality. Attorney General Eric Holder entered the Justice Department on a mission to reinvent it. He'd rectify the dubious hires of the Bush era; he'd shut down Guantanamo and try the most notorious detainees here on U.S. soil; head speak forcefully and often about the return of the rule of law. Unfortunately, Washington doesn't like an idealist." Wil S. Hylton will have this article in the December 2010 issue of GQ magazine.
Posted at 04:17 PM by Howard Bashman


"A Special Court for Veterans": Ronald D. Castille, Chief Justice of Pennsylvania, has this op-ed today in The New York Times.
Posted at 04:15 PM by Howard Bashman


"Cheerleader's silence not 'disruptive'": Online at the First Amendment Center, David L. Hudson Jr. has an essay that begins, "Can a silent cheerleader disrupt school activities? Is there a legitimate educational reason to punish a student for refusing to cheer for her alleged attacker? These questions form the basis for an appeal to the full 5th U.S. Circuit Court of Appeals filed on behalf of a former Texas cheerleader (known as H.S. in court papers), who was kicked off the Silsbee High School squad after she didn't cheer for a basketball player who allegedly sexually assaulted her after a football game."

As I noted in this recent post, Bob Egelko of The San Francisco Chronicle had this lengthy article about the case in last Friday's issue of that newspaper.
Posted at 01:46 PM by Howard Bashman



"Alito to lecture at Duq. Rome campus": Today's edition of The Duquesne Duke contains an article that begins, "Supreme Court Justice Samuel Alito is expected to lecture at Duquesne law school's Rome summer study program this July."

And at ABA Journal's "Law News Now" blog, Debra Cassens Weiss has a post titled "Blogger Loudly Questions Alito's Dinner Attendance, Tapes Irate Security Guard" reporting on a post yesterday by Lee Fang at "ThinkProgress" titled "Exclusive: Supreme Court Justice Sam Alito Dismisses His Profligate Right-Wing Fundraising As 'Not Important.'"
Posted at 01:28 PM by Howard Bashman



"Supreme Court orders murderer's estate to compensate victims' family": Kirk Makin has this article today in The Toronto Globe and Mail.

And Janice Tibbetts of Postmedia News has an article headlined "Killer's estate ordered to repay victims' family; Supreme court decision; $10,000 award after triple murder/suicide sends message of 'denunciation': jurists."

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



"White House asks top court to allow gay dismissals": Bob Egelko has this article today in The San Francisco Chronicle.

Greg Stohr reports that "Obama Lawyers Back Military Gay Ban at Supreme Court."

Reuters reports that "High court urged not to intervene in gay ban case."

And at Politico.com, Josh Gerstein reports that "Justice asks to keep 'don't ask.'"
Posted at 08:04 AM by Howard Bashman



"Wiggins retains lead over Sanders in state Supreme Court race": Today's edition of The Seattle Times contains an article that begins, "Bainbridge Island attorney Charlie Wiggins still appeared headed for victory over state Supreme Court Justice Richard Sanders in the race for a seat on the state's highest court after Wednesday's election tallies."
Posted at 07:40 AM by Howard Bashman


Wednesday, November 10, 2010

"Iowa Vote Shows the Injustice of Electing Judges": Adam Cohen has this essay online today at the web site of Time magazine.
Posted at 10:22 PM by Howard Bashman


"Supreme Court considers gender discrimination in citizenship 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 "Supreme Court discusses gender discrimination in citizenship case; A deportee born in Mexico to an unwed American father says he should be deemed a U.S. citizen; But under U.S. law, unwed fathers have a harder time than unwed mothers in passing on their citizenship."
Posted at 10:15 PM by Howard Bashman



"A New Round in a Long Coal Battle": Today's edition of The New York Times contains an article that begins, "When advocates for judicial reform point to examples of how money can influence courtroom decisions, they often cite as exhibit A the case of Hugh M. Caperton."

And Thursday's edition of The Wall Street Journal will contain an article headlined "Massey Plaintiff Refiles." You can freely access the full text of the article via Google News.

The "Coal Tattoo" blog of The Charleston (W. Va.) Gazette has posted the complaint initiating suit at this link.
Posted at 09:10 PM by Howard Bashman



"Wiggins leads Sanders in WA Supreme Court race": The Associated Press has this report.
Posted at 09:02 PM by Howard Bashman


"Wolves and winners: George W. Bush writes about his high court picks." Bill Mears of CNN.com has this report.
Posted at 09:00 PM by Howard Bashman


"Sex toy drive-thru: Alabama shop to offer window service." Today's edition of The Huntsville Times contains an article that begins, "Pleasures, a 'one-stop romance shop' that challenged Alabama's ban on sex toys, has a new, unique claim to fame: It will feature three sex toy drive-thru lanes at its new University Drive location."
Posted at 08:57 PM by Howard Bashman


"Justices Weigh Railroad Tax That Aids Alabama Schools": Mark Walsh has this post at the "School Law" blog of Education Week.
Posted at 06:12 PM by Howard Bashman


"Attorney general says 9/11 trial decision is near": The Associated Press has a report that begins, "Attorney General Eric Holder says the Obama administration is close to making a decision on where to hold a trial for professed 9/11 mastermind Khalid Sheikh Mohammed."

And at his "Under the Radar" blog at Politico.com, Josh Gerstein has a post titled "Holder: decision 'close' on 9/11 trial."
Posted at 05:24 PM by Howard Bashman



"DOJ asks high court not to touch gay military ban": The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "U.S.: Don't interrupt gay ban." The federal government's response filed in the U.S. Supreme Court today can be accessed here.
Posted at 05:20 PM by Howard Bashman



"Should the Supreme Court Stop Inviting Amici Curiae to Defend Abandoned Lower Court Decisions?" Brian P. Goldman has posted this article (to be published in the Stanford Law Review) online at SSRN. Thanks to "SCOTUSblog" for the pointer.
Posted at 05:17 PM by Howard Bashman


"How obscene is video game violence? Common sense can keep gruesome offerings from kids; There is no need to reinterpret the First Amendment." Ken Paulson, president of the First Amendment Center, had this op-ed yesterday in USA Today.
Posted at 03:35 PM by Howard Bashman


Third Circuit orders supplemental briefing in case challenging a federal court's ability to certify nationwide state law indirect purchaser antitrust class actions for purposes of settlement: You can access today's quite fascinating order of the en banc U.S. Court of Appeals for the Third Circuit at this link.

The original three-judge panel's now-vacated ruling in the case can be accessed here. My earlier coverage of this case, in which I serve as appellate counsel for the objector whose arguments prevailed before the original three-judge panel, can be accessed here.

Today's Third Circuit order appears to invite amicus briefs from parties interested in the sort of antitrust and federalism issues that this case presents. Already, since the time that the Third Circuit granted rehearing en banc, three Class Counsel-friendly amicus briefs have been filed. Last week, I submitted for filing in the Third Circuit this response to those amicus briefs.
Posted at 02:51 PM by Howard Bashman



"Court weighs citizenship rule that varies by sex": Mark Sherman of The Associated Press has this report.
Posted at 02:10 PM by Howard Bashman


"Bush: 'The Wolves of Washington' and the Roberts/Miers/Alito Nominations." CBS News chief legal correspondent Jan Crawford has this post at her "Crossroads" blog.
Posted at 12:06 PM by Howard Bashman


"Falla Torruella a favor de la droga; Juez federal Torruella cree que legalizarla acabara con esa guerra": This article appears today in El Nuevo Dia of San Juan, Puerto, Rico.

In other coverage, The Associated Press reports that "US appeals court judge endorses legal marijuana."
Posted at 10:24 AM by Howard Bashman



"Another hearing in Abu-Jamal saga": In today's edition of The Philadelphia Inquirer, Nathan Gorenstein and Joseph A. Slobodzian have an article that begins, "Mumia Abu-Jamal's latest chance to get off death row now depends on whether three federal appellate judges believe they can win a legal argument with the U.S. Supreme Court."

The Philadelphia Daily News reports today that "Court hears arguments for Abu-Jamal resentencing."

And Reuters reports that "U.S. court hears arguments over fate of death row inmate."

Update: You can access the audio of yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Third Circuit via this link (61.1MB Windows Media audio file).
Posted at 09:12 AM by Howard Bashman



"Dismissal of Keller's rebuke stands, court rules": In yesterday's edition of The Austin American-Statesman, Chuck Lindell had an article that begins, "A special court of review on Monday declined to reconsider a decision to void an ethics rebuke given to Sharon Keller for her role in a botched execution-day appeal, apparently ending the case against Texas' top criminal judge."

And The San Antonio Express-News reported yesterday that "Panel does not change decision in Keller case."

The "Tex Parte" blog has posted Monday's order denying rehearing at this link.

Meanwhile, in related news, Chuck Lindell of The Austin American-Statesman reported last Friday that "Taxpayers not liable for Keller's legal fees, court says."
Posted at 09:06 AM by Howard Bashman



"Wiggins takes lead in state Supreme Court race": The Seattle Times today contains an article that begins, "Bolstered by King County votes, Bainbridge Island attorney Charlie Wiggins took his first lead Tuesday in the state Supreme Court race and appeared headed for victory over state Supreme Court Justice Richard Sanders."
Posted at 08:57 AM by Howard Bashman


Tuesday, November 9, 2010

"Top court hears kinky arguments": Today's edition of The Toronto Sun contains an article that begins, "Supreme Court judges may be I asking, 'I went to law school for this?' A case before the Supreme Court Monday asked whether someone can consent in advance to sexual activity that is to happen while they are unconscious."
Posted at 10:16 PM by Howard Bashman


"Judge details rationale for halting anti-Shariah law measure": Josh Gerstein has this post at his "Under the Radar" blog at Politico.com.
Posted at 10:14 PM by Howard Bashman


"Sexing Citizenship: The Supreme Court should strike down an old citizenship law that discriminates against fathers." Kristin Collins and Linda K. Kerber have this jurisprudence essay online at Slate.
Posted at 10:08 PM by Howard Bashman


"Supreme Court Weighs Whether Consumers Have Right to Class-Action Suits": Adam Liptak will have this article Wednesday in The New York Times.

In Wednesday's edition of The Los Angeles Times, David G. Savage will have an article headlined "Supreme Court weighs whether consumers' small suits can be combined."

Robert Barnes of The Washington Post has a news update headlined "Supreme Court hears challenge on class-action arbitration suits."

In Wednesday's edition of The Wall Street Journal, Jess Bravin will have an article headlined "Justices Question Contracts That Block Class Actions."

Joan Biskupic of USA Today has a news update headlined "Supreme Court hears case involving sales tax on 'free' cellphone."

Greg Stohr of Bloomberg News reports that "Consumer Arbitration Case Divides U.S. Supreme Court."

Bill Mears of CNN.com reports that "High court to decide dispute over taxes on 'free' cell phone."

Tony Mauro of The National Law Journal has an article headlined "Class actions on the ropes? Not likely."

And online at Slate, Dahlia Lithwick has a Supreme Court dispatch headlined "Can You Hear Them Now? The Supreme Court reads the fine print on your cell phone contract."
Posted at 09:02 PM by Howard Bashman



"Wiggins takes lead in WA Supreme Court race": The Associated Press has a report that begins, "Charlie Wiggins took a slim lead Tuesday over incumbent Justice Richard Sanders after trailing him for nearly a week of vote counting in the race for state Supreme Court."
Posted at 08:54 PM by Howard Bashman


"Appeals court vacates ruling on mental retardation": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "The federal appeals court on Tuesday vacated its ruling that found unconstitutional the burden Georgia puts on capital defendants to prove they are mentally retarded -- and thus ineligible for execution."

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

My earlier coverage of the original, now-vacated, divided three-judge panel's ruling appears at this link.
Posted at 08:50 PM by Howard Bashman



"Extreme divide on terror issues": At Politico.com, Josh Gerstein has a lengthy article that begins, "The intense focus on the differences between President Barack Obama and House Republicans on government spending and tax cuts has eclipsed the yawning gulf that separates Obama and the incoming House leadership on counterterrorism policy, Guantanamo and the use of civilian courts to try accused Sept. 11 plotter Khalid Sheik Mohammed and other terrorism suspects."
Posted at 06:15 PM by Howard Bashman


"Abu-Jamal case back before Philadelphia court": The Associated Press has this updated report.
Posted at 05:54 PM by Howard Bashman


"Court: No campaign finance limits for small groups." The Associated Press has a report that begins, "A federal appellate court on Tuesday deemed unconstitutional Colorado's voter-approved campaign reporting requirement for small groups promoting ballot initiatives, raising hopes that the ruling could be used to overturn similar requirements for issues groups across the country."

You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 04:06 PM by Howard Bashman



"Court hears dispute over sales tax on 'free' phone": Mark Sherman of The Associated Press has a report that begins, "The Supreme Court seemed wary about a business-backed challenge that could make it almost impossible for consumers to band together to make claims against their cell phone carriers, cable providers and credit card companies."

You can access the transcript of today's U.S. Supreme Court oral argument in AT&T Mobility LLC v. Concepcion, No. 09-893, at this link.

Earlier, today's edition of The Philadelphia Inquirer previewed the case in an article headlined "Supreme Court to consider limits on class-action suits."
Posted at 01:40 PM by Howard Bashman



"Republican Activists in Congress Choke U.S. Courts": Bloomberg News columnist Ann Woolner has this judicial confirmation-related essay.
Posted at 10:42 AM by Howard Bashman


"Supreme Court Sibling Rivalry: Will Sonia Sotomayor and Elena Kagan elbow each other to greatness?" Law professor Noah Feldman has this jurisprudence essay online at Slate.
Posted at 10:20 AM by Howard Bashman


"Hayes Sentenced To Death In Murders Of Petit Family; Jury Finds For Death On All Six Possible Death-Penalty Counts": This article appears today in The Hartford Courant, along with an article headlined "Pleased With Verdict, Petit Faults Process." In addition, columnist Helen Ubinas has an essay entitled "Justice, But No Closure."

Today's edition of The New Haven Register contains articles headlined "Dr. Petit: 'Glad for the girls that there was justice,' as Hayes sentenced to die" and "Hayes unlikely to be executed anytime soon," along with an editorial entitled "Hayes death sentence just and appropriate."

The New York Times contains articles headlined "Death Penalty for a Killer of 3 in Connecticut"; "With Appeals, an Execution, if It Happens, May Be Many Years Away"; and "Cheshire Case Jurors Speak on Death Verdict."

The Wall Street Journal contains an article headlined "Death Penalty in Triple Killing."

And USA Today reports that "Conn. man gets death sentence; 3 killed in 2007 home invasion."
Posted at 10:15 AM by Howard Bashman



"Mumia Abu-Jamal case back before appeals court": The Associated Press has this report.

When the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Third Circuit becomes available online, I will link to it.
Posted at 09:54 AM by Howard Bashman



"Justices won't hear challenge to health-care law": Robert Barnes has this article today in The Washington Post.
Posted at 08:33 AM by Howard Bashman


"A Blow to the Courts": This editorial appears today in The New York Times.

Today's edition of The Philadelphia Inquirer contains an editorial entitled "Targeting judges."

At National Review Online, Thomas Sowell has an op-ed entitled "Stopping Judicial Imperialism: If judges are going to act like politicians, then they should be voted out like politicians."

My op-ed on this subject appeared in yesterday's edition of The Legal Intelligencer.
Posted at 08:30 AM by Howard Bashman



"US says it has legal authority to kill American-born Anwar al-Awlaki; An ACLU lawsuit is challenging the legality of including Anwar al-Awlaki on a secret 'kill list'; The US says killing the cleric, an Al Qaeda member, would safeguard national security": Warren Richey of The Christian Science Monitor has this report.
Posted at 08:26 AM by Howard Bashman


"Oklahoma Shariah Ban Is Blocked": Jess Bravin has this article today in The Wall Street Journal.

Today's edition of The Tulsa World reports that "Judge's order halts certification of SQ 755."

And The Oklahoman reports that "Leader says Oklahoma's Muslim community is feeling backlash from Sharia law amendment; The executive director of the Oklahoma chapter of the Council on American-Islamic Relations said the Muslim community is seeing an increase in hate mail in the aftermath of the Sharia law amendment."
Posted at 08:22 AM by Howard Bashman



"Plea for Execution Drug: Faced With Shortage of Anesthetic, Oklahoma Seeks Court Permission for New One." In today's edition of The Wall Street Journal, Nathan Koppel has an article that begins, "Oklahoma is preparing to argue in court next week that a drug used to euthanize animals can also be used to execute death row inmates amid a nationwide shortage of an anesthetic used in executions."
Posted at 08:16 AM by Howard Bashman


"Gay Couples Begin Attack on U.S. Marriage Law": John Schwartz has this article today in The New York Times.
Posted at 08:07 AM by Howard Bashman


"Convictions upheld for medical pot-growing couple": Bob Egelko has this article today in The San Francisco Chronicle.

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 08:02 AM by Howard Bashman



"Repeal of 'Don't Ask, Don't Tell' Faces Struggle in Congress": This article appears today in The New York Times.

And The Washington Post reports today that "McCain fights White House on 'don't ask.'"
Posted at 07:58 AM by Howard Bashman



Monday, November 8, 2010

"Justices Hear Case on Taxing of Students": Adam Liptak will have this article Tuesday in The New York Times.

And Dow Jones Newswires report that "Justices Reluctant to Let Medical Residents Skip Taxes."
Posted at 10:44 PM by Howard Bashman



"Ruling Deals Blow Against Lawsuit Against Kamehameha; Attorneys Wanted To Keep Plaintiff Identities Private": ABC News affiliate KITV 4 in Honolulu has this report on an order denying rehearing en banc that the U.S. Court of Appeals for the Ninth Circuit issued today.

Chief Judge Alex Kozinski and Circuit Judge Stephen Reinhardt issued dissents from the denial of rehearing en banc.
Posted at 10:35 PM by Howard Bashman



"Challenger Wiggins pulls closer to Justice Sanders": The Associated Press has a report from the State of Washington that begins, "Incumbent Justice Richard Sanders watched his lead over challenger Charlie Wiggins shrink in Monday's vote-counts for a contested seat on the state Supreme Court."
Posted at 10:22 PM by Howard Bashman


"Court Upholds Sentence For Couple Who Grew Pot": Bay City News has an article that begins, "An El Dorado County doctor and her attorney husband lost a bid to a federal appeals court in San Francisco today to overturn their convictions and five-year sentences for growing what they said was medical marijuana."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 06:02 PM by Howard Bashman



"Too much money in politics? Ain't seen nothing yet." Jim Kuhnhenn of The Associated Press has this report.
Posted at 03:26 PM by Howard Bashman


"New lawyer to argue latest Mumia Abu-Jamal appeal": The Associated Press has this report.
Posted at 02:45 PM by Howard Bashman


"Violent video games, justice by justice": Tony Mauro has this news analysis online today at the First Amendment Center.
Posted at 02:44 PM by Howard Bashman


"Court seems divided on taxing medical residents": Jesse J. Holland of The Associated Press has this report.

You can access the transcript of today's U.S. Supreme Court oral argument in Mayo Foundation for Medical Ed. and Research v. United States, No. 09-837, by clicking here.
Posted at 01:32 PM by Howard Bashman



"Order blocks Oklahoma constitutional amendment": The Tulsa World has a news update that begins, "A federal judge on Monday issued an order temporarily blocking certification of the election results for a state question banning the use of Shariah law."

And The Associated Press reports that "Court order blocks Okla. amendment on Islamic law."
Posted at 01:28 PM by Howard Bashman



"High court reviews Costco sale of Swiss watches": The Associated Press has this report.

You can access the transcript of today's U.S. Supreme Court oral argument in Costco Wholesale Corp. v. Omega S.A., No. 08-1423, by clicking here.
Posted at 01:20 PM by Howard Bashman



"Hayes Sentenced To Death": The Hartford Courant has a news update that begins, "A Superior Court jury decided today to sentence Steven Hayes to death for the murders of Jennifer Hawke-Petit and her daughters, Hayley and Michaela, during a seven-hour home invasion, robbery and arson at their Cheshire home in July 2007."

And The Associated Press reports that "Conn. man condemned to die for fatal home invasion."
Posted at 11:54 AM by Howard Bashman



Access online today's Order List of the U.S. Supreme Court: The Court has posted today's Order List at this link. The Court did not grant review in any new cases today.

The first opinion of the new Term issued today. The Court released a unanimous, per curiam opinion in Wilson v. Corcoran, No. 10-91.

In early news coverage, The Associated Press has reports headlined "High court turns down early health care challenge"; "Court lets NFL complaint go to state court"; "Court refuses to step into custody dispute"; and "Supreme Court won't stop new sentencing hearing."

And at "SCOTUSblog," Lyle Denniston has a post titled "Health care case denied; no grants."
Posted at 10:03 AM by Howard Bashman



"How Did Elections Affect Pa. 'Merit Selection' Battle?" This month's installment of my "Upon Further Review" column appears today in The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.

It begins, "Last week's decision by Iowa voters to remove three justices serving on that state's Supreme Court has produced the predictable hand-wringing and consternation from those who think they know better than we do what's best for society. In actuality, however, the judicial retention vote in Iowa merely shows that the system is operating in the manner in which it was designed."
Posted at 09:30 AM by Howard Bashman



"State has enough sodium thiopental to execute four; Corrections Department won't say where the lethal-injection drug came from, and that may mean its use is forbidden": Carol J. Williams has this front page article today in The Los Angeles Times.
Posted at 08:00 AM by Howard Bashman


"Can US kill American-born cleric Anwar al-Awlaki? Judge to hear case; American-born cleric Anwar al-Awlaki is hiding in Yemen, where he's a leader of Al-Qaeda in the Arabian Peninsula; He's trained terrorist recruits and helped prepare the Christmas Day bomber." Warren Richey of The Christian Science Monitor has an article that begins, "A federal judge is set to hear arguments on Monday in a lawsuit challenging an alleged secret Obama administration plan to use lethal force against an American-born Islamic cleric hiding in Yemen."
Posted at 07:50 AM by Howard Bashman


"Drive to Repeal 'Don't Ask' Policy All but Lost for Now": The Wall Street Journal contains this article today.
Posted at 07:46 AM by Howard Bashman


"New Michigan Supreme Court majority shouldn't rush to reverse recent precedents": This editorial appears today in The Detroit News.
Posted at 07:36 AM by Howard Bashman


"Costco's Swatch Sales May Lead High Court to Limit Gray Market": Greg Stohr of Bloomberg News has this report.
Posted at 07:30 AM by Howard Bashman


Sunday, November 7, 2010

"Top court takes peek into nation's bedrooms": Janice Tibbetts of Postmedia News has an article that begins, "Can you consent to sex when you're voluntarily choked unconscious? The Supreme Court of Canada on Monday will consider whether an Ottawa woman, who had admittedly kinky sex with her longtime partner, was a victim of sexual assault when he sodomized her against her will while she was passed out, even though she had agreed to asphyxiation."

Today's edition of The Toronto Star contains an article headlined "Can an unconscious person consent to sex?"

The Canadian Press reports that "Women's group fights to keep 'advance' sexual consent from being passed into law."

And yesterday in The Winnipeg Free Press, law professor Karen Busby had an op-ed entitled "Sexual defence threatens women."
Posted at 11:06 PM by Howard Bashman



"Jousting Justices": In the Sunday Book Review section of today's edition of The New York Times, Adam Cohen has this review of law professor Noah Feldman's book "Scorpions: The Battles and Triumphs of FDR's Great Supreme Court Justices."

Law professor Jeremy Rabkin had a review of the book headlined "The New Dealers' Court" in yesterday's edition of The Wall Street Journal.

And law professor Eric A. Posner had a review of the book headlined "The Four Tops" last month in The New Republic.
Posted at 10:58 PM by Howard Bashman



"Cordray under consideration for Ohio Supreme Court after losing race for attorney general": The Cleveland Plain Dealer contains this article today.
Posted at 10:47 PM by Howard Bashman


"Texas high courts welcome clerks with diverse views": Martha Lackritz has this op-ed today in The Houston Chronicle.
Posted at 10:46 PM by Howard Bashman


"Westboro Baptist Church explored": The Tulsa World contains this article today, along with an article headlined "Westboro members say hateful messages given in love."
Posted at 10:44 PM by Howard Bashman


"Federal courts in Norfolk wrestle over definition of piracy": This article will appear Monday in The Virginian-Pilot.
Posted at 10:39 PM by Howard Bashman


"Another appeals hearing set for Abu-Jamal": In today's edition of The Philadelphia Inquirer, Nathan Gorenstein has an article that begins, "It's been 28 years since Mumia Abu-Jamal was convicted of murder and sentenced to die for the shooting death of Police Officer Daniel Faulkner. But on Tuesday, his case will be back in court for another appellate hearing, and lawyers say a final resolution remains years away."
Posted at 10:36 PM by Howard Bashman


"Supreme Court case involving class actions could affect waitresses' suit against Hooters": This article will appear Monday in The Washington Post.

And today in The San Francisco Chronicle, law professor Brian T. Fitzpatrick has an op-ed entitled "Supreme Court case could end class-action suits."
Posted at 10:33 PM by Howard Bashman



"Jurors In Hayes Case Adjourn For The Day Without Reaching A Decision On Death Penalty": The Hartford Courant has this news update.

And The New Haven Register has a news update headlined "Hayes jury goes back to work Monday; knock on the door Sunday was a request for pizza."
Posted at 10:28 PM by Howard Bashman



"Texas cheerleader suing -- didn't root for attacker": Bob Egelko had this article in Friday's edition of The San Francisco Chronicle.

My earlier coverage of the Fifth Circuit's non-precedential ruling in this case appears in this post from September 2010.
Posted at 11:23 AM by Howard Bashman



"Under the U.S. Supreme Court: Should school children lawyer up?" Michael Kirkland of UPI has this report.
Posted at 11:18 AM by Howard Bashman


"Tech law to host Supreme Court Justices Scalia, Breyer": The Lubbock (Tex.) Avalanche-Journal contains this article today.

And last Thursday, Vanderbilt News issued a press release headlined "Supreme Court Justice Stephen Breyer to speak at Vanderbilt Law School."
Posted at 11:17 AM by Howard Bashman



"Will justices vote tarnish or help Iowa's image?" This article appears today in The Des Moines Register.
Posted at 11:14 AM by Howard Bashman


Saturday, November 6, 2010

"Private property can't become public beach, court rules; Woman had been ordered to move or raze homes after Hurricane Rita reshaped shoreline": Chuck Lindell has this article today in The Austin American-Statesman.

Today's edition of The Houston Chronicle reports that "Beach homeowners win ruling; Court says state can't take land; critic fears public access jeopardized."

And The Galveston County Daily News contains an article headlined "Are Texas' beaches still open to the public?"

Yesterday's ruling of the Supreme Court of Texas consists of a majority opinion and a dissenting opinion.
Posted at 04:32 PM by Howard Bashman



"Remaining four justices could face ouster efforts": Grant Schulte has this article today in The Des Moines Register.

And today's edition of The Wall Street Journal contains an editorial entitled "Iowa's Total Recall: Voters give activist judges the boot; Lawyers are shocked." You can freely access the full text of the editorial via Google News.
Posted at 04:20 PM by Howard Bashman



"The Other Oil Cleanup: Trial lawyers like Tony Buzbee got rich putting the screws to corporate America; But in the wave of gulf-spill litigation, they're struggling to not get cut out of the action." This lengthy cover story will appear in Sunday's issue of The New York Times Magazine.
Posted at 01:32 PM by Howard Bashman


"Change of venue denied for Mitchell; Appeals court sees no reason suspect can't get fair trial here": This article appears today in The Deseret News.

Today's edition of The Salt Lake Tribune contains articles headlined "Appeals court orders Mitchell trial to resume Monday" and "Analysis: Many kidnap jurors met standards."

You can access yesterday's order of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 11:14 AM by Howard Bashman



"Federal court denies Troy Davis appeal; Judge Moore's reasoning in case upheld": Today's edition of The Savannah Morning News contains an article that begins, "A federal appeals court Friday rejected Troy Anthony Davis' attempt to appeal a ruling denying him a challenge in the 1989 murder of off-duty Savannah police officer Mark Allen MacPhail. A three-judge panel of the 11th U.S. Circuit Court of Appeals agreed with U.S. District Judge William T. Moore Jr.'s reasoning that any appeal of his order must go directly to the U.S. Supreme Court, rather than the circuit court."

You can access yesterday's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 11:08 AM by Howard Bashman



Friday, November 5, 2010

"Log Cabin asks Supreme Court to reinstate ban on 'don't ask'": Josh Gerstein has this post at his "Under the Radar" blog at Politico.com.

The Associated Press reports that "Supreme Court asked to review gay military ban."

And at "SCOTUSblog," Lyle Denniston has a post titled "Military gay ban newly tested."
Posted at 05:52 PM by Howard Bashman



"Removal of Iowa judges may inspire similar efforts": The Associated Press has this report.
Posted at 04:02 PM by Howard Bashman


"In Cheshire Triple-Murder Case, Jury to Weigh Sentence": This article appears today in The New York Times. The newspaper also has an update headlined "Jurors Deliberate Death Penalty in Connecticut."

And today's edition of The New Haven Register contains an article headlined "A final plea for Hayes' life: Defense: 'He's not a rabid dog to be put down.'"
Posted at 02:35 PM by Howard Bashman



"Justice Stevens and the Ground Zero Mosque": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 02:18 PM by Howard Bashman


"Appeals court overturns release of Gitmo detainee": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.

At "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Appeals Court Sides with DOJ, Vacates Release of Gitmo Prisoner."

And at "SCOTUSblog," Lyle Denniston has a post titled "Caution urged in detainee cases."
Posted at 02:16 PM by Howard Bashman



"Elections, court ruling leave small window for repeal of Don't Ask, Don't Tell": Amanda Bronstad of The National Law Journal has this report.
Posted at 08:03 AM by Howard Bashman


"Consumers' right to file class actions is in danger; If AT&T has its way before the Supreme Court, any business that issues a contract to customers would be able to prevent them from joining class-action lawsuits, taking away arguably the most powerful legal tool available to the little guy": Columnist David Lazarus has this op-ed today in The Los Angeles Times.
Posted at 08:02 AM by Howard Bashman


"Roderick Ireland, Massachusetts Supreme Judicial Court chief justice nominee, praises hometown Springfield at introduction": This article appears today in The Republican of Springfield, Massachusetts.

Today's edition of The Boston Globe contains a front page article headlined "SJC justice Ireland is Patrick's pick for chief; Would be 1st black to lead the court."

The Boston Herald reports that "Gov. Deval Patrick confident in Supreme Judicial Court chief pick."

And The New York Times contains an article headlined "Nomination for Massachusetts Chief Justice."
Posted at 08:00 AM by Howard Bashman



"Rutgers Law School asks Supreme Court to rule Iraq invasion unconstitutional on behalf of veteran": The Associated Press has this report.

And yesterday, Rutgers University issued a news release headlined "U.S. Supreme Court Asked by Rutgers-Newark Law School Clinic to Hear Case Challenging Constitutionality of Iraq War."
Posted at 07:56 AM by Howard Bashman



"Rejection of Iowa judges over gay marriage raises fears of political influence; California Supreme Court chief justice voices concerns about partisan pressures on jurists and backs a single, 15-year term without being put to a vote": Maura Dolan has this article today in The Los Angeles Times.

Today's edition of The Washington Post contains an editorial entitled "Firing judges."

And USA Today contains an editorial entitled "From Iowa, a chilling message for judges."
Posted at 07:52 AM by Howard Bashman



"Sonia Sotomayor's Last Laugh": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 07:48 AM by Howard Bashman


Thursday, November 4, 2010

"Election Likely to Affect EPA Litigation, Judicial Nominations": Lawrence Hurley of Greenwire has this report.
Posted at 09:03 PM by Howard Bashman


"Wiggins cuts Sanders' lead in WA high court race": The Associated Press has this report.
Posted at 08:57 PM by Howard Bashman


"Patrick nominates first African-American chief justice of SJC": The Boston Globe has a news update that begins, "Governor Deval Patrick announced this morning that he is nominating veteran associate justice Roderick L. Ireland as chief justice of the Massachusetts Supreme Judicial Court, an appointment that would make Ireland the first black person ever to lead the venerable court."
Posted at 08:52 PM by Howard Bashman


"Ten Commandments issue -- again": Lyle Denniston has this post at "SCOTUSblog."
Posted at 08:47 PM by Howard Bashman


"Justice Stevens voices support for NYC mosque": Mark Sherman of The Associated Press has this report.
Posted at 01:56 PM by Howard Bashman


"Oklahoma City resident plans to challenge measure on international, Sharia law, agency says": This article appears today in The Oklahoman.

And The Tulsa World reports today that "Lawsuit expected Thursday challenging Shariah law vote."
Posted at 12:15 PM by Howard Bashman



"Arizona's tuition tax credit debated at U.S. Supreme Court; Justices ask: Are donations made in lieu of taxes government money?" The Arizona Republic contains this article today.

And Marcia Coyle of The National Law Journal reports that "Arguments on preemption and religion offer red meat to the justices."
Posted at 08:06 AM by Howard Bashman



"Mason grad's Fantasy Supreme Court league more than a game; Online program excites Supreme Court enthusiasts, educates students": This article appeared recently in The Fairfax County Times.
Posted at 08:02 AM by Howard Bashman


"Justice Breyer visits Springside School": The Chestnut Hill (Pa.) Local has this report.
Posted at 08:00 AM by Howard Bashman


"Judge rejects mistrial in Hayes case; Penalty deliberations slated to start Friday": This article appears today in The New Haven Register.

Today's edition of The Hartford Courant contains an article headlined "Defense Details Mitigating Factors In Attempt To Keep Steven Hayes Off Death Row." In addition, columnist Helen Ubinas has an op-ed entitled "With Its Endless Horrors, Hayes Trial Has Changed Us."

And The Associated Press reports that "Closing arguments set in Conn. home invasion trial."
Posted at 07:52 AM by Howard Bashman



In today's edition of The Des Moines Register: The newspaper contains articles headlined "Removal of justices complicates court's calendar"; "Strong rural 'no' vote noted in justices' ouster"; and "Democratic leader in Iowa Senate vows he'll block vote on gay marriage."

The newspaper also contains an editorial entitled "Everyone lost in judicial retention election" and an op-ed by Marc Hansen entitled "No middle ground on removing justices."
Posted at 07:46 AM by Howard Bashman



"'Don't ask, don't tell' repeal a likely election casualty": Nancy A. Youssef and David Lightman of McClatchy Newspapers have this report.
Posted at 07:40 AM by Howard Bashman


"Starbucks defeats woman's tea burn lawsuit": Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued on Tuesday. The ruling consists of both a published and an unpublished opinion.
Posted at 07:28 AM by Howard Bashman


Wednesday, November 3, 2010

"Guantanamo military procedures at a standstill; The recent plea deal by former child soldier Omar Khadr is a reminder that many vexing questions about the prison remain unanswered; The result is paralysis": Carol J. Williams has this article today in The Los Angeles Times.

And The Washington Post has a news update headlined "In new memoir, Bush makes clear he approved use of waterboarding."
Posted at 10:46 PM by Howard Bashman



"Justices Revisit Use of Tax Credits for Religious Schools": Adam Liptak will have this article Thursday in The New York Times.

Robert Barnes of The Washington Post has a news update headlined "Justices debate whether tax law that benefits private schools violates clause."

David G. Savage of The Los Angeles Times has a news update headlined "Solicitor general surprises justices in religious schools case; The Obama administration says taxpayers have no right to sue if a state uses tax funds for parochial school tuitions; One advocate for separation of church and state calls the stance 'inexplicable.'"

Jess Bravin of The Wall Street Journal has a news update headlined "Justices Appear Divided on Arizona Tax-Break Program."

Joan Biskupic of USA Today has a news update headlined "High Court weighs fairness of tax credits for religious school students."

Warren Richey of The Christian Science Monitor has an article headlined "Religious schools, government money? Supreme Court hears Arizona case; The Supreme Court must decide if an Arizona program that gives tax credits for private school donations favors religion, or if participants in the program are just exercising personal choice."

And online at Slate, Dahlia Lithwick has a Supreme Court dispatch headlined "Standing Down: The Supreme Court wonders whether your non-money can fund non-religion."
Posted at 10:42 PM by Howard Bashman



"Mazda Seat Belt Case May Divide U.S. Supreme Court Over Minimum Standards": Angela Greiling Keane and Greg Stohr of Bloomberg News have this report.
Posted at 10:28 PM by Howard Bashman


"Ouster of Iowa Judges Sends Signal to Bench": A.G. Sulzberger will have this article Thursday in The New York Times.

And The Washington Post has a news update headlined "Gay marriage fight targeted Iowa judges, politicizing rulings on issue."
Posted at 10:25 PM by Howard Bashman



"Washington Supreme Court: Sanders leads state; Wiggins carries King County." The Seattle Times has this news update.

And The Associated Press reports that "Wash. Supreme Court race remains close."
Posted at 10:17 PM by Howard Bashman



"3 Iowa justices ousted, rulings likely slowed": The Associated Press has this report.
Posted at 09:12 PM by Howard Bashman


Zombies on appeal: The 90-minute debut episode of AMC's "The Walking Dead" concludes with a memorable scene that appears to have been filmed on the street outside of the Eleventh Circuit's Elbert P. Tuttle U.S. Court of Appeals Building in Atlanta. Additional information about this historic building can be accessed here. And you can view a photo from the episode in which the courthouse is visible in this blog post from The Atlanta Journal-Constitution. The zombies in the background of that photo are snacking on a horse. (A similar photo with the courthouse backdrop can be accessed here).

A complete recap of the episode (sans courthouse references) can be found in this blog post from The Houston Chronicle.
Posted at 05:16 PM by Howard Bashman



"Supreme Court Weighs Arizona Tuition Tax Credits": Mark Walsh has this post at the "School Law" blog of Education Week.
Posted at 04:40 PM by Howard Bashman


"Election Shakes Up Senate Judiciary Committee": David Ingram has this post at "The BLT: The Blog of Legal Times."
Posted at 04:37 PM by Howard Bashman


My son likes Sam Alito's sense of humor: Things you learn upon giving your 15-year-old son a copy of yesterday's oral argument transcript in Schwarzenegger v. Entertainment Merchants Ass'n, No. 08-1448. Thanks also to Justice Elena Kagan's mention of Mortal Kombat, which provided a means for getting my son interested in reading his first U.S. Supreme Court oral argument transcript.
Posted at 03:56 PM by Howard Bashman


"Court weighs allowing Mazda seat belt lawsuit": Jesse J. Holland of The Associated Press has a report that begins, "The Supreme Court is debating whether to let Mazda be sued over a woman who died while using a seat belt in her family's minivan."

Update: You can access the transcript of today's U.S. Supreme Court oral argument in Williamson v. Mazda Motor of America, Inc., No. 08-1314, by clicking here.
Posted at 01:48 PM by Howard Bashman



"High court hears Arizona school case": The Associated Press has this report.

Update: You can access the transcript of today's U.S. Supreme Court oral argument in Arizona Christian School Tuition Organization v. Winn, No. 09-987, by clicking here.

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: A Kennedy-Kagan axis?"
Posted at 11:44 AM by Howard Bashman



"Argument preview: Re-thinking religion cases." At "SCOTUSblog," Lyle Denniston has this preview of a case being argued this morning at the U.S. Supreme Court.
Posted at 10:38 AM by Howard Bashman


"Iowans dismiss three justices": In today's edition of The Des Moines Register, Grant Schulte has an article that begins, "Three Iowa Supreme Court justices lost their seats Tuesday in a historic upset fueled by their 2009 decision that allowed same-sex couples to marry."

The New York Times reports today that "In Iowa, Voters Oust Judges Over Marriage Issue."

The Chicago Tribune reports that "State Supreme Court justice wins retention battle; Group seeking caps on jury awards targeted Thomas Kilbride."

The Las Vegas Review-Journal reports that "Voters reject changing judge selection; Appellate court, Internet sales tax, eminent domain issues also fail."

The Detroit News reports that "GOP regains control of Supreme Court; Republicans Kelly, Young finish in top 2; Dems fall far behind."

The Detroit Free Press reports that "Beth Kelly and Robert Young win spots on Supreme Court."

The Seattle Times reports that "Sanders-Wiggins state Supreme Court contest too close to call."

The Denver Post contains articles headlined "Three Colorado Supreme Court justices appear to retain seats" and "'Personhood' amendment fails by 3-1 margin."

The Anchorage Daily News reports that "Voters retain Fabe as Alaska Supreme Court justice."

The Cleveland Plain Dealer reports that "Maureen O'Connor tops Eric Brown for chief of Ohio's high court."

The Toledo Blade reports that "O'Connor leads for chief justice, 1st woman in job."

The Minneapolis Star Tribune reports that "Top court justices coast to easy wins; Two justices faced frequent court candidates who want more open elections; one was unopposed."

Bill Rankin of The Atlanta Journal-Constitution reports that "Nahmias leads early returns in contested state Supreme Court race."

Later, however, The Rome (Ga.) News-Tribune reported that "Statewide judicial races headed to runoff."

And The Associated Press reports that "GOP retains control of Alabama Supreme Court."
Posted at 07:24 AM by Howard Bashman



Tuesday, November 2, 2010

"Simulated Originalism: James Madison, meet Postal 2." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 10:46 PM by Howard Bashman


"Supreme Court Debates Violent Video Game Ban": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "High court weighs Calif. effort to ban sale of violent video games to minors."

David G. Savage of The Los Angeles Times has a news update headlined "California law on violent video games appears to divide Supreme Court; Justices Stephen Breyer and John Roberts voice support for a law that would forbid the sale of violent video games to people under age 18; Justice Antonin Scalia, though, says depictions of violence and torture have never been restricted under the 1st Amendment."

Joan Biskupic of USA Today has a news update headlined "Justices challenge ban on violent video games."

Jesse J. Holland of The Associated Press reports that "Court hears arguments on violent video games."

Greg Stohr of Bloomberg News reports that "Violent Video Game Limits Questioned at High Court."

Bill Mears of CNN.com reports that "Court weighs state law banning 'violent' video games from children."

Brent Kendall of Dow Jones Newswires reports that "Court Voices Doubts on Violent Videogame Law."

And at "SCOTUSblog," Lyle Denniston has a post titled "'Common sense' and violence."

You can access the transcript of today's U.S. Supreme Court oral argument in Schwarzenegger v. Entertainment Merchants, No. 08-1448, at this link.
Posted at 03:38 PM by Howard Bashman



"Woman found guilty in Erie collar bombing; Pizza delivery man was killed in 2003 bank robbery": Paula Reed Ward has this article today in The Pittsburgh Post-Gazette.

And The Erie (Pa.) Times-News reports today that "Diehl-Armstrong, guilty in 'pizza bomber' trial, faces life sentence."
Posted at 11:17 AM by Howard Bashman



Pa. Supreme Court review sought to determine what types of negligence claims can be brought against the manufacturer of a dangerous prescription drug: Yesterday, in the case captioned Lance v. Wyeth, both the plaintiff and the defendant filed petitions for allowance of appeal seeking Pa. Supreme Court review of different aspects of the ruling that the Pa. Superior Court issued in the case.

You can access the plaintiff's petition for allowance of appeal at this link. The defendant's petition for allowance of appeal can be accessed here.

My most recent earlier coverage of this case, in which I am serving as appellate counsel for plaintiff, appears at this link.

After the Superior Court issued its ruling, Wyeth filed an application for reargument en banc or reconsideration -- which the Superior Court denied on October 1, 2010 -- raising issues similar to those now being raised in Wyeth's petition for allowance of appeal to the Pa. Supreme Court. Plaintiff's answer in opposition to Wyeth's application for reargument can be accessed here.
Posted at 10:50 AM by Howard Bashman



"Sleepy judge vote a focal point of Iowa election": The Associated Press has this report.
Posted at 09:57 AM by Howard Bashman


"Topekan to join Supreme Court": This article appears today in The Topeka Capital-Journal.

And The Salina Journal reports today that "Sacred Heart grad named to state Supreme Court."
Posted at 09:54 AM by Howard Bashman



"Mazda Seatbelt Case Prompts Automaker High Court Appeal for Claims Shield": Angela Greiling Keane and Greg Stohr of Bloomberg News have a report that begins, "The automobile industry, in a case involving Mazda Motor Corp., is seeking the U.S. Supreme Court's help in limiting lawsuits that accuse carmakers of failing to install the best safety equipment."
Posted at 09:50 AM by Howard Bashman


"A grilling over Skilling: Questions abound as three judges weigh the fate of Enron CEO's case." This article appears today in The Houston Chronicle.

You can access the audio of yesterday's Fifth Circuit oral argument via this link (53.7MB Windows Media audio file).
Posted at 09:47 AM by Howard Bashman



"Video game violence case goes to Supreme Court; The Supreme Court will rule on California's ban on the sale of violent video games to minors; The state says the games are a bad influence on young people, but the industry cites free-speech rights": David G. Savage and Alex Pham have this article today in The Los Angeles Times. Today's newspaper also contains an article headlined "Video game industry's public enemy No. 1: Jim Steyer, founder of Common Sense Media, lobbies zealously on behalf of a California law that bans the sale of violent games to minors." And yesterday's newspaper contained an editorial entitled "Good intentions, bad law: A California law making it illegal to sell or rent 'violent' video games to minors should be struck down on 1st Amendment grounds."

In today's edition of The San Francisco Chronicle, Bob Egelko reports that "US Supreme Court takes up violent video game ban." The newspaper also contains an editorial entitled "High court should allow video game law."

Howard Mintz of The San Jose Mercury News reported yesterday that "U.S. Supreme Court to hear challenge to California violent video game law."

Jesse J. Holland of The Associated Press reports that "Court hears arguments on violent video games."

Declan McCullagh of CNET News reports that "Supreme Court to weigh violent video game law."

And today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Calif. Pushes To Uphold Ban On Violent Video Games" featuring Nina Totenberg.
Posted at 08:20 AM by Howard Bashman



Monday, November 1, 2010

"Cleveland Solo Takes His Civ Pro Case Before the Justices": Mark Walsh has this post at ABA Journal's "Law News Now" blog.

You can access the transcript of today's U.S. Supreme Court oral argument in Ortiz v. Jordan, No. 09-737, at this link.
Posted at 08:40 PM by Howard Bashman



"Supreme Court to decide schoolchildren's rights; A student questioned on campus argues that police should have given him a Miranda warning": David G. Savage will have this article Tuesday in The Los Angeles Times.

In Tuesday's edition of The New York Times, Adam Liptak will have an article headlined "Court to Weigh Legal Aid in Contempt Cases."

And Warren Richey of The Christian Science Monitor has articles headlined "Advocacy groups won't get Supreme Court's ear on campaign finance; US Supreme Court declined Monday to examine whether nonprofit political advocacy groups can enjoy less stringent campaign finance rules that corporations and labor unions now do" and "Supreme Court declines to hear wrongly accused man's Patriot Act challenge; A Muslim American who was wrongly accused of involvement in a terror attack challenged a Patriot Act change to FISA as violating the Fourth Amendment; A federal judge agreed."
Posted at 08:30 PM by Howard Bashman



"In Wis., Feingold feels impact of court ruling": Robert Barnes of The Washington Post has an article that begins, "Sometimes, it takes years to see the impact of a Supreme Court decision on American life, and sometimes a ruling lands with an explosion. The Roberts Court's game-changing decisions on campaign finance reform have been both."
Posted at 08:16 PM by Howard Bashman


"Ottawa agrees to repatriate Omar Khadr": The Toronto Globe and Mail has this news update.

The Toronto Star has a news update headlined "Foreign minister on hot seat over Khadr deal."

And CNN.com reports that "Canada says it will accept Guantanamo detainee Khadr in a year."
Posted at 06:14 PM by Howard Bashman



"Appeals court extends life of gay military policy": The Associated Press has a report that begins, "A federal appeals court on Monday indefinitely extended its freeze on a judge's order halting enforcement of the military's 'don't ask, don't tell' policy."

Update: You can access today's order of a divided three-judge Ninth Circuit panel at this link.

In other coverage, Bob Egelko of The San Francisco Chronicle has a news update headlined "'Don't ask' will be the law until at least spring."

At Politico.com, Josh Gerstein reports that "'Don't Ask' policy kept in place."

And at "SCOTUSblog," Lyle Denniston has a post titled "Military gay policy continues."
Posted at 06:07 PM by Howard Bashman



"Grand Theft First Amendment: Will the Supreme Court limit the sale of violent video games to children?" Emily Bazelon has this essay online at Slate.
Posted at 06:02 PM by Howard Bashman


"Don't Defend, Don't Appeal? When may a president decline to defend a federal law?" Edward Whelan has this article in The Weekly Standard.
Posted at 06:00 PM by Howard Bashman


"A First Amendment Case, Shrouded in Secrets": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 05:48 PM by Howard Bashman


"High Court to Weigh 'Miranda' Rights of Juveniles at School": Mark Walsh has this post today at the "School Law" blog of Education Week.
Posted at 05:45 PM by Howard Bashman


"Law Review: Justice Breyer seeks a multidimensional approach to dissecting constitutional questions." This article appears today in The Philadelphia Inquirer.
Posted at 05:44 PM by Howard Bashman


Lawrence Hurley is reporting: In his new position as legal reporter for Greenwire, he has articles headlined "Supreme Court Asks Obama Admin to Weigh In on Riverbed Dispute" and "Debate Continues Over Impact of Supreme Court's Whale Ruling on Enviros' Bids to Halt Projects."
Posted at 05:42 PM by Howard Bashman


"New Iowa Poll: Voters tilt toward axing justices." The Des Moines Register has this report.
Posted at 04:58 PM by Howard Bashman


"Custody upheld for Vt. lesbian non-biological mom": The Associated Press has a report that begins, "The Vermont Supreme Court says a family court was right to award custody of an 8-year-old girl to her non-biological mother in a lesbian custody case."
Posted at 03:50 PM by Howard Bashman


"Woman convicted in deadly Pa. collar bomb robbery": The Associated Press has this report.
Posted at 03:08 PM by Howard Bashman


"9th Circuit Court hears AZ immigration enforcement law": C-SPAN has posted the video of today's oral argument at this link.

The Arizona Republic has a news update headlined "Arizona illegal immigration law gets appeals court hearing; Bill sponsor Pearce: Hearing 'went fairly well.'"

And The Associated Press reports that "Appeals court hints at tossing part of Arizona law."
Posted at 02:03 PM by Howard Bashman



"Romantic note interrupts Conn. home invasion trial": The Associated Press has this report.

And The Hartford Courant has a news update headlined "Judge: Final Alternate Juror In Steven Hayes Case Can Stay Despite Note To Marshal."
Posted at 11:30 AM by Howard Bashman



"Immigration-law fight far from over as Appeals Court considers injunction": Today's edition of The Arizona Republic contains an article that begins, "With battle lines over immigration drawn and the nation watching, attorneys for Arizona and the U.S. Department of Justice will debate Monday lifting a preliminary injunction against portions of the state's controversial immigration law, known as Senate Bill 1070."

Howard Fischer of The Arizona Daily Star reports today that "Three US judges being asked today to let state enforce immigration law; Arizona to make case for SB 1070."

Jerry Markon of The Washington Post reports that "Arizona's immigration law goes before U.S. appeals court."

The Contra Costa Times reported yesterday that "Arizona immigration law gets its day in San Francisco court."

And ABCNews.com reports that "Showdown Over Arizona Immigration Law Reaches Federal Appeals Court; Lawyers for Arizona Gov. Jan Brewer, Justice Department Make Oral Arguments Before Three-Judge Panel."

C-SPAN plans to broadcast live at noon eastern time today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 10:16 AM by Howard Bashman



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

The Court today granted review in five cases and called for the views of the Solicitor General in two cases.

Justice Samuel A. Alito, Jr. issued a dissent from the denial of certiorari in Wong v. Smith, No. 09-1031. The Chief Justice and Justice Antonin Scalia joined in Justice Alito's dissent.

In early news coverage, The Associated Press reports that "Court to decide university patent case"; "High court rejects campaign finance appeal"; "High court turns down Patriot Act challenger"; and "Court won't hear Nintendo patent case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Youth Miranda rights at issue."
Posted at 10:02 AM by Howard Bashman



"Skilling puts legal theory to test; 'Honest services' doctrine is focus of former Enron CEO's appeal today": This article appears today in The Houston Chronicle.
Posted at 09:56 AM by Howard Bashman






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