How Appealing

Monday, October 31, 2011

"Supreme Court to hear Rehberg case": Sunday's edition of The Albany (Ga.) Herald contained an article that begins, "A fight that began in 2003 between a local surgeon, a medical practice administrator and Dougherty County's not-for-profit hospital will begin anew Tuesday in the chambers of the U.S. Supreme Court in what could set a precedent about how far a court official's immunity really goes."
Posted at 10:54 PM by Howard Bashman


"Lifelong Death Sentences": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 10:48 PM by Howard Bashman


"Ohio Judicial Center to be named for late chief justice": The Columbus Dispatch has a news update that begins, "The state Supreme Court is naming the Ohio Judicial Center in honor of the late Chief Justice Thomas Moyer, who was the second-longest chief justice in state history at the time of his death in April 2010."
Posted at 10:45 PM by Howard Bashman


"US court trims conviction in Cuba player smuggling": The Associated Press has a report that begins, "A federal appeals court on Monday handed a partial victory to a professional sports agent who was sentenced to prison for smuggling five Cuban baseball players into Florida."

You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 09:15 PM by Howard Bashman



"In this appeal, we are called upon to decide what test to apply in order to determine whether land is 'wetlands' subject to the CWA after the Supreme Court's ruling in Rapanos v. United States, 547 U.S. 715 (2006)." So states an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today.

The opinion, written by Circuit Judge Marjorie O. Rendell, proceeds to explain that "We join the Courts of Appeals for the First and Eighth Circuits in holding, as the District Court here did, that property is 'wetlands' subject to the CWA if it meets either of the tests laid out in Rapanos."
Posted at 09:04 PM by Howard Bashman



"Court reluctant on plea bargains after sentencing": Jesse J. Holland of The Associated Press has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Lafler v. Cooper, No. 10-209. And you can access at this link the transcript of today's oral argument in Missouri v. Frye, No. 10-444.
Posted at 08:44 PM by Howard Bashman



"Tiny fish keeps protection as Supreme Court declines to review case": Michael Doyle of McClatchy Newspapers has this report.
Posted at 08:37 PM by Howard Bashman


"U.S. Supreme Court declines to hear Utah highway crosses case": The Deseret News has this update.

The Salt Lake Tribune has a news update headlined "Crosses for fallen UHP officers must be removed."

In Tuesday's edition of The New York Times, Adam Liptak will have an article headlined "Justices Decline Case on Highway Crosses."

Joan Biskupic of USA Today has a news update headlined "Supreme Court won't hear Utah highway crosses dispute."

Warren Richey of The Christian Science Monitor has an article headlined "Crosses on public land: Did Supreme Court leave legal issue in 'shambles'? The Supreme Court agrees not to take a case on whether memorial crosses on public land in Utah violate the First Amendment; But one justice says the court has left the topic in legal limbo."

Bill Mears of CNN.com reports that "Justices turn aside appeal over highway crosses."

And at the "School Law" blog of Education Week, Mark Walsh has a post titled "Thomas: Establishment Clause Jurisprudence 'In Shambles.'"
Posted at 08:30 PM by Howard Bashman



"Senate confirms Higginson for 5th Circuit appeals seat": The Shreveport Times has this news update.
Posted at 08:17 PM by Howard Bashman


"Justices decline to take delta smelt case": Lawrence Hurley of Greenwire has this report.
Posted at 05:04 PM by Howard Bashman


Lyle Denniston is reporting: At "SCOTUSblog," he has posts titled "No clarity on religious displays" and "Ninth Circuit faulted -- again."
Posted at 05:02 PM by Howard Bashman


"Creditor Moves to Dismantle Copyright Troll Righthaven": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 04:48 PM by Howard Bashman


"Judge remains close to home; Smith now serves on Court of Appeals": This profile of Third Circuit Judge D. Brooks Smith appears today in The Altoona (Pa.) Mirror.
Posted at 12:47 PM by Howard Bashman


"CAFC: Patent Opinions Down, Rule 36 Affirmances Up." Jason Rantanen has this post at "Patently-O."
Posted at 12:42 PM by Howard Bashman


Greg Stohr of Bloomberg News is reporting: He has articles headlined "Endangered Species Act Survives Challenge at U.S. High Court"; "Stryker Rejected in Bid for High Court Limits on Patient Suits"; and "Merck Can Block Teva on Generic Temodar as Court Rejects Appeal."
Posted at 11:23 AM by Howard Bashman


"Supreme Court won't hear Utah memorial cross dispute": James Vicini of Reuters has this report.
Posted at 11:22 AM by Howard Bashman


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

In Cavazos v. Smith, No. 10-1115, the Court issued a per curiam decision reversing the judgment of the U.S. Court of Appeals for the Ninth Circuit. Justice Ruth Bader Ginsburg issued a dissenting opinion, in which Justices Stephen G. Breyer and Sonia Sotomayor joined.

And Justice Clarence Thomas issued an opinion dissenting from the denial of certiorari in Utah Highway Patrol v. American Atheists, Inc., No. 10-1276.

In early news coverage, The Associated Press reports that "High court avoids dispute over highway crosses"; "High court reinstates 'shaken baby' conviction"; and "Court sidesteps Connecticut student speech case."
Posted at 10:03 AM by Howard Bashman



"Judges Are for Sale -- and Special Interests Are Buying": Adam Cohen of Time magazine has this essay.
Posted at 07:50 AM by Howard Bashman


"High Court Considers When Bad Lawyers Taint A Case": On today's broadcast of NPR's "Morning Edition," Nina Totenberg had this audio segment.
Posted at 07:48 AM by Howard Bashman


Sunday, October 30, 2011

"Court Weighs Private Inmates' Rights": This article will appear Monday in The Wall Street Journal.
Posted at 07:51 PM by Howard Bashman


"Supreme Court to take another look at prosecutorial misconduct": Robert Barnes will have this article Monday in The Washington Post.
Posted at 07:50 PM by Howard Bashman


"Supreme Court to Weigh Effects of Bad Plea Advice": Adam Liptak will have this article Monday in The New York Times.
Posted at 07:49 PM by Howard Bashman


"Supreme Court to hear case of felon hurt in private prison": Michael Doyle of McClatchy Newspapers has this report.
Posted at 02:07 PM by Howard Bashman


"U.S. Supreme Court takes up treatment of pigs; The National Meat Assn. challenges a California law that says slaughterhouses must remove and 'humanely euthanize' animals unable to walk": David G. Savage has this article today in The Los Angeles Times.
Posted at 02:04 PM by Howard Bashman


"Under the U.S. Supreme Court: When does religious speech become political speech?" Michael Kirkland of UPI has this report.
Posted at 02:03 PM by Howard Bashman


Saturday, October 29, 2011

"Wal-Mart sued in Texas for gender discrimination": Reuters has this report.
Posted at 09:16 PM by Howard Bashman


"The Court and the Next President": This editorial appears today in The New York Times.
Posted at 09:14 PM by Howard Bashman


"Tucson rampage suspect's lawyers say meds hurt him": The Associated Press has this report.
Posted at 09:12 PM by Howard Bashman


"The Post: Good Scholarship from the Internet." This law-related publication, on whose editorial board I'm serving, is now available online via this link (or directly at this link).

The Post appears as part of The Journal of Law, published by The Green Bag.

As Anna Ivey's introduction to the inaugural issue of The Post explains, "The explosion of legal blogs in the last ten years or so inspires us to ask: What constitutes good legal blog writing? And is it possible to identify the best of the best? In that spirit, we introduce The Post."
Posted at 09:10 PM by Howard Bashman



Friday, October 28, 2011

"Appeals court overturns key Cape Wind clearance": The Associated Press has a report that begins, "A federal appeals court on Friday rejected the Federal Aviation Administration's ruling that the Cape Wind project's turbines present 'no hazard' to aviation, overturning a vital clearance for the nation's first offshore wind farm."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 02:28 PM by Howard Bashman



"Appeals Court Rules For Circus In Elephant Dispute": At "The BLT: The Blog of Legal Times," Mike Scarcella has this post about a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 02:26 PM by Howard Bashman


"Justice Served: U.S. Supreme Court Justice John Paul Stevens's thirty-five-year tenure was marked by intellectual rigor, lack of pretension, and the firm belief that absolutism had no place on the bench." Michael O'Donnell has this book review in the current issue of Washington Monthly.
Posted at 11:33 AM by Howard Bashman


"Ricci's Not Over": The New Haven Independent today has posted online an article that begins, "Only two months after the city seemed to have dealt with the last vestiges of the Ricci case by settling for $5 million with a group of mostly white firefighters, it now faces a new lawsuit--this time from a group of black firefighters. It's exactly the situation the city was trying to avoid when it threw out the results of a 2003 fire department promotions exam after no African-American test-takers scored highly enough to be promoted. The city argued that it would be sued for using a biased test if it certified the results."
Posted at 11:28 AM by Howard Bashman


"Court overturns woman's horn-honking conviction": Today's edition of The Seattle Times contains an article that begins, "The case of a Snohomish County woman who was jailed for honking her horn in a dispute with a neighbor has been overturned by the state Supreme Court, which ruled that the county's ordinance on horn-honking was overbroad."

The Daily Herald of Everett, Washington reports today that "State Supreme Court tosses county horn-honking limits as overly broad."

SeattlePI.com reports that "Neighborhood horn-honker wins one before state Supreme Court."

Yesterday's 6-3 ruling of the Washington State Supreme Court consists of a majority opinion and two dissenting opinions (here and here).
Posted at 08:15 AM by Howard Bashman



"JCPS asks Kentucky high court to review student assignment ruling": The Louisville Courier-Journal today contains an article that begins, "Nearly a month after a Kentucky Appeals Court struck down Jefferson County Public Schools student assignment plan, the district on Thursday asked the state Supreme Court to take up the case."
Posted at 08:09 AM by Howard Bashman


"Retired justice Stevens on ethics, Thomas and Colbert": Joan Biskupic has this article today in USA Today.

And next Monday's edition of Time magazine will contain an item headlined "10 Questions for John Paul Stevens."
Posted at 07:54 AM by Howard Bashman



"Female Wal-Mart Employees File New Bias Case": This article appears today in The New York Times.

Bob Egelko of The San Francisco Chronicle reports today that "New lawsuit alleges sex discrimination at Walmart."

Ginny LaRoe of The Recorder reports that "'Dukes' Back From the Dead."

And Ariane de Vogue of ABC News has a blog post titled "'We're Back': Walmart Plaintiffs File Amended Sex Discrimination Complaint."
Posted at 07:48 AM by Howard Bashman



Thursday, October 27, 2011

"Forsyth files petition to take prayer case to the U.S. Supreme Court": The Winston-Salem Journal has a news update that begins, "Forsyth County filed a petition with the U.S. Supreme Court today to overturn a lower court's ruling that banned prayers mentioning Jesus from the start of meetings of the Forsyth County Board of Commissioners."

The newspaper has posted the petition for writ of certiorari at this link.
Posted at 10:44 PM by Howard Bashman



"Reagan, Not the Left, Started Partisan Fires": Columnist Michael Kinsley has this essay online at Bloomberg News.
Posted at 10:38 PM by Howard Bashman


"Boatright brings family law expertise, 'intangibles' to Colorado Supreme Court": The Denver Post has this news update.
Posted at 10:36 PM by Howard Bashman


"Ninth Circuit Grants Rehearing En Banc in United States v. Nosal": Orin Kerr has this post at "The Volokh Conspiracy."

And at his "Under the Radar" blog at Politico.com, Josh Gerstein has a post titled "Is checking sports scores or personal e-mail at work a crime?"

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

My earlier coverage of the divided three-judge panel's ruling in the case can be accessed here.
Posted at 10:00 PM by Howard Bashman



"UT's Missing Brief and Justice Kagan's Recusal": Hans A. von Spakovsky has this post at National Review Online's "Bench Memos" blog.
Posted at 06:12 PM by Howard Bashman


"Interest groups flex clout in judicial elections": The Associated Press has this report.
Posted at 06:07 PM by Howard Bashman


"More Women Judges Needed, Gertner and Lithwick Say": The University of Virginia School of Law issued this news release today.

You can access audio from the event via this link (26.2MB mp3 audio file).
Posted at 04:08 PM by Howard Bashman



"Women launch new legal salvo against Wal-Mart": Dan Levine and Poornima Gupta of Reuters have this report.

And The Associated Press reports that "Calif. women allege Wal-Mart bias in new lawsuit."

Update: In other coverage, Bloomberg News reports that "Wal-Mart Workers Limit Gender Bias Suit to California Stores."
Posted at 04:00 PM by Howard Bashman



"This is a strange case." So begins the opinion that Chief Judge Alex Kozinski issued today on behalf of the majority on a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.

Here is the entire first paragraph of the majority opinion:

This is a strange case. Its resolution hinges on the absence, as a factual matter, of something we must accept as a legal matter. There are unlikely to be many more like it, so this opinion's precedential value is probably limited. We nevertheless publish pursuant to General Order 4.3. While we're at it, we offer some advice to lawyers: Don't apologize unless you're sure you did something wrong. And there's also a lesson for district judges: Don't accept too readily lawyers' confessions of error or rely on your own memory of what happened. Trials are complicated and we sometimes misremember details. That's why we have transcripts.
Circuit Judge Sandra S. Ikuta, who earlier in her career worked as a law clerk for Judge Kozinski, issued a dissenting opinion.
Posted at 01:50 PM by Howard Bashman


"My View of the Second Question Presented in United States v. Jones, the Fourth Amendment GPS Case": Orin Kerr has this post at "The Volokh Conspiracy."
Posted at 01:45 PM by Howard Bashman


"Judicial elections, corporate policies give glimpse into 2012": Dan Eggen of The Washington Post has this report.

And Reuters reports that "Interest groups increase spending on state court elections."
Posted at 01:33 PM by Howard Bashman



"UK supreme court judges air concerns over having to follow Europe's lead; Rulings from Strasbourg human rights court 'sometimes too narrow' and interpretations are disputed": This article appears today in The Guardian (UK), along with a news analysis headlined "The UK supreme court is changing the way we think about law; The separation of judiciary and legislature will bring about a more confrontational relationship between judges and ministers."
Posted at 08:17 AM by Howard Bashman


"Reduced sentence for Miami-Dade rapist under Supreme Court ruling; Jacamo Ardon, 17 when he kidnapped and raped a woman in 1991, will soon leave prison, under a new ruling, but he will be deported to his native Nicaragua": Today's edition of The Miami Herald contains an article that begins, "A Miami man convicted in the brutal 1991 gang rape of a college student will soon leave prison, thanks to a controversial U.S. Supreme Court ruling."
Posted at 08:13 AM by Howard Bashman


"Supreme Court to hear 'downer cattle' meat processing case which originated in Chino": The Contra Costa Times contained this article yesterday.
Posted at 08:11 AM by Howard Bashman


"Judge nixes Christie request to have N.J. judges contribute more toward pensions and benefits": The Newark Star-Ledger today contains an article that begins, "Despite a tongue-lashing last week from the governor, a Superior Court judge ruled today that state judges do not have to pay more for pensions and health plans while the state is appealing a ruling that declared the increases unconstitutional."
Posted at 08:10 AM by Howard Bashman


"Colorado Supreme Court candidates say they're not politically active": The Denver Post contains this article today.
Posted at 08:09 AM by Howard Bashman


"Sandra Day O'Connor talks of life as a cowgirl and on the court": This article appears today in The Fort Worth Star-Telegram.
Posted at 08:00 AM by Howard Bashman


"Lawyer Opposing Health Law Is Familiar Face to the Justices": In today's edition of The New York Times, Kevin Sack has a front page article that begins, "It would be hard for any lawyer to fathom a more riveting caseload than the one Paul D. Clement carried during his seven years in President George W. Bush's Justice Department."
Posted at 07:56 AM by Howard Bashman


"Interest Groups Dominate Spending in Judicial Elections, New Report Shows; Nearly 40 Percent of All Campaign Cash in 2009-10 Came From 10 Organizations": The Justice at Stake Campaign, the Brennan Center for Justice at NYU School of Law, and the National Institute on Money in State Politics have issued this news release today.

You can access the report, titled "The New Politics of Judicial Elections: 2009-10; How Special Interest 'Super Spenders' Threatened Impartial Justice and Emboldened Unprecedented Legislative Attacks on America's Courts," by clicking here.
Posted at 07:50 AM by Howard Bashman



Wednesday, October 26, 2011

"Appeals court hears case of 'enemy combatant'": The Associated Press has a report that begins, "Lawyers for a U.S. citizen who was detained nearly four years as an 'enemy combatant' asked an appeals court to reinstate a lawsuit against former Defense Secretary Donald Rumsfeld and other officials."
Posted at 05:55 PM by Howard Bashman


"Will Obama admin take a stand in Shell human-rights case?" Lawrence Hurley of Greenwire has this report.
Posted at 04:32 PM by Howard Bashman


"Kevin Ring, Author of Scalia Book, Gets 20 Months in Abramoff Scandal": Jess Bravin has this post at WSJ.com's "Washington Wire" blog.
Posted at 04:16 PM by Howard Bashman


"Obama Health Care: Supreme Court May Decide In Mid-November Whether To Hear Cases." Mike Sacks of The Huffington Post has this report.
Posted at 04:12 PM by Howard Bashman


"St. Louis federal courthouse repair could cost $10 million": The St. Louis Post-Dispatch has this news update.

The newspaper's earlier coverage of the matter appeared in articles headlined "Eagleton courthouse gets a soaking" and "Fired contractor blamed for water leak at St. Louis federal courthouse."
Posted at 03:00 PM by Howard Bashman



"Justices could talk health care cases on Nov. 10": The Associated Press has this report.
Posted at 01:52 PM by Howard Bashman


"Crimes, Courts And Cures: Why the justice system does a bad job of separating defendants who deserve punishment from those who don't." Law professor Paul G. Cassell has this book review today in The Wall Street Journal.
Posted at 01:32 PM by Howard Bashman


"Business Group Files Opposition To $3.4B Cobell Settlement": At "The BLT: The Blog of Legal Times," Mike Scarcella has a post that begins, "A conservative think tank that advocates for free enterprise and limited government is challenging the $3.4 billion settlement in a Native American class action in Washington, saying the judge in the high-profile case should not have certified a class."

You can access the group's amicus brief filed yesterday in the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 01:26 PM by Howard Bashman



"Health cases set for Nov. 10": At "SCOTUSblog," Lyle Denniston has a post that begins, "The Supreme Court will take its first look at the challenges to the new federal health care law at its Conference on Thursday, November 10."
Posted at 12:58 PM by Howard Bashman


"Patriot Act Turns 10, With No Signs of Retirement": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 10:09 AM by Howard Bashman


Access online the text of the prepared remarks of Seventh Circuit Judge Diane S. Sykes at the recent memorial service for Seventh Circuit Judge Terence T. Evans: Yesterday, in a post that you can access here, I noted that the Seventh Circuit had posted online a video of the memorial service.

Late yesterday, I received this PDF file containing the prepared text of the remarks that Judge Sykes delivered at the memorial service. Following law school, Sykes worked as a law clerk for Judge Evans. Later in her career, Sykes served as a Justice on the Supreme Court of Wisconsin and then became one of Judge Evans's colleagues on the Seventh Circuit.
Posted at 09:55 AM by Howard Bashman



"Bougainville residents can sue Rio Tinto company": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "South Pacific islanders can sue a multinational mining company in U.S. courts for alleged complicity in their government's slaughter of its people, a federal appeals court in San Francisco ruled Tuesday, adding its voice to a legal controversy now before the Supreme Court."

And Ginny LaRoe of The Recorder reports that "Splintered Circuit OKs Alien Tort Case Against Rio Tinto."

My earlier coverage of yesterday's en banc Ninth Circuit ruling appears here, here, and here.
Posted at 08:33 AM by Howard Bashman



"As It Turns 10, Patriot Act Remains Controversial": This audio segment appeared on today's broadcast of NPR's "Morning Edition."

And in today's edition of The Washington Post, Nicholas Merrill has an op-ed entitled "How the Patriot Act stripped me of my free-speech rights."
Posted at 08:27 AM by Howard Bashman



"Defenders want accused Cole bomber's jury told if acquittal equals freedom; In the war on terror detention system the Bush and Obama administrations built, a captive can be executed if he's convicted of a capital crime and kept forever if he's acquitted": Carol Rosenberg of The Miami Herald has this report.
Posted at 08:24 AM by Howard Bashman


"The death penalty: valid yet targeted; No serious constitutional argument can be made against the death penalty; The endless campaigns to ban it cost taxpayers millions to defend." David B. Rivkin Jr. and Andrew Grossman have this op-ed today in The Los Angeles Times.
Posted at 08:10 AM by Howard Bashman


"Defense details Komisarjevsky's troubled youth as death penalty phase begins": The New Haven Register contains this article today.

And today's edition of The Hartford Courant contains an article headlined "Komisarjevsky Defense: 'Doomed From Birth'; Attorney Says Secretive, God-Fearing Family Relied On Prayer To Treat Mentally Troubled Boy."
Posted at 08:07 AM by Howard Bashman



"Push for 'Personhood' Amendment Represents New Tack in Abortion Fight": This article appears today in The New York Times.
Posted at 07:58 AM by Howard Bashman


Tuesday, October 25, 2011

"Mount Soledad cross won't go anywhere pending appeal": Greg Moran of The San Diego Union-Tribune has this news update.
Posted at 10:14 PM by Howard Bashman


"UK supreme court sits on cusp of tradition and modernity; Two years after its founding, five supreme court justices explain how they reach judgments of national significance": The Guardian (UK) has this report.
Posted at 09:02 PM by Howard Bashman


"9th Circuit: Corporations Can Be Sued For Human Rights Violations Abroad." Mike Sacks of The Huffington Post has this report.
Posted at 08:20 PM by Howard Bashman


"Feds Embrace Lying in Response to Public-Record Requests": At Wired.com's "Threat Level" blog, David Kravets has a post that begins, "The Justice Department is proposing new Freedom of Information Act rules allowing the government to inform the public that records do not exist even if they do."
Posted at 06:17 PM by Howard Bashman


"Obama healthcare law issues before U.S. high court": James Vicini of Reuters has this report.
Posted at 06:03 PM by Howard Bashman


"In Rio Tinto, 9th Circuit judges debate Morrison's ATS impact": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.

My earlier coverage of today's en banc Ninth Circuit ruling appears at this link.
Posted at 06:02 PM by Howard Bashman



Woes of so-called "penis-pump judge" continue to mount: The Associated Press has a report headlined "Court: Convicted Okla. judge to forfeit retirement" that begins, "A former Oklahoma judge convicted of exposing himself by using a sexual device while presiding over trials is not eligible to receive the retirement benefits from his 23-year career on the bench, the state's highest court ruled Tuesday."

And The Oklahoman has a news update headlined "Former Oklahoma judge Donald D. Thompson will lose most of pension, state Supreme Court rules."
Posted at 05:57 PM by Howard Bashman



"Super-Soft Money: How Justice Kennedy paved the way for 'SuperPACS' and the return of soft money." Law professor Richard L. Hasen has this jurisprudence essay online at Slate.
Posted at 04:20 PM by Howard Bashman


"Feds ask appeals court to reject Loughner's appeal": The Associated Press has this report on the Brief for Appellee that federal prosecutors filed yesterday in the U.S. Court of Appeals for the Ninth Circuit.
Posted at 04:18 PM by Howard Bashman


"Sky-High Spy: With GPS Probing, the Zone of Privacy Is Getting Even Smaller." Mark Walsh will have this article in the November 2011 issue of the ABA Journal magazine.
Posted at 02:30 PM by Howard Bashman


"US court revives human rights case vs Rio Tinto": Reuters has a report that begins, "A U.S. federal appeals court has revived a lawsuit accusing Rio Tinto Plc of human rights violations related to Papua New Guinea, where it once ran one of the world's largest copper and gold mines."

You can access today's en banc ruling of an eleven-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link. Seven of the judges on the en banc panel issued opinions.

Update: In other coverage, Bloomberg News reports that "Rio Tinto Genocide Claims Reinstated by U.S. Appeals Court."

And The Associated Press reports that "Court OKs genocide lawsuit against mining company."
Posted at 01:24 PM by Howard Bashman



Access online the Memorial Service for the Hon. Terence T. Evans recorded Sept. 23, 2011: The U.S. Court of Appeals for the Seventh Circuit has posted this video online at its web site.
Posted at 01:15 PM by Howard Bashman


"Prop. 8 recordings to stay sealed for now": Bob Egelko has this article today in The San Francisco Chronicle.

And Reuters reports that "Ninth circuit to take up gay marriage trial tapes."

My earlier coverage of yesterday's Ninth Circuit order appears at this link.
Posted at 07:58 AM by Howard Bashman



"L.A.-based law firm gives more than $3.2 million in services to help appeals judge's defense; Jay Bybee, who is on the 9th Circuit bench, has fought allegations of ethics violations for providing legal justification for waterboarding; Much of the money for his defense comes from Latham & Watkins": Carol J. Williams has this article today in The Los Angeles Times.
Posted at 07:44 AM by Howard Bashman


Monday, October 24, 2011

"Judge Not: Why won't progressives fight for federal judges?" Law professor Sonja West has this jurisprudence essay online at Slate.
Posted at 10:20 PM by Howard Bashman


"In Maples Case, Associates Get the Blame": Tom Huddleston Jr. has this post tonight at "The Am Law Daily."
Posted at 10:15 PM by Howard Bashman


"Our 'Broken System' of Criminal Justice": In the November 10, 2011 issue of The New York Review of Books, retired Justice John Paul Stevens has this review of William J. Stuntz's new book, "The Collapse of American Criminal Justice."
Posted at 02:30 PM by Howard Bashman


"Jurors Deciding Komisarjevsky's Sentence May Hear About Earlier Crimes; Testimony in Cheshire killer's penalty phase starts Tuesday": The Hartford Courant has this news update.

And The New Haven Register has a news update headlined "Judge rules Komisarjevsky statements about 2002 burglaries admissible in penalty phase of Cheshire trial."
Posted at 02:26 PM by Howard Bashman



"Appeals court in NY orders new trial for scientist": The Associated Press has a report that begins, "A new trial has been ordered for an Ivy League-educated scientist convicted of violating the Iran trade embargo."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 02:22 PM by Howard Bashman



"Court halts release of Prop. 8 video recordings": Maura Dolan of The Los Angeles Times has a blog post that begins, "A federal appeals court Monday put a temporary hold on a decision to make public the video recordings of the Proposition 8 trial and decided to rule on the matter expeditiously."

You can access today's order of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 02:17 PM by Howard Bashman



"Office space: Judge Richard Posner -- Longtime member of U.S. Court of Appeals for the 7th Circuit gives a tour of his office." Kristin Samuelson has this article today in The Chicago Tribune.
Posted at 12:16 PM by Howard Bashman


"Secret reports: With security spotty, many had access to anthrax." McClatchy Newspapers and ProPublica have this report today.
Posted at 10:20 AM by Howard Bashman


"'Inherently Improper' Searches and Seizures: The Sixth Circuit's Puzzling New Decision in United States v. Sease." Orin Kerr has this post at "The Volokh Conspiracy."
Posted at 10:08 AM by Howard Bashman


"A big gift for Bybee: Latham & Watkins gives judge $3.2 million worth of legal aid." David Ingram has this article in today's issue of The National Law Journal.

And Ingram also has a related article headlined "Hundreds of trips: who's paying? Majority of federal appellate judges traveled in 2010 -- on sponsors' dimes." Lastly, a related chart is headlined "Frequent flyers: Which judges took the most trips?"
Posted at 09:32 AM by Howard Bashman



"U.S. Supreme Court to weigh bad legal advice": The Patriot-News of Harrisburg, Pennsylvania contains this article today.
Posted at 07:34 AM by Howard Bashman


"Hickenlooper to choose new Supreme Court justice": This article appeared yesterday in The Denver Post.
Posted at 07:33 AM by Howard Bashman


"High court homes in on health care": Politico.com has this report.
Posted at 07:32 AM by Howard Bashman


"Case to test California's meat law; The U.S. Supreme Court will decide if California's law banning 'downer' livestock is the right way to protect the meat supply": This article appears today in The Press-Enterprise of Riverside, California.
Posted at 07:30 AM by Howard Bashman


Sunday, October 23, 2011

"Under the U.S. Supreme Court: Is God coming back to public schools?" Michael Kirkland of UPI has this report.
Posted at 10:26 PM by Howard Bashman


"Republicans Turn Judicial Power Into a Campaign Issue": Adam Liptak and Michael D. Shear will have this article Monday in The New York Times.

And Mark Sherman of The Associated Press reports that "GOP candidates would cut federal judges' power."
Posted at 10:05 PM by Howard Bashman



"Aging 'Privacy' Law Leaves Cloud E-Mail Open to Cops": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 01:22 PM by Howard Bashman


"At Equal Justice Works Conference, Veteran Lawyers Expound on Value of Public Service": At "The BLT: The Blog of Legal Times," Matthew Huisman has a post that begins, "Federal appeals court Judge David Tatel and U.S. Solicitor General Donald Verrilli Jr. shared their pro bono experiences and inspirations that led them to take up public service jobs during a panel discussion Friday morning."
Posted at 01:18 PM by Howard Bashman


"Battles to Shape Maps, and Congress, Go to Courts": This article appears today in The New York Times.
Posted at 09:58 AM by Howard Bashman


"In life and death cases, costly mistakes": Today's edition of The Philadelphia Inquirer contains an article that begins, "Willie Cooper, convicted of strangling his brother's girlfriend to death in a Germantown apartment, was awaiting a jury's decision on whether he should be sentenced to death, when his lawyer rose to speak on his behalf."
Posted at 09:57 AM by Howard Bashman


Saturday, October 22, 2011

"Clarence Thomas's Brand of Judicial Logic": Lincoln Caplan will have this "Sunday Observer" essay in the Sunday Review section of tomorrow's edition of The New York Times.
Posted at 10:47 PM by Howard Bashman


"My View of the First Question Presented in United States v. Jones, the Fourth Amendment GPS Case": Orin Kerr has this post at "The Volokh Conspiracy."
Posted at 10:45 PM by Howard Bashman


"The Ugliness Started With Bork": Today in The New York Times, columnist Joe Nocera has an op-ed that begins, "On Oct. 23, 1987 -- 24 years ago on Sunday -- Robert Bork's nomination to the Supreme Court was voted down by the Senate. All but two Democrats voted 'nay.'"
Posted at 10:37 PM by Howard Bashman


"Facebook Claimant's Lawyer Must Pay Award in Child Porn Lawsuit": Bloomberg News has a report that begins, "Dean Boland, the new lawyer for Facebook claimant Paul Ceglia, was ordered to pay $300,000 in an unrelated lawsuit over his use of explicit 'morphed' images that he created to help in his defense of people charged with possessing child pornography."

I have posted at this link a copy of Thursday's ruling of the U.S. District Court for the Northern District of Ohio.
Posted at 10:33 PM by Howard Bashman



"Justice Breyer Riffs On The Death Penalty, Citizens United, Bush v Gore": Laura Goldman had this post yesterday at her "Naked Philadelphian" blog.
Posted at 10:20 PM by Howard Bashman


'Solicitor General Bullitt: The Life of William Marshall Bullitt.' Sixth Circuit Judge Boyce F. Martin Jr. has this book review today in The Louisville Courier-Journal.
Posted at 09:00 PM by Howard Bashman


"Sexual Harassment 20 Years Later": Today's edition of The New York Times contains an editorial that begins, "Twenty years ago this month, Anita Hill stepped into the glare of the national spotlight, testifying before the all-male Senate Judiciary Committee about the vulgar sexual advances she said she endured a decade earlier while working at two government agencies for Clarence Thomas, the nominee to the Supreme Court."
Posted at 08:20 PM by Howard Bashman


"Twenty Years of Justice Thomas": Law professor John Yoo has this op-ed today in The Wall Street Journal.
Posted at 08:17 PM by Howard Bashman


"Utah Supreme Court rules sex with teen not cohabitation": The Deseret News today contains an article that begins, "The state's high court has ruled that a woman who may have had a sexual relationship with a teenage boy while the pair was living in the same home was not cohabiting and, therefore, still entitled to alimony."

And The Salt Lake Tribune reports today that "Ex-husband owes alimony to former wife who cohabited with teen, court says."

You can access yesterday's ruling of the Supreme Court of Utah at this link.
Posted at 03:40 PM by Howard Bashman



"Group urges Gov. Christie to appoint minority to N.J. Supreme Court": The Associated Press has this report.
Posted at 03:35 PM by Howard Bashman


"Powell sworn in as justice on Virginia Supreme Court": Today in The Richmond Times-Dispatch, Frank Green has an article that begins, "Cleo Elaine Powell broke new ground Friday when she was formally sworn in as the first African-American woman on the 232-year-old Virginia Supreme Court."
Posted at 03:32 PM by Howard Bashman


Friday, October 21, 2011

"Senate rejects GOP effort on terrorist trials": The Associated Press has a report that begins, "The Senate voted early Friday to reject a Republican effort to prohibit the United States from prosecuting foreign terrorist suspects in civilian courts, handing a victory to President Barack Obama."
Posted at 09:20 AM by Howard Bashman


Thursday, October 20, 2011

"Privacy and Press Freedom Collide in University Case": This article will appear Friday in The New York Times.
Posted at 08:37 PM by Howard Bashman


"Supreme Court Protests: Challenge To Be Filed On Law Banning Demonstrations At High Court." Arin Greenwood of The Huffington Post has this report.
Posted at 08:34 PM by Howard Bashman


"Actively Engaged": Linda Greenhouse has this post online at the "Opinionator" blog of The New York Times.
Posted at 08:27 PM by Howard Bashman


"House Could Spend $1.5M Defending Marriage Act, Congressman Fights Back; Rep. Honda calls for a hearing on the growing cost of defending the Defense of Marriage Act in court": This article appears online at U.S. News & World Report.
Posted at 08:00 PM by Howard Bashman


"An hour with John Paul Stevens, Former Supreme Court Justice": You can access the video of this past Tuesday's broadcast of the Charlie Rose program by clicking here.
Posted at 07:58 PM by Howard Bashman


"Bernice Donald sworn in as federal appeals court judge": The Memphis Commercial Appeal has this news update.
Posted at 07:51 PM by Howard Bashman


"Arbitration Kickback: Supreme Court's Anti-Consumer Rulings Trigger Democratic Bills." Mike Sacks of The Huffington Post has this report.
Posted at 05:12 PM by Howard Bashman


"U.S.: Less protection for gun rights." Lyle Denniston has this post at "SCOTUSblog."
Posted at 01:44 PM by Howard Bashman


In today's mail: From The Green Bag, a Justice Antonin Scalia "Supreme Court Sluggers" trading card.
Posted at 12:15 PM by Howard Bashman


"Shirley Phelps-Roper brought this action to enjoin the enforcement of the Nebraska Funeral Picketing Law, arguing that it violates her First Amendment right to free speech." So begins a per curiam opinion that a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit issued today. Each of the judges on the panel also issued a separate opinion calling for en banc review.
Posted at 11:56 AM by Howard Bashman


"Department of Justice still wants New York Times reporter's sources": At Politico.com, Josh Gerstein has an article that begins, "In a move that could unleash a major First Amendment battle, the Justice Department is asking a federal appeals court to force a New York Times reporter to testify about his confidential sources at the trial of a Central Intelligence Agency officer accused of leaking top-secret information."
Posted at 07:36 AM by Howard Bashman


"Supreme Court Notebook: Health care law in March?" Mark Sherman of The Associated Press has this report.
Posted at 07:34 AM by Howard Bashman


Wednesday, October 19, 2011

"Company Campaign Giving to Candidates Should Be Limited, U.S. Tells Court": Bloomberg News has this report.
Posted at 10:08 PM by Howard Bashman


"Justice Stevens Reflects On The Court And Its Chiefs": This segment (link to audio) appeared on today's broadcast of NPR's "Fresh Air from WHYY."
Posted at 08:26 PM by Howard Bashman


"Can You Sue A Posh Subdivision When Your Grandmother Is Eaten By An Alligator?" Ariane de Vogue of ABC News has this blog post.

My earlier coverage appears at this link.
Posted at 08:17 PM by Howard Bashman



"Komisarjevsky Prosecutors Outline Why He Should Die": The Hartford Courant has a news update that begins, "Prosecutors seeking execution for convicted triple killer Joshua Komisarjevsky have filed a document outlining which legal reasons they will use to justify the death penalty. The penalty phase of the trial is scheduled to begin Monday."
Posted at 08:15 PM by Howard Bashman


"Top court nominees use hearing to mitigate perceived shortcomings": Kirk Makin of The Toronto Globe and Mail has this news update.

CBC News reports that "Supreme Court nominee vows to improve French skills; Michael Moldaver also declares restraint needed before touching the nation's laws."

And Postmedia News reports that "Top court nominee comes under fire for lack of French."
Posted at 08:12 PM by Howard Bashman



"Kagan talks about her faith, the court, and her hunting trips": Bill Mears of CNN.com has this report.
Posted at 08:07 PM by Howard Bashman


"Nixon names judge with St. Louis ties to Missouri Supreme Court": The St. Louis Post-Dispatch has this news update.

And via the web site of the Governor of Missouri you can access a news release headlined "Gov. Nixon names state Appeals Court Judge George W. Draper III to Missouri Supreme Court."
Posted at 05:16 PM by Howard Bashman



"How to keep courts running after terror attack": Mark Sherman of The Associated Press has an article that begins, "A new report from experts on government continuity says a terrorist attack that killed four or more Supreme Court justices would significantly hamper the ability of the entire federal judiciary to carry out its work."

You can access at this link the report that is the subject of this AP article.
Posted at 05:06 PM by Howard Bashman



"Health care process speeds up": Lyle Denniston has this post at "SCOTUSblog."
Posted at 04:27 PM by Howard Bashman


"Hyperlinking doesn't constitute defamation, Supreme Court rules": Kirk Makin of The Toronto Globe and Mail has this news update.

The Toronto Star has a news update headlined "Supreme Court ruling big victory for Internet freedom."

The Toronto Sun has a news update headlined "Top court rules web links not illegal."

Postmedia News reports that "Web hyperlinks aren't publication of defamatory text, court rules."

And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Supreme Court of Canada OKs Internet Linking."

You can access today's ruling of the Supreme Court of Canada at this link.
Posted at 04:25 PM by Howard Bashman



"Viacom Replaces Superstar Lawyer on Eve of YouTube Appeal; Former solicitor general Ted Olson doesn't attend a key appeal court hearing after Viacom chooses Paul Smith to handle oral arguments": Online at The Hollywood Reporter, Eriq Gardner has this post at the "Hollywood, Esq." blog.
Posted at 11:40 AM by Howard Bashman


"Uneven Stevens: The former justice's outbursts are doing a disservice to the Supreme Court." Law professor Richard A. Epstein has this essay online at the "Defining Ideas" web site of the Hoover Institution.
Posted at 11:14 AM by Howard Bashman


"Citigroup wins in employees' stock drop appeal": Reuters has a report that begins, "A federal appeals court said Citigroup Inc was not liable to thousands of workers who said it should not have offered bank stock in its retirement plans because it knew the stock was a bad investment."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 11:08 AM by Howard Bashman



"Anita Hill Defends Her Legacy: Two decades after her seismic testimony, she doesn't shy away from talking about it." Cynthia Gordy has this essay online at The Root.
Posted at 09:06 AM by Howard Bashman


"Gentle grilling of top court appointees not to everyone's taste": Kirk Makin has this article today in The Toronto Globe and Mail.
Posted at 09:02 AM by Howard Bashman


"Supreme Court decision could force Florida's police to get a warrant to secretly install GPS trackers; Right now, they don't have to get a warrant, but many agencies say they do anyway": This article appears today in The South Florida Sun-Sentinel.
Posted at 08:57 AM by Howard Bashman


"Ogoni Leader Welcomes U.S. Supreme Court Decision on Shell Case; Movement for Survival of Ogoni People president Ledum Mitee says the court's decision sends a message that Shell must be held to account": Voice of America has this report.

And in related coverage, Lawrence Hurley of Greenwire reports that "Oil companies on alert as justices take up int'l human rights case."
Posted at 08:55 AM by Howard Bashman



"Supreme Court to hear Landings gator attack case": This article appears today in The Savannah Morning News.
Posted at 08:54 AM by Howard Bashman


"Obama Lawyers Urge Court to Limit Scope of Health-Care Case": Greg Stohr of Bloomberg News has this report.
Posted at 08:52 AM by Howard Bashman


Tuesday, October 18, 2011

"Here come the judges? Maybe not." In Wednesday's edition of The Washington Post, Al Kamen's "In the Loop" column will begin, "Hoping for a White House nomination to the federal bench? Already in the pipeline? Either way, you may not want to get measured for those new black robes just yet."
Posted at 08:33 PM by Howard Bashman


"Scalia offers ruling: Deep dish v. thin crust?" Abdon M. Pallasch of The Chicago Sun-Times has this news update.
Posted at 08:24 PM by Howard Bashman


"Vt. gov nominates Robinson to Supreme Court": The Associated Press has a report that begins, "Gov. Peter Shumlin on Tuesday nominated to the state Supreme Court a Vermont lawyer who championed marriage rights for gays and lesbians and is now his general counsel."

The official news release from Vermont's Governor is headlined "Gov. Shumlin taps Beth Robinson to serve on Supreme Court."
Posted at 05:37 PM by Howard Bashman



"Viacom: YouTube Willfully Violated Copyrights." Bloomberg News has this report.

The Associated Press has a report headlined "Viacom to NY court: Scrap YouTube copyright ruling."

c|net News reports that "Viacom gets another shot in court against YouTube."

And Variety reports that "Viacom, Google clash in court; Media conglom seeks reversal in DMCA case."

Update: In other coverage, Reuters reports that "Appeals court zeroes in on Viacom-YouTube dispute."
Posted at 02:11 PM by Howard Bashman



"Stolen Valor case: False speech may leave some justices cold." Tony Mauro has this news analysis online at the First Amendment Center.
Posted at 02:03 PM by Howard Bashman


"Attorney Paul J. Watford Nominated to Ninth Circuit Court of Appeals": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has issued this news release.
Posted at 02:00 PM by Howard Bashman


"Florida Supreme Court to Decide If Noise Limits on Car Stereos Is Unconstitutional; Two Florida men pulled over for violating car stereo noise ordinances say the law violates their civil rights -- and the state Supreme Court is listening": NBC Miami has this report.
Posted at 10:06 AM by Howard Bashman


"Harper's picks highlight new direction for Supreme Court": Kirk Makin has this article today in The Toronto Globe and Mail.

And today's edition of The Toronto Star contains profiles of the two nominees headlined "From waitress to the highest court" and "Moldaver 'a force to be reckoned with.'"
Posted at 10:00 AM by Howard Bashman



"Obama nominates L.A. lawyer to 9th Circuit; The choice of Paul Watford for the overburdened federal appeals court draws praise from both sides of the political aisle; Some see a smoother path for him to Senate confirmation": Carol J. Williams has this article today in The Los Angeles Times.

And Bob Egelko of The San Francisco Chronicle reports today that "Paul Watford nominated to federal appeals court."

Yesterday, the White House issued a news release headlined "President Obama Nominates Paul J. Watford to Serve on the United States Court of Appeals."
Posted at 08:05 AM by Howard Bashman



"Chief judges' message: Shut up." Yesterday, Bob Egelko of The San Francisco Chronicle had a blog post that begins, "A federal appeals court judge becomes the court's chief judge because of seniority, not diplomatic skills, a fact that was painfully obvious recently in a pair of appellate circuits."
Posted at 08:02 AM by Howard Bashman


"9th Circuit finds police stun gun use excessive in 2 cases; The ruling could prompt police to reexamine rules and practices for the temporarily debilitating weapons": Today in The Los Angeles Times, Carol J. Williams has an article that begins, "Police used excessive force when they fired Tasers at a pregnant woman in Seattle and a victim of domestic abuse in Maui, a federal appeals court ruled Monday in a case that could influence how police handle those resisting arrest across the West."

Denny Walsh and Sam Stanton of The Sacramento Bee report today that "9th Circuit issues mixed ruling on Taser use."

The Seattle Times reports that "Appeals court takes aim at cops' Taser use."

And Ginny LaRoe of The Recorder reports that "Circuit Faults Tasings, But Says Officers Can't Be Sued."

My earlier coverage of yesterday's en banc Ninth Circuit ruling appears here and here.
Posted at 07:58 AM by Howard Bashman



Monday, October 17, 2011

"Supreme Court takes dispute over lying about war heroism": Joan Biskupic of USA Today has this news update.

Michael Doyle of McClatchy Newspapers has an article headlined "Does Constitution allow lying about military heroism? Supreme Court to decide."

Bill Mears of CNN.com reports that "Justices to hear case over lying about receiving military medals."

And Ariane de Vogue of ABC News has a blog post titled "Supreme Court to Rule on Constitutionality of Stolen Valor Act."
Posted at 10:26 PM by Howard Bashman



Canada's The National Post is reporting: A news update is headlined "Harper nominates two Ontario justices to Supreme Court."

Profiles of the nominees are headlined "Karakatsanis: Supreme Court's new trend-bucking wild card" and "Moldaver: Some star power for our top court."

And an editorial is entitled "A land without Borking."
Posted at 08:22 PM by Howard Bashman



"Appeals court ruling in Maui case says Taser use should be restricted": Ken Kobayashi of The Honolulu Star-Advertiser has this news update.

And Carol J. Williams of The Los Angeles Times has a news update headlined "Stun-gun use in Seattle, Maui cases was excessive, court says."

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



"From OWS to OSCOTUS: As Occupy Wall Street protesters look to the Supreme Court, they'll find more to be outraged about than the Citizens United case." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:03 PM by Howard Bashman


"Supreme Court mulling if highway crosses case will be argued": The Salt Lake Tribune has this news update.
Posted at 07:58 PM by Howard Bashman


"Judges skeptical of Stevens-case prosecutors' arguments on contempt": At his "Under the Radar" blog at Politico.com, Josh Gerstein has this post reporting on an oral argument that occurred this afternoon before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit.
Posted at 04:13 PM by Howard Bashman


"Supreme Court to Hear 2 Human Rights Cases": Adam Liptak of The New York Times has this news update.

Mike Sacks of The Huffington Post reports that "Supreme Court To Rule On Corporate Personhood For Crimes Against Humanity."

And Alison Frankel's "On the Case" from Thomson Reuters News & Insight reports that "SCOTUS to decide if corps. liable for torturing aliens, citizens."
Posted at 04:05 PM by Howard Bashman



"Cornel West won't face charges after DC arrest": The Associated Press has a report that begins, "Author and civil rights activist Cornel West and 18 others arrested with him for protesting at the U.S. Supreme Court will not be prosecuted."
Posted at 03:54 PM by Howard Bashman


"PM taps Ontario judges Karakatsanis, Moldaver for Supreme Court": Kirk Makin of The Toronto Globe and Mail has this news update.

And CBC News reports that "Supreme Court judge nominees named by Harper."
Posted at 03:51 PM by Howard Bashman



"Off-campus online student speech case is appealed to high court": David L. Hudson Jr. has this news analysis online at the First Amendment Center.
Posted at 02:25 PM by Howard Bashman


"Justice Thomas Holds Firm Views on Youths' Rights": Mark Walsh has this article (pass-through link) in the current issue of Education Week.
Posted at 02:17 PM by Howard Bashman


"These cases present questions about whether the use of a taser to subdue a suspect resulted in the excessive use of force and whether the officers are entitled to qualified immunity." So begins the majority opinion that a ten-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 01:46 PM by Howard Bashman


"Renewed probe into anthrax killings called unlikely": McClatchy Newspapers, ProPublica, and PBS' "Frontline" have this report.
Posted at 01:34 PM by Howard Bashman


"Free speech vs. lying? Supreme Court to rule on Stolen Valor Act." David G. Savage of The Los Angeles Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court to review free speech issue on lying about military honors."

Warren Richey of The Christian Science Monitor has an article headlined "Free speech or just a lie? Supreme Court takes case on Medal of Honor claim; The Supreme Court will take the case of a man who lied about receiving the Congressional Medal of Honor; The question is whether the US can punish him for false statements about his military service."

And at Wired.com's "Threat Level" blog, David Kravets has a post titled "High Court to Decide Legality of Lying About Military Service."
Posted at 01:24 PM by Howard Bashman



"When Fairness and the Law Collide, One Jurist Is Troubled": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 01:10 PM by Howard Bashman


"Life-at-fertilization initiative has hope in Miss." The Associated Press has a report that begins, "A national effort to put abortion bans into state constitutions is looking for its first victory next month in Mississippi, where voters are being asked to approve an amendment declaring that life begins when a human egg is fertilized."
Posted at 11:36 AM by Howard Bashman


"U.S. Supreme Court to hear Shell Nigeria human rights case": James Vicini of Reuters has this report.

And Greg Stohr of Bloomberg News reports that "Torture Suits Against Companies Draw Supreme Court Review in Immunity Case."
Posted at 11:07 AM by Howard Bashman



"Lies About Military Medals to Get U.S. Supreme Court Review in Speech Case": Greg Stohr of Bloomberg News has this report.

And James Vicini of Reuters reports that "High court to hear military medal lying case."
Posted at 11:05 AM by Howard Bashman



"Native American leader Elouise Cobell dies at 65": The Associated Press has a report that begins, "Elouise Cobell, the Blackfeet woman who led a 15-year legal fight to force the U.S. government to account for more than a century of mismanaged Indian land royalties, died Sunday. She was 65."
Posted at 10:11 AM by Howard Bashman


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

In early news coverage, The Associated Press reports that "Court to hear bid to sue Shell for Nigerian abuses"; "High court to rule on Stolen Valor Act"; and "High court won't hear Oneidas' land claim in NY."

And at "SCOTUSblog," Lyle Denniston has posts titled "Court to rule on suing corporations" and "Another test of First Amendment."
Posted at 10:05 AM by Howard Bashman



"Kilpatrick lawyer requests review of law blocking book profits; Lawyer says keeping Kilpatrick from book profits violates rights": The Detroit News today contains an article that begins, "There is no guarantee the Michigan Supreme Court will consider a request to review the constitutionality of a state law used to prevent former Detroit Mayor Kwame Kilpatrick from receiving profits from the sale of his book."
Posted at 08:00 AM by Howard Bashman


"Robert Bork's Romney Connection": Newsweek has this report.
Posted at 07:58 AM by Howard Bashman


"Legal storm growing over secret use of GPS units to track suspects": This article appeared yesterday in The Detroit Free Press.

And The Hill reports that "Groups warn high court of big government intrusion in GPS case."
Posted at 07:56 AM by Howard Bashman



"Telegram for the Federal Circuit: Electronic Case Filing Is Now Available." Andrew Dhuey has this post at "Patently-O."
Posted at 07:54 AM by Howard Bashman


Sunday, October 16, 2011

"Look of top court to change with two new Harper government nominees": In Monday's edition of The Toronto Globe and Mail, Kirk Makin will have an article that begins, "The face of the Supreme Court of Canada is poised to change dramatically -- perhaps as early as this week -- as the Harper government puts an indelible stamp on the court by naming two new nominees."

Update: CTV reports that "Harper has chosen Justice Andromache Karakatsanis and Justice Michael J. Moldaver to fill two vacancies on the Supreme Court of Canada."

And Makin of The Globe and Mail has an updated report headlined "Harper to appoint Ontario judges Karakatsanis and Moldaver to Supreme Court: CTV."
Posted at 10:54 PM by Howard Bashman



"Miss. court weighing damage limitations": The Associated Press has a report that begins, "The Mississippi Supreme Court has asked attorneys for more information as it considers whether the state's limitation on damages in civil cases is constitutional."
Posted at 10:50 PM by Howard Bashman


"4 hospitals in Illinois risk losing status as charities; The court has ruled that at least one nonprofit has not done enough for poor": This article appears today in The Des Moines Register.
Posted at 10:47 PM by Howard Bashman


"Obama Team's Al-Awlaki Memo Furthered Bush Legacy": Law professor Noah Feldman has this essay online at Bloomberg News.
Posted at 10:45 PM by Howard Bashman


"If everyone is unhappy with the Supreme Court, has it found the right spot?" Robert Barnes will have this article Monday in The Washington Post.
Posted at 10:44 PM by Howard Bashman


"Activist West arrested in Supreme Court protest": The Associated Press has this report.
Posted at 10:38 PM by Howard Bashman


"Wayne State University to open Damon J. Keith Center for Civil Rights this week": The Detroit Free Press contains this article today.
Posted at 10:33 PM by Howard Bashman


"Supreme Court Justice Ruth Bader Ginsburg offers advice to female Newark judges": This article appears today in The Newark (N.J.) Star-Ledger.
Posted at 01:15 PM by Howard Bashman


"Former Supreme Court justice now pushing education": The Chicago Tribune today contains an article that begins, "After more than 24 years in the U.S. Supreme Court, former Justice Sandra Day O'Connor now strives to make civics and government more interesting for young children than it was for her growing up in El Paso, Texas."
Posted at 09:32 AM by Howard Bashman


"Under the U.S. Supreme Court: Unreliable eyewitnesses put defendants on death." Michael Kirkland of UPI has this report.
Posted at 09:30 AM by Howard Bashman


Saturday, October 15, 2011

"Clarence Thomas' Questions, Part 2: The Final Flurry." Mike Sacks of The Huffington Post has this report.

And online at The Root, Michael Steele has an essay entitled "Are We Ready to Understand Thomas? Rather than simply judge him, blacks should look at how his hard life shaped his conservative views."

Twenty years ago today, the U.S. Senate voted to confirm Clarence Thomas to be an Associate Justice of the Supreme Court of the United States by a vote of 52-to-48.
Posted at 11:04 PM by Howard Bashman



"Supreme Court Justice Elena Kagan speaks in Tampa": The Associated Press has a report that begins, "U.S. Supreme Court Justice Elena Kagan, who had never served as a judge before she joined the court, offered a group of bankruptcy judges a glimpse Saturday of her role as a quick learner."
Posted at 11:02 PM by Howard Bashman


"Judge Finds in Favor of DOJ in Suit Regarding Kagan's Role in Health Care Litigation": Marcia Coyle has this post yesterday at "The BLT: The Blog of Legal Times."

You can access Thursday's ruling of the U.S. District Court for the District of Columbia at this link.
Posted at 11:00 PM by Howard Bashman



"Federal court blocks parts of Alabama immigration law; For the time being, schools won't be required to check the residency status of students; But some other provisions are allowed to stand": This article appears today in The Los Angeles Times.

The New York Times reports today that "Part of Alabama Immigrant Law Blocked."

The Huntsville Times reports that "Appeals court trims Alabama immigration law, legal fight to continue."

The Montgomery Advertiser reports that "Federal appeals court blocks parts of state's immigration law."

And The Christian Science Monitor reports that "Appeals court curtails Alabama immigration law, for now; A US appeals court temporarily blocked two requirements of the tough Alabama immigration law: one that schools check new students' immigration status and one that immigrants carry special ID."
Posted at 10:55 PM by Howard Bashman



"College Diversity Nears Its Last Stand": Adam Liptak will have this news analysis in the Sunday Review section of tomorrow's edition of The New York TImes.
Posted at 09:15 PM by Howard Bashman


"GOP: Gays don't need special legal protections." Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "With more than half of Americans in a recent poll accepting same-sex marriage, gays and lesbians need no judicial protection from laws passed by Congress, House Republicans argued Friday in a San Francisco court in defense of a law denying federal benefits to same-sex spouses."

And The Associated Press reports that "US House group files motion in gay marriage suit."
Posted at 09:12 PM by Howard Bashman



"Judges' deaths add to 9th Circuit backlog; The nation's busiest appeals court has lost five judges this year": Carol J. Williams has this article today in The Los Angeles Times.
Posted at 08:40 PM by Howard Bashman


"The Supreme Court: When Double Jeopardy Isn't Double Jeopardy." Time magazine has this report.
Posted at 08:32 AM by Howard Bashman


"Court won't review decision on Soledad cross": Today's edition of The San Diego Union-Tribune contains an article that begins, "A federal appeals court has declined to review an earlier decision that the cross atop Mount Soledad in La Jolla is unconstitutional, clearing the way for supporters of the controversial landmark to try to take the case to the U.S. Supreme Court."

You can access yesterday's order of the U.S. Court of Appeals for the Ninth Circuit denying rehearing en banc, and the opinion dissenting therefrom, at this link.
Posted at 08:14 AM by Howard Bashman



Friday, October 14, 2011

"Justice Scalia to lawyers: Read more, write better." Frank Green has this article today in The Richmond Times-Dispatch.
Posted at 01:54 PM by Howard Bashman


"US court: No immigration checks at Ala. schools." The Associated Press has a report that begins, "A federal appeals court issued a ruling Friday that temporarily blocked parts of an Alabama law requiring schools to check the immigration status of students but let stand a provision that allows police to detain immigrants that are suspected of being in the country illegally."
Posted at 01:24 PM by Howard Bashman


"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's the title of a post that I published on April 27, 2011 reporting on a ruling that the U.S. Court of Appeals for the Second Circuit had issued that day.

Today; the Second Circuit issued this follow-up per curiam opinion, which indicates that the Second Circuit may still have even more to say about the matter in the future.
Posted at 01:02 PM by Howard Bashman



Thursday, October 13, 2011

"Oregon Chief Justice Paul DeMuniz will retire at end of term, leaving seat to wide-open race": The Oregonian has this news update.
Posted at 10:24 PM by Howard Bashman


"Appeals court: Pleau does not have to be surrendered to feds." The Providence (R.I.) Journal has a news update that begins, "A federal appeals court in Boston ruled Thursday that Rhode Island does not have to surrender accused murderer Jason Wayne Pleau to federal prosecutors who asked to have him tried in federal court where, if convicted, he potentially could have faced the death penalty."

And The Associated Press reports that "RI man spared possible death penalty prosecution."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 08:20 PM by Howard Bashman



"Supreme Court: Ministerial Exception." This segment (transcript with link to video) appeared on last Friday's broadcast of the PBS program "Religion and Ethics Newsweekly."
Posted at 08:14 PM by Howard Bashman


"Senate Confirms Three More Judicial Nominees": David Ingram has this post at "The BLT: The Blog of Legal Times."

Congratulations, in particular, to "How Appealing" reader Ali Nathan, who attained confirmation to the U.S. District Court for the Southern District of New York by a vote of 48-to-44.

Update: In other coverage, The Associated Press reports that "Senate confirms gay woman as federal judge."
Posted at 05:07 PM by Howard Bashman



"Jurors Convict Komisarjevsky On All 17 Counts; He Faces Death Penalty Hearing": The Hartford Courant has this news update.

The New Haven Register has a news update headlined "Komisarjevsky guilty of all 17 counts in Petit murders; faces death penalty."

And The Associated Press reports that "Conn. man convicted in deadly '07 home invasion."
Posted at 04:28 PM by Howard Bashman



"Ninth Circuit Court of Appeals Mourns Passing of Judge Robert Boochever": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has issued this news release.
Posted at 02:44 PM by Howard Bashman


Access online the "Supreme Court Opinion Writing Database": At this link. The authors of the site are political science professors James Spriggs, Paul Wahlbeck, and Forrest Maltzman.
Posted at 02:40 PM by Howard Bashman


"Fla. lawmaker wants to bring back firing squads": The Associated Press has this report.
Posted at 11:15 AM by Howard Bashman


"Bills eye $8M for victims' families": The Boston Herald today contains an article that begins, "The fight for justice for relatives of two of Whitey Bulger's alleged victims shifted to Washington, D.C., as U.S. Rep. William Keating filed bills to pay the families $8.5 million after years of legal wrangling."

And today's edition of The Boston Globe contains an article headlined "Keating urges Congress to pay kin" and an editorial entitled "Supreme Court should step in, bring justice to Bulger's victims."
Posted at 09:46 AM by Howard Bashman



"When does free speech trump minority protections?" In today's edition of The Toronto Globe and Mail, Kirk Makin has an article that begins, "In a highly charged case, the Supreme Court interjected repeatedly as it grappled with how to protect minorities from expressions of hate without damaging free speech -- a decision that could have far-reaching implications for hate laws across the country."
Posted at 08:02 AM by Howard Bashman


"Komisarjevsky Jurors Head Into Second Day Of Deliberations; Deliberated Four Hours Wednesday On 17 Counts": The Hartford Courant contains this article today.

And The New Haven Register reports today that "Jury begins deliberations in Komisarjevsky triple-homicide trial."
Posted at 08:00 AM by Howard Bashman



"Gallup Poll: 35% oppose death penalty." This article appears today in USA Today.

And Gallup today issued a news release headlined "In U.S., Support for Death Penalty Falls to 39-Year Low; Fifty-two percent say the death penalty is applied fairly."
Posted at 07:58 AM by Howard Bashman



"Utah firm's gene patent case could go to Supreme Court; Utah company holds title to two DNA bits related to cancer": The Salt Lake Tribune today contains an article that begins, "Groups fighting to overturn patents related to human genes held by Utah's Myriad Genetics said Wednesday they will take their case to the U.S. Supreme Court, and a law professor said they have a good chance of getting the nationally significant issues heard."
Posted at 07:33 AM by Howard Bashman


Wednesday, October 12, 2011

"Supreme Court has trouble balancing strip-searches with privacy rights": Robert Barnes will have this article Thursday in The Washington Post.
Posted at 10:08 PM by Howard Bashman


"Hate laws vital in the digital age, Supreme Court hears in landmark case": Kirk Makin of The Toronto Globe and Mail has a news update that begins, "The instantaneous spread of hateful material through the internet has made it all the more vital that hate-mongers be restrained, the Supreme Court of Canada was told this morning."
Posted at 09:06 PM by Howard Bashman


"Denied Veterans Benefits Over Same-Sex Marriage, Ex-Sailor Challenges Law": Thursday's edition of The New York Times will contain an article that begins, "In what experts say is the first case of its kind, a disabled Navy veteran from Connecticut is challenging the constitutionality of two federal laws that define marriage as being between opposite-sex partners, saying the government denied her veterans benefits because she is married to a woman."
Posted at 09:02 PM by Howard Bashman


"Supreme Court Weighs Strip-Search Propriety": Adam Liptak will have this article Thursday in The New York Times.

Joan Biskupic of USA Today has a news update headlined "Supreme Court mulls danger, dignity in strip-search case."

Jess Bravin of The Wall Street Journal has a news update headlined "Supreme Court Wrestles With Strip Searches."

The Newark Star-Ledger has a news update headlined "U.S. Supreme Court holds hearing on N.J. strip-search lawsuit."

The Philadelphia Inquirer has a news update headlined "Supreme Court hears strip-search case from Burlco."

Warren Richey of The Christian Science Monitor has an article headlined "Can right to privacy bar a strip search in jail? Supreme Court hears case; A motorist jailed for a minor offense in 2005 says two New Jersey jails violated his privacy rights by subjecting him to a strip search; The jails told the Supreme Court that security justifies the practice."

This evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Supreme Court Weighs Legality Of Strip Searches" (transcript with link to audio) featuring Nina Totenberg.

This evening's broadcast of "The PBS NewsHour" contained a segment entitled "Supreme Court Weighs Constitutionality of Routine Jailhouse Strip Searches" (transcript with link to video) featuring Marcia Coyle.

Ariane de Vogue of ABCNews.com has a blog post titled "Supreme Court Struggles with Strip Searches."

Mike Sacks of The Huffington Post has an article headlined "Supreme Court Strip Search: Justice Kennedy May Be Swing Vote On Jailhouse Dignity."

And at "SCOTUSblog," Orin Kerr has a post titled "Thoughts on the strip-search case."
Posted at 09:00 PM by Howard Bashman



"No Verdict Today In Komisarjevsky Trial; Jury Deliberates For 4 Hours; Resuming Thursday At 10": The Hartford Courant has this news update.

And The Associated Press reports that "No verdict in Conn. home invasion trial on day 1."
Posted at 05:20 PM by Howard Bashman



"Anna Nicole Smith's biggest legacy? Confusion in bankruptcy case." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 04:32 PM by Howard Bashman


"Corporate Citizenship: How Public Dissent In Paris Sparked Creation Of The Corporate Person." Ryan Grim and Mike Sacks of The Huffington Post have this report.
Posted at 03:18 PM by Howard Bashman


"Abortion foes push fetal heartbeat bills in states": The Associated Press has this report.
Posted at 03:15 PM by Howard Bashman


"Supreme Court considers routine strip searches in jails; In a New Jersey case, Supreme Court justices hear arguments about whether the 14 million Americans who are arrested each year can legally be strip-searched and closely examined before they enter a jail; Some express doubts about imposing a blanket rule": David G. Savage of The Los Angeles Times has this news update.

James Vicini of Reuters reports that "Supreme Court considers jail strip searches."

And Bill Mears of CNN.com reports that "Justices struggle for clarity on prison strip searches."
Posted at 03:14 PM by Howard Bashman



"High court looks at routine strip searches in jail": Mark Sherman of The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: No flat rule on strip-searches?"

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Florence v. Board of Chosen Freeholders of County of Burlington, No. 10-945.
Posted at 01:17 PM by Howard Bashman



"Judge Thwarts Komisarjevsky Defense Effort To Put Hayes On Stand": The Hartford Courant has this news update.

And The Associated Press reports that "Judge rejects move to reopen home invasion case."
Posted at 10:56 AM by Howard Bashman



"Analysis: A rare rebuff for the SG." Lyle Denniston has this post at "SCOTUSblog."
Posted at 07:58 AM by Howard Bashman


"High court looks at routine strip searches in jail": Mark Sherman of The Associated Press has this report.

Today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Should Minor Offenders Be Subject To Strip Searches?" featuring Nina Totenberg.

And online at The Root, Sherrilyn A. Ifill has an essay entitled "Are Strip Searches Unconstitutional? A businessman humiliated by New Jersey police takes his case to the U.S. Supreme Court."
Posted at 07:52 AM by Howard Bashman



"Supreme Court refuses to reinstate Abu-Jamal death sentence": The Philadelphia Inquirer contains this article today.

David G. Savage of The Los Angeles Times has a blog post titled "Mumia Abu-Jamal can get new sentencing, Supreme Court decides."

And CNN.com reports that "High court ruling means execution unlikely in 1981 cop-killing."
Posted at 07:48 AM by Howard Bashman



"Ricci suit spices up mayoral race": This article appears today in The Yale Daily News.
Posted at 07:45 AM by Howard Bashman


"Anti-gay proselytizer takes aim at Canada's hate laws in landmark case": Today in The Toronto Globe and Mail, Kirk Makin has an article that begins, "The Supreme Court will hear the most significant test of Canada's hate laws in decades on Wednesday in a case that will decide which is more valuable -- freedom of speech and religion or the right to protection from hate."
Posted at 07:44 AM by Howard Bashman


"Robert Boochever dies at 94; U.S. appellate judge; Robert Boochever was one of 10 judges added to the 9th Circuit Court of Appeals in Carter's last years; Some of the jurist's key decisions involved celebrities' right to control the commercial value of their fame": Carol J. Williams has this obituary today in The Los Angeles Times.
Posted at 07:40 AM by Howard Bashman


"Komisarjevsky Jurors Hear Two Sharply Different Views In Closing Arguments; State: 'They Were Screaming For Their Lives'; Defense: He 'Did Not Intend' For Anyone To Die." This article appears today in The Hartford Courant.

The New Haven Register reports today that "Defense contends Komisarjevsky didn't intend for Cheshire victims to die; jury to begin deliberations."

And The Associated Press reports that "Conn. jury to begin deliberations in home invasion."
Posted at 07:25 AM by Howard Bashman



Tuesday, October 11, 2011

"Clarence Thomas' Influence On The Supreme Court": Nina Totenberg had this audio segment on this evening's broadcast of NPR's "All Things Considered."
Posted at 10:46 PM by Howard Bashman


"Supreme Court considers whether 'right to sue' means only right to arbitration": Robert Barnes will have this article Wednesday in The Washington Post.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in CompuCredit Corp. v. Greenwood, No. 10-948.
Posted at 10:30 PM by Howard Bashman



"Supreme Court: Are Strip Searches Constitutional?" Ariane de Vogue of ABCNews.com has this blog post.
Posted at 09:10 PM by Howard Bashman


"Supreme Court still pondering whether to hear Utah highway crosses case": The Salt Lake Tribune has this news update.
Posted at 09:03 PM by Howard Bashman


"Fourth Circuit provides 100 pages of ACCA's application to indecent liberties": Douglas A. Berman has this post at his "Sentencing Law and Policy" blog. You can access today's en banc ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 08:50 PM by Howard Bashman


"Examining the Workload of Pennsylvania's Highest Court": Today's installment of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers, contains this month's installment of my monthly "Upon Further Review" column.

This month's column begins, "Recently, a journalist working at one of Pennsylvania's major newspapers called me in the hope that I would be willing to speak on the record about the declining number of opinions that the Supreme Court of Pennsylvania issued in 2010."
Posted at 05:06 PM by Howard Bashman



"Prosecutors mull possible retrial in 1991 murders": The Associated Press has a report that begins, "Prosecutors in Arizona were expected to announce Tuesday whether a man convicted of killing nine people at a Buddhist temple will be retried after the U.S. Supreme Court refused to overturn a decision that threw out his confession."
Posted at 05:00 PM by Howard Bashman


"Mortgage Closing Overcharge Case Gets U.S. High Court Review": Greg Stohr of Bloomberg News has this report.

Warren Richey of The Christian Science Monitor reports that "Supreme Court rejects appeal in gay couple's adoption case; The Supreme Court action Tuesday means Louisiana does not have to amend the birth certificate of a local boy adopted by an unmarried gay couple living in New York, to record them as his parents."

James Vicini of Reuters reports that "Supreme Court won't hear same-sex adoptive parents case" and "U.S. court clears Abu-Jamal case re-sentencing."

And at the "School Law" blog of Education Week, Mark Walsh has a post titled "High Court Declines Cases on Student Expression."
Posted at 04:58 PM by Howard Bashman



"Alabama urges court not to block immigration law": The Associated Press has this report.

And Bloomberg News reports that "Alabama Opposes U.S. Bid to Bar Immigration Law Enforcement During Appeal."
Posted at 04:38 PM by Howard Bashman



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

In early news coverage, The Associated Press reports that "High court to decide double jeopardy question"; "Court won't hear gay dads' birth certificate case"; "Court rules in favor of one-time Black Panther"; "Court won't hear appeal of Buddhist murders case"; "Court won't hear NH presidential ballot question"; and "Court won't hear appeal from Alamo followers."

And at "SCOTUSblog," Lyle Denniston has a post titled "Gay couple case rejected; 2 grants."
Posted at 10:04 AM by Howard Bashman



"Reflections on Hosanna-Tabor (I) -- Justice Breyer's statutory question": The newly famous Marty Lederman has this post today at "SCOTUSblog."
Posted at 09:34 AM by Howard Bashman


"After 34 years on the bench, Stevens reflects on law, elections and Watergate": This article appears today in The Daily Princetonian.

And The Times of Trenton, New Jersey reports today that "Former Justice Stevens hopeful about court's future."
Posted at 09:28 AM by Howard Bashman



Yesterday's broadcast of WYPR's "Midday with Dan Rodricks" featured an interview with Justice Stephen G. Breyer: You can access the audio via this link.
Posted at 08:50 AM by Howard Bashman


"Thomas Confirmation Hearings Had Ripple Effect": This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 07:10 AM by Howard Bashman


"Lord Phillips, Supreme Court president, to retire early": BBC News has this report.
Posted at 07:08 AM by Howard Bashman


"Former Alaska Supreme Court justice dies": Today's edition of The Juneau Empire contains an article that begins, "Robert Boochever, who served as chief justice for the Alaska Supreme Court and as senior judge on the 9th U.S. Circuit Court of Appeals, died Sunday in his Pasadena, Calif., home. He was 92."
Posted at 07:06 AM by Howard Bashman


"Komisarjevsky's Attorneys Seek To Curb State's Closing Argument; Urge Judge To Bar Any Statements That Contradict Arguments Made In Steven Hayes' Trial": This article appears today in The Hartford Courant.
Posted at 07:00 AM by Howard Bashman


"FBI's case against anthrax suspect rife with questions": ProPublica, McClatchy Newspapers, and PBS' Frontline have this report, along with articles headlined "Newly released files cloud FBI's anthrax finding" and "Was FBI's science good enough to ID anthrax killer?"
Posted at 06:55 AM by Howard Bashman


Monday, October 10, 2011

"Former Justice John Paul Stevens describes Supreme Court from the inside": Princeton University issued this news release earlier tonight.
Posted at 10:18 PM by Howard Bashman


"Federal Appellate Judges: Gender and Race Stats." Michelle Olsen has this post at her "Appellate Daily" blog.
Posted at 10:17 PM by Howard Bashman


"Anita Hill Reflects on 20 Years Since Clarence Thomas Hearings": This segment (transcript with video link) appeared on this evening's broadcast of The PBS NewsHour.
Posted at 10:15 PM by Howard Bashman


"Drug-injection ruling hints at likely clashes between Ottawa and courts": Kirk Makin will have this article Tuesday in The Toronto Globe and Mail.
Posted at 10:14 PM by Howard Bashman


"Drug-injection ruling hints at likely clashes between Ottawa and courts": Kirk Makin will have this article Tuesday in The Toronto Globe and Mail.
Posted at 10:14 PM by Howard Bashman


"In Supreme Court case, man says strip-search humiliated him": Joan Biskupic will have this article Tuesday in USA Today.

And Bill Mears of CNN.com has an article headlined "Privacy vs. Security: Justices to debate jail strip searches."
Posted at 08:25 PM by Howard Bashman



"Ex-Justice Stevens optimistic about court's future": The Associated Press has this report.
Posted at 08:22 PM by Howard Bashman


"Justice Stevens' memoir offers intriguing Court insights": David L. Hudson Jr. has this essay online at the First Amendment Center.
Posted at 02:08 PM by Howard Bashman


"South Jersey strip-search case gains interest; Supreme Court to hear arguments in Burlington Co. incident": This article appears today in The Courier-Post of Cherry Hill, New Jersey.
Posted at 07:22 AM by Howard Bashman


"Dissenting Often, State;s Chief Judge Establishes a Staunchly Liberal Record": The New York Times contains this article today.
Posted at 07:10 AM by Howard Bashman


"Scientists' Analysis Disputes F.B.I. Closing of Anthrax Case": This article appears today in The New York Times.

Yesterday's edition of The Times of Trenton, New Jersey contained an article headlined "A decade on, legacy of anthrax attacks lingers in Mercer County and beyond."

And tomorrow night's broadcast of the PBS program "Frontline" is titled "The Anthrax Files."
Posted at 07:08 AM by Howard Bashman



Sunday, October 9, 2011

"Justice John Paul Stevens, the Last of the Mohicans": Andrew Cohen has this book review online at The Atlantic.
Posted at 06:54 PM by Howard Bashman


"Justices Get Candid About The Constitution": This audio segment appeared on today's broadcast of NPR's "Weekend Edition Sunday."
Posted at 06:52 PM by Howard Bashman


"Case spotlights lawyers' role in Pa. death penalty": The Associated Press has this report.
Posted at 06:50 PM by Howard Bashman


"Gingrich: Congress, president can ignore courts." CBSNews.com has a report that begins, "Republican presidential candidate Newt Gingrich maintained on Sunday that Congress should have the authority to ignore federal judges, because he believes they have become 'dictatorial and arrogant' and 'pretend they are the dominant branch' of the government."
Posted at 06:14 PM by Howard Bashman


"Under the U.S. Supreme Court: Healthcare in the hands of an angry court." Michael Kirkland of UPI has this report.
Posted at 06:12 PM by Howard Bashman


Saturday, October 8, 2011

"State supreme court justice battles cancer without missing a day": KING 5 News of Seattle has this report.
Posted at 11:10 PM by Howard Bashman


"Clarence's Questions, Part 1: The Case Of The Burning Cross." Mike Sacks of The Huffington Post has this report.
Posted at 11:08 PM by Howard Bashman


"Secret U.S. Memo Made Legal Case to Kill a Citizen": Charlie Savage will have this article Sunday in The New York Times.
Posted at 10:23 PM by Howard Bashman


Friday, October 7, 2011

Programming note: Additional posts will appear here on Saturday night.
Posted at 04:33 PM by Howard Bashman


"Court clears way for Loughner's return to Missouri": The Associated Press has this report on an order that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 04:25 PM by Howard Bashman


"US asks appeals court to halt Ala. immigration law": The Associated Press has this report.

Update: In other coverage, Reuters reports that "Justice Department seeks immediate stay of Ala. immigration law."

And Bloomberg News reports that "U.S. Asks for Bar to Enforcement of Alabama Immigration Laws During Appeal."
Posted at 11:38 AM by Howard Bashman



"Redondo Beach to ask U.S. Supreme Court to uphold day laborer law": The Los Angeles Times has this report.
Posted at 11:28 AM by Howard Bashman


"Breyer praises Merhige at UR law school ceremony": The Associated Press has this report.
Posted at 10:54 AM by Howard Bashman


"At the high court, high stakes for religious freedom": Charles C. Haynes has this essay online at the First Amendment Center.
Posted at 10:42 AM by Howard Bashman


"Judge Chides Plaintiffs' Lawyers In Indian Trust Class Action": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."

And Alison Frankel's "On the Case" from Thomson Reuters News & Insight reports that "D.C. judge chides Cobell lawyers for trying to squelch appeal."

You can access Wednesday's ruling of the U.S. District Court for the District of Columbia at this link.
Posted at 10:32 AM by Howard Bashman



"Komisarjevsky: Tales Of A Tortured Childhood; Both Sides Rest; Closing Arguments Tuesday." This article appears today in The Hartford Courant.
Posted at 10:24 AM by Howard Bashman


"Loughner lawyer pleads for him to stay at Arizona prison; An attorney for Tucson shooting suspect Jared Lee Loughner urges an appellate panel to let him stay near his family rather than return to a Missouri prison hospital": Carol J. Williams has this article today in The Los Angeles Times.
Posted at 10:22 AM by Howard Bashman


"Families in Bulger FBI case lose appeal; Claim for nearly $8.5m filed too late, court says": This article appears today in The Boston Globe. In addition, columnist Kevin Cullen has an op-ed entitled "Court on the wrong side of the law."

And The Associated Press reports that "Families in mob case lose appeal over $8.5M award."

My earlier coverage of yesterday's First Circuit order denying rehearing en banc by a vote of 3-to-3 can be accessed here.
Posted at 10:06 AM by Howard Bashman



"Argument preview: No limits on strip-searching?" Lyle Denniston has this post at "SCOTUSblog."
Posted at 10:02 AM by Howard Bashman


Thursday, October 6, 2011

"Antonin Scalia Unplugged: Wants to Kill 'Living' Constitution." Ariane de Vogue of ABC News has this blog post.

And online at Slate, Dahlia Lithwick has a jurisprudence essay entitled "The Steve and Nino Show: Justices Stephen Breyer and Antonin Scalia unintentionally make the case for putting cameras in the courtroom."
Posted at 10:33 PM by Howard Bashman



"For Anita Hill, the Clarence Thomas hearings haven't really ended": This article will appear Friday in The Washington Post.
Posted at 10:30 PM by Howard Bashman


"Supreme Court justice gives dedication of courtroom": The Collegian -- the student newspaper of the University of Richmond -- has a news update that begins, "U.S. Supreme Court Justice Stephen Breyer spoke at the dedication of Moot Courtroom at the University of Richmond's T.C. Williams School of Law Thursday afternoon."
Posted at 10:27 PM by Howard Bashman


"Families of Bulger victims lose millions in court reversal": The Boston Globe had this report in February on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the First Circuit had issued.

Today, by a vote of 3-to-3, the First Circuit entered an order denying rehearing en banc. Opinions concurring in and dissenting from the denial of en banc rehearing accompany today's order.
Posted at 09:00 PM by Howard Bashman



"Ministers of Justice -- The Supreme Court asks which is more important: preventing discrimination or protecting religion?" Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:47 PM by Howard Bashman


"Court mulls whether to send Loughner to Missouri": The Associated Press has this report.

You can access the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit via this link.
Posted at 08:11 PM by Howard Bashman



"Westboro Baptist case: Juries on trial; What was lost in the Snyder v. Phelps decision: the importance of jury trials in important cases." Raymond Novak has this op-ed today in The Baltimore Sun.
Posted at 02:18 PM by Howard Bashman


"A Critical Appraisal of the Supreme Court's Decision in J. Mcintyre Machinery, Ltd. v. Nicastro": Law professor Allan Ides has posted this article online at SSRN (via "Legal Theory Blog").
Posted at 02:14 PM by Howard Bashman


"Court considers Ga. ban on guns in churches": The Associated Press has this report on the oral argument that occurred earlier today before a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit.
Posted at 01:56 PM by Howard Bashman


"Gun rights group argues for right to bring guns to worship": This article appears today in The Atlanta Journal-Constitution.

And The Associated Press reports that "Ga. ban on guns in places of worship before court."
Posted at 10:04 AM by Howard Bashman



"Breyer and Scalia Testify at Senate Judiciary Hearing": The New York Times contains this article today.

In today's edition of USA Today, Joan Biskupic reports that "Scalia, Breyer weigh in on value of televised arguments."

The Washington Times contains an article headlined "In Hill testimony, justices lift high court's veil; Views diverge on Constitution."

Roll Call reports that "Democrats Question Supreme Court Justices as Session Begins."

And Mike Sacks of The Huffington Post reports that "Justices Breyer And Scalia Take Their Constitutional Show To The Senate."
Posted at 08:37 AM by Howard Bashman



"Dems call for Clarence Thomas ethics probe": Politico.com has this report.

And today's edition of The Washington Times contains an editorial entitled "Politicians in glass houses: Democratic ethics attack on Clarence Thomas backfires."
Posted at 08:34 AM by Howard Bashman



"UT, affirmative action head back to Supreme Court": Columnist Linda P. Campbell has this op-ed today in The Fort Worth Star-Telegram.
Posted at 08:30 AM by Howard Bashman


"If the mandate goes, will the health law stay?" Jennifer Haberkorn has this article today at Politico.com.
Posted at 08:27 AM by Howard Bashman


"In Supreme Court Argument, a Rock Legend Plays a Role": Adam Liptak has this article today in The New York Times.
Posted at 08:26 AM by Howard Bashman


"Bankruptcy judges waive fee to cover Kagan talk": The Associated Press has this report.
Posted at 08:24 AM by Howard Bashman


"Breyer Invited to Make a Case for Architecture": This article appears today in The New York Times.
Posted at 08:20 AM by Howard Bashman


Wednesday, October 5, 2011

"Clarence Thomas marks 20 years on the bench": Bill Mears of CNN.com has this report.
Posted at 10:20 PM by Howard Bashman


"No Slut or Nut, Anita Hill Talks 20 Years Later": Columnist Susan Antilla has this essay online at Bloomberg News.
Posted at 10:15 PM by Howard Bashman


"President Obama Nominates Judge Patty Shwartz for the United States Court of Appeals": The White House issued this news release today.

The Bergen (N.J.) Record has a news update headlined "Obama nominates Paterson-born judge to federal appeals court."

And The Asbury Park (N.J.) Press has a news update headlined "N.J. judge nominated for appeals court."
Posted at 08:04 PM by Howard Bashman



"Supreme Court justices question Obama administration's religious freedom arguments": The Deseret News has this update.

Mike Sacks of The Huffington Post reports that "Supreme Court Asked To Exempt Churches From Employee Discrimination Lawsuits."

And this evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "High Court Considers Disabilities Act Dispute" featuring Nina Totenberg.
Posted at 07:42 PM by Howard Bashman



"Justice Scalia: Americans 'should learn to love gridlock.'" David G. Savage of The Los Angeles Times has this news update.

Mark Sherman of The Associated Press has a report headlined "Scalia: Judges 'ain't what they used to be.'"

James Vicini of Reuters reports that "Justice Scalia rejects dysfunctional government talk."

Bill Mears of CNN.com reports that "Justices bring constitutional road show to the Senate."

And Politico.com reports that "Antonin Scalia dissents on press criticism."
Posted at 07:32 PM by Howard Bashman



"U.S. to top court: protect foreign artists." James Vicini of Reuters has this report.
Posted at 07:22 PM by Howard Bashman


"Off the Bench, Into the Fray: A former Supreme Court justice offers portraits of colleagues and, inadvertently, himself." Adam J. White will have this review of the book "Five Chiefs: A Supreme Court Memoir" by retired Justice John Paul Stevens in Thursday's edition of The Wall Street Journal.
Posted at 05:16 PM by Howard Bashman


"Considering the Role of Judges Under the Constitution of the United States": The Senate Judiciary Committee has posted online at this link the archived video of this afternoon's testimony of U.S. Supreme Court Justices Antonin Scalia and Stephen G. Breyer.
Posted at 05:12 PM by Howard Bashman


"Software Makers Win Big in Supreme Court Copyright Fight": David Kravets has this post today at Wired.com's "Threat Level" blog.
Posted at 05:10 PM by Howard Bashman


"Face the federal death penalty in Michigan? Let state's laws decide." Law professor Michael J. Zydney Mannheimer has this op-ed today in The Detroit Free Press.
Posted at 05:04 PM by Howard Bashman


"Justice Kagan's eagerness to speak bumps tradition": Bill Mears of CNN.com has this report.
Posted at 04:55 PM by Howard Bashman


"Chief Justice Roberts invokes Hendrix at Woodstock": Mark Sherman of The Associated Press has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Golan v. Holder, No. 10-545.
Posted at 03:50 PM by Howard Bashman



"Supreme Court tackles church-state conflict involving schools": David G. Savage of The Los Angeles Times has this news update.

Joan Biskupic of USA Today has a news update headlined "Justices hear religious workplace dispute."

James Vicini of Reuters reports that "Top court hears fired teacher church-state case."

Bill Mears of CNN.com reports that "High court hears church-state appeal over 'ministerial' employee."

At Education Week's "School Law" blog, Mark Walsh has a post titled "High Court Weighs Parochial-School Teachers' Rights."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: Blurry line between church and state."
Posted at 03:38 PM by Howard Bashman



"Bankruptcy judges asking $100 to cover Kagan talk": The Associated Press has this report.
Posted at 03:06 PM by Howard Bashman


"Court: Can gov't get involved in church dispute?" Jesse J. Holland of The Associated Press has a report that begins, "The Supreme Count on Tuesday seemed deeply divided on how far the government can intrude inside the employment practices of churches and religious groups, a decision being closely watched by religious institutions concerned about their independence and by civil rights groups looking out for their employees."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, No. 10-553.
Posted at 01:54 PM by Howard Bashman



"Will Copyright Stifle Hollywood?" Professor Peter Decherney has this op-ed today in The New York Times.
Posted at 01:50 PM by Howard Bashman


"Terrorist takes U.S. to court over his confinement conditions at Supermax in Colorado": This article appears today in The Denver Post.

And The Associated Press has a report headlined "Judge: Terrorist can sue over prison restrictions."

My earlier coverage of last week's ruling appears at this link.
Posted at 11:26 AM by Howard Bashman



In suit brought by members of Westboro Baptist Church, Eighth Circuit affirms injunction against a Manchester, Missouri ordinance regulating protests near funerals: You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 11:16 AM by Howard Bashman


"Nazi salute lawsuit against Santa Cruz can proceed": Denny Walsh has this article today in The Sacramento Bee.
Posted at 08:05 AM by Howard Bashman


"Elbert Tuttle, Quiet Civil Rights 'Revolutionary'": At NPR.org, Nina Totenberg has this review of the book "Elbert Parr Tuttle: Chief Jurist of the Civil Rights Revolution" by Anne Emanuel.
Posted at 08:04 AM by Howard Bashman


"Alabama death-row inmate receives sympathetic hearing at Supreme Court": Robert Barnes has this article today in The Washington Post.

And The Birmingham News reports today that "Supreme Court has hard questions in Alabama Death Row case."
Posted at 08:00 AM by Howard Bashman



"Court: Can gov't get involved in church dispute?" Jesse J. Holland of The Associated Press has this report.

And today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Do Civil Rights Laws Apply To Parochial Schools?" featuring Nina Totenberg.
Posted at 07:42 AM by Howard Bashman



Tuesday, October 4, 2011

"Washington Wants a Say Over Your Minister: The Supreme Court weighs whether the feds can decide which church employees are clergy and which aren't." Law professor Michael W. McConnell will have this op-ed Wednesday in The Wall Street Journal.
Posted at 10:45 PM by Howard Bashman


"An Appeal Gone Astray Catches the Supreme Court's Attention": Adam Liptak will have this article Wednesday in The New York Times. Tomorrow's newspaper will also contain an editorial entitled "A Dreadful Missed Deadline."
Posted at 10:44 PM by Howard Bashman


"Federal appeals court panel rules in favor of D.C. gun law": The Washington Post has this news update.

And The Washington Times has a news update headlined "Assault-gun ban stands in D.C., registration rules also upheld."
Posted at 10:42 PM by Howard Bashman



"The legacy of the Clarence Thomas-Anita Hill hearings": Columnist Ruth Marcus will have this op-ed Wednesday in The Washington Post.
Posted at 10:38 PM by Howard Bashman


"Event with Justice Stevens recounts remarkable Supreme Court career": UChicagoNews has this report, with accompanying video of the event.
Posted at 10:36 PM by Howard Bashman


"Pennsylvania judge raises $427,000 for uncontested race": Reuters has this report.
Posted at 10:28 PM by Howard Bashman


"High court hears case of Alabama death row inmate Cory Maples": David G. Savage of The Los Angeles Times has this news update.

Joan Biskupic of USA Today has a news update headlined "High court mulls Ala. death row challenge of missed deadline."

Bill Mears of CNN.com reports that "Justices weigh whether inmate should die after mailroom slipup."

Ariane de Vogue of ABCNews.com has a report headlined "Supreme Court: Death Row Inmate Says Lawyers From Elite Firm Abandoned Him."

Mike Sacks of The Huffington Post has a report headlined "Death Row Debate: Justice Scalia Stands Alone As Supreme Court Hears Case Of Mailroom Mix-up."

James Vicini of Reuters reports that "Supreme Court hears death row inmate's missed deadline case."

Agence France-Presse reports that "US court hears 'return to sender' death row appeal."

And online at Slate, Dahlia Lithwick has a Supreme Court dispatch entitled "Dead Letter Office: The case that has even Antonin Scalia wondering what to do about incompetent lawyers in death penalty cases."
Posted at 07:24 PM by Howard Bashman



"GPS Inventor Urges Supreme Court to Reject Warrantless Tracking": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 07:15 PM by Howard Bashman


"Supreme Court copyright case will decide fate of millions of once-public works": Robert Barnes of The Washington Post has this news update.
Posted at 07:10 PM by Howard Bashman


"Argument preview: Copyright and the public domain." Lyle Denniston has this post at "SCOTUSblog."
Posted at 03:15 PM by Howard Bashman


"High court appears to favor Ala. death row inmate": Mark Sherman of The Associated Press has a report that begins, "The Supreme Court appeared likely Tuesday to order a new court hearing for an Alabama death row inmate who lost the chance to appeal his death sentence because of a mailroom mix-up at a venerable New York law firm."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Maples v. Thomas, No. 10-63.
Posted at 02:24 PM by Howard Bashman



"Judge Henry Floyd elevated to 4th Circuit": James Rosen of McClatchy Newspapers has this report.

And Reuters reports that "Senate approves six for judgeships."
Posted at 02:20 PM by Howard Bashman



"Appeals court upholds DC gun restrictions": The Associated Press has this report.

And Bloomberg News reports that "Washington Assault Weapons Ban Constitutional."
Posted at 02:04 PM by Howard Bashman



"Heller Loses Round Two": At "The Volokh Conspiracy," Jonathan H. Adler has this post about a lengthy Second Amendment ruling that a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued today.

In early news coverage, Reuters reports that "Appeals court upholds DC semi-automatic rifle ban."

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Appeals Court Upholds D.C.'s Ban On Assault Rifles."
Posted at 10:56 AM by Howard Bashman



"San Leandro can be sued for blocking church's move": In today's edition of The San Francisco Chronicle, Bob Egelko has an article that begins, "The U.S. Supreme Court cleared the way Monday for a fast-growing church to sue San Leandro for blocking its move to a larger building, and for a homeless rights advocate to sue Santa Cruz for expelling him from a City Council meeting after he gave a mock Nazi salute to the mayor."
Posted at 10:22 AM by Howard Bashman


"Justices request U.S. opinion in California clean-air case; The Supreme Court asks the Obama administration for a brief in the coastal dispute, which involves fuel requirements for ships; Justices also turn down over 1,800 appeals": David G. Savage has this article today in The Los Angeles Times.
Posted at 10:20 AM by Howard Bashman


"Poll: SCOTUS approval drops." Politico.com has a report that begins, "Approval of the U.S. Supreme Court has dropped to its second-lowest rating ever recorded, accoring to a new Gallup poll."

Yesterday, Gallup issued a news release headlined "Supreme Court Approval Rating Dips to 46%; Down 15 percentage points from 2009."
Posted at 10:09 AM by Howard Bashman



"Stevens Chronicles 'Five Chiefs' Of The Supreme Court": This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:00 AM by Howard Bashman


"For Justices' First Day Back, a Knotty Case Involving Medicaid Cutbacks": Adam Liptak has this article today in The New York Times.

In today's edition of USA Today, Joan Biskupic reports that "Supreme Court weighs right to object to Medicaid cuts."

And in The San Francisco Chronicle, Bob Egelko reports that "U.S. Supreme Court hears Medi-Cal fee-cut case."
Posted at 09:58 AM by Howard Bashman



"Komisarjevsky Trial: Prosecution Rests After 10 Days Of Testimony; Witness Says He Found 'Petroleum Product' On Clothing And Boots; Defense Loses Mistrial Bid Over Juror Contact": This article appears today in The Hartford Courant.

And The New Haven Register reports today that "Komisarjevsky had gasoline on his boots and clothes, forensic tests showed."
Posted at 09:54 AM by Howard Bashman



"Judge Allows Trial on Terrorist's Challenge to Prison Rules": John Schwartz and Benjamin Weiser have this article today in The New York Times.

I have posted last Thursday's ruling of the U.S. District Court for the District of Colorado at this link.
Posted at 09:40 AM by Howard Bashman



"Law firm error imperils Alabama death row inmate": Mark Sherman of The Associated Press has this report.
Posted at 09:36 AM by Howard Bashman


Monday, October 3, 2011

"Justices deal with Ten Commandments display, Florida murder appeal": Bill Mears of CNN.com has this report.
Posted at 11:00 PM by Howard Bashman


"Privacy cases slated for U.S. Supreme Court's new term": Declan McCullagh has this post at cnet.com's "Privacy Inc." blog.
Posted at 10:58 PM by Howard Bashman


"High court declines to hear Norse case: Ruling sends 9-year ordeal to trial." The Santa Cruz Sentinel has this news update.
Posted at 10:54 PM by Howard Bashman


"As Justices Get Back to Business, Old Pro Reveals Tricks of the Trade": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.

Adam Cohen of Time magazine has an article headlined "Five Chiefs: Justice John Paul Stevens' Rare Look Inside the Supreme Court."

And at The Huffington Post, law professor Geoffrey R. Stone has an essay entitled "Five Chiefs: A Review of Justice John Paul Stevens' New Supreme Court Memoir."
Posted at 08:20 PM by Howard Bashman



"Supreme Court opens term with Medicaid cut case": Robert Barnes of The Washington Post has this news update.

Joan Biskupic of USA Today has a news update headlined "Benchmark for Antonin Scalia: 25 years on court."

At WSJ.com's "Law Blog," Jess Bravin has a post titled "Day One of the SCOTUS Term."

Mike Sacks of The Huffington Post has an article headlined "Supreme Court's First Monday: Justices Grapple With Supremacy Clause On Opening Day."

This evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Supreme Court Hears Medicaid Case" featuring Nina Totenberg.

Today's broadcast of "The Takeaway" on WNYC Radio contained an audio segment entitled "Supreme Court Begins New Term" featuring law professor Jeffrey Rosen.

And at her "Appellate Daily" blog, Michelle Olsen has a post titled "SCOTUS Shows Interest in Two Rehearing Petitions."
Posted at 08:07 PM by Howard Bashman



Warren Richey of The Christian Science Monitor is reporting: In coverage of today's U.S. Supreme Court Order List, he has articles headlined "Supreme Court refuses potentially landmark gun-control case"; "Ban on judge's Ten Commandments poster stands as Supreme Court declines case"; and "Can medical records be released without consent? Supreme Court refuses case."
Posted at 05:20 PM by Howard Bashman


"U.S. Supreme Court hears arguments on California Medicaid dispute": David G. Savage of The Los Angeles Times has this news update.

Michael Doyle of McClatchy Newspapers reports that "Supreme Court to decide if MDs can sue states over Medicaid."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: To narrow Ex parte Young, or not."
Posted at 05:16 PM by Howard Bashman



"Supreme Court Wades Into Raging Dispute Over Riverbed Ownership": Lawrence Hurley of Greenwire has this report (via The New York Times).
Posted at 05:10 PM by Howard Bashman


"Medicaid, Death Row And Religion Cases Slated For Supreme Court's First Week Back": Mike Sacks of The Huffington Post has this report.
Posted at 05:00 PM by Howard Bashman


"Italy appeals court clears Knox of murder": The Associated Press has this report.

Reuters reports that "Amanda Knox cleared of murdering British roommate."

Bloomberg News reports that "Amanda Knox Cleared by Italian Appeals Court."

And The New York Times has a news update headlined "Amanda Knox Freed After Appeal in Italian Court."
Posted at 04:05 PM by Howard Bashman



"Supreme Court begins new term with Medicaid case": Mark Sherman of The Associated Press has this report.

And James Vicini of Reuters reports that "Phillips presents to Supreme Court on California Medicaid cuts."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Douglas v. Independent Living Center of Southern Cal., Inc., No. 09-958.
Posted at 03:38 PM by Howard Bashman



Greg Stohr of Bloomberg News is reporting: In coverage of today's U.S. Supreme Court Order List, he has articles headlined "Satellite-TV Companies May Get Court Review on State Taxes"; "Mylan Rejected by U.S. Supreme Court on $77 Million Award"; "Mobile-Phone Safety Lawsuit Rejected by U.S. Supreme Court"; "Price-Fixing Suits Over OPEC Rejected by U.S. Supreme Court"; "Songwriters Rejected by U.S. High Court in Yahoo Royalty Fight"; "AT&T Rejected by U.S. Supreme Court on $500 Million Tax Refund"; "Merrill Financial Advisers Rebuffed by Top Court on Bias Suit"; "Blackstone Rejected by U.S. Supreme Court on IPO Lawsuit"; and "Steelmakers Rejected by U.S. Supreme Court on Duty Calculations."
Posted at 03:34 PM by Howard Bashman


"9th Circuit ruling sends some LCD suits to state court": Dan Levine of Reuters has a report that begins, "Lawsuits brought by two states against liquid crystal display panel makers are not class actions and should be litigated in state court, a U.S. appeals court has ruled."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 03:24 PM by Howard Bashman



"Momentous Term for the 'Kennedy Court'?" Erwin Chemerinsky has this essay online at ABAJournal.com.
Posted at 02:11 PM by Howard Bashman


Generalissimo Francisco Franco is still dead: Page A2 of today's edition of The Washington Post contains the following correction:
Because of a production error, the Oct. 2 obituary of Peter Terpeluk Jr. was accompanied by a photo of Supreme Court Justice Antonin Scalia. Mr. Terpeluk's photograph appears with a correction on Page B4 of today's editions.
And in somewhat related news, Bill Mears of CNN.com reports that "Scalia honored for quarter century as justice."
Posted at 12:25 PM by Howard Bashman


"At Fundraiser, Michelle Obama Says Supreme Court Is at Stake": David Ingram has this post at "The BLT: The Blog of Legal Times."
Posted at 12:03 PM by Howard Bashman


James Vicini of Reuters is reporting: In coverage of today's U.S. Supreme Court Order List, he has articles headlined "Supreme Court won't review gun rights outside of home"; "Supreme Court rejects Internet music download case"; and "Supreme Court rejects Blackstone IPO lawsuit appeal."
Posted at 11:34 AM by Howard Bashman


Access online today's Order List of the U.S. Supreme Court: The Court has posted today's Order List at this link. The Court requested the views of the Solicitor General in five cases.

In early news coverage, The Associated Press reports that "Court throws out judgment against voting machines"; "Court won't hear appeal from judge over display"; "Court turns away lawsuit over Obama eligibility"; "Court won't stop Iowa from forcing KFC to pay tax"; "High court turns away appeal on cell phone search"; "Court won't hear argument over ballot substitution"; "Court to let woman sue over headscarf removal"; "Court won't hear appeal from software reseller"; "Court won't let survivors sue French railway"; and "Court won't order new trial for Tenn. professor."

And at "SCOTUSblog," Lyle Denniston has a post titled "No grants, five CVSGs."
Posted at 10:09 AM by Howard Bashman



"Supreme Court May Enter 2012 Election With Politicized Docket": Greg Stohr of Bloomberg News has this report.

Today's broadcast of NPR's "Morning Edition" contains an audio segment entitled "In New Term, Supreme Court To Tackle Divisive Issues" featuring Nina Totenberg.

And at National Review Online, law professor Jonathan H. Adler has an essay entitled "Supremely Consequential: The High Court begins a term that could be its most significant in decades."
Posted at 08:17 AM by Howard Bashman



"Indiana lawsuit may have implications for same-sex couples; A Chicago woman is seeking damages after her partner's death in an Indianapolis stage collapse; The two were in a civil union, which Indiana does not recognize": This article appears today in The Chicago Tribune.
Posted at 07:58 AM by Howard Bashman


Robert Barnes of The Washington Post is reporting: In today's newspaper, he has articles headlined "Retired Justice Stevens still issuing opinions" and "You know where to find Graham Blackman-Harris on the first Monday in October: In line."
Posted at 07:52 AM by Howard Bashman


Sunday, October 2, 2011

"Open Up High Court to Cameras": Kenneth W. Starr will have this op-ed Monday in The New York Times.
Posted at 09:22 PM by Howard Bashman


"Hot Topics Before High Court: Health-Care Law Looms Large as Justices Tackle Host of Big Issues in New Term." Jess Bravin will have this article Monday in The Wall Street Journal. You can freely access the entire article via Google News.

And in Monday's edition of The Los Angeles Times, David G. Savage will have an article headlined "Supreme Court set to open crucial term; The justices could make decisions on President Obama's healthcare law, enforcement of immigration laws and affirmative action in higher education."
Posted at 09:12 PM by Howard Bashman



"Approaching the Bench, in Search of Answers": Lincoln Caplan and Dorothy Samuels have this op-ed today in The New York Times.
Posted at 08:27 PM by Howard Bashman


"Kagan, Thomas Targeted in Hopes of Swaying Supreme Court's Health Care Ruling": FoxNews.com has this report.
Posted at 08:00 PM by Howard Bashman


"Supreme Court will hear arguments on Sullivan & Cromwell's mailroom mixup": This article will appear Monday in The Washington Post.

And The Birmingham News reports today that "Cory Maples' 'mailroom error' Death Row case gets U.S. Supreme Court hearing."
Posted at 07:58 PM by Howard Bashman



"Big cases await U.S. Supreme Court's 2011-12 term": Bill Mears of CNN.com has this report.

And CNN.com also reports that "Justices attend toned-down Red Mass."
Posted at 07:23 PM by Howard Bashman



"Conn. death row appeals not going anywhere soon": The Associated Press has this report.
Posted at 07:20 PM by Howard Bashman


"Trapped in Guantanamo": Law professor Joseph Margulies has this op-ed today in The Miami Herald.
Posted at 01:42 PM by Howard Bashman


"Obama's healthcare law tops new US high court term; Supreme Court ruling on healthcare law seen as close; Privacy rights and strip searches, police surveillance; Fewer business cases on the docket than last term": James Vicini of Reuters has this report.

Warren Richey of The Christian Science Monitor has an article headlined "US Supreme Court opens, likely to wade into health care debate; It seems inevitable that the US Supreme Court will agree to hear the legal challenge to President Obama's health care reform law, the Affordable Care Act; As the court opens Monday, gun laws, immigration, racial preferences, and separation of church and state loom as major issues as well."

Agence France-Presse reports that "Health care tops US Supreme Court docket."

And today's broadcast of NPR's "Weekend Edition Sunday" contained an audio segment entitled "Health Care Among Hot Topics Awaiting High Court" featuring Nina Totenberg.
Posted at 01:36 PM by Howard Bashman



Saturday, October 1, 2011

"In New Term, Supreme Court Shifts Focus to Crime and First Amendment": Adam Liptak will have this article Sunday in The New York Times.

And in Sunday's edition of The Washington Post, Robert Barnes will have an article headlined "Supreme Court term will include cases highlighting extent of federal power."
Posted at 10:45 PM by Howard Bashman



"Justice Stevens reveals his thoughts on 'radical' court": Bill Mears of CNN.com has this report.

And Lawrence Hurley of Greenwire has an article headlined "Stevens Ranks ESA Case Among His Favorites in Long Judicial Career" (via The New York Times).
Posted at 01:18 PM by Howard Bashman



"U.S. Tells Judge It's Appealing Ruling Allowing Alabama Immigration Law": Bloomberg News has this report.
Posted at 01:14 PM by Howard Bashman


"Health care law looms over new Supreme Court term": Mark Sherman of The Associated Press has this report.
Posted at 01:08 PM by Howard Bashman


"Legal experts: Loughner's only defense is insanity." The Associated Press has this report.
Posted at 01:07 PM by Howard Bashman






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