How Appealing

Sunday, July 31, 2011

"A gay-wedding crasher: A law professor attempts to use a homosexual rights ruling to defend a polygamous family in Utah." This editorial appears today in The Los Angeles Times.
Posted at 10:32 PM by Howard Bashman


"College affirmative action back on Supreme Court's horizon": Robert Barnes will have this article Monday in The Washington Post.
Posted at 10:24 PM by Howard Bashman


"CSX claims racketeering in Pittsburgh law firm's legal tactics": This article appears today in The Pittsburgh Post-Gazette.
Posted at 08:35 AM by Howard Bashman


"Under the U.S. Supreme Court: Can Obama raise the debt limit by himself?" Michael Kirkland of UPI has this report.
Posted at 08:32 AM by Howard Bashman


"Liu pick may heal Brown's legacy": Columnist Dan Morain has this op-ed today in The Sacramento Bee.
Posted at 08:30 AM by Howard Bashman


"High court asked to hear student online-speech case": David L. Hudson Jr. has this report online at the First Amendment Center.
Posted at 08:26 AM by Howard Bashman


"Divorce blog's rancor erupts in free-speech dispute": The Philadelphia Inquirer contains this article today.
Posted at 08:24 AM by Howard Bashman


Saturday, July 30, 2011

"Ruling Upholds Gene Patent in Cancer Test": This article appears today in The New York Times.

The Associated Press reports that "Federal court upholds patenting on human genes."

And Reuters reports that "Court upholds patenting of genes in Myriad case."

My earlier coverage of yesterday's Federal Circuit ruling appears at this link.
Posted at 08:52 PM by Howard Bashman



"Health care: Defining the challenge; The first significant challenge in the Court to the new health care law raises two constitutional challenges, but they are not pressed with equal vigor." Lyle Denniston has this post at "SCOTUSblog."
Posted at 11:20 AM by Howard Bashman


Friday, July 29, 2011

"Federal appeals court rejects Forsyth County's sectarian prayer practice": The Winston-Salem Journal has a news update that begins, "A federal appeals court has ruled that the Forsyth County Board of Commissioners was wrong to allow opening prayers at its meetings that singled out praise for a specific deity."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 11:26 PM by Howard Bashman



"Top court rules Ottawa can't be dragged into smoking suits": The Canadian Press has this report on a ruling that the Supreme Court of Canada issued today.
Posted at 01:54 PM by Howard Bashman


"Not So Confidential: A Call for Restraint in Sealing Court Records." Law professor Bernard Chao has posted this essay online (via "Patently-O").
Posted at 01:33 PM by Howard Bashman


"Federal Circuit: Isolated Human DNA Molecules are Patentable." The blog "Patently-O" has this post on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today. Each of the three judges on the panel wrote a separate opinion.
Posted at 01:26 PM by Howard Bashman


"Clemens accuses prosecutors of provoking mistrial": The Associated Press has this report.

And Bloomberg News reports that "Roger Clemens Asks Judge to Bar U.S. From Retrying Steroid Perjury Case."
Posted at 01:22 PM by Howard Bashman



"Judge orders release of Nixon Watergate testimony": The Associated Press has this report.

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Judge Orders Release Of Richard Nixon's Watergate Testimony."

You can access today's ruling of the U.S. District Court for the District of Columbia at this link.
Posted at 01:20 PM by Howard Bashman



"Lawyer tells appeals panel Chafee has right to refuse transfer of murder suspect to federal system": The Providence (R.I.) Journal today contains this article reporting on an oral argument that occurred yesterday before a three-judge panel of the U.S. Court of Appeals for the First Circuit.
Posted at 09:00 AM by Howard Bashman


"Gov. Jan Brewer's border security countersuit stumbling; Dismissal likely for state's immigration case vs. U.S." This article appears today in The Arizona Republic.

And in today's edition of The Arizona Daily Sun, Howard Fischer has an article headlined "Judge: No basis for ordering feds to protect border."
Posted at 08:56 AM by Howard Bashman



"Canada's top court to rule on tobacco liability; Ruling could mean Ottawa liable for billions in damages; Tobacco firms say government should share costs": Reuters has a report that begins, "Canada's Supreme Court will decide on Friday whether the federal government should be partly liable for damages, possibly amounting to many billions of dollars, stemming from lawsuits against tobacco firms."

The Supreme Court of Canada is scheduled to release its ruling at 9:45 a.m. eastern time today. The ruling, once issued, should be available via this link.
Posted at 08:52 AM by Howard Bashman



"Ruling may weaken escort roles at abortion clinics": Bob Egelko has this article today in The San Francisco Chronicle.

And The Oakland Tribune reports today that "Court holds all abortion demonstrators equal under Oakland 'bubble ordinance.'"

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 08:35 AM by Howard Bashman



"CA gay marriage ban case to be heard Sept. 6": The Associated Press has a report that begins, "California's highest court says it will hear arguments right after Labor Day on an issue that is likely to prove decisive for the fate of the state's voter-enacted ban on same-sex marriages."
Posted at 08:32 AM by Howard Bashman


"Jackson put to death by lethal injection": The News Journal of Wilmington, Delaware has an update that begins, "Robert W. Jackson III died by lethal injection at 12:12 a.m. today, the first man to be executed in Delaware in nearly six years."
Posted at 08:24 AM by Howard Bashman


"Loughner's attorneys appeal for end to his forced medication; The Tucson shooting suspect's public defenders say the government is violating his constitutional right to refuse potentially dangerous antipsychotic drugs": In today's edition of The Los Angeles Times, Carol J. Williams has this article reporting on the Brief for Appellant filed Wednesday in the U.S. Court of Appeals for the Ninth Circuit.
Posted at 08:20 AM by Howard Bashman


"Atheists Sue to Block Display of Cross-Shaped Beam in 9/11 Museum": This article appears today in The New York Times.

The Associated Press reports that "Atheist group sues over cross at Sept. 11 museum."

And Reuters reports that "Atheist group fights steel cross at 9/11 museum."
Posted at 08:10 AM by Howard Bashman



Thursday, July 28, 2011

"Barry Bonds prosecutors want verdict upheld": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 10:14 PM by Howard Bashman


"Hearing Set on Liu Nomination to California Supreme Court": Metropolitan News-Enterprise has this report.

And Bob Egelko of The San Francisco Chronicle reports today that "Goodwin Liu state high court hearing set Aug. 31."
Posted at 10:06 PM by Howard Bashman



"New Haven Firefighters To Get $2 Million In Reverse Discrimination Lawsuit; City Also Agrees To Pay Enhanced Pension Benefits": The Hartford Courant has this news update.

And The New Haven Register has a news update headlined "New Haven firefighters get $2 million in bias case."
Posted at 10:04 PM by Howard Bashman



"Homegrown Hurt": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 07:50 PM by Howard Bashman


"President Obama Nominates Judge Evan Jonathan Wallach to the United States Court of Appeals for the Federal Circuit": The White House issued this news release today.

The nominee currently serves as a judge on the U.S. Court of International Trade.

Update: At "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "International Trade Court Judge Nominated To The Federal Circuit."
Posted at 05:35 PM by Howard Bashman



"At Kansas senators' request, committee will not consider Steve Six's nomination to the U.S. Court of Appeals": The Associated Press has this report.
Posted at 04:40 PM by Howard Bashman


"Court OKs 'bubble' law for abortion protests": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 04:12 PM by Howard Bashman


Toilet paper design, on appeal: A Lanham Act dispute over toilet paper design is the subject of a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today. Senior Circuit Judge Terence T. Evans is the author of the opinion.
Posted at 02:16 PM by Howard Bashman


"Appeals Court's Ruling on Stormwater Runoff Provokes Political Backlash": Lawrence Hurley of Greenwire has this report.
Posted at 10:15 AM by Howard Bashman


"Ruling: Conn. tub search revealing reptile a crock." The Associated Press has this report on a ruling that the Supreme Court of Connecticut issued yesterday.

The ruling consists of a majority opinion and two dissenting opinions (here and here).
Posted at 09:34 AM by Howard Bashman



"Loughner lawyers again seek halt to his medication": The Associated Press has this report.

Sooner or later, last night's Ninth Circuit filing should be freely available via this link.
Posted at 09:28 AM by Howard Bashman



"Charleston attorney to be nominated for Fourth Circuit opening": The West Virginia Record has this report.
Posted at 09:23 AM by Howard Bashman


"Federal appeals court weighs tobacco law challenge": The Associated Press has this report.
Posted at 09:20 AM by Howard Bashman


"Justices Are Asked to Hear Challenge to Health Care Law": Adam Liptak has this article today in The New York Times.

Greg Stohr of Bloomberg News reports that "U.S. Supreme Court Asked to Overturn Obama Health-Care Law."

And The Associated Press reports that "Health care lawsuit reaches Supreme Court."

My most recent earlier coverage appears at this link.
Posted at 09:17 AM by Howard Bashman



Wednesday, July 27, 2011

"Court Upholds Discipline of Student Over Internet Bullying": At the "School Law" blog of Education Week, Mark Walsh has this post about a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.

Update: In other coverage, The Associated Press reports that "Court backs WV school in online bullying case."
Posted at 11:35 PM by Howard Bashman



"Halliburton won't take no for an answer--even from Supreme Court": Alison Frankel's "On the Case," from Thomson Reuters News & Insight, has details here.
Posted at 02:57 PM by Howard Bashman


"TMLC's Obamacare Challenge First to Reach U.S. Supreme Court": You can access the news release that the Thomas More Law Center issued today at this link and the petition for writ of certiorari at this link.

Update: At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Health Care Battle Reaches Supreme Court."
Posted at 02:54 PM by Howard Bashman



"George Lucas defeated over Star Wars stormtrooper replicas; UK supreme court rules British prop designer, Andrew Ainsworth, may sell replicas of stormtrooper outfits he made for original Star Wars film": The Guardian (UK) has this news update.

The Telegraph (UK) has a news update headlined "Judge rules on Star Wars Stormtrooper copyright battle; Supreme Court Justice Lord Walker announces a ruling in a multimillion-pound copyright battle over Star Wars Stormtrooper costumes."

BBC News reports that "Lucas loses Star Wars copyright case at Supreme Court."

Reuters reports that "UK man wins fight to make 'Stormtrooper' helmets."

The Associated Press reports that "Lucas loses UK battle over stormtrooper helmets."

And Bloomberg News reports that "Lucasfilm Loses Stormtrooper Helmet Case."

You can access today's ruling of the Supreme Court of the United Kingdom at this link. The court also issued this press summary of the ruling.
Posted at 02:48 PM by Howard Bashman



"Federal enforcement of marriage act is changing": Bob Egelko had this article in Monday's edition of The San Francisco Chronicle.
Posted at 02:35 PM by Howard Bashman


"American Atheists oppose U.S. Supreme Court review of Utah highway crosses case": This article appears today in The Deseret News.

And today's edition of The Salt Lake Tribune contains an article headlined "Attorney: Supreme Court shouldn't waste time on roadside crosses case."
Posted at 02:33 PM by Howard Bashman



"Judge dismisses suit on federal stem cell research": The Associated Press has this report on a ruling that the U.S. District Court for the District of Columbia issued today.

My earlier coverage of the D.C. Circuit's most recent ruling in the case can be accessed here and here.
Posted at 11:03 AM by Howard Bashman



"Appeals court set to hear tobacco law challenge": The Associated Press has a report that begins, "A federal appeals court is set to hear arguments over a law giving the Food and Drug Administration the power to regulate tobacco advertising and marketing."

According to the Oral Argument Calendar posted at the web site of the U.S. Court of Appeals for the Sixth Circuit, the three-judge panel assigned to hear and decide the appeal consists of Circuit Judges Eric L. Clay and Jane Branstetter Stranch and U.S. District Judge Michael R. Barrett of the Southern District of Ohio, sitting by designation.
Posted at 09:52 AM by Howard Bashman



Tuesday, July 26, 2011

"2010 Ninth Circuit Annual Report is Now Available Online!" So reports the Ninth Circuit's web site, which provides this link to the report.
Posted at 02:22 PM by Howard Bashman


"Wilmer Partner Headed for Judgeship": At "The BLT: The Blog of Legal Times," David Ingram has a post that begins, "The U.S. Senate voted unanimously today to confirm Paul Engelmayer, the partner in charge of Wilmer Cutler Pickering Hale and Dorr's New York office, for a federal judgeship."
Posted at 02:11 PM by Howard Bashman


"Brown nominates Goodwin Liu to state high court": Bob Egelko of The San Francisco Chronicle has this news update.

The Los Angeles Times has blog posts titled "Goodwin Liu, California Supreme Court nominee, 'deeply honored'"; "Goodwin Liu would give California Supreme Court an Asian majority"; and "California Supreme Court nominee Goodwin Liu sparks criticism."

The Daily Californian has a news update headlined "Brown nominates UC Berkeley professor Goodwin Liu to state Supreme Court."

Bill Mears of CNN.com reports that "Controversial law professor tapped for California high court."

And The Associated Press reports that "Gov. Brown nominates Goodwin Liu to CA high court."
Posted at 02:10 PM by Howard Bashman



"Jerry Brown nominates Goodwin Liu to California Supreme Court": Maura Dolan of The Los Angeles Times has this news update.
Posted at 12:15 PM by Howard Bashman


Monday, July 25, 2011

"Federal appeals court rules DNA samples after arrests OK": The Pittsburgh Tribune-Review has this news update.

And Warren Richey of The Christian Science Monitor has an article headlined "Federal court: If you're arrested, officials can take a DNA sample; A legal challenge to the federal law that allows authorities to take DNA samples from people who have been arrested or detained -- prior to any conviction -- was rejected by a federal court."

My earlier coverage of today's en banc Third Circuit ruling appears at this link.
Posted at 11:54 PM by Howard Bashman



"Ginsburg offers 'greatest hits' summary of past term": Bill Mears of CNN.com has this report.
Posted at 11:34 PM by Howard Bashman


"A priceless win at the Supreme Court? No, it has a price." Robert Barnes will have this article Tuesday in The Washington Post.

And at "SCOTUSblog," Lyle Denniston has a post titled "A rare request for Supreme Court fees."
Posted at 11:32 PM by Howard Bashman



"Question of Birth Becomes One of President's Power": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 11:20 PM by Howard Bashman


Congratulations, Jason Kipnis! Kipnis, who was first mentioned here at "How Appealing" in this post from September 3, 2009, earlier tonight had his first major league hit, a game-winning single that caused the Cleveland Indians to defeat the Los Angeles Angeles of Anaheim by a score of 3 to 2.

In coverage of this evening's game, The Cleveland Plain Dealer has a news update headlined "Jason Kipnis' RBI single caps ninth-inning rally as Cleveland Indians top Angels, 3-2." And MLB.com has a report headlined "Indians conjure late magic, walk off to snap skid."
Posted at 11:14 PM by Howard Bashman



"Judge Muir dies at 96": This past Saturday's edition of The Williamsport Sun-Gazette contained an article that begins, "A local judicial icon worked for the people until the almost minute he succumbed. Four days ago, U.S. Middle District Court Senior Judge Malcolm Muir, who died Friday at age 96, was busy in his chambers working on Social Security appeal cases, according to court officials and colleagues."

And this past Saturday's edition of The Harrisburg Patriot-News contained an article headlined "Judge Malcolm Muir, who presided over Budd Dwyer case, dies at 96."
Posted at 05:25 PM by Howard Bashman



"U.S. Appeals Court: OK to check DNA of those arrested." The Pittsburgh Post-Gazette has a news update that begins, "A closely divided 3rd U.S. Circuit Court of Appeals has found that the collection of DNA samples from people arrested -- but not yet convicted -- of crimes is constitutional, in an opinion released today."

You can access today's en banc ruling of the U.S. Court of Appeals for the Third Circuit, decided by a vote of 8-6, at this link.
Posted at 03:30 PM by Howard Bashman



"Diversity Comes to Judiciary; Bench Makeup Could Be Hallmark for Obama": Roll Call has this report.
Posted at 10:30 AM by Howard Bashman


"Michigan's overturned ban on affirmative action in college admissions may get 2nd look from court": The Associated Press has this report.
Posted at 10:12 AM by Howard Bashman


"Neb. doctor who performs late-in-pregnancy abortions in Md. talks about future of clinic, security concerns": Today's edition of The Washington Post contains a lengthy article that begins, "LeRoy Carhart travels from his home in Nebraska almost every week to perform abortions at a clinic in Germantown, Md. He rarely stays at the same hotel twice. He rolls dice to pick the route he'll take to work, because 'the biggest part of security is not being predictable,' he said."
Posted at 09:40 AM by Howard Bashman


Sunday, July 24, 2011

"The 14th Amendment, the Debt Ceiling and a Way Out": Adam Liptak will have this article Monday in The New York Times.
Posted at 08:33 PM by Howard Bashman


"Video of a Lethal Injection Reopens Questions on the Privacy of Executions": This article appears today in The New York Times.
Posted at 11:55 AM by Howard Bashman


"Documents: Loughner crying, pacing in prison cell." The Associated Press has this article reporting on the federal government's response filed Friday in the U.S. Court of Appeals for the Ninth Circuit.
Posted at 09:54 AM by Howard Bashman


"Experts say Clemens likely to go on trial again": The Associated Press has this report.
Posted at 09:50 AM by Howard Bashman


"Under the U.S. Supreme Court: Murdoch scandal's shadow reaching the United States?" Michael Kirkland of UPI has this report.

And today's edition of The New York Times contains a lengthy profile of former appellate attorney Joel I. Klein headlined "Ex-Schools Chief Emerges as Unlikely Murdoch Ally."
Posted at 09:38 AM by Howard Bashman



Saturday, July 23, 2011

"Supreme Court upholds metal bat case": This article appeared yesterday in The Helena Independent Record.

And The Associated Press reports that "MT Supreme Court rejects Louisville Slugger appeal."

You can access Thursday's ruling of the Supreme Court of Montana and the parties' appellate briefs via this link.
Posted at 10:52 AM by Howard Bashman



"Wal-Mart Agrees to Give Women Extra Time to File Discrimination Lawsuits": Bloomberg News has this report.

And Reuters reports that "Women suing Wal-Mart head back to court."
Posted at 10:40 AM by Howard Bashman



"High court appeal planned on military impostor law": The Associated Press has this report.
Posted at 10:30 AM by Howard Bashman


"Ex-M'town cop's suit against bosses is on": The Times Herald-Record of Middletown, New York contains this article today.

The Associated Press reports that "NY appeals court reinstates 1st Amendment claim by policeman who says he refused to lie."

And Reuters has a report headlined "Police officer's brutality complaint is free speech -- court."

You can access yesterday's ruling of the U.S. Court of Appeals for the Second Circuit at this link.

Attorney Stephen Bergstein. author of the "Wait A Second!" blog, represented the appellant.
Posted at 10:25 AM by Howard Bashman



"Judge reduces music downloading penalty": Today's edition of The Duluth News Tribune contains an article that begins, "A federal judge has reduced the penalty imposed on a Brainerd woman for illegally sharing 24 songs online from $1.5 million to $54,000."

cnet News reports that "Jammie Thomas judgment lowered from $1.5 million to $54,000."

And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Judge Slashes 'Appalling' $1.5 Million File Sharing Verdict to $54,000."
Posted at 08:30 AM by Howard Bashman



Friday, July 22, 2011

"Obama Ends 'Don't Ask, Don't Tell' Policy": This article will appear Saturday in The New York Times.

Saturday's edition of The Los Angeles Times will contain an article headlined "Obama ending ban on gays serving openly in the military; 'Don't ask, don't tell' will end Sept. 20, but the Pentagon is still struggling with major issues such as benefits, housing and discrimination complaints."

The Washington Post has a news update headlined "Military certifies repeal of 'don't ask' policy."

And McClatchy Newspapers report that "Ban on gays in the military will end in 60 days."
Posted at 11:30 PM by Howard Bashman



"Justice Ginsburg counts down OT 2010's Greatest Hits": Jess Bravin of The Wall Street Journal, via Twitter, links to the text of a speech that Justice Ruth Bader Ginsburg delivered today in Cooperstown, New York just two days before the induction ceremony into the National Baseball Hall of Fame.
Posted at 08:25 PM by Howard Bashman


"Droney Gets Unanimous OK From Senate Judiciary Committee; Full Senate Approval Also Expected For Nomination To Federal Appeals Court": This article appears today in The Hartford Courant.
Posted at 08:20 PM by Howard Bashman


"States enact record wave of anti-abortion laws": The AP has this report.
Posted at 05:06 PM by Howard Bashman


"Court won't hear arguments over 'enemy combatant'": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 04:35 PM by Howard Bashman


"William Welch: Obama Administration's Point Man to Stop Leaks; The prosecutor has been called a tenacious and tough-as-nails lawyer, but also overzealous." This article appears online at the Washingtonian.
Posted at 12:09 PM by Howard Bashman


"US court rejects SEC rule on board nominees": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 12:01 PM by Howard Bashman


"Man kidnapped, slain in Juarez was federal court interpreter": This article appears today in The El Paso Times.
Posted at 10:00 AM by Howard Bashman


"Prison hospital medicates Loughner against his will, lawyers say; Lawyers for Jared Lee Loughner complain that the Tucson shooting suspect has been given antipsychotic medication against his will despite a court order": Carol J. Williams has this article today in The Los Angeles Times.

The Associated Press reports that "Prison resumes forcible medication of Loughner."

And at his "Under the Radar" blog at Politico.com, Josh Gerstein has a post titled "Defense: feds drugged Jared Loughner, defying court order."
Posted at 08:37 AM by Howard Bashman



"Military ban on gays likely to end soon, Pentagon says; Defense Secretary Leon Panetta and Joint Chiefs Chairman Michael Mullen have concluded that the policy can be lifted without harming military readiness, and they are recommending that President Obama repeal the law, Defense officials say": This article appears today in The Los Angeles Times.

And The Associated Press has a report headlined "AP sources: Panetta to OK end of military gay ban."
Posted at 08:34 AM by Howard Bashman



Thursday, July 21, 2011

"Lay Judgments of Judicial Decision-Making": Dan Simon and Nicholas Scurich have posted this article online at SSRN (via "Legal Theory Blog").
Posted at 01:50 PM by Howard Bashman


"After Losing In Florida, R.J. Reynolds Has Limited Options On Tobacco Cases": Daniel Fisher has this post at his "Full Disclosure" blog at Forbes.com.
Posted at 09:10 AM by Howard Bashman


"Supporters, foes sound off on marriage law repeal": This article appears today in The San Francisco Chronicle.

Today's edition of The Los Angeles Times contains an article headlined "Repealing Defense of Marriage Act is cast as a civil rights matter; During a Senate panel hearing on the issue, the 1996 law that bars same-sex couples from receiving federal benefits is decried as unjust."

The Washington Times reports that "Democrats urge DOMA repeal; Senate panel hears gay couples seeking federal benefits."

And The Press-Enterprise of Riverside, California reports that "Feinstein wants to repeal Defense of Marriage Act."
Posted at 09:07 AM by Howard Bashman



"Ex-Gitmo detainee told book funds may be seized": The Associated Press has a report that begins, "Australia has told a former detainee at the U.S. prison camp in Cuba that it may seize any profits from his autobiography, a Cabinet minister said Thursday."

And The Sydney Morning Herald reports that "Prosecutors target Hicks book royalties."

Random House Australia is the publisher of "Guantanamo: My Journey" by David Hicks.
Posted at 09:03 AM by Howard Bashman



"One Big, Happy Polygamous Family": Law professor Jonathan Turley has this op-ed today in The New York Times.
Posted at 08:56 AM by Howard Bashman


"SJC: 'Off the record' confessions on the record, after all." State House News Service has this report on a ruling that the Supreme Judicial Court of Massachusetts issued yesterday.
Posted at 08:50 AM by Howard Bashman


"Phill Kline defends his actions in Planned Parenthood inquiry": This article appears today in The Kansas City Star.

And The Topeka Capital-Journal reports today that "Kline denies 'demonize' remarks."
Posted at 08:46 AM by Howard Bashman



"Pa. high court rules that an inoperable handgun counts as a firearm for sentencing purposes": The Associated Press has this report on a ruling that the Supreme Court of Pennsylvania issued yesterday.
Posted at 08:42 AM by Howard Bashman


"Court tosses convict's lawsuit for sexually explicit publications": This article appears today in The Denver Post reporting on a decision that the U.S. Court of Appeals for the Tenth Circuit issued yesterday.
Posted at 07:56 AM by Howard Bashman


"Senility v. Impropriety: Do Supreme Court justices worry more about appearing senile than they do about appearing unfair?" Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 07:40 AM by Howard Bashman


Wednesday, July 20, 2011

Article and essays of note available online from SSRN: Lee Petherbridge and David L. Schwartz have an article titled "An Empirical Assessment of the Supreme Court's Use of Legal Scholarship" (via "Legal Theory Blog").

Adam D. Chandler has an essay titled "Slow and Steady: David Souter's Life in the Law" (via "Legal Theory Blog").

And Dan Markel has an essay entitled "A Judge for Justice" (via "Legal Theory Blog").
Posted at 01:24 PM by Howard Bashman



"2 N.J. teens labeled sex offenders for life after 'horseplay' incident": The Newark Star-Ledger has this report on a ruling that the Superior Court of New Jersey, Appellate Division, issued on Monday.

And The Associated Press reports that "2 NJ teens face Megan's Law registration."
Posted at 11:28 AM by Howard Bashman



"Court overturns convictions for threatening Obama": Bob Egelko has this article today in The San Francisco Chronicle.

In today's edition of The Los Angeles Times, Carol J. Williams reports that "Court reverses conviction in online rant against Obama; A Southern California man's racist post in 2008 suggesting that the then-presidential candidate should be shot is lawful online speech, not a crime, according to a divided federal appeals court."

And in March 2010, San Diego City Beat published an article about the case headlined "Talking smack: A small threat against Obama has massive consequences."

My earlier coverage of yesterday's Ninth Circuit ruling appears here, here, and here.
Posted at 08:44 AM by Howard Bashman



Tuesday, July 19, 2011

"Obama backs bill to repeal Defense of Marriage Act": This article will appear Wednesday in The Washington Post.

And Wednesday's edition of The New York Times will contain an article headlined "Obama to Back Repeal of Law Restricting Marriage."
Posted at 10:54 PM by Howard Bashman



"Wis. Supreme Court upholds DUI case that had no witnesses": The Associated Press has a report that begins, "A divided Wisconsin Supreme Court today upheld the sixth drunken driving conviction of man who no one actually saw driving a vehicle or even sitting behind the wheel."

And The Milwaukee Journal Sentinel has a blog post titled "Court upholds circumstantial OWI."

You can access today's ruling of the Supreme Court of Wisconsin at this link.
Posted at 10:28 PM by Howard Bashman



"R.J. Reynolds Loses Bid for Appeal of $28.3 Million Verdict": Bloomberg News has this report.

The Associated Press reports that "Florida Supreme Court upholds $28.3 million jury verdict in first of about 8,000 smoker cases."

And Reuters reports that "Florida court upholds $30 million tobacco award."
Posted at 10:24 PM by Howard Bashman



"Justice Dept corrects court filing in anthrax suit": Pete Yost of The Associated Press has this report.
Posted at 10:22 PM by Howard Bashman


"Conviction for threatening Obama reversed": Greg Moran of The San Diego Union-Tribune has this news update.

And Carol J. Williams of The Los Angeles Times has a blog post titled "Man's call for Obama assassination is free speech, not crime, court rules."

My earlier coverage of today's Ninth Circuit ruling appears at this link.
Posted at 10:18 PM by Howard Bashman



"Toyota Can Appeal Part of Ruling in Car Owner Speed-Up Suits, Judge Says": Bloomberg News has this report.
Posted at 08:54 PM by Howard Bashman


"Step aside, senator: Freshman Sen. Ron Johnson is blocking a well-qualified candidate from appointment to the 7th U.S. Circuit Court of Appeals; Give her a hearing." This editorial will appear Wednesday in The Milwaukee Journal Sentinel.
Posted at 08:50 PM by Howard Bashman


"Can you win damages in a defamation suit for being called a member of the Aryan Brotherhood prison gang on cable television when, as it happens, you have merely conspired with the Brotherhood in a criminal enterprise?" So begins an opinion that Circuit Judge Neil M. Gorsuch issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit.
Posted at 08:46 PM by Howard Bashman


"It is beyond regrettable that a possibly innocent man will not receive a new trial in the face of the preposterously unreliable testimony of the victim and sole eyewitness to the crime for which he was convicted." So states the opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued today affirming the denial of federal habeas relief.
Posted at 08:34 PM by Howard Bashman


"Court reverses conviction on online Obama threat": The Associated Press has this report.

At Wired.com's "Threat Level" blog, David Kravets has a post titled "Urging Obama's Assassination is Lawful Online Speech, Divided Appeals Court Says."

And at "The Volokh Conspiracy," Eugene Volokh has a post titled "Ninth Circuit Panel Reverses Conviction for Allegedly Threatening to Kill Then-Candidate Obama."
Posted at 04:16 PM by Howard Bashman



Majority on divided three-judge Ninth Circuit panel overturns federal felony conviction for threatening to kill or do bodily harm to a major presidential candidate obtained against man who posted various statements on a Yahoo! message board: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:54 PM by Howard Bashman


Seventh Circuit rejects First Amendment challenge to Indiana Department of Corrections policy that prohibits inmates from advertising for pen-pals and receiving materials from websites and publications that allow people to advertise for pen-pals: You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 01:44 PM by Howard Bashman


"Johnson's block of UW judicial nominee draws criticism; Law professor's Court of Appeals block prompts letter from legal community": This article appears today in The Milwaukee Journal Sentinel.
Posted at 08:25 AM by Howard Bashman


"Google Wins Halt to Street View Wiretapping Case for Appeal": Bloomberg News has this report.

And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Judge Grants Google 'Street View' Wiretap Appeal."
Posted at 08:22 AM by Howard Bashman



Monday, July 18, 2011

"In a 'quiet moment,' gay judge makes history": Columnist Dana Milbank will have this op-ed Tuesday in The Washington Post.
Posted at 10:40 PM by Howard Bashman


"Justice Department lawyers contradict FBI findings in anthrax case": McClatchy Newspapers, ProPublica, and Frontline have this report.
Posted at 08:40 PM by Howard Bashman


"Ron Johnson's 'filibuster' of Nourse nomination to federal bench draws fire from law professors": Craig Gilbert of The Milwaukee Journal Sentinel has this blog post.
Posted at 10:55 AM by Howard Bashman


"Colorado inmate sues prison for saving his life": This article appears today in The Denver Post.
Posted at 10:33 AM by Howard Bashman


"A vote for upholding health reform": In yesterday's edition of The St. Petersburg Times, columnist Robyn E. Blumner had an op-ed that begins, "If health care reform survives its court challenges, one man will have been instrumental: Judge Jeffrey Sutton of the 6th Circuit U.S. Court of Appeals in Ohio."
Posted at 07:42 AM by Howard Bashman


"Nude clubs might be closed in Jacksonville; Court refuses lawyers' request for rehearing on zoning; last recourse is U.S. Supreme Court": This article appears today in The Florida Times-Union.

And The Chicago Sun-Times reports today that "City Hall fighting for 18 years to close Chicago's only topless bar."
Posted at 07:40 AM by Howard Bashman



Sunday, July 17, 2011

"Ohio voters to decide issue of judges' age; Retirement at 75, not 70, on Nov. 8 ballot": Jim Provance of The Toledo Blade has this report.

And today in The Columbus Dispatch, Joe Hallett has an article headlined "Justice McGee Brown has made plenty of friends on court."
Posted at 11:38 PM by Howard Bashman



"U.S. Supreme Court again rejects most decisions by the U.S. 9th Circuit Court of Appeals; Judges in the circuit's nine Western states are more liberal than the high court justices, who reversed or vacated 19 of the 26 decisions they examined for the last term": Carol J. Williams will have this article Monday in The Los Angeles Times.
Posted at 11:30 PM by Howard Bashman


"Supreme Court follows law, not ideology": Leon F. DeJulius Jr. has this op-ed today in The Philadelphia Inquirer.
Posted at 08:50 AM by Howard Bashman


"Healthy dissent reviving on state Supreme Court": Columnist Robert Robb has this op-ed today in The Arizona Republic.
Posted at 08:46 AM by Howard Bashman


"U.S. Supreme Court order jeopardizes inmate fire crews": This article appears today in The Press-Enterprise of Riverside, California.
Posted at 08:44 AM by Howard Bashman


"State refuses to pay citrus canker awards; Law invoked to avoid millions awarded by juries": The South Florida Sun-Sentinel contains this article today.
Posted at 08:42 AM by Howard Bashman


"Kansas groups push stricter abortion limits": This article appears today in The Wichita Eagle.
Posted at 08:40 AM by Howard Bashman


"Under the U.S. Supreme Court: Pulling the rug out from underneath gay adoption." Michael Kirkland of UPI has this report.
Posted at 08:33 AM by Howard Bashman


Switch-hitter, meet switch-pitcher: Saturday evening, my family and I traveled to Waterfront Park in Trenton, New Jersey to watch the Reading Phillies (the AA Eastern League affiliate of the Philadelphia Phillies) visit the Trenton Thunder (the AA Eastern League affiliate of the New York Yankees).

As luck would have it -- since we purchased our tickets weeks ago -- both Shane Victorino and Brad Lidge of the Philadelphia Phillies were on rehab assignments with Reading and appeared in the game. Victorino was 3 for 5 at the plate and Lidge pitched a scorless inning, recording a strikeout. Reading defeated Trenton by a score of 13-2. You can access the box score at this link, while a recap of the game can be accessed here.

The highlight of the game for me, however, was the appearance of Thunder relief pitcher Pat Venditte, who is described as "the only ambidextrous pitcher in professional baseball." He throws right-handed, except when he decides to throw left-handed. And, to accommodate the feat, he uses "a six-finger glove with two thumb holes." Pitching right-handed, his fastball can reach 94 miles per hour. His delivery as a left-hander is sidearm. He may prefer to throw right-handed, as that's what he elected to do when facing switch-hitting batters. Wikipedia provides more details on Venditte in an entry you can access here.

Additional press coverage of Venditte can be accessed here, here, here, here, and here.
Posted at 12:08 AM by Howard Bashman



Saturday, July 16, 2011

"Ban on enforcement of 'don't ask, don't tell' policy is suspended; The U.S. 9th Circuit Court of Appeals reverses its course for the second time this month on how and when the Pentagon must stop discharging gay soldiers and sailors": Carol J. Williams has this article today in The Los Angeles Times.

The Associated Press has a report headlined "Court: 'don't ask, don't tell' will stay in place."

And at "SCOTUSblog," Lyle Denniston has a post titled "Military gay ban back in effect -- partly."

You can access yesterday's order of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 09:25 AM by Howard Bashman



Friday, July 15, 2011

"Thomas is latest justice set for immortality with bobblehead doll": Bill Mears of CNN.com has this report.
Posted at 10:08 PM by Howard Bashman


"Senior 5th Circuit U.S. judge of Austin remembered for brilliant legal mind": The Austin American-Statesman has a news update that begins, "William L. Garwood, an Austin-based senior judge for the 5th U.S. Circuit Court of Appeals, died Thursday. He was 79."
Posted at 10:00 PM by Howard Bashman


"First among equals - Sandra Day O'Connor": This article is available online from the web site of the International Bar Association.
Posted at 05:42 PM by Howard Bashman


"Judge William J. Nealon hits another milestone": The Scranton Times Tribune contains this article today, reporting that Senior U.S. District Judge William J. Nealon is on the verge of becoming "the longest-serving judge in the history of the 3rd U.S. Judicial Circuit."

It is interesting to note that Judge Nealon joined the U.S. District Court for the Middle District of Pennsylvania as a recess appointee in 1962.
Posted at 04:05 PM by Howard Bashman



"Clemens Likely to Face New Jury: Lawyers." Bloomberg News has this report.
Posted at 01:16 PM by Howard Bashman


"Body Scanners Improperly Added by TSA: Court." Bloomberg News has a report that begins, "Airport body scanners using advanced imaging technology were improperly adopted by the U.S. as a primary passenger-screening tool, a federal appeals court ruled, while allowing their use to continue."

Dow Jones Newswires report that "US Court Rejects Constitutional Challenge To Airport Body Scans."

At "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Court Tells TSA To Allow Public Comment On Body Scan Screening."

And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Court OKs Airport Body Scanners, Rejects Constitutional Challenge."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 01:09 PM by Howard Bashman



Senior Fifth Circuit Judge Will Garwood has died: A reliable source emails:
I regret to report that Judge Will Garwood died yesterday following heart surgery.

Judge Garwood was President Reagan's first appointment to the Fifth Circuit and assumed the bench in November 1981. He had been a justice on the Texas Supreme Court and had returned to private practice before his federal appointment. He took senior status in 1997. He was 79.

You can access Judge Garwood's official Federal Judicial Center biography by clicking here.
Posted at 01:04 PM by Howard Bashman


Former Iranian hostages lose latest effort to avoid Algiers Accords and obtain damages from the Iranian government: The U.S. Court of Appeals for the D.C. Circuit issued this ruling today.

"The BLT: The Blog of Legal Times" previously covered the appellate oral argument in a post titled "Lawyer for Former Iran Hostages Wants Suit Reinstated."
Posted at 11:54 AM by Howard Bashman



"Iowa Court of Appeals notes 'the remarkable versatility of the word sh*t'": The "Legal Skills Prof Blog" has this post discussing a ruling that the Iowa Court of Appeals issued on Wednesday.
Posted at 08:36 AM by Howard Bashman


"Fascinating (and Posnerian classic) opinion on diminished capacity, child porn, and sentencing theory": Doug Berman has this post at his "Sentencing Law and Policy" discussing a decision that the U.S. Court of Appeals for the Seventh Circuit issued yesterday.
Posted at 08:32 AM by Howard Bashman


"State Supreme Court upholds courtroom secrecy in Hecht trial": The News Tribune of Tacoma, Washington contains this article today.

And The Associated Press reports that "Court won't release deposition in judge's trial."

Yesterday's ruling of the Washington State Supreme Court consists of a majority opinion and a dissenting opinion.
Posted at 08:30 AM by Howard Bashman



"A Naked Gamble That the Pole Tax Gets Stripped": The Texas Tribune has this report.
Posted at 08:22 AM by Howard Bashman


"Plastic bag bans upheld by California Supreme Court; The justices unanimously rule that local governments may impose such prohibitions without always needing an environmental impact report": Maura Dolan has this article today in The Los Angeles Times.

In today's edition of The Sacramento Bee, Denny Walsh has an article headlined "California high court upholds city's plastic-bag ban; leaves door open to lawsuits."

The San Francisco Chronicle reports that "Plastic bag ban in Manhattan Beach upheld by court."

And The Recorder reports that "State Supreme Court Upholds Plastic Bag Ban."

My earlier coverage of yesterday's California Supreme Court ruling appears at this link.
Posted at 08:20 AM by Howard Bashman



Thursday, July 14, 2011

Fear the beard? The U.S. Court of Appeals for the First Circuit issued this ruling today.
Posted at 10:24 PM by Howard Bashman


"Obama Lawyers Say 'Don't Ask, Don't Tell' Ban Shouldn't Be Enforced Yet": Bloomberg News has this report.

At his "Under the Radar" blog at Politico.com, Josh Gerstein has a post titled "Obama administration asks court to lift ban on 'don't ask, don't tell,' again."

And at "SCOTUSblog," Lyle Denniston has a post titled "U.S.: Restore military gay ban now."

You can access the federal government's "emergency motion for reconsideration" at this link.
Posted at 10:09 PM by Howard Bashman



En banc Fourth Circuit issues ruling on qualified immunity and tasers: You can access today's en banc ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.

The original ruling of a three-judge Fourth Circuit panel on the appeal can be accessed here, while the district court's summary judgment opinion appears at this link.
Posted at 05:17 PM by Howard Bashman



"Nixon will let abortion restrictions become law": The St. Louis Post-Dispatch has this news update.

And The Associated Press reports that "Mo. gov. to let late-term abortion bill become law."
Posted at 04:25 PM by Howard Bashman



"Dream Team Assembled at UCI Law School Squeezes Boring Right Out of 2010-11 U.S. Supreme Court Term": Matt Coker has this blog post at the OC Weekly's web site.
Posted at 04:00 PM by Howard Bashman


"California Supreme Court rules in fight over plastic shopping bags": Denny Walsh of The Sacramento Bee has a news update that begins, "The California Supreme Court this morning ruled that an environmental impact report is not necessary for city and county governments to ban the use of plastic shopping bags."

Maura Dolan of The Los Angeles Times has a blog post titled "Banning plastic grocery bags just got easier in California."

And The Associated Press reports that "CA high court OKs Manhattan Beach plastic bag ban."

You can access today's ruling of the Supreme Court of California at this link.
Posted at 02:11 PM by Howard Bashman



"Mistrial declared in Roger Clemens case": The Washington Post has this news update.

The New York Times has a news update headlined "Clemens Judge Declares Mistrial."

The Associated Press reports that "Judge declares mistrial in Clemens case."

Bloomberg News reports that "Clemens Judge Calls Mistrial After U.S. Shows Barred Evidence."

Reuters reports that "Judge declares mistrial in Clemens perjury case."

And MLB.com reports that "Clemens' perjury case declared mistrial; Prosecution shows jury video, text that was ruled inadmissable."
Posted at 12:08 PM by Howard Bashman



"Senate Judiciary Committee approves Higginson and Triche-Milazzo judicial nominations": The Times-Picayune of New Orleans has this news update.

And at "The BLT: The Blog of Legal Times," David Ingram has a post titled "Committee Backs Judicial Nominees, Including Two for SDNY."
Posted at 11:50 AM by Howard Bashman



"Asbestos case hits a snag; Status of judge stalls proceedings": Today's edition of The Clarion-Ledger of Jackson, Mississippi contains an article that begins, "The Mississippi Supreme Court has stopped all proceedings in an asbestos case that resulted in a record $322 million verdict until a decision is made on whether the trial judge should be removed."

And Bloomberg News reports that "Union Carbide $322 Million Asbestos Verdict Put on Hold."
Posted at 08:54 AM by Howard Bashman



"Supreme Court rules against University in Stanford v. Roche": The Stanford Daily contains this article today.
Posted at 08:44 AM by Howard Bashman


"Panel discusses Supreme Court's liberal leanings; At event at UC Irvine, members predict the court will inevitably uphold gay marriage": This article appears today in The Daily Pilot of Costa Mesa, California.
Posted at 08:40 AM by Howard Bashman


"A Gun Activist Takes Aim at U.S. Regulatory Power": Jess Bravin has this article today in The Wall Street Journal.
Posted at 08:32 AM by Howard Bashman


"2 state judges face US confirmation hearings; Christen, Gleason would be the first Alaska women to serve on the federal bench": This article appears today in The Anchorage Daily News.
Posted at 08:30 AM by Howard Bashman


"A Supreme Court Scorecard": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 08:14 AM by Howard Bashman


"Reduced to its essentials, this is nothing more than a dispute, fueled by a disgruntled cheerleader mom, over whether her daughter should have made the squad." So states the first paragraph of a 24-page opinion that the U.S. Court of Appeals for the Fifth Circuit issued yesterday.
Posted at 08:04 AM by Howard Bashman


En banc Fourth Circuit judges disagree over "abuse of discretion" standard in suit alleging that military colleagues violated Army National Guard colonel's Fourth Amendment rights by intercepting, reading, and forwarding his e-mails while he was deployed in Kuwait: You can access yesterday's en banc ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 08:00 AM by Howard Bashman


Wednesday, July 13, 2011

"One Last Alito Footnote": Adam J. White, author of the cover story about Justice Samuel A. Alito, Jr. that appears in this week's issue of The Weekly Standard, has this related post at his new blog.
Posted at 05:34 PM by Howard Bashman


"Accused sex offender allowed to watch child porn in jail": KOMOnews.com in Seattle has this report.
Posted at 03:05 PM by Howard Bashman


"Defense In 2nd Cheshire Trial Wants Petit Sequestered": The Hartford Courant has this news update.

And The Associated Press reports that "Defense wants home invasion survivor sequestered."

The New Haven Register has posted the relevant court documents online, and you can access them via this link.
Posted at 03:01 PM by Howard Bashman



A clear case of cruel and unusual punishment: An unsolicited letter that I received today from an inmate confined at the Pennsylvania state correctional institution known as SCI Frackville concludes, "I know you are a very busy lawyer as I gleaned from your comments on C-Span on June 24, 2011 at the Fourth Circuit Court of Appeals conference."

The correctional institution at which inmates are apparently being subjected to my recent C-SPAN appearance is just a bit north of Pottsville, Pennsylvania, where I lived from 1989 through 1991 while clerking for a judge serving on the U.S. Court of Appeals for the Third Circuit whose chambers were based in Pottsville.
Posted at 02:33 PM by Howard Bashman



"Appeals court overturns judge in eminent domain sign case": The St. Louis Post-Dispatch has a news update that begins, "A federal appeals court on Wednesday reversed a lower court and ruled that a St. Louis man had the right to protest eminent domain with a mural on the side of an apartment building near Soulard."

You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 02:16 PM by Howard Bashman



"Tune in For Live Webcast of Supreme Court Term in Review at UC Irvine Featuring Chemerinsky, Eastman, Levenson, Lithwick and Savage": Law professor Rick Hasen has this post at his "Election Law Blog." Rick is serving as moderator of the event, which you can watch live, online via this link starting at 3 p.m. eastern time today.
Posted at 11:24 AM by Howard Bashman


"State Supreme Court justices rule not to force recusals": Today's edition of The Milwaukee Journal Sentinel contains an article that begins, "State Supreme Court justices can't kick each other off cases for alleged bias, the court ruled Tuesday in a bitterly divided decision along now-familiar 4-3 lines."

You can access yesterday's ruling of the Supreme Court of Wisconsin at this link.
Posted at 08:52 AM by Howard Bashman



"Language is not the supreme criteria for top-court appointments": This editorial appears today in The Toronto Globe and Mail.
Posted at 08:47 AM by Howard Bashman


"Not Ready to Change Baseball History?" In today's edition of The New York Times, Richard Sandomir has an article that begins, "'The Curious Case of Curt Flood,' a new HBO Sports documentary, raises a tantalizing question: what if Flood's legal challenge to baseball's reserve clause had had a better advocate before the United States Supreme Court than Arthur J. Goldberg, a former associate justice?"
Posted at 08:44 AM by Howard Bashman


"Prison doctor gets paid for doing little or nothing; A California surgeon has mostly been locked out of his job: on paid leave, fired or fighting his termination; When he does work, it's reviewing records; He made $777,000 last year, including back pay." This front page article appears today in The Los Angeles Times.
Posted at 08:42 AM by Howard Bashman


"Supreme court bans use of secret evidence to hide torture claims; Intelligence services tried to exploit 'closed material procedures' to conceal evidence relating to Guantanamo detainees": The Guardian (UK) has this news update.

You can access today's ruling of the Supreme Court of the United Kingdom at this link. The court also issued this press summary of the ruling.
Posted at 08:40 AM by Howard Bashman



"Campus diversity challenges may send affirmative action back to high court": This article appears today in The Washington Times.
Posted at 08:33 AM by Howard Bashman


"Same-sex couple asks high court to intervene in adoption dispute": Bill Mears of CNN.com has this report.
Posted at 08:30 AM by Howard Bashman


"Court rules against lesbian 'co-parent' in custody fight": This article appears today in The Cincinnati Enquirer.

The Columbus Dispatch reports today that "'Co-parents' need formal agreement, justices rule; Former partner of woman loses battle for shared custody of child."

And The Associated Press reports that "Lesbian 'co-parent' loses bid for shared custody."

You can access yesterday's 4-3 ruling of the Supreme Court of Ohio at this link. In addition, the court's public information office issued a news release headlined "Supreme Court Upholds Ruling That Child's Mother Did Not Surrender Partial Custody to Same-Sex 'Co-Parent.'"
Posted at 08:27 AM by Howard Bashman



Tuesday, July 12, 2011

"Court: No forced medication for Loughner." The Arizona Republic has this news update.

In Wednesday's edition of The Los Angeles Times, Carol J. Williams will have an article headlined "Jared Lee Loughner can refuse anti-psychotic drugs, court rules; The injunction against forcing the Tucson shooting suspect to take the medication is to last until his appeal of the prison medical team's treatment plan is done."

The Wall Street Journal has a news update headlined "Federal Court Sides With Loughner in Drug Debate."

Ariane de Vogue of ABC News reports that "Court Rules Jared Lee Loughner Can Refuse Anti-Psychotic Medication."

And at his "Under the Radar" blog at Politico.com, Josh Gerstein has a post titled "Appeals court extends ban on forced drugging of Jared Loughner."

You can access today's per curiam ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:00 PM by Howard Bashman



"Ninth Circuit essentially demands Congress amend restitution law to allow victims to recover from child porn possessor": Doug Berman has this post today at his "Sentencing Law and Policy" blog discussing a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 09:34 PM by Howard Bashman


"Ralph's, Albertson's Profit Sharing Amid Strike Needs Scrutiny, Court Says": Bloomberg News has this report on a ruling that an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit issued today.

And Reuters reports that "9th Circuit upholds grocers labor ruling."
Posted at 05:40 PM by Howard Bashman



In commentary available online via SSRN: Law professor Herbert M. Kritzer has a paper titled "Change in State Supreme Court Elections: Is Voting Becoming More Partisan?" (via "Legal Theory Blog").

And law professor N. William Hines has an article titled "Marching to a Different Drummer? Are Lower Courts Faithfully Implementing the Evolving Due Process Guideposts to Catch and Correct Excessive Punitive Damages Awards?" (via "Legal Theory Blog").
Posted at 01:50 PM by Howard Bashman



"Third Circuit Reaffirms Berrier - Third Restatement Applies in Pennsylvania Federal Court": The "Drug and Device Law" blog has this post reporting on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 01:44 PM by Howard Bashman


"Gay adoption case reaches Court; A new gay rights case reaches the Court, testing parents' rights under the Constitution's Full Faith and Credit Clause": Lyle Denniston has this post at "SCOTUSblog."
Posted at 10:48 AM by Howard Bashman


Articles of interest recently published in The Legal Intelligencer, Philadelphia's daily newspaper for lawyers: In today's newspaper, Ben Present has an article headlined "Superior Court to Identify Authors of Memorandums" in which I am quoted.

Today's newspaper also contains this month's installment of my "Upon Further Review" column, headlined "The 3rd Circuit's Report Card From the U.S. Supreme Court." This month's column is part one of a two-part series.

And in yesterday's newspaper, Amaris Elliott-Engel had an article headlined "Allocatur Denial May Mean Hundreds of HRT Cases Remain in Phila." My earlier coverage of that news appears at this link.
Posted at 10:02 AM by Howard Bashman



In the Spring 2011 issue of The Green Bag: Two interesting items about West Publishing Co. -- see here and here.

If, for some inexplicable reason, you refuse to purchase a subscription to The Green Bag and thus forfeit any chance at obtaining collectibles such as U.S. Supreme Court Justice bobblehead dolls, you can nevertheless now freely access online all of the publication's contents back to the Autumn 2006 issue and certain of the contents from earlier issues via this link.

Word on the street is that this is one of the few law review-like publications that Chief Justice John G. Roberts, Jr. routinely enjoys reading.
Posted at 09:32 AM by Howard Bashman



"The Burkean Justice: Samuel Alito's understanding of community and tradition distinguishes him from his Supreme Court colleagues." Adam J. White has this lengthy article in the July 18, 2011 issue of The Weekly Standard.
Posted at 09:20 AM by Howard Bashman


"Supreme Court Justice Stephen Breyer shows progressive streak": Law professor David E. Bernstein and Josh Blackman have this op-ed today in The Newark (N.J.) Star-Ledger.
Posted at 09:15 AM by Howard Bashman


"Supreme Court Picks One EPA Enforcement Case Over Another and Attorneys Ask Why": Lawrence Hurley of Greenwire has this report (via The New York Times).
Posted at 09:04 AM by Howard Bashman


Monday, July 11, 2011

"Will SCOTUS review Alien Tort Statute after D.C. Circuit ruling?" Alison Frankel of Thomson Reuters News & Insight has this report.
Posted at 10:48 PM by Howard Bashman


"'2 dads' case goes to Supreme Court": The Associated Press has a report that begins, "A gay rights organization is seeking Supreme Court review of the case of a gay couple who wanted both their names to appear on the birth certificate of the Louisiana child they adopted in New York."
Posted at 10:44 PM by Howard Bashman


"Overriding the Jury In Capital Cases": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 10:40 PM by Howard Bashman


"Google Seeks Immediate Appeal of Street View Wiretap Ruling": David Kravets has this post today at Wired.com's "Threat Level" blog.
Posted at 08:27 PM by Howard Bashman


"Judge Deanell Tacha supports former Kansas AG Steve Six's nomination to her position on appellate court": This article appears today in The Lawrence Journal-World.
Posted at 08:24 PM by Howard Bashman


Seventh Circuit disagrees that corporations cannot be held liable for violating the Alien Tort Statute but nevertheless rejects lawsuit alleging that Firestone uses hazardous child labor on a 118,000-acre rubber plantation in Liberia in violation of customary international law: Circuit Judge Richard A. Posner wrote today's very interesting ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 05:32 PM by Howard Bashman


Two recent Supreme Court of Pennsylvania filings: On Wednesday of last week, I filed this Brief for Appellee/Cross-Appellant in Lance v. Wyeth, a case in which Pennsylvania's highest court granted review to determine what types of negligence claims can be brought against the manufacturer of a dangerous prescription drug. Also on that date, amici curiae the American Association for Justice and the Pennsylvania Association for Justice filed this amicus brief in support of my client's position. Wyeth's Pa. Supreme Court Brief for Appellant can be accessed here. More information about the case can be accessed via this earlier post.

And today, I filed a Reply Brief for Appellant in a case that raises issues of separation of powers and judicial deference to the legislative branch concerning whether an organization qualifies as a "purely public charity" under Pennsylvania's Constitution. In this earlier post, I linked to my client's opening Brief for Appellant and the amicus briefs filed in support of my client's position (here and here). Most likely, this case will be scheduled for oral argument in Harrisburg, Pennsylvania in late November or early December of this year.
Posted at 05:08 PM by Howard Bashman



"9th Circuit orders gov't to state position on DADT": The Associated Press has a report that begins, "A federal appeals court that has called for the immediate halt of the military's ban on openly gay troops issued an order Monday requiring the U.S. government to state whether it will continue to defend the constitutionality of the policy in court."

Update: You can access the Ninth Circuit's order at this link.
Posted at 04:50 PM by Howard Bashman



"Bobblehead Alert: It's Clarence Thomas' Turn." Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 03:30 PM by Howard Bashman


Sunday, July 10, 2011

"Two decades later, Clarence Thomas is still a (relatively) young justice; 20 years ago this month, President George H.W. Bush introduced America to Clarence Thomas": Eleanor Clift has this essay at Salon.com.
Posted at 11:00 PM by Howard Bashman


"High Court May Wade Into Election-Year Politics": Columnist Albert R. Hunt has this essay online at Bloomberg News.
Posted at 10:57 PM by Howard Bashman


"Alabama governor faces tough call on Supreme Court vacancy": This article appears today in The Mobile Press-Register.
Posted at 10:54 PM by Howard Bashman


"The death penalty and the costs of an obsession": Columnist E.J. Dionne Jr. will have this op-ed Monday in The Washington Post.
Posted at 10:52 PM by Howard Bashman


"Supreme Court leaves New Mexico's crime lab in a bind": Today's edition of The Daily Times of Farmington, New Mexico contains an article that begins, "A recent U.S. Supreme Court decision on a case that originated in Farmington might require state officials to dip deeper into their pocketbooks."
Posted at 10:50 PM by Howard Bashman


"Governor taking stock of judge picks": Howard Mintz will have this article Monday in The San Jose Mercury News.
Posted at 10:47 PM by Howard Bashman


"Wichita Doctor Takes Up Fight for Abortions": This article appears today in The New York Times.
Posted at 02:24 PM by Howard Bashman


"Under the U.S. Supreme Court: Bruising healthcare fight looms over Kagan, Thomas." Michael Kirkland of UPI has this report.
Posted at 10:02 AM by Howard Bashman


Saturday, July 9, 2011

"Court Rules Lockout by N.F.L. Can Go On": This article appears today in The New York Times.

The Los Angeles Times reports today that "NFL lockout to remain in place after court decision; With training camps and exhibition games on the horizon, the U.S. 8th Circuit Court of Appeals sides with the NFL in overturning a decision to lift the lockout."

The Washington Post contains an article headlined "NFL lockout: Federal appeals court rules again for owners, as talks continue."

And The Minneapolis Star Tribune reports that "Appeals court says NFL lockout is valid."

My earlier coverage of yesterday's Eighth Circuit ruling appears at this link.
Posted at 11:30 PM by Howard Bashman



"Death Penalty, Still Racist and Arbitrary": Law professor David R. Dow has this op-ed today in The New York Times.
Posted at 10:52 PM by Howard Bashman


Pa. Supreme Court denies review of Pa. Superior Court decision reversing the entry of summary judgment against plaintiffs, on statute of limitations grounds, in 14 consolidated hormone replacement therapy breast cancer appeals: You can access Thursday's order of the Supreme Court of Pennsylvania denying review at this link.

The brief that I filed last December on plaintiffs' behalf asking the Pa. Supreme Court to deny review can be accessed here.

My earlier coverage of this case, in which I represented the plaintiffs who were appealing from the entry of summary judgment against them on statute of limitations grounds, can be accessed here, here, and here.
Posted at 10:06 AM by Howard Bashman



"Exxon Mobil to Face Indonesia Human Rights Claims, U.S. Appeals Court Says": Bloomberg News has this report.

Reuters reports that "Indonesia torture case vs Exxon Mobil revived."

And Bill Mears of CNN.com reports that "Exxon Mobil to face lawsuit over alleged human rights violations."

My earlier coverage of yesterday's D.C. Circuit ruling appears at this link.
Posted at 10:00 AM by Howard Bashman



"Mexican national's execution in U.S. prompts diplomatic disappointment": This article appears today in The Washington Post.

Reuters reports that "U.S. seeks to limit damage of Texas execution case."

And The Associated Press has a report headlined "UN official: US execution of Leal broke int'l law."
Posted at 09:54 AM by Howard Bashman



"Supreme Court's Ashcroft ruling may aid John Yoo": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 09:33 AM by Howard Bashman


Friday, July 8, 2011

"Riverboat casinos lose court appeal in battle against racetracks": The Chicago Sun-Times has this news update reporting on an en banc ruling that the U.S. Court of Appeals for the Seventh Circuit issued today. Circuit Judge Richard A. Posner wrote the majority opinion for the en banc court.
Posted at 05:40 PM by Howard Bashman


"Appeals court: American can be transferred to Iraq": The Associated Press has this report on an order amending opinion that the U.S. Court of Appeals for the D.C. Circuit issued today.

The D.C. Circuit's opinion, reissued to reflect today's amendments, can be accessed here.
Posted at 02:18 PM by Howard Bashman



"Big Voting Rights Act News from DC Circuit: Court Unanimously Reverses Standing Issue in Kinston (La Roque) Case." Law professor Rick Hasen has this post at his "Election Law Blog" about a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 02:14 PM by Howard Bashman


Divided three-judge D.C. Circuit panel issues lengthy ruling in appeal captioned John Doe VIII v. Exxon Mobil Corp. involving Alien Tort Statute: You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.

Update: At "The Volokh Conspiracy," Jonathan H. Adler has a post titled "Divided D.C. Circuit Splits with Second on Alien Tort Statute."

And The Associated Press reports that "Court revives Indonesians' claims vs. Exxon Mobil."
Posted at 11:18 AM by Howard Bashman



"Appeals court backs lockout, tosses judge's ruling": The Associated Press has a report that begins, "The 8th U.S. Circuit Court of Appeals has thrown out a judge's order lifting the NFL lockout, handing the league a key victory."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 11:15 AM by Howard Bashman



"In Memoriam: Circuit Judge Daniel M. Friedman." The Federal Circuit Bar Association has issued this statement.

And the blog "Patently-O" has a post titled "In Memory: Judge Daniel M. Friedman,"
Posted at 10:54 AM by Howard Bashman



"Decision to Forcibly Medicate Loughner in Judges' Hands": This article appears today in The Wall Street Journal.

The Associated Press reports that "Appeals court hears Loughner medication arguments."

Reuters reports that "Loughner attorneys seek halt to forced medication."

And CNN.com reports that "Lawyers argue about forced medication for Jared Loughner."
Posted at 08:27 AM by Howard Bashman



"Ohio justices block schemers who want to profit from destroyed public records": Today's edition of The Columbus Dispatch contains an article that begins, "Motive now matters when Ohioans turn to the courts seeking damages from governmental bodies that illegally destroy public records. An Ohio Supreme Court ruling will permit judges and juries to deny damages if they find that lawsuits are motivated by a quest for cash rather than a sincere interest in obtaining records."

And The Times-Reporter of New Philadelphia, Ohio reports today that "Ohio Supreme Court rules in favor of New Phila in records case."

You can access yesterday's ruling of the Supreme Court of Ohio at this link. In addition, that court's Public Information Office issued a news release about the ruling headlined "Party Must Be 'Aggrieved' for Public Records Destruction Forfeiture."
Posted at 08:22 AM by Howard Bashman



"Death Penalty Challenged In Cheshire Home Invasion Case; Komisarjevsky's Attorneys Contend He Did Not Intend For Anyone To Die": This article appears today in The Hartford Courant.
Posted at 08:14 AM by Howard Bashman


"Mexican Citizen Is Executed as Justices Refuse to Step In": Adam Liptak has this article today in The New York Times.

The San Antonio Express-News reports today that "S.A. teen's killer dies with an apology; The murder case of Mexican national Leal had drawn attention internationally."

The Huntsville Item reports that "Texas ignores U.S. protests; Killer of San Antonio teen executed here Thursday."

And The Christian Science Monitor reports that "Texas executes Mexican citizen despite pleas from Obama, UN; Convicted of murdering a 16-year-old girl in 1994, Mexican national Humberto Leal was executed despite White House concerns that US citizens abroad could face harsher punishments as a result."
Posted at 08:14 AM by Howard Bashman



At the "Opinionator" blog of The New York Times: Timothy Egan has a post titled "Sex and the Supremes."

And Stanley Fish has a post titled "What Does the First Amendment Protect?"
Posted at 07:38 AM by Howard Bashman



Thursday, July 7, 2011

"2012 Tenth Circuit Bench & Bar Conference Cancelled": The U.S. Court of Appeals for the Tenth Circuit issued this statement yesterday.
Posted at 08:34 PM by Howard Bashman


"Trial records at mercy of court reporters' performance": This article appeared Sunday in The Austin American-Statesman.
Posted at 07:54 PM by Howard Bashman


"Mexican national executed for killing of S.A. girl": The San Antonio Express-News has this update.

And The Houston Chronicle has a news update headlined "Mexican executed for Texas teen's slaying; High court rejected Obama bid to spare inmate's life."
Posted at 07:48 PM by Howard Bashman



"Court won't stop execution of Mexican": The Associated Press has a report that begins, "The Supreme Court won't stop Texas from executing a Mexican citizen convicted of raping and killing a 16-year-old girl in a case that has garnered international attention."

You can access today's per curiam ruling of the U.S. Supreme Court in Leal Garcia v. Texas, No. 11-5001, at this link. Justice Stephen G. Breyer issued a dissenting opinion, in which Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan joined.
Posted at 06:08 PM by Howard Bashman



"Appeals panel tosses Ariz. man's death sentence": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 04:17 PM by Howard Bashman


"Court Rejects Part of Media-Ownership Rule": The Wall Street Journal has this news update.

The Associated Press reports that "Court restores ban on newspaper, TV ownership."

Bloomberg News reports that "FCC's Rules on Media Cross-Ownership Are Vacated by Federal Appeals Court."

And Reuters reports that "Part of FCC media ownership rule overturned."

You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 02:16 PM by Howard Bashman



"John Paul Stevens Discusses Longevity; Retired justice wonders if he 'jumped the gun' on retiring": AARP's "Inside E Street" has this report and accompanying video clip.
Posted at 02:03 PM by Howard Bashman


Blog posts relating to the recent Fourth Circuit Judicial Conference: The ABA Journal's "Law News Now" blog has a post titled "Law Prof Responds After Chief Justice Roberts Disses Legal Scholarship" that reports on a post titled "Sherrilyn Ifill on What the Chief Justice Should Read on Summer Vacation" at "Concurring Opinions."

And at the "Insurance Defense Blog," David B. Stratton has a post titled "Howard Bashman at Fourth Judicial Circuit Conference" commenting on a portion of my panel presentation at the conference.
Posted at 11:38 AM by Howard Bashman



In praise of the cliche "If you find yourself in a hole, stop digging": On April 27, 2011, I had a post titled "Client and her lawyer may face sanctions from the Second Circuit for having pursued appeal from dismissal of lawsuit against high-ranking federal officials alleging 'a fantastical alternative history' of 9/11 attacks" that reported on a ruling that the U.S. Court of Appeals for the Second Circuit had issued that day.

In a four-page decision that the Second Circuit issued today, you can read what one of the plaintiff's lawyers did in response to the April 27th ruling to further incur the Second Circuit's wrath.
Posted at 11:26 AM by Howard Bashman



"Justice Department strongly backs gays on marriage": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 11:17 AM by Howard Bashman


"U.S. cannot compel groups to oppose prostitution, court says": Reuters has this report.

And the New York Law Journal reports that "Anti-Prostitution Pledge Violates Speech Rights, Circuit Finds."

My earlier coverage of yesterday's Second Circuit ruling appears here and here.
Posted at 09:00 AM by Howard Bashman



"Court Rules Against Ban on Gays in the Military": John Schwartz has this article today in The New York Times.

In today's edition of The Los Angeles Times, Carol J. Williams reports that "'Don't ask, don't tell' enforcement should end, appellate panel rules; The decision is a turnaround for the 9th Circuit; The shift is attributed to Justice Department and White House calls for 'heightened scrutiny' of laws that discriminate based on sexual orientation."

Bill Mears of CNN.com reports that "Appeals court suspends enforcement of 'don't ask, don't tell' policy."

Dan Levine of Reuters reports that "Court orders gay military service ban lifted."

And The Recorder reports that "9th Circuit Lifts Stay on 'Don't Ask' Injunction."
Posted at 08:54 AM by Howard Bashman



"City OKs firing ranges; Previous ban fails to win Appeals Court backing": This article appears today in The Chicago Tribune.
Posted at 08:50 AM by Howard Bashman


Wednesday, July 6, 2011

"Appellate Court upholds former Gov. George Ryan's conviction": The Chicago Sun-Times has this news update.

And The Chicago Tribune has a news update headlined "Appeal denied, but Ryan lawyers vow: 'It's not over.'"

My earlier coverage of today's Seventh Circuit ruling appears at this link.
Posted at 08:06 PM by Howard Bashman



"Court bars enforcement of 'don't ask, don't tell'": Bob Egelko of The San Francisco Chronicle has this news update.

And Carol J. Williams of the Los Angeles Times has a blog post titled "Court ends enforcement of ban on openly gay military service."
Posted at 07:58 PM by Howard Bashman



"Feds urge court to let prison medicate Loughner": The Associated Press has this report.

You can access at this link the federal government's filing today in the U.S. Court of Appeals for the Ninth Circuit.
Posted at 07:52 PM by Howard Bashman



"Court orders immediate halt to gay military ban": The Associated Press has a report that begins, "A federal appeals court has barred further enforcement of the U.S. military's ban on openly gay service members."

You can access today's order of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 03:40 PM by Howard Bashman



"Chicago Ban on Firing Ranges Blocked in Preliminary Appeals Court Ruling": Bloomberg News has this report.

My earlier coverage of today's Seventh Circuit ruling appears two posts below.
Posted at 03:32 PM by Howard Bashman



"Appeals court: US can't force anti-sex-work pledge." The Associated Press has this report.

My earlier coverage of today's Second Circuit ruling appears at this link.
Posted at 02:34 PM by Howard Bashman



Chicago misses avoiding adverse Seventh Circuit gun range ruling by that much: Today's edition of The Chicago Tribune contains an article headlined "Council set to OK firing ranges, with limits; Plan to legalize practice shooting facilities designed to head off federal court ruling against city" that begins, "Firing ranges could soon be legal inside Chicago city limits as Mayor Rahm Emanuel is fast-tracking a plan designed to head off a federal court decision that could force the city to accept them. A panel of aldermen Tuesday recommended approval of the ordinance, which would permit ranges, but with serious restrictions. The City Council is expected to follow suit at its Wednesday meeting."

And The Chicago Sun-Times reports today that "City Council panel OKs gun range ordinance."

If Chicago's goal in authorizing gun ranges within city limits was intended to avoid an adverse Seventh Circuit ruling, the effort has not achieved its desired result. Today a three-judge panel issued this ruling holding that plaintiffs are entitled to the entry of a preliminary injunction under the Second Amendment to the U.S. Constitution enjoining enforcement of Chicago ordinances that condition gun possession on gun range training but simultaneously forbid gun range training everywhere in the city.
Posted at 01:47 PM by Howard Bashman



"Ryan loses appeal to get out of jail": Chicago's ABC affiliate WLS-TV has a news report that begins, "A judge has rejected an appeal by former governor George Ryan to be released from prison."

Chief Judge Frank H. Easterbrook wrote today's ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 01:38 PM by Howard Bashman



Received in last Friday's mail: Just in time for the holiday weekend, I received a copy of the newly published Garner's Dictionary of Legal Usage (Third Edition) by Bryan A. Garner.
Posted at 01:18 PM by Howard Bashman


Do you oppose prostitution? The majority on a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit today issued a ruling that strikes down as unconstitutional a provision of a federal statute that denies federal monetary assistance in the fight against AIDS to any organization "that does not have a policy explicitly opposing prostitution and sex trafficking."

According to the majority opinion, this requirement constitutes an unconstitutional condition because "[c]ompelling speech as a condition of receiving a government benefit cannot be squared with the First Amendment." The majority opinion also condemned the requirement as "viewpoint-based, because it requires recipients to take the government's side on a particular issue. It is well established that viewpoint-based intrusions on free speech offend the First Amendment."

According to the dissenting opinion, today's Second Circuit ruling conflicts with a ruling that the D.C. Circuit issued in 2007. For that and other reasons, this case may present a strong candidate for U.S. Supreme Court review should the federal government so request.
Posted at 11:11 AM by Howard Bashman



Tuesday, July 5, 2011

"Justices discover they're sisters, in law": Today's edition of The Columbus Dispatch contains an article that begins, "They blazed new trails when they took the oath of office in January -- Maureen O'Connor as the state's first female chief justice and Yvette McGee Brown as the first African-American female justice of the Ohio Supreme Court."
Posted at 10:50 PM by Howard Bashman


"The Supreme Court closes the door to justice; The Supreme Court seems to have lost faith in the American court system": Law professor Erwin Chemerinsky will have this op-ed Wednesday in The Los Angeles Times.
Posted at 10:48 PM by Howard Bashman


"Should the Government Need a Search Warrant to Track Your Car with GPS?" Adam Cohen has this essay online at Time magazine's web site.
Posted at 10:45 PM by Howard Bashman


What constitutes "good cause" for an extension of time in which to file a Petition for a Writ of Certiorari asking the U.S. Court of Appeals for the Third Circuit to review a ruling of the Supreme Court of the U.S. Virgin Islands? A judge serving on the Third Circuit today issued this opinion addressing that issue.
Posted at 09:14 PM by Howard Bashman


"Different Kinds of Wrong: The difference between Obama's Libya policy and Bush's torture policy." Law professor Dawn Johnsen has this jurisprudence essay online at Slate.
Posted at 08:44 PM by Howard Bashman


Lawyers on TV whose last name starts with "Bash": Of course there's the TNT network's fictional "Franklin & Bash," whose next episode airing tomorrow night will feature guest star Jason Alexander.

And then there's your friendly appellate law blogger host here at "How Appealing," whose recent appearance as a panelist at the Fourth Circuit's Judicial Conference was televised at 3 p.m. eastern time yesterday on C-SPAN. If you were not glued to C-SPAN on the afternoon of July 4th (and I can attest that I too was not), you can watch the program online, on demand via this link.
Posted at 04:48 PM by Howard Bashman



"A States' Rights Advocate Upholds Obamacare": Law professor David Cole has this post today at the blog of The New York Review of Books.
Posted at 04:33 PM by Howard Bashman


Access online MoloLamken's Supreme Court Business Briefing: Via this link.
Posted at 03:56 PM by Howard Bashman


"Appeals court: No forced meds for Tucson suspect." The Associated Press has this report on an order that the U.S. Court of Appeals for the Ninth Circuit issued on Saturday.
Posted at 01:03 PM by Howard Bashman


"Michigan Voters v. The Royal Court": Jennifer Gratz has this essay online at The Michigan View.com.
Posted at 06:38 AM by Howard Bashman


"Supreme Court Isn't Pro-Business, But Should Be": Ramesh Ponnuru has this essay online at Bloomberg News.
Posted at 06:36 AM by Howard Bashman


"Arizona conservatives scramble after campaign finance law's defeat; The state's Clean Elections Act had swept a surge of small-government Republicans into power": This article appears today in The Los Angeles Times.
Posted at 06:35 AM by Howard Bashman


Monday, July 4, 2011

"Clemens ready to fight as perjury trial opens Wed": The Associated Press has this report.

And yesterday's edition of The New York Daily News contained an article headlined "Rusty Hardin once put Playboy model Anna Nicole Smith on spot, now he tries to free Roger Clemens."
Posted at 01:33 PM by Howard Bashman



"Probe urged of Kagan's health care role": Last Friday's issue of The Washington Times contained this article.
Posted at 01:28 PM by Howard Bashman


"California 'three-strike' sentences used less often 15 years later": This front page article appears today in The Sacramento Bee.
Posted at 01:27 PM by Howard Bashman


"Bill would require warrant to search cell phone": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 01:25 PM by Howard Bashman


"Scalia and Thomas disagree about children and free speech": Robert Barnes has this article today in The Washington Post.
Posted at 01:00 PM by Howard Bashman


Sunday, July 3, 2011

"When Same-Sex Marriages End": John Schwartz has this news analysis today in the Sunday Review section of The New York Times.
Posted at 02:11 PM by Howard Bashman


"Lawyer to Judge: I Swear My Browser Ate My Homework." David Kravets had this post Friday at Wired.com's "Threat Level" blog.
Posted at 02:10 PM by Howard Bashman


"Appointments, not elections, proposed for justices; Move comes on heels of altercation between 2 Supreme Court justices": This article appears today in The Milwaukee Journal Sentinel. The newspaper also contains an editorial entitled "Justices should explain: After an altercation between two state Supreme Court justices, the silence is deafening; The public has a right to an explanation." And columnist Steven Walters has an op-ed entitled "A few ideas for the state's justices."
Posted at 10:24 AM by Howard Bashman


"Recent U.S. high court rulings favor businesses": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 10:20 AM by Howard Bashman


"Under the U.S. Supreme Court: First Amendment, Kennedy triumph." Michael Kirkland of UPI has this report.
Posted at 10:18 AM by Howard Bashman


Saturday, July 2, 2011

"Patent case has high stakes for medical tests; The Supreme Court will hear Mayo Clinic's argument that patents aren't appropriate for certain tests": The Minneapolis Star Tribune has an article that begins, "The anti-inflammatory drug azathioprine is tricky to dose. If doctors give too much, it is toxic and potentially deadly. Too little and it doesn't work. Now a test that helps doctors find the right balance is the subject of a potentially groundbreaking case before the U.S. Supreme Court."
Posted at 09:42 PM by Howard Bashman


"Operating Instructions: The Supreme Court shows corporate America how to screw over its customers and employees without breaking the law." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:38 PM by Howard Bashman


"Clarence Thomas doesn't mind being the odd man out; The conservative recently hit his 20-year anniversary as a Supreme Court nominee; His career on the bench has been marked by his willingness to stand alone in dissent": David G. Savage will have this article Sunday in The Los Angeles Times.
Posted at 09:36 PM by Howard Bashman


"Judge Jeremy Fogel goes to Federal Judicial Center": Bob Egelko has this article today in The San Francisco Chronicle.

In today's edition of The Los Angeles Times, Carol J. Williams reports that "Judge who halted California executions gets post in Washington; U.S. District Judge Jeremy Fogel will head the Federal Judicial Center; It's unclear whether he will retain the contentious case of death row inmate Michael A. Morales."

Howard Mintz of The San Jose Mercury News reports that "San Jose federal judge to head nation's judicial center."

And Dan Levine of Reuters reports that "California judge to direct national judicial agency."

My earlier coverage appears at this link.
Posted at 09:26 PM by Howard Bashman



"Justice Ginsburg not leaving court 'anytime soon'": Mark Sherman of The Associated Press has this report.
Posted at 12:08 PM by Howard Bashman


Friday, July 1, 2011

"Justices' emails detail security, photo concerns after altercation": The Milwaukee Journal Sentinel has this news update.
Posted at 10:16 PM by Howard Bashman


"Judge blocks new Kansas abortion licensing rules": The Kansas City Star has this news update.

And The Associated Press reports that "Kan. licensing rules for abortion clinics blocked."
Posted at 08:22 PM by Howard Bashman



"Michigan to appeal decision deeming affirmative action ban illegal": The Detroit Free Press has this news update.

The Detroit News has an update headlined "State to fight ruling against ban on race in college admissions."

Saturday's edition of The New York Times will contain an article headlined "Court Overturns Michigan Affirmative-Action Ban."

The Grand Rapids Press has a news update headlined "Minority advocates celebrate Proposal 2 ruling, Attorney General Bill Schuette vows appeal."

The Cincinnati Enquirer has a news update headlined "Cincinnati court rules on affirmative action."

AnnArbor.com reports that "University of Michigan has no plans to alter admissions process after federal court ruling."

The State News, the student newspaper of Michigan State University, has an update headlined "Court rules Michigan's affirmative action ban unconstitutional."

Bloomberg News reports that "Michigan Anti-Affirmative-Action Law Overturned by Federal Appeals Court."

And Reuters reports that "Court strikes Michigan affirmative action ban."

My earlier coverage of today's Sixth Circuit ruling appears at this link.
Posted at 08:14 PM by Howard Bashman



"Prison terms for crack cocaine offenses reduced; The U.S. Sentencing Commission brings such sentences in line with the shorter terms given to powder cocaine offenders": This article appears today in The Los Angeles Times.
Posted at 08:04 PM by Howard Bashman


"Administration calls for halt to Texas execution": Mark Sherman of The Associated Press has this report.

At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Solicitor General Joins Plea to Stay Execution of Humberto Leal."

And at "SCOTUSblog," Lyle Denniston has a post titled "U.S. opposes Mexican's execution."
Posted at 07:50 PM by Howard Bashman



"Appeals court dismisses nuclear waste suit": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.

And at the "The BLT: The Blog of Legal Times," Jenna Greene has a post titled "D.C. Circuit Declines to Wade Into Yucca Mountain Dispute."
Posted at 02:35 PM by Howard Bashman



"Divided Appeals Court Rules Against IRS In Tax Refund Dispute": At "The BLT: The Blog of Legal Times," Mike Scarcella has this post about an en banc ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 01:02 PM by Howard Bashman


"Supreme Court term was a winner for First Amendment": Tony Mauro has this news analysis online at the First Amendment Center.
Posted at 12:45 PM by Howard Bashman


"Judge Jeremy Fogel Selected to Head Federal Judicial Center": The Administrative Office of the U.S. Courts has issued this news release today.
Posted at 10:56 AM by Howard Bashman


Sixth Circuit declares unconstitutional Michigan's Proposal 2, which prohibits public colleges and universities from granting "preferential treatment to any individual or group on the basis of race, sex, color, ethnicity, or national origin": You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit at this link.

The majority opinion explains that "we find that Proposal 2 unconstitutionally alters Michigan's political structure by impermissibly burdening racial minorities."

In her dissenting opinion, Circuit Judge Julia Smith Gibbons writes:

I disagree, however, with the majority's conclusion that Proposal 2 is unconstitutional under a political restructuring theory of the Equal Protection Clause. In my view, Proposal 2 does not impermissibly restructure the political process in the state of Michigan to burden the ability of minorities to enact beneficial legislation. Moreover, Proposal 2 is not unconstitutional under traditional equal protection analysis
The case was argued before the Sixth Circuit in November 2009. My earlier coverage of the case appears at this link.

In early news coverage of today's ruling, The Associated Press reports that "Mich. ban on race in college admissions illegal."
Posted at 10:42 AM by Howard Bashman



"Intoxication conviction upheld; High court ruling involving woman who had a designated driver spurs call to modify law": This article appears today in The Indianapolis Star.

You can access Tuesday's ruling of the Supreme Court of Indiana at this link.
Posted at 09:04 AM by Howard Bashman



"Why the Court Was Wrong in the Video Game Case": Jeffrey H. Anderson has this post at the blog of The Weekly Standard.
Posted at 08:50 AM by Howard Bashman


"The Supreme Court's continuing defense of the powerful": Washington Post columnist E.J. Dionne Jr. has this op-ed.
Posted at 08:47 AM by Howard Bashman


"Pulling plug on privacy: How technology helped make the 4th Amendment obsolete." Ninth Circuit Chief Judge Alex Kozinski and Stephanie Grace have this essay online at The Daily (via Kashmir Hill).
Posted at 08:45 AM by Howard Bashman


"Walmart Case: Plaintiff Betty Dukes Tells Congress the Supreme Court Got It Wrong." Ariane de Vogue of ABCNews.com has this report.
Posted at 08:42 AM by Howard Bashman


"Prosecutors to repay Conrad Black $5.5-million": This article appears today in The Toronto Globe and Mail.
Posted at 08:40 AM by Howard Bashman


"Justices split by politics, personality": Yesterday's edition of The Wisconsin State Journal contained an article that begins, "A massive influx of money, politics and personality have helped turn the state Supreme Court -- a body long respected for reasoned decisions -- into an arm of government every bit as volatile as the Legislature, court observers say."
Posted at 08:34 AM by Howard Bashman


"California given strict deadline to reduce prison population; There must be 37,000 fewer inmates by June 2013, starting with a reduction of 14,400 by the end of this year, three-judge panel says": Carol J. Williams has this article today in The Los Angeles Times.
Posted at 08:30 AM by Howard Bashman


"Justice Ginsburg reflects on term, leadership role": Joan Biskupic has this article today in USA Today.
Posted at 08:25 AM by Howard Bashman


"Ethics, Politics and the Law": Today's edition of The New York Times contains an editorial that begins, "The ethical judgments of the Supreme Court justices became an important issue in the just completed term."
Posted at 08:22 AM by Howard Bashman


"In HIV Misdiagnosis Case, D.C. Appeals Court Expands Ground for Emotional Distress Claims": Zoe Tillman has this post at "The BLT: The Blog of Legal Times."

You can access yesterday's ruling of the District of Columbia Court of Appeals at this link.
Posted at 08:20 AM by Howard Bashman



"Stop Complaining About Harold Koh's Interpretation of the War Powers Act": Online at The New Republic, Eric Posner has an essay that begins, "Harold Koh and John Yoo are two peas in a pod, except that Yoo is the right-wing pea and Koh is the left-wing pea."
Posted at 08:16 AM by Howard Bashman


"Chief Court of Appeals judge orders probe of leaked abortion ruling": Wednesday's edition of The Louisville Courier-Journal contained an article that begins, "The chief judge of the Kentucky Court of Appeals has asked state police to investigate who leaked a confidential abortion rights ruling to The Courier-Journal and whether criminal laws were broken in the process."
Posted at 08:14 AM by Howard Bashman


"Kansas Gives License to One Abortion Clinic": This article appears today in The New York Times.

The Kansas City Star reports today that "Overland Park clinic gets last-minute license to provide abortions."

The Associated Press reports that "Kan. abortion rules face test in federal court."

The Argus Leader of Sioux Falls, South Dakota reports that "Abortion law denied; Federal judge halts state's mandatory counseling legislation."

The Associated Press reports that "SD officials weight next action on abortion law."

Howard Fischer of The Arizona Daily Star reports that "Suit seeks to block curbs on abortion."

The Associated Press reports that "Lawsuit challenges new Arizona laws on abortion."

And Wednesday's edition of The Columbus (Ohio) Dispatch reported that "'Heartbeat' abortion bill gets OK from House; Measure, sent to Senate, bans abortions after about 6, 7 weeks."
Posted at 08:10 AM by Howard Bashman



"Courthouse named for judge killed in Tucson attack": The Associated Press has this report.

And The Yuma Sun reports today that "Ground broken for federal courthouse."
Posted at 08:00 AM by Howard Bashman



"Why I Miss Sandra Day O'Connor": Law professor Jeffrey Rosen has this essay online at The New Republic.
Posted at 07:54 AM by Howard Bashman


"Roberts Supreme Court's Partisan Split Shows New Justices Are Predictable": Greg Stohr of Bloomberg News has this report.
Posted at 07:50 AM by Howard Bashman






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