How Appealing

Wednesday, November 30, 2011

"The Supreme Court's Recusal Problem": This editorial will appear Thursday in The New York Times.
Posted at 11:18 PM by Howard Bashman


"Interpreting The Constitution In The Digital Era": Today's broadcast of NPR's "Fresh Air from WHYY" contained this audio segment featuring law professor Jeffrey Rosen.
Posted at 11:16 PM by Howard Bashman


"The unintended consequences of racial preferences": In Thursday's edition of The Washington Post, columnist George F. Will will have an op-ed that begins, "The Supreme Court faces a discomfiting decision. If it chooses, as it should, to hear a case concerning racial preferences in admissions at the University of Texas, the court will confront evidence of its complicity in harming the supposed beneficiaries of preferences the court has enabled and encouraged."
Posted at 11:14 PM by Howard Bashman


"Appeals Panel to Review Bid to Return Bank of America Deal to State Court": Bloomberg News has this report.

Reuters reports that "Appeal sped up over BofA $8.5 bln MBS accord."

And Alison Frankel's "On the Case" from Thomson Reuters News & Insight has a report headlined "Good news for BofA? 2d Circ. expedites $8.5 bln MBS appeal."
Posted at 11:09 PM by Howard Bashman



"Supreme Court weighs disclosure of HIV status; The high court hears the case of a San Francisco pilot whose HIV status was reported by the Social Security Administration to the FAA; But the justices seem skeptical of the damages claim": David G. Savage will have this article Thursday in The Los Angeles Times.

In Thursday's edition of The Washington Post, Robert Barnes will have an article headlined "Justices weigh whether Privacy Act violations allow for distress damages."

In Thursday's edition of USA Today, Joan Biskupic will have an article headlined "Supreme Court takes case on pilot's privacy."

And Bill Mears of CNN.com reports that "Justices debate what damages are due for privacy violation."
Posted at 11:06 PM by Howard Bashman



"Nativity Scene Comes To Life Before The Supreme Court": Hayley Miller and Mike Sacks of The Huffington Post have this report.
Posted at 10:50 PM by Howard Bashman


"Supreme Court asked to hear end-of-life case": The Toronto Globe and Mail contains this article today.
Posted at 10:42 PM by Howard Bashman


"An Intolerable Burden of Proof": This editorial appears today in The New York Times.
Posted at 10:40 PM by Howard Bashman


"Supreme Court Looks On HIV-Positive Pilot's Emotional Distress Mostly Unmoved": Mike Sacks of The Huffington Post has this report.
Posted at 06:20 PM by Howard Bashman


"New hearing for ban on guns at Alameda fairgrounds": Bob Egelko has this article today in The San Francisco Chronicle.

And today's edition of Metropolitan News-Enterprise reports that "Ninth Circuit Agrees to Second En Banc Rehearing in Gun Case; Judges to Again Consider Whether County May Ban Firearms from Fairgrounds."

My earlier coverage of Monday's Ninth Circuit order granting rehearing en banc can be accessed here.
Posted at 01:45 PM by Howard Bashman



Tuesday, November 29, 2011

"Should three key Supreme Court justices bow out of health care ruling?" Bill Mears of CNN.com has this report.
Posted at 10:30 PM by Howard Bashman


"The Certainty of Memory Has Its Day in Court": This article appears today in The New York Times.
Posted at 08:47 PM by Howard Bashman


"Komisarjevsky Trial: Both Sides Rest After 20-Day Penalty Phase; Jurors hear killer on tape describe two residential burglaries the night before Cheshire home invasion." The Hartford Courant has this news update.

And The Associated Press reports that "Both sides rest in Conn. home invasion sentencing."
Posted at 08:40 PM by Howard Bashman



"U.S. Settles Suit Over Anthrax Attacks": The New York Times has this news update.
Posted at 08:32 PM by Howard Bashman


"TV pitchman Trudeau loses appeal of $37.6 million fine": Jonathan Stempel and Terry Baynes of Reuters have this report on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today.
Posted at 08:16 PM by Howard Bashman


"Why Was an Amicus Appointed in Dorsey and Hill? (Miguel Estrada)": Michelle Olsen has this post today at her "Appellate Daily" blog.
Posted at 06:17 PM by Howard Bashman


"Federal appeals court affirms former Jefferson County Commissioner Gary White's conviction and sentence": The Birmingham News has this update.

And Terry Baynes of Reuters reports that "Court upholds bribery conviction of Jefferson County official."

Circuit Judge Ed Carnes wrote today's ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit.
Posted at 06:14 PM by Howard Bashman



"FDA to Appeal Judge's Order Blocking Graphic Cigarette-Package Warnings": Bloomberg News has this report.

The Associated Press reports that "Obama administration appeals cigarette pack ruling."

And at "The BLT: The Blog of Legal Times," Zoe Tillman has a post titled "FDA Appeals Preliminary Injunction in Graphic Cigarette Labels Case."
Posted at 06:07 PM by Howard Bashman



"Creeping informality at Supreme Court": 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 Credit Suisse Securities (USA) LLC v. Simmonds, No. 10-1261.
Posted at 05:55 PM by Howard Bashman



"9th Circuit agrees to rehear long-running Alameda County gun rights case": Howard Mintz has this article today in The San Jose Mercury News.

You can access yesterday'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 three-judge panel's most recent ruling in the case can be accessed here.
Posted at 12:55 PM by Howard Bashman



The U.S. Court of Appeals for the D.C. Circuit has redesigned its web site: You can view the redesign by clicking here.
Posted at 12:35 PM by Howard Bashman


Monday, November 28, 2011

Adam Liptak of The New York Times is reporting: In Tuesday newspaper, he will have articles headlined "Telemarketer Abuse Statute Confounds Supreme Court" and "Justices to Decide on Fairness in Drug Sentences."
Posted at 11:02 PM by Howard Bashman


"What's So Hard About Regulating Supreme Court Justices' Ethics? -- A Lot." Russell Wheeler has this essay online at The Brookings Institution.
Posted at 10:54 PM by Howard Bashman


"Supreme Court Considers Whether A Fist Is A 'Dangerous Instrument'": The Hartford Courant has this news update.
Posted at 10:44 PM by Howard Bashman


"Supreme Court may weigh in on religious services in NYC schools; U.S. Supreme Court set to announce whether it will hear the case": The New York Daily News has this update.
Posted at 10:37 PM by Howard Bashman


Warren Richey of The Christian Science Monitor is reporting: He has articles headlined "Supreme Court refuses to resolve confusion over child pornography law; Federal courts have disagreed about how to enforce a law that requires people convicted of possessing child pornography to pay restitution to the victim, even if they didn't know the victim; But the Supreme Court refused to take up the case Monday" and "Supreme Court declines to clarify gun rights question; The US Supreme Court declined on Monday to take up a potentially important gun rights case, which could have established guideposts for future gun regulations at the local, state, and national levels."
Posted at 10:30 PM by Howard Bashman


"Supreme Court TV? Nice Idea, but Still Not Likely." Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York TImes.
Posted at 10:14 PM by Howard Bashman


"Senate Confirms Judge Christopher Droney For U.S. Appeals Court; Scramble For His U.S. District Court Seat Narrowed To Four Finalists": The Hartford Courant has this news update.
Posted at 08:42 PM by Howard Bashman


"A Vindictive Decision: The Supreme Court sends a grandmother back to prison to teach the 9th Circuit a lesson." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 08:22 PM by Howard Bashman


"Gay marriage champion joins Vt. Supreme Court": The Associated Press has this report.
Posted at 06:20 PM by Howard Bashman


"Twombly, Iqbal rulings have 'substantial impact': study." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 06:15 PM by Howard Bashman


"Why Are Facebook And The Supreme Court's Conservative Justices Standing Together?" Mike Sacks of The Huffington Post has this report.
Posted at 06:14 PM by Howard Bashman


"Supreme Court asks if lawsuits require proof of harm": James Vicini of Reuters has a report that begins, "In a case pitting business against consumer groups, U.S. Supreme Court justices on Monday questioned whether individuals can sue a company over an alleged kickback scheme without showing it caused them harm."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in First American Financial Corp. v. Edwards, No. 10-708
Posted at 04:10 PM by Howard Bashman



"Justices take up mercury-storage case": Lawrence Hurley of Greenwire has this report.
Posted at 04:05 PM by Howard Bashman


"Will Supreme Court Add Another Alien Tort Statute Case to its Docket?" Richard Samp has this post today at "The Legal Pulse" blog of the Washington Legal Foundation.
Posted at 03:10 PM by Howard Bashman


Greg Stohr of Bloomberg News is reporting: He has articles headlined "Drugmaker Sales Force Overtime Clash Gets Top U.S. Court Review"; "Southern Union Gets U.S. High Court Hearing on $6 Million Fine"; and "Tessera Wins Round in Patent Case as Top Court Rebuffs Qualcomm."
Posted at 01:06 PM by Howard Bashman


"Death row inmates' desire to die renews debate; Legal experts are divided on whether a condemned prisoner who drops resistance to execution should be allowed a dignified end": Carol J. Williams had this article Saturday in The Los Angeles Times.
Posted at 10:22 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 granted review in five cases, two of which will be consolidated for a single hour of oral argument.

In early news coverage, The Associated Press reports that "Court will decide question on crack sentencing"; "Court to look at overtime pay for drug sales reps"; "High court to review fine for mercury storage"; and "Supreme Court won't hear skycaps' appeal on tips."
Posted at 10:02 AM by Howard Bashman



"Analysis: Health care and recusal politics." Lyle Denniston has this post today at "SCOTUSblog."

In the December 5, 2011 issue of New York magazine, Dahlia Lithwick has an essay entitled "Her Honor: People who think Justice Elena Kagan should recuse herself from the looming 'Obamacare' case might want to take a closer look at her first term."

And today in The Toronto Globe and Mail, columnist Neil Reynolds has an op-ed entitled "Can government make you buy health insurance?"
Posted at 08:02 AM by Howard Bashman



"Skilling's fall was nothing short of epic; As Enron's ex-CEO remains behind bars, his case still sparks debate": This article appears today in The Houston Chronicle.
Posted at 07:58 AM by Howard Bashman


"Lewis and Clark and Roberts and Alito: Montana case asks court to interpret 1805 expedition." Robert Barnes has this article today in The Washington Post.
Posted at 07:52 AM by Howard Bashman


Sunday, November 27, 2011

"For Better Government, Don't Kill All the Lawyers": Law professor Noah Feldman has this essay online at Bloomberg News.
Posted at 10:52 PM by Howard Bashman


"Bay Area couple at center of federal gay rights showdown": In Monday's edition of The San Jose Mercury News, Howard Mintz will have an article that begins, "In late August 2008, Karen Golinski and her partner of 18 years, Amy Cunninghis, gathered with family and friends in the rotunda of San Francisco's city hall and exchanged wedding vows, their young son serving as ring-bearer."
Posted at 10:50 PM by Howard Bashman


"Health-care case brings fight over which Supreme Court justices should decide it": Robert Barnes will have this article Monday in The Washington Post.
Posted at 10:42 PM by Howard Bashman


"Critics Say Budget Cuts for Courts Risk Rights": John Schwartz has this article today in The New York Times.
Posted at 09:20 AM by Howard Bashman


Saturday, November 26, 2011

"US Supreme Court to hear appeal of man accused in toddler's death who seeks to avoid retrial": This article appeared yesterday in The Arkansas Democrat-Gazette.
Posted at 11:04 AM by Howard Bashman


"Legal Education Reform": The New York Times contains this editorial today.
Posted at 11:02 AM by Howard Bashman


"End the ban on cameras in the Supreme Court": This editorial appears today in The Washington Post.
Posted at 11:00 AM by Howard Bashman


"Thomas, Kagan asked to sit out health care case": Mark Sherman of The Associated Press has this report.
Posted at 10:55 AM by Howard Bashman


Friday, November 25, 2011

"How the Justices Get What They Want": Law professor Robert W. Gordon will have this book review in the December 8, 2011 issue of The New York Review of Books.
Posted at 08:02 PM by Howard Bashman


"Holding Center rape case aims for highest court; County disputes liability over policy on prevention": Today's edition of The Buffalo News contains an article that begins, "Erie County wants the nation's highest court to hear a case in which the county was found liable for the 2002 rape of a female inmate by a deputy in the Erie County Holding Center."
Posted at 07:54 PM by Howard Bashman


"Supreme Court to decide whether lawsuits require harm": James Vicini of Reuters has a report that begins, "In a dispute pitting big business against consumer groups, the Supreme Court hears arguments Monday on whether a person has to suffer legal harm to sue a company over an alleged kickback it got."
Posted at 07:50 PM by Howard Bashman


Thursday, November 24, 2011

"The Supreme Court's unlikely friend to criminals; Conservative Justice Antonin Scalia has led the charge in reversing convictions, citing the 6th Amendment and the right to challenge witnesses; For him there are no shades of gray": David G. Savage will have this article Friday in The Los Angeles Times.
Posted at 11:12 PM by Howard Bashman


"Legal Battle Ignites Over Jesus Statue in Montana": This article will appear Friday in The New York Times.
Posted at 11:08 PM by Howard Bashman


"9 Reasons Wired Readers Should Wear Tinfoil Hats": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 11:14 AM by Howard Bashman


The fallout from the impeachment of former U.S. District Judge Judge G. Thomas Porteous, Jr. continues: A unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued this ruling yesterday.
Posted at 11:00 AM by Howard Bashman


Wednesday, November 23, 2011

"Attorney misconduct thwarts junk-fax class action": Terry Baynes of Reuters has this report on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued yesterday.
Posted at 01:45 PM by Howard Bashman


"The ostrich is a noble animal, but not a proper model for an appellate advocate." So writes Circuit Judge Richard A. Posner in an opinion that he issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit. The opinion is noteworthy, among other reasons, because it contains two full-color photographs included apparently for illustration and emphasis.

Update: Carlyn Kolker of Reuters reports that "The ostrich is a poor example for litigators, says Posner."
Posted at 01:37 PM by Howard Bashman



"Senate should confirm Caitlin Halligan to the D.C. Circuit Court": This editorial appears today in The Washington Post.

And in somewhat related news, The West Virginia Record reported yesterday that "Senate Judiciary plans to slow nomination hearings."
Posted at 10:38 AM by Howard Bashman



"Komisarjevsky Breaks With Defense Team, Objects To Video Of Daughter Being Shown In Court": The Hartford Courant has this news update.

And The Associated Press reports that "Conn. killer objects to daughter's testimony."
Posted at 10:36 AM by Howard Bashman



Tuesday, November 22, 2011

Weekend at City of Boerne's: At "The Volokh Conspiracy," Eugene Volokh has a post titled "A Pronouncing Dictionary of the Supreme Court of the United States."
Posted at 10:32 PM by Howard Bashman


"Va. appeals court overturns SC murder conviction": The Associated Press has this report on the ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 10:24 PM by Howard Bashman


"Court ruling keeps Yellowstone grizzlies on 'threatened' list": Carol Williams and Julie Cart of The Los Angeles Times have this blog post.

The Associated Press reports that "Court says Yellowstone grizzlies still threatened."

And Reuters has reports headlined "Court upholds protections for Yellowstone grizzlies" and "Court restores protection for Yellowstone grizzly bears."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 09:08 PM by Howard Bashman



"Court upholds tough standard of proof for death-row inmates": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "A divided federal appeals court on Tuesday let stand Georgia's tough burden of proof required of death-penalty defendants seeking to prove they are mentally disabled and thus ineligible for execution."

And The Associated Press reports that "11th Circuit upholds strict Ga. execution standard."

You can access today's en banc ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 08:54 PM by Howard Bashman



"Panel Rejects Many Obama Prospects for Judgeships": In Wednesday's edition of The New York Times, Charlie Savage will have an article that begins, "The American Bar Association has secretly declared a significant number of President Obama's potential judicial nominees 'not qualified,' slowing White House efforts to fill vacant judgeships -- and nearly all of the prospects given poor ratings were women or members of a minority group, according to interviews."
Posted at 05:00 PM by Howard Bashman


"'Ten Commandments judge' seeks top Ala. post again": The Associated Press has a report that begins, "The former top Alabama judge known for refusing to remove a Ten Commandments monument from the state courthouse said Tuesday that he's seeking to regain his old job as chief justice of the Alabama Supreme Court."
Posted at 01:02 PM by Howard Bashman


In an attorney disciplinary matter, a three-judge panel of the Second Circuit addresses the issue of attorney "ghostwriting" of pro se court submissions: The U.S. Court of Appeals for the Second Circuit issued this decision today.

Update: Reuters has a report headlined "Attorneys can lend a hand in pro se briefs - NY appeals court."
Posted at 11:15 AM by Howard Bashman



"Analysis: Health care's 'sleeper issue.'" Lyle Denniston has this post today at "SCOTUSblog."
Posted at 11:09 AM by Howard Bashman


"Measuring Justice Sotomayor's Liberal Bona Fides": Kedar Bhatia has this post today at his "Daily Writ" blog.
Posted at 11:08 AM by Howard Bashman


"Circuit Rejects AOL Privacy Settlement, Citing Random Beneficiaries": Ginny LaRoe of The Recorder has this report.

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 09:28 AM by Howard Bashman



"Thanksgiving and the third branch": Law professor Carl Tobias has this essay in the current issue of The National Law Journal.
Posted at 09:24 AM by Howard Bashman


"Judge questions 2d Circuit ruling on firearm possession": Reuters has a report that begins, "A Brooklyn federal judge on Monday denounced as 'utterly absurd' a 1988 appeals court ruling that under a federal firearm law, possessing a gun was the same as receiving it."
Posted at 08:47 AM by Howard Bashman


Monday, November 21, 2011

"Tucson shooting suspect appeals forced medication": The Associated Press has this report.
Posted at 10:09 PM by Howard Bashman


"Forecasting the Supreme Court Vote on 'Obamacare'": Political science professors Michael Bailey and Forrest Maltzman have this guest post at "The Monkey Cage" blog.
Posted at 04:50 PM by Howard Bashman


"Is there no limit to Congress's power?" In yesterday's edition of The Washington Post, columnist George F. Will had an op-ed that begins, "Shortly before the Supreme Court agreed to rule on the constitutionality of Obamacare's individual mandate, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit affirmed its constitutionality."
Posted at 04:20 PM by Howard Bashman


"Clarence Thomas' Questions, Part 3: The Myth of Scalia's Puppet Is Quashed As Quickly As It's Created." Mike Sacks of The Huffington Post has this report.
Posted at 03:26 PM by Howard Bashman


"We therefore conclude that the district court applied the incorrect legal standard in approving the proposed cy pres distribution and, therefore, abused its discretion." So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit today in a decision addressing challenges to a class action settlement in a case in which the plaintiffs alleged that America Online wrongfully inserted footers containing promotional messages into e-mails sent by AOL subscribers.
Posted at 02:21 PM by Howard Bashman


"Senate to take up judicial nominations after break": Reuters has this report. The article states that "The Senate will take up the nomination of U.S. District Judge Christopher Droney to be a judge on the 2nd Circuit Court of Appeals on Monday, November 28, according to a Senate schedule posted on the Senate Democrats' offical website on Friday."
Posted at 10:56 AM by Howard Bashman


"Conservative federal appeals court shifts left; Recent opinions reveal a possible liberal leaning": Sunday's edition of The Baltimore Sun contained this article.
Posted at 10:50 AM by Howard Bashman


"Defending the Brady rule: Reforms are needed to make sure prosecutors share all evidence that could be helpful to defendants." This editorial appears today in The Los Angeles Times.
Posted at 08:12 AM by Howard Bashman


"Justice for the highest bidder? Take the courts out of politics." Today's edition of The Chicago Tribune contains an editorial that begins, "During the brutal 2004 campaign in southern Illinois for a seat on the state Supreme Court, an investigator for a group of trial lawyers waited patiently outside the Okawville, Ill., campaign office of Republican candidate Lloyd Karmeier each garbage day."
Posted at 08:10 AM by Howard Bashman


"Why Won't The Supreme Court Allow TV Cameras? Our justices aren't used to being second-guessed, but it's time to demand more transparency in the highest court in the land." Adam Cohen has this essay online today at Time magazine.
Posted at 08:07 AM by Howard Bashman


"Supreme Court lawyers allowed to dress down": This article appears today in The Independent (UK).
Posted at 08:05 AM by Howard Bashman


Sunday, November 20, 2011

"Calls for recusal intensify in health care case": Joan Biskupic will have this article Monday in USA Today.
Posted at 10:40 PM by Howard Bashman


"Reneging on Justice at Guantanamo": Today's edition of The New York Times contains an editorial that begins, "In 2008, the Supreme Court ruled that Guantanamo Bay prisoners who are not American citizens have the right of habeas corpus, allowing them to challenge the legality of their detention in federal court and seek release. The power of the ruling, however, has been eviscerated by the Court of Appeals for the District of Columbia Circuit."
Posted at 08:50 PM by Howard Bashman


"The conservative case for healthcare reform's individual mandate: Would conservatives rather have government impose a financial requirement on people who choose not to buy healthcare, or have those who behave responsibly bear the financial burden of a few?" Walter Zelman has this op-ed today in The Los Angeles Times.
Posted at 08:46 PM by Howard Bashman


"Post-9/11 tradeoff: Security vs. civil liberties." David Crary of The Associated Press has this lengthy report.
Posted at 01:20 PM by Howard Bashman


"Clarence Thomas attends hometown museum dedication; source of funding for institution prompts questions": Today in The Washington Post, Robert Barnes has an article that begins, "The Clarence Thomas Interchange on Interstate 95 leads eventually to the Clarence Thomas wing of Savannah's Carnegie Library, which is near the Clarence Thomas Center for Historical Preservation at the Savannah College of Art and Design. But Saturday, the Supreme Court justice was 12 more miles down the road, past the city where he grew up and back to the sliver of a place where he was born, among the moss-draped live oaks and golden-brown marshes of Pin Point."

And today's edition of The Savannah Morning News contains an article headlined "A monumental day at Pin Point."
Posted at 08:40 AM by Howard Bashman



"Tri-state fight over water on hold while court deliberates; Atlanta lawyer says he is optimistic about final outcome of Lanier case": Today's edition of The Gainesville (Ga.) Times contains an article that begins, "Georgia's longstanding water wars with Florida and Alabama are, for the most part, at a standstill. On Nov. 10, the U.S. Supreme Court granted Alabama, Florida, the city of Apalachicola, Fla., and Alabama Power Co. an extension to file a petition for an appeal of a lower court ruling that favored Georgia."
Posted at 08:36 AM by Howard Bashman


"U.S. Supreme Court case from Cleveland may set consumer protection precedents": This article appears today in The Cleveland Plain Dealer.
Posted at 08:34 AM by Howard Bashman


"What does a Supreme Court justice do in retirement?" The Washington Post has placed online this interview with retired Justice John Paul Stevens.
Posted at 08:26 AM by Howard Bashman


"Under the U.S. Supreme Court: High court will kill healthcare reform." Michael Kirkland of UPI has this report.
Posted at 08:14 AM by Howard Bashman


"What They Don't Teach Law Students: Lawyering." Today's edition of The New York Times contains this lengthy front page article.
Posted at 08:03 AM by Howard Bashman


Saturday, November 19, 2011

"Inside Guantanamo, Detainees Live In Limbo": This audio segment appeared on today's broadcast of NPR's "Weekend Edition Saturday."
Posted at 03:58 PM by Howard Bashman


"Justice Ginsburg Speaks About Gender Equality": Ariane de Vogue of ABC News has this blog post.
Posted at 03:56 PM by Howard Bashman


Friday, November 18, 2011

"Supreme Court Invites Two Appellate Veterans to Argue in Health Care Case": Marcia Coyle has this post at "The BLT: The Blog of Legal Times."
Posted at 05:20 PM by Howard Bashman


"Judge escapes disclipline over segregated-club membership": Carlyn Kolker of Reuters has this report.

In addition, Thomson Reuters' Bankruptcy Court Decisions Weekly News & Comment has an article headlined "Judge's country club membership violated judicial conduct rules."

My most recent earlier coverage appears at this link.
Posted at 04:12 PM by Howard Bashman



"UHP association ponders how to keep crosses as memorials for troopers; It is seeking a way to keep the tributes to fallen troopers despite high court's decision": This article appeared yesterday in The Salt Lake Tribune.

Yesterday's edition of The Deseret News contained an article headlined "Disclaimers now on roadside crosses, but atheist group says it's not enough."

And The Associated Press reports that "Controversial Utah highway crosses get a makeover."
Posted at 03:36 PM by Howard Bashman



"Book preview: Finally, a biography of Judge Henry J. Friendly." Ronald Collins has this post at "SCOTUSblog."
Posted at 02:50 PM by Howard Bashman


"Exceptional Court Coverage": Today's edition of The New York Times contains an editorial that begins, "C-Span asked Chief Justice John Roberts Jr. this week to let the network televise the upcoming Supreme Court arguments in the case challenging the health care law. The justices have not permitted TV cameras in their courtroom, but this landmark case, which will affect every American, should surely be an exception to that rule."
Posted at 08:16 AM by Howard Bashman


"Storied high court: Justices bring life to oral arguments." Joan Biskupic has this article today in USA Today.
Posted at 08:14 AM by Howard Bashman


"Backers win right to fight for Prop. 8; The California Supreme Court's unanimous ruling clears the way for federal courts to decide gay marriage bans' constitutionality": Maura Dolan has this article today in The Los Angeles Times.

Today in The San Francisco Chronicle, Bob Egelko reports that "Prop. 8 forces allowed to challenge federal ruling."

The New York Times reports that "Backers of Proposition 8 Can Challenge Court Ruling."

The Washington Post reports that "Calif. Supreme Court clears way for same-sex marriage case."

Howard Mintz of The San Jose Mercury News reports that "Supreme Court rules Prop 8 supporters can defend the law."

The Sacramento Bee reports that "California Supreme Court says proponents can defend gay-marriage ban."

Warren Richey of The Christian Science Monitor has an article headlined "Ruling: Gay marriage foes can fight for Prop. 8 in federal court; California Supreme Court ruled Thursday that backers of Prop. 8 -- which banned gay marriage in the state -- can defend the measure in federal court, in lieu of state officials who declined to do so; The ruling means a major federal lawsuit proceeds."

Kate Moser of The Recorder reports that "Prop 8 Proponents Have Standing to Appeal, High Court Says."

And yesterday evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Calif. Prop 8 Supporters Can Defend Gay Marriage Ban."

My earlier coverage of yesterday's Supreme Court of California ruling appears at this link.
Posted at 08:04 AM by Howard Bashman



Thursday, November 17, 2011

"7th Circ. says MDL panel didn't abuse discretion": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today.
Posted at 10:20 PM by Howard Bashman


"Longtime Appellate Lawyer Nominated For D.C. Court of Appeals": At "The BLT: The Blog of Legal Times," Mike Scarcella has a post that begins, "Roy McLeese III, a veteran appellate attorney in Washington, was nominated Thursday to a slot on the D.C. Court of Appeals."
Posted at 10:14 PM by Howard Bashman


"Appeals court rejects request by serial downloader": Reuters has a report that begins, "A federal appeals court on Thursday rejected a music downloader's request to rehear his case after a three-judge panel reinstated a $675,000 judgment against him. The 1st Circuit Court of Appeals denied Joel Tenenbaum another opportunity to argue his case against Sony BMG Music Entertainment, this time before an expanded judicial panel."
Posted at 10:08 PM by Howard Bashman


"American Lawyer Media CEO to leave the company": Reuters has this report.

ALM's formal news release on the subject is headlined "William Pollak to Step Down as President and CEO of ALM."
Posted at 06:11 PM by Howard Bashman



Governing body on matters of federal judicial conduct holds that a judge's membership in an organization that practices invidious discrimination on the bases of race and sex violates the Code of Conduct for federal judges and constitutes misconduct under the Judicial Conduct and Disability Act: You can access today's unanimous ruling of the Committee on Judicial Conduct and Disability of the Judicial Conference of the United States at this link.

My earlier coverage of this matter appears here and here. In the more recent of those two earlier posts, I linked to the Sixth Circuit Judicial Council's decision and the opinions dissenting therefrom and the findings of fact, analysis and recommendations of the standing investigating committee of the Sixth Circuit Judicial Council.

Update: In early news coverage, Mark Sherman of The Associated Press reports that "Panel says federal bankruptcy judge in Tenn. should not be member of segregated country club."
Posted at 04:18 PM by Howard Bashman



"State high court clears way for Prop. 8 forces": Bob Egelko of The San Francisco Chronicle has this news update.

Maura Dolan of The Los Angeles Times has a blog post titled "Prop. 8 sponsors are legally entitled to defend measure, court rules."

And at "SCOTUSblog," Lyle Denniston has a post titled "Victory for Prop. 8 backers."
Posted at 01:44 PM by Howard Bashman



Access today's ruling of the Supreme Court of California in Perry v. Brown: The Court has posted the ruling online at this link. At issue in the case is whether the official proponents of an initiative measure have standing to defend the constitutionality of the measure when the public officials charged with that duty decline to do so.

California's highest court has summarized its ruling today as follows: "In a postelection challenge to a voter-approved initiative measure, the official proponents of the initiative are authorized under California law to appear and assert the state's interest in the initiative's validity and to appeal a judgment invalidating the measure when the public officials who ordinarily defend the measure or appeal such a judgment decline to do so."

The court's ruling was by a unanimous vote of 7-to-0.

In early news coverage, The Associated Press reports that "Court says backers can defend gay marriage measure."
Posted at 01:01 PM by Howard Bashman



"Justice Breyer urges checking presidential power": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 12:52 PM by Howard Bashman


"Appeals Court Examines First-Ever Narco-Terrorism Conviction": At "The BLT: The Blog of Legal Times," Mike Scarcella has a post that begins, "A lawyer representing the first person ever convicted for violating narco-terrorism laws told a federal appeals court in Washington today that the evidence in the case was insufficient to support the charges."
Posted at 12:50 PM by Howard Bashman


"Judge Posner on School Law and 'Spoiled Kids'": Earlier this week at the "School Law" blog of Education Week, Mark Walsh had a post that begins, "A prominent federal appeals court judge said in a recent speech that courts should defer more to school administrators, and that students today are 'spoiled and coddled' and should 'learn to roll with the punches' and not be hypersensitive about political or religious messages in schools they might find offensive."
Posted at 10:27 AM by Howard Bashman


"Dershowitz Donates Papers to His College": Today's edition of The Harvard Crimson contains an article that begins, "Starting Monday researchers could access over a million papers belonging to Harvard Law Professor Alan M. Dershowitz. But not at Harvard. He donated his papers to Brooklyn College because he credits his success to his undergraduate experience there."
Posted at 08:32 AM by Howard Bashman


"In Alabama, Calls for Revamping Immigration Law": This article appears today in The New York Times.
Posted at 08:30 AM by Howard Bashman


"Retired Supreme Court judge to head New Zealand inquiry": In today's edition of The Toronto Globe and Mail, Kirk Makin has an article that begins, "Just days after retiring from the Supreme Court of Canada, Ian Binnie has disproved the adage that old judges simply fade away by landing a high-profile appointment from the New Zealand government."

And in Tuesday's newspaper, Makin had an article headlined "Humility, humour mark day as new judges sworn in."
Posted at 08:26 AM by Howard Bashman



"Ruling ordering better VA mental health treatment is withdrawn; The decision by a three-judge panel will be reconsidered by the full 9th Circuit Court of Appeals; The case was brought by activists who alleged systemic failure to treat psychological injuries": Carol J. Williams has this article today in The Los Angeles Times.

And today in The San Francisco Chronicle, Bob Egelko reports that "Appeals court to rehear case on overhaul of VA."

My earlier coverage of yesterday's Ninth Circuit order granting rehearing en banc can be accessed here.
Posted at 08:24 AM by Howard Bashman



"Former high court justice defends unpopular decision": Today's edition of The Tuscaloosa News contains an article that begins, "Former Supreme Court Justice John Paul Stevens could have talked about career highlights and popular opinions in his nearly 35 years serving on the U.S. Supreme Court."

And The Crimson White reports today that "Former U.S. Justice speaks to Law School about time on bench."
Posted at 08:20 AM by Howard Bashman



"Reasonable Expectations": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 08:00 AM by Howard Bashman


Wednesday, November 16, 2011

"The Supreme Court Weighs the Implications of Big Data": Massimo Calabresi has this essay online at Time magazine.
Posted at 10:34 PM by Howard Bashman


"Missouri Supreme Court upholds tough rules for adult businesses": The Kansas City Star today contains an article that begins, "Missouri's tough restrictions on adult entertainment will soon spread across the country, anti-pornography activists predicted Tuesday, now that the state's Supreme Court has decided the stronger rules are constitutional."

You can access yesterday's ruling of the Supreme Court of Missouri at this link.
Posted at 10:32 PM by Howard Bashman



"Ariz. Gov. Brewer wants Supreme Court ruling on immigration law": The Washington Times has this news update.
Posted at 10:30 PM by Howard Bashman


"Supreme Court's planned review of health-care law shocks Medicaid advocates": This article will appear Thursday in The Washington Post.
Posted at 10:27 PM by Howard Bashman


"Appeals court will revisit order to overhaul VA": The Associated Press has this report on an order granting rehearing en banc that the U.S. Court of Appeals for the Ninth Circuit issued today.

My earlier coverage of the divided three-judge panel's ruling in the case can be accessed here.
Posted at 09:12 PM by Howard Bashman



"The Broccoli Test": Law professor Einer Elhauge has this op-ed today in The New York Times.
Posted at 08:42 PM by Howard Bashman


"The Cover-Up Artist: Why is the CEO of Merck leading the sex-abuse investigation at Penn State?" Snigdha Prakash, author of the book "All the Justice Money Can Buy: Corporate Greed on Trial," has this essay online at Slate.
Posted at 08:33 PM by Howard Bashman


"Musing About Recusing: Why calls for Elena Kagan to recuse herself from the Obamacare case are ridiculous." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:24 PM by Howard Bashman


"HLS Professor Offers Look Into President Obama the Student": The Harvard Crimson contains this article today.
Posted at 05:04 PM by Howard Bashman


"Facing ethics trial, 'Taj Mahal' judge says he's resigning": The St. Petersburg Times has a news update that begins, "Unable to negotiate a penalty short of being removed from office, 1st District Court Judge Paul M. Hawkes is resigning from the court to avoid facing a trial before the Judicial Qualifications Commission."

And The Associated Press reports that "Judge involved in courthouse construction resigns."
Posted at 05:02 PM by Howard Bashman



"Prop. 8 backers: Trial videos would be misused." Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 05:00 PM by Howard Bashman


"California Supreme Court to decide Proposition 8 issue Thursday": Howard Mintz of The San Jose Mercury News has this update.

Maura Dolan of The Los Angeles Times has a blog post titled "State justices to rule on Prop. 8 backers' legal standing."

And at "SCOTUSblog," Lyle Denniston has a post titled "Ruling due on Prop. 8."

According to this Notice of Forthcoming Filings, the Supreme Court of California will post its ruling online at 1 p.m. eastern time tomorrow.
Posted at 04:50 PM by Howard Bashman



"Stevens on the Cost of Upholding the Health Care Law": Jess Bravin has this post at WSJ.com's "Law Blog."
Posted at 03:52 PM by Howard Bashman


"Bruno faces new trial, conviction vacated; Ruling paves way for a new trial for 82-year-old Republican": The Times Union of Albany, New York has this news update.

The Buffalo News has an update headlined "Corruption conviction of Bruno overturned."

The Associated Press reports that "NY Federal Appeals Court Permits Bruno Retrial."

Reuters reports that "Appeals court tosses Bruno conviction, but allows new charges."

And Bloomberg News reports that "Former New York Senate Leader Bruno's Conviction Is Thrown Out on Appeal."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 02:23 PM by Howard Bashman



"Analysis: Why a health care law, anyway?" Lyle Denniston has this post at "SCOTUSblog."

And Reuters lists "SCOTUS's lengthiest oral arguments ever."
Posted at 02:20 PM by Howard Bashman



"U.S. Supreme Court justice Samuel Alito to Rutgers law students: 'Judging is a craft.'" This article appears today in The Newark (N.J.) Star-Ledger.
Posted at 02:15 PM by Howard Bashman


"Supreme Court to hear in vitro case; If reproductive technology allows a child to be conceived after a father's death, can the child claim Social Security survivor's benefits? Justices will decide a mother's case." David G. Savage had this article yesterday in The Los Angeles Times.
Posted at 02:03 PM by Howard Bashman


Tuesday, November 15, 2011

"Insurance Mandate May Be Health Bill's Undoing": Sheryl Gay Stolberg will have this news analysis Wednesday in The New York Times.

And David G. Savage of The Los Angeles Times has a news update headlined "C-SPAN seeks to air Supreme Court healthcare arguments."
Posted at 10:36 PM by Howard Bashman



"King County judge named to state Supreme Court": The Seattle Times has a news update that begins, "Gov. Christine Gregoire named King County Superior Court Judge Steven Gonzalez to the state Supreme Court on Tuesday, replacing retiring Justice Gerry Alexander."
Posted at 10:07 PM by Howard Bashman


"Plea for TV of health care hearings": At "SCOTUSblog," Lyle Denniston has a post that begins, "Against very long odds, the C-SPAN network on Tuesday asked the Supreme Court to allow live television coverage of the oral arguments that are to be held in March on the constitutionality of the new federal health care law. "

C-SPAN has posted online at this link the letter that its Chairman and CEO sent today to the Justices of the U.S. Supreme Court.

Update: In other coverage, The Associated Press has a report headlined "C-SPAN: Put high court health care arguments on TV."
Posted at 05:22 PM by Howard Bashman



"Court: Cell phones not OK to use at red light." Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A driver who stops at a red light is 'driving' and is still prohibited from using a handheld cell phone, a state appeals court ruled Monday in upholding a $103 fine against a Richmond motorist."

Bay City News reports that "Court Says Using Hand-Held Cellphone At Red Light Violates State Law."

Kate Moser of The Recorder has an article headlined "Appeal Court: Texting at Red Lights a No-Go."

And at the "California Appellate Report" blog, law professor Shaun Martin begins his post about the case by writing that "This is the most important opinion in the history of California appellate jurisprudence."

You can access yesterday's ruling of the California Court of Appeal for the First Appellate District, Division Two, at this link.
Posted at 04:30 PM by Howard Bashman



"Medical Nuances Drove 'No' Vote in Mississippi": Today's edition of The New York Times contains this article about the "personhood" initiative.
Posted at 03:08 PM by Howard Bashman


"Justices unlikely to have last word on health care": The Associated Press has this report.
Posted at 02:07 PM by Howard Bashman


Second Circuit upholds $1.40 attorney's fee award pursuant to Prison Litigation Reform Act: In January 2006, I had a post titled "So you think your hourly rate is low?" that began, "When a prisoner recovers $1 in damages on a federal civil rights claim, the Prison Litigation Reform Act limits the maximum available attorney's fee award to $1.50, the en banc U.S. Court of Appeals for the Tenth Circuit [has] ruled ...."

Today, the U.S. Court of Appeals for the Second Circuit issued a ruling that reached the same result. Indeed, the attorney's fee that the Second Circuit upheld today is not even as generous as the law would have allowed, given that the appellate court has upheld the district court's ten-cent reduction to produce an attorney's fee award of just $1.40.

In February 2006, an installment of my law.com "On Appeal" column discussing the Tenth Circuit's en banc ruling was headlined "Minimum Wage: The $1.50 Attorney Fee."
Posted at 11:28 AM by Howard Bashman



"Whatever Court Rules, Major Changes in Health Care Likely to Last": This front page article appears today in The New York Times. The newspaper also contains an editorial entitled "Health Reform and the Supreme Court."

In today's edition of The Los Angeles Times, David G. Savage reports that "Supreme Court puts healthcare law in campaign spotlight; A ruling could come just as the presidential campaign shifts into full swing; 'Probably no court case in modern times would have the impact this would,' a strategist says." James Oliphant reports that "Scalia and Thomas dine with healthcare law challengers as court takes case." And law professor Erwin Chemerinsky has an op-ed entitled "Will partisanship shape the healthcare ruling? The Supreme Court has agreed to decide the constitutionality of the individual mandate; But will the judges see the issue in terms of legal precedent or partisanship?"

Greg Stohr of Bloomberg News has an article headlined "Obama-Roberts Legacies Shaped by Health Ruling." And Margaret Talev and Julianna Goldman report that "Obama Defends Health-Care Law U.S. Supreme Court Will Consider."

Jesse J. Holland and Mark Sherman of The Associated Press have an article headlined "Supreme Court: Pre-election health care showdown."

The Boston Globe reports that "Court to hear election-year health care law challenge; Justices to consider if initiative's mandate is constitutional."

The News & Advance of Lynchburg, Virginia reports that "LU health care lawsuit not taken up by Supreme Court."

The Palm Beach Post reports that "U.S. Supreme Court to hear Florida challenge to health care law."

The Washington Post reports that "Florida's push for specific waiver in health-care law could have big implications."

Wednesday's edition of The Australian reports that "Barack Obama's health deal off to court."

Yesterday evening's broadcast of "The PBS NewsHour" contained a segment entitled "Health Reform Law to Face Constitutional Test in Supreme Court."

The Wall Street Journal contains an editorial entitled "ObamaCare Goes to Court: A historic showdown on the constitutional limits of federal power."

Online at Slate, Simon Lazarus and Dahlia Lithwick have a jurisprudence essay entitled "The Medicaid Ambush: The Supreme Court's unexpected and astounding reasons for wanting to hear a challenge to Obamacare."

Online at The New Yorker, Jeffrey Toobin has a blog post titled "Power in the Court."

Online at The Nation, George Zornick has an essay entitled "Will Clarence Thomas Recuse Himself From Obamacare Case?"

And online at Mother Jones, Stephanie Mencimer has an essay entitled "How Pot Could Save Obamacare."
Posted at 09:44 AM by Howard Bashman



"Tribal Court holds case on campus": Today's edition of The Yale Daily News contains an article that begins, "In a rare appearance outside its reservation in New Mexico and Arizona, the Supreme Court of the Navajo Nation came to Yale to meet with students and hear a case on campus Monday evening."
Posted at 08:54 AM by Howard Bashman


"Palfrey Leaves HLS for Andover": This article appears today in The Harvard Crimson.
Posted at 08:50 AM by Howard Bashman


"TV could boost Supreme Court's ratings": Former U.S. Senator Arlen Specter has this op-ed today in The Philadelphia Inquirer.
Posted at 08:40 AM by Howard Bashman


Monday, November 14, 2011

"Video of Paul Clement and Laurence Tribe Debating Obamacare Now Online": You can access the video at this link (via "FedSoc Blog").
Posted at 06:24 PM by Howard Bashman


Reuters is reporting: Now available online are articles headlined "Supreme Court to hear in vitro fertilization benefits" and "U.S. Supreme Court to hear Indianapolis tax case."
Posted at 05:54 PM by Howard Bashman


"Supreme Court Sets Historic Showdown For Health Law": This audio segment featuring Nina Totenberg and Julie Rovner appeared on this evening's broadcast of NPR's "All Things Considered."

And Warren Richey of The Christian Science Monitor has an article headlined "Both Dems, GOP pleased: Supreme Court taking up Obama health-care law; The announcement from the US Supreme Court about considering the health-care law was greeted across the ideological spectrum as a positive development -- but for different reasons."
Posted at 05:44 PM by Howard Bashman



"Obama faces re-election hurdle as health reforms go before supreme court; Court expected to reach decision on whether healthcare reform bill is constitutional just five months before election day": The Guardian (UK) has this news update.
Posted at 04:20 PM by Howard Bashman


"Court announcement raises recusal questions for Kagan, Thomas": The Washington Times has this news update.

And online at The Washington Post, Charles Lane has an essay entitled "The time is not right for Supreme Court to review health-care law."
Posted at 03:46 PM by Howard Bashman



Lyle Denniston is reporting: At "SCOTUSblog," he has posts titled "The Court's agenda on health care" and "The other granted cases."
Posted at 03:34 PM by Howard Bashman


"Scenarios: What Supreme Court ruling could mean for healthcare." Anna Yukhananov and Lisa Lambert of Reuters have this report.

And The Telegraph (UK) has a news update headlined "US Supreme Court to hear challenge to Barack Obama's health care reform; The United States Supreme Court is to hear a challenge to President Barack Obama's signature health care reform and deliver its ruling at the height of next year's White House campaign."
Posted at 03:24 PM by Howard Bashman



"Law Professor Takes Aim at Friend-of-Court Filings": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 03:04 PM by Howard Bashman


"Obama Health Care Law Reaches Supreme Court, With Over Five Hours Of Oral Argument Planned": Mike Sacks of The Huffington Post has this report.
Posted at 01:32 PM by Howard Bashman


"Supreme Court agrees to settle fight over Obama health-care law; The Obama health-care law hangs in the balance, as the Supreme Court opts to hear challenges to its constitutionality; But the case is also about the power of Congress and the role of Supreme Court precedent": Warren Richey of The Christian Science Monitor has this report.

The Washington Times has a news update headlined "Supreme Court will hear health care case."

At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Supreme Court Sets Broad Review of Health Care Law."

And Politico.com has a report headlined "Five health reform fights SCOTUS won't settle."
Posted at 12:14 PM by Howard Bashman



"Court Declines Review of School Vaccine, Religious-Flier Cases": Mark Walsh has this post at the "School Law" blog of Education Week.
Posted at 11:07 AM by Howard Bashman


"A decade on, U.S. terrorism tribunals are bogged down": Reuters has this report.
Posted at 11:04 AM by Howard Bashman


"Supreme Court to Hear Case Challenging Health Law": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court to hear challenge to Obama's health-care overhaul."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court to review Obama healthcare law ahead of election."

Joan Biskupic of USA Today has a news update headlined "Supreme Court to hear dispute on health care law."

And Michael Doyle and David Lightman of McClatchy Newspapers report that "Supreme Court will consider health care law challenge in 2012."
Posted at 10:45 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 granted review today in a total of five cases, three of which involve challenges to the Patient Protection and Affordable Care Act.

In early news coverage, Jesse J. Holland of The Associated Press reports that "Supreme Court will hear health care case this term."

Greg Stohr of Bloomberg News reports that "Obama's Health-Care Overhaul Law Will Be Reviewed by U.S. Supreme Court."

James Vicini of Reuters reports that "Supreme Court agrees to hear Obama healthcare law."

Bill Mears of CNN.com reports that "Supreme Court takes up challenge to health care reform law."

Ariane de Vogue of ABC News reports that "Supreme Court Will Rule This Year on Health Reform Law."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court sets 5 1/2-hour hearing on health care."
Posted at 10:01 AM by Howard Bashman



"Major win for U.S. on detainees": Lyle Denniston has this post at "SCOTUSblog."

And this weekend at the "Lawfare" blog, Benjamin Wittes had posts titled "Thoughts on Latif #4 -- A Fuller Analysis" and "Thoughts on Latif #5 -- Of En Bancs and Cert Grants."

My earlier coverage of the redacted ruling that the D.C. Circuit made public last week can be accessed here.
Posted at 08:27 AM by Howard Bashman



"The Urgent Need to Fill The Current D.C. Circuit Vacancies": Law professor Carl Tobias has this essay online at Justia's Verdict.
Posted at 08:17 AM by Howard Bashman


"License plates, not bullhorns": Today's edition of The Times Union of Albany, New York contains an editorial that begins, "The Children First Foundation has an adorable, crayon-drawn license plate and a worthy cause: encouraging people to adopt children. But it also has a loaded anti-abortion catchphrase -- Choose Life -- that may be fine for a bumper sticker but is inappropriate for a government-issued license plate."
Posted at 08:16 AM by Howard Bashman


"The Drone Threat to Privacy: In a world in which nearly anyone can purchase a device capable of photographing locations behind walls, gates and fences, will anyone be able to keep a secret?" John Villasenor has this article online at Scientific American.

And in the current issue of Time magazine, Adam Cohen has an essay entitled "Big Brother Wants to Track Your Car: Can the Supreme Court protect us from GPS surveillance?"
Posted at 08:04 AM by Howard Bashman



"A buoyed healthcare law reaches Supreme Court; Justices are expected to announce as soon as Monday that they will hear a challenge to President Obama's landmark legislation, which bears the surprising approval of prominent conservative judges": David G. Savage and Noam N. Levey have this article today in The Los Angeles Times.
Posted at 07:55 AM by Howard Bashman


"Felons Finding It Easy to Get Gun Rights Reinstated": This article appears today in The New York Times.
Posted at 07:52 AM by Howard Bashman


Sunday, November 13, 2011

"Health Law Puts Focus on Limits of Federal Power": Adam Liptak will have this article Monday in The New York Times.

And Michael Doyle and David Lightman of McClatchy Newspapers report that "Supreme Court prepares to take on health care law challenges."
Posted at 10:38 PM by Howard Bashman



"Who gets to judge political truth?" Today in The Washington Post, columnist George F. Will has an op-ed that begins, "The Stolen Valor Act of 2005, a compound of political pandering and moral exhibitionism, was whooped through the Senate, a.k.a. the 'world's greatest deliberative body,' by unanimous consent; the House, joining the stampede, passed it by a voice vote. So Xavier Alvarez now hopes the Supreme Court will save him from punishment for lying. And his is not the only case arising from government supervising speech that is demonstrably, or arguably, inaccurate."
Posted at 09:27 PM by Howard Bashman


"The Supreme Court has a chance to keep Big Brother at bay": Law professor David Cole has this op-ed today in The Washington Post.

Also today in The Washington Post, law professor Jonathan Turley has an op-ed entitled "Supreme Court's GPS case asks: How much privacy do we expect?"

And online at the Harvard Political Review, Alex McLeese has an essay entitled "The Court, Privacy, and GPS Tracking."
Posted at 09:20 PM by Howard Bashman



"What does Supreme Court decision on Social Security mean for health-care act?" Robert Barnes will have this article Monday in The Washington Post.

And from Bloomberg News, law professor Noah Feldman has an op-ed entitled "Conservative Health-Care Split Offers Supreme Court a Path."
Posted at 09:00 PM by Howard Bashman



"Under the U.S. Supreme Court: Unveiling secret corporate political money." Michael Kirkland of UPI has this report.
Posted at 08:52 PM by Howard Bashman


"Despite title, Supreme Court not always last word": Mark Sherman of The Associated Press has this report.
Posted at 08:32 PM by Howard Bashman


Saturday, November 12, 2011

"Affirmation of Health Care Reform": Today's edition of The New York Times contains an editorial that begins, "A federal appeals court in the District of Columbia endorsed the constitutionality of health care reform this week in an opinion as notable for its authorship as for its legal reasoning."

Online at The New Republic, Bruce Brown has an essay entitled "How Conservative Judges Just Provided the Most Authoritative Legal Defense of Obamacare."

And Tom Curry of MSNBC.com has a blog post titled "The Supreme Court and health reform: A guide."
Posted at 11:54 AM by Howard Bashman



"Split Definitive: For the first time in a century, the Supreme Court is divided solely by political party." Lawrence Baum and Neal Devins have this jurisprudence essay online at Slate.
Posted at 11:46 AM by Howard Bashman


"Justice Stevens on His 'Most Unpopular Opinion'": Jess Bravin has this article today in The Wall Street Journal. You can freely access the full text of the article via Google News.
Posted at 11:35 AM by Howard Bashman


Friday, November 11, 2011

"Court sides with Davidson College police": The News & Observer of Raleigh, North Carolina contains an article today that begins, "The case of a woman accused of driving drunk on streets near Davidson College sparked a state Supreme Court ruling Thursday that helps define the power of campus police forces at educational institutions with religious affiliations."

The Burlington (N.C.) Times-News reports today that "State Supreme Court upholds Davidson College arrest powers."

DavidsonNews.net reports that "N.C. Supreme Court upholds college's police powers."

And The Chronicle of Higher Education reports that "N.C. Supreme Court Upholds Police Authority at Religious Colleges."

You can access yesterday's ruling of the Supreme Court of North Carolina at this link.
Posted at 08:25 AM by Howard Bashman



"Christie slams N.J. Supreme Court for fast-tracking challenge to judges' health-benefits law": The Newark Star-Ledger contains this article today.
Posted at 08:11 AM by Howard Bashman


"Ex-Gitmo prosecutor suing over firing after op-eds": The Associated Press has this report on an appeal argued yesterday before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit.
Posted at 08:02 AM by Howard Bashman


"Google files Fed. Circuit appeal of ruling on damning email": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 07:58 AM by Howard Bashman


"Appeals court upholds Kansas inmate savings accounts": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Tenth Circuit issued yesterday.
Posted at 07:54 AM by Howard Bashman


Thursday, November 10, 2011

"Govt urges justices to say out of immigration case": The Associated Press has a report that begins, "The Justice Department is urging the Supreme Court to stay out of a dispute over Arizona's immigration law, saying that lower courts properly blocked tough provisions targeting illegal immigrants."
Posted at 09:02 PM by Howard Bashman


"D.C. Lawyer Nominated To Federal Circuit Bench": At "The BLT: The Blog of Legal Times," Mike Scarcella has a post that begins, "Richard Taranto, a name partner at the Washington firm Farr & Taranto, was nominated Thursday evening to a slot on the U.S. Court of Appeals for the Federal Circuit."

The news release that the White House has issued is headlined "President Obama Nominates Richard Gary Taranto to Serve on the US Court of Appeals."
Posted at 08:52 PM by Howard Bashman



"Fumo resentenced to 61 months": The Philadelphia Inquirer has this news update.

And The Associated Press reports that "Ex-Pa. state senator re-sentenced to 61 months."
Posted at 05:00 PM by Howard Bashman



"S.F., wireless group to appeal trimmed cellular law": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 02:44 PM by Howard Bashman


"Senate panel OKs repeal of Defense of Marriage Act": The Associated Press has a report that begins, " The Senate Judiciary Committee voted Thursday to repeal a federal law defining marriage as a union between a man and a woman, but the legislation lacks vote for passage in either House."

And at "The BLT: The Blog of Legal Times," Andrew Ramonas has a post titled "DOMA Repeal Clears Senate Judiciary Committee."
Posted at 02:26 PM by Howard Bashman



"Feds ask court to overturn Katrina flood ruling": The Associated Press has a report that begins, "The Army Corps of Engineers isn't liable for property owners' claims that its shoddy work on a shipping channel caused billions of dollars in damage from Hurricane Katrina's storm surge in greater New Orleans, a government lawyer argued Wednesday in a bid to overturn a federal judge's landmark ruling."

You can access the audio of yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit via this link (60.1MB Windows Media audio file).
Posted at 10:40 AM by Howard Bashman



"Nixon's long-secret Watergate testimony coming out": The Associated Press has this report.

Update: You can access the documents made public today via this link.
Posted at 10:33 AM by Howard Bashman



"Westboro Baptist Church to come to Penn State": This article appears today in The Daily Collegian, the student newspaper of Penn State University.
Posted at 10:17 AM by Howard Bashman


"Justice Blocks and Predictability of U.S. Supreme Court Votes": Roger Guimera and Marta Sales-Pardo have published this new study in the November 9, 2011 issue of the online journal PLoS ONE.
Posted at 08:50 AM by Howard Bashman


"Supreme Court health care reform path could be set Thursday": Politico.com has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Health care: Now, it's the Court's turn."
Posted at 08:40 AM by Howard Bashman



"Democrats push repeal of Defense of Marriage Act": The Associated Press has this report.
Posted at 08:35 AM by Howard Bashman


"Alleged al Qaida bomber emerges from CIA shadows, waves": Carol Rosenberg of The Miami Herald has an article today that begins, "A reputed al Qaida chieftain emerged from the shadows of CIA confinement and interrogation Wednesday to face death-penalty charges as the alleged engineer of the 2000 USS Cole bombing, and got a minimum one-year delay until his murder and terror trial date."

Charlie Savage of The New York Times reports today that "Accused Al-Qaeda Leader Is Arraigned in U.S.S. Cole Bombing."

The Washington Post reports that "Alleged USS Cole bombing mastermind Nashiri is arraigned."

The Los Angeles Times reports that "Suspect in Cole bombing appears in Guantanamo court; Abd al Rahim al Nashiri's arraignment marks the start of a case that will test Obama administration rules aimed at making military tribunals more transparent."

Warren Richey of The Christian Science Monitor has an article headlined "USS Cole bombing: Defense grills judge as suspect is arraigned in Cuba; Suspected Al Qaeda operative Abdal Rahim al-Nashiri, the alleged mastermind of the suicide boat attack on the USS Cole in 2000, appeared before a military judge at Guantanamo to face war crimes charges."

At Politico.com, Josh Gerstein reports that "Alleged USS Cole conspirator Abd Al-Rahim Al-Nashiri declines to enter plea."

And today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "USS Cole Attack Suspect Appears In Military Court."
Posted at 08:34 AM by Howard Bashman



"Edward DuMont asks Obama to withdraw his nomination to Federal Circuit": Sheri Qualters of The National Law Journal has an article (registration required) that begins, "Edward DuMont, an appellate litigation partner at Wilmer Cutler Pickering Hale and Dorr, has sent a letter to President Barack Obama asking him to withdraw his nomination to the U.S. Court of Appeals for the Federal Circuit." You can access the nominee's letter at this link.
Posted at 08:25 AM by Howard Bashman


"Justices Likely to Overturn California Law Against Slaughtering 'Downer' Animals": Adam Liptak has this article today in The New York Times.

And today in The San Francisco Chronicle, Bob Egelko reports that "Supreme Court favors federal slaughterhouse laws."
Posted at 08:20 AM by Howard Bashman



Wednesday, November 9, 2011

"Supreme Court, Help! My Mini-Bar Is Spying Without Warrants." David Kravets has this post at Wired.com's "Threat Level" blog.

And at "The Volokh Conspiracy," Orin Kerr has a post titled "The Two Questions of Jones, and the Potential Difficulty of Identifying the Proper Voting Rule."
Posted at 09:12 PM by Howard Bashman



"Latif: A Very Big Deal." This evening at the "Lawfare" blog, Benjamin Wittes has this post about a previously secret opinion that the U.S. Court of Appeals for the D.C. Circuit made public today in redacted form.
Posted at 08:54 PM by Howard Bashman


"Supreme Court seems ready to block California law that requires euthanization of 'downer' livestock": Robert Barnes will have this article Thursday in The Washington Post.

The Press-Enterprise of Riverside, California has a news update headlined "Slaughter law with Inland roots challenged."

Michael Doyle of McClatchy Newspapers reports that "Supreme Court skeptical of California's slaughterhouse rule."

Bill Mears of CNN.com reports that "Livestock treatment debated at Supreme Court."

And Greg Stohr and Stephanie Armour of Bloomberg News report that "California Slaughterhouse Law May Be Voided by U.S. Supreme Court."
Posted at 08:46 PM by Howard Bashman



"May It Please the Court: Why this week's decision upholding Obamacare may carry extra weight at the Supreme Court." Simon Lazarus has this jurisprudence essay online at Slate.

And Ariane de Vogue of ABC News has a blog post titled "Judge Calls Pre-2014 Ruling on Health Care Mandate Premature."
Posted at 08:30 PM by Howard Bashman



"Daimler Loses Bid for Review of Argentine Kidnapping, Torture Case Ruling": Bloomberg News has a report that begins, "Daimler AG lost its bid for further review of a U.S. court ruling that it must face claims that its Argentine Mercedes-Benz unit collaborated with state security forces to kill and torture workers in the so-called Dirty War."

A total of eight Ninth Circuit judges joined in an opinion dissenting from that court's denial of rehearing en banc today.

My earlier coverage of the three-judge panel's ruling appears at this link.
Posted at 03:58 PM by Howard Bashman



"Court likely to overturn Calif. law on livestock": The Associated Press has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in National Meat Assn. v. Harris, No. 10-224.
Posted at 02:18 PM by Howard Bashman



"USS Cole case arraignment a new Guantanamo chapter": The Associated Press has a report that begins, "A Saudi considered among the most senior figures in al-Qaida emerged Wednesday from nine years of secret confinement to face charges of orchestrating the deadly attack on the USS Cole in the start of a new round of Guantanamo Bay war crimes tribunals under a president who vowed to halt them."
Posted at 02:14 PM by Howard Bashman


"Alleged al Qaida bomber engaged at war court debut": Carol Rosenberg of The Miami Herald has a news update that begins, "An alleged al Qaida chieftain facing a death-penalty trial was brought before an Army judge at Camp Justice on Wednesday, his first ever court date nine years after CIA agents captured him in the Arabian Gulf region and spirited him off to waterboarding and other secret interrogation techniques." Earlier, Rosenberg had related articles headlined "Guantanamo: the most expensive prison on earth; The cost to house a captive at Guantanamo Bay is $800,000 per year, far in excess of other federal or state lockups" and "Judge opens remote war court viewing site to 'general public.'"

Charlie Savage of The New York Times has a news update headlined "Accused Al-Qaeda Leader is Arraigned in U.S.S. Cole Bombing."

The Los Angeles Times reports today that "Cole bombing suspect's Guantanamo trial to begin; The military tribunal proceeding is a no-win situation for Abd al Rahim al Nashiri; It also highlights a continuing legal and ethical dilemma for the Obama administration."

Reuters reports that "Guantanamo hearing to be beamed to U.S. viewing sites."

And today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Guantanamo Trial Opens With A Series Of Firsts."
Posted at 11:20 AM by Howard Bashman



"High court weighs hearing arguments on health-care law": Joan Biskupic has this article today in USA Today.

Today in The New York Times, John Schwartz reports that "Health Law Survives Test in Court of Appeals."

The Washington Post reports that "Appeals court upholds health-care law."

Warren Richey of The Christian Science Monitor has an article headlined "Health care in court: Obama leading 3-1, but it ain't over 'til it's over; A federal appeals court panel in Washinton, D.C., upholds the constitutionality of Obama's health-care reforms, the third to do so; The Supreme Court is scheduled to consider on Thursday whether to take up one or more challenges to the law."

At "SCOTUSblog," Lyle Denniston has a post titled "Big boost for health care."

And online at The Atlantic, law professor Garrett Epps has an essay entitled "A Conservative Icon Upholds the Affordable Health Care Act."
Posted at 11:11 AM by Howard Bashman



"Personhood rejected; Supporter vows to continue fight": This article appears today in The Clarion-Ledger of Jackson, Mississippi.

The New York Times reports today that "Mississippi Voters Reject Anti-Abortion Measure."

The Los Angeles Times reports that "Mississippi voters reject controversial 'personhood' initiative."

The Associated Press reports that "'Personhood' effort still alive after Miss. defeat."

Reuters reports that "Mississippi voters reject anti-abortion measure."

Bloomberg News reports that "Mississippi Voters Reject 'Personhood' Ballot Cutting Off Abortion Access."

And today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Mississippi Voters Reject 'Personhood' Measure."
Posted at 10:40 AM by Howard Bashman



"U.S. Supreme Court justices question handling of evidence by Orleans Parish prosecutors": Bruce Alpert has this article today in The Times-Picayune of New Orleans.

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: Disaster at the lectern."
Posted at 10:28 AM by Howard Bashman



"Democrats, Republicans win judicial races": This article appears today in The Philadelphia Inquirer.
Posted at 09:57 AM by Howard Bashman


Tuesday, November 8, 2011

"Miss. defeats life at conception ballot initiative": The Associated Press has this report.
Posted at 11:00 PM by Howard Bashman


"Court Casts a Wary Eye on Tracking by GPS": Adam Liptak will have this article Wednesday in The New York Times.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court worries that new technology creates '1984' scenarios."

In Wednesday's edition of The Wall Street Journal, Jess Bravin will have an article headlined "Use of GPS to Monitor Suspects Debated at High Court."

Warren Richey of The Christian Science Monitor has an article headlined "At the Supreme Court: Is GPS tracking of suspects too Orwellian? Supreme Court on Tuesday considered whether police must get a warrant before attaching a GPS tracking device to a suspect's car; The justices' posed questions that echo the Orwell novel '1984.'"

Mike Sacks of The Huffington Post has an article headlined "GPS Tracking: Supreme Court Debates Privacy Limits On Police."

On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "Justices Invoke '1984' During GPS Case Arguments."

This evening's broadcast of "The PBS NewsHour" contained a segment entitled "Supreme Court Hears Landmark GPS Tracking Case."

Online at The Atlantic, law professor Garrett Epps has an essay entitled "Justice Roberts: Could the Government Track My Car?"

And online at Slate, Dahlia Lithwick has a Supreme Court dispatch entitled "Which Way Privacy? The Supreme Court asks whether the government can put a GPS device on your car without a warrant."
Posted at 10:58 PM by Howard Bashman



"Justices Rebuke a New Orleans Prosecutor": Adam Liptak will have this article Wednesday in The New York Times.
Posted at 10:08 PM by Howard Bashman


"U.S. Supreme Court rejects Phila. murderer's appeal": Nathan Gorenstein of The Philadelphia Inquirer has this news update.
Posted at 10:06 PM by Howard Bashman


"U.S. prosecutors oppose paying Clemens mistrial fees": James Vicini of Reuters has this report.

Update: And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Prosecutors: Clemens' Defense Team Not Entitled To Legal Fees."
Posted at 04:20 PM by Howard Bashman



"In a surprise, D.C. appeals court upholds healthcare law": The Los Angeles Times has this news update.

The Washington Times has a news update headlined "Appeals court upholds Obama's health care law."

And Ariane de Vogue of ABC News has a blog post titled "Big Victory for Obama Administration on Health Care Today."
Posted at 04:13 PM by Howard Bashman



"Supreme Court expresses doubts about police GPS use": Joan Biskupic of USA Today has this news update.

Greg Stohr of Bloomberg News reports that "Police Use of Global-Positioning Devices Questioned by U.S. Supreme Court."

James Vicini of Reuters reports that "Supreme Court seems troubled by police GPS tracking."

Bill Mears of CNN.com reports that "Justices to decide police use of GPS devices on suspects' cars."

At Wired.com's "Threat Level" blog, David Kravets has a post titled "Supreme Court Sees Shades of 1984 in Unchecked GPS Tracking."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: For GPS, get a warrant."
Posted at 03:12 PM by Howard Bashman



"Court seems ready to overturn La. conviction": 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 Smith v. Cain, No. 10-8145.
Posted at 02:03 PM by Howard Bashman



"Obama's Health-Care Law Requiring Insurance Upheld by Appeals Court Panel": Bloomberg News has this report.

And Reuters reports that "U.S. appeals court backs Obama healthcare law."

My earlier coverage of today's D.C. Circuit ruling appears at this link.
Posted at 01:50 PM by Howard Bashman



By a vote of 99-to-0, the U.S. Senate has confirmed the nomination of Evan J. Wallach to serve on the U.S. Court of Appeals for the Federal Circuit: You can access the official roll call vote tally at this link.
Posted at 01:46 PM by Howard Bashman


"Supreme Court questions warrantless GPS tracking": Mark Sherman of The Associated Press has this updated report.

Update: At "The Volokh Conspiracy," Orin Kerr has a post titled "Reflections on the Oral Argument in United States v. Jones, the GPS Fourth Amendment Case."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in United States v. Jones, No. 10-1259.
Posted at 11:42 AM by Howard Bashman



"Appeals court upholds Obama health care law": The Associated Press has a report that begins, "A conservative-leaning panel of federal appellate judges is upholding President Barack Obama's health care law as constitutional, helping set up a Supreme Court fight."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.

Senior Circuit Judge Laurence H. Silberman issued the majority opinion, in which Senior Circuit Judge Harry T. Edwards joined. The majority opinion concludes:

That a direct requirement for most Americans to purchase any product or service seems an intrusive exercise of legislative power surely explains why Congress has not used this authority before--but that seems to us a political judgment rather than a recognition of constitutional limitations. It certainly is an encroachment on individual liberty, but it is no more so than a command that restaurants or hotels are obliged to serve all customers regardless of race, that gravely ill individuals cannot use a substance their doctors described as the only effective palliative for excruciating pain, or that a farmer cannot grow enough wheat to support his own family. The right to be free from federal regulation is not absolute, and yields to the imperative that Congress be free to forge national solutions to national problems, no matter how local--or seemingly passive--their individual origins.

Circuit Judge Brett M. Kavanaugh dissented, explaining that "my analysis leads me decisively to the conclusion that we lack jurisdiction because of the Anti-Injunction Act."
Posted at 11:25 AM by Howard Bashman



Access online today's opinion of the U,S, Supreme Court in an argued case: Justice Antonin Scalia delivered the opinion for a unanimous Court in Greene v. Fisher, No. 10-637. You can access the oral argument in the case via this link.

In early news coverage, The Associated Press reports that "Court upholds conviction in Pa. murder case."
Posted at 10:02 AM by Howard Bashman



"Three Trials for Murder: In the name of justice, did the military sidestep double jeopardy?" In the November 14, 2011 issue of The New Yorker, Nicholas Schmidle has this very interesting article (subscription required for full access).
Posted at 08:30 AM by Howard Bashman


"Revival of Lawsuit Over Expulsion Sparks Harsh Dissent": Mark Walsh had this post yesterday at the "School Law" blog of Education Week.

My earlier coverage of the dissent from last week's Fifth Circuit denial of rehearing en banc can be accessed here.
Posted at 08:24 AM by Howard Bashman



"Supreme Court to weigh juveniles' life sentences without parole; In two cases involving 14-year-olds convicted in homicides, the justices could further bolster the Constitution's ban on cruel and unusual punishment": David G. Savage has this article today in The Los Angeles Times.

And at the "School Law" blog of Education Week, Mark Walsh has a post titled "High Court to Weigh Life Sentences for Juvenile Murderers."
Posted at 08:20 AM by Howard Bashman



"Summum refiles lawsuit against Pleasant Grove": Yesterday's edition of The Daily Herald of Provo, Utah contained this article.

And The Associated Press reports that "Utah religious group sues to display monument."
Posted at 08:17 AM by Howard Bashman



"Florida antiabortion group wants its own 'personhood' amendment, faces long odds": This article appears today in The St. Petersburg Times.
Posted at 08:14 AM by Howard Bashman


"Supreme Court confronts a trove of constitutional questions in case involving passport law": Robert Barnes has this article today in The Washington Post.
Posted at 07:56 AM by Howard Bashman


"Same-sex parents birth certificate case argued; Judge to rule later on rights later": This article appears today in The Des Moines Register.
Posted at 07:54 AM by Howard Bashman


"Supreme Court looks at warrantless GPS tracking": Mark Sherman of The Associated Press has this report.

On today's broadcast of NPR's "Morning Edition," Nina Totenberg has an audio segment entitled "Do Police Need Warrants For GPS Tracking Devices?"

And at Wired.com's "Threat Level" blog, Kim Zetter has a post titled "Busted! Two New Fed GPS Trackers Found on SUV."
Posted at 07:50 AM by Howard Bashman



"U.S. Supreme Court restores death penalty in local slaying; Panel's ruling in 'buried alive' case overturned": Jim Provance has this article today in The Toledo Blade.
Posted at 07:46 AM by Howard Bashman


Monday, November 7, 2011

"Supreme Court to hear case on downed livestock": Michael Doyle of McClatchy Newspapers has this report.
Posted at 10:32 PM by Howard Bashman


"Justices Will Hear 2 Cases of Life Sentences for Youths": Adam Liptak will have this article Tuesday in The New York Times.

Greg Stohr of Bloomberg News reports that "Life Sentences for Juveniles Will Be Subject to U.S. Supreme Court Review."

And James Vicini of Reuters reports that "Supreme Court to decide juveniles' life sentence."
Posted at 10:28 PM by Howard Bashman



"Dispute Over Jerusalem Engages Court": Adam Liptak will have this article Tuesday in The New York Times.

In Tuesday's edition of USA Today, Joan Biskupic will have an article headlined "Supreme Court wrestles with sticky Jerusalem passport case."

Warren Richey of The Christian Science Monitor has an article headlined "How wrangle over Jerusalem is at the core of a US Supreme Court showdown; Did Congress overstep its authority when it instructed US officials to list 'Israel' as the place of birth for Americans born in Jerusalem? Supreme Court justices heard arguments Monday."

Greg Stohr of Bloomberg News reports that "Passport Clash Over Jerusalem at High Court May Shape Foreign Policy Power."

James Vicini of Reuters reports that "Supreme Court skeptical in Israel passport case."

Mike Sacks of The Huffington Post has an article headlined "Defining Jerusalem: Israel-Palestine Conflict Comes To The Supreme Court."

At "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: Who controls foreign policy?"

On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "Can Passports List 'Jerusalem, Israel' As Birthplace?"

And online at Slate, Dahlia Lithwick has a Supreme Court dispatch entitled "Passport Originalism: How the status of Jerusalem got dragged into a critical Supreme Court case about separation of powers."
Posted at 10:22 PM by Howard Bashman



"Big Tobacco, graphic packaging, and the First Amendment": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 06:03 PM by Howard Bashman


"Was race a factor in Texas death sentence? Supreme Court declines case; Two justices said the Supreme Court should have taken the case of Duane Buck, who was convicted of two murders; But three blamed his defense lawyers for introducing race into the trial." Warren Richey of The Christian Science Monitor has this report.

And Mike Sacks of The Huffington Post has an article headlined "Supreme Court Punts Death Penalty Case: Sotomayor, Alito Square Off On Decision Not To Hear Argument."
Posted at 06:00 PM by Howard Bashman



"Justices Breyer and Souter reminisce on law school and High Court experience": Harvard Law School issued this news release last Friday.
Posted at 05:42 PM by Howard Bashman


"Diehl-Armstrong appeals conviction in Erie 'pizza bomber' case": The Erie Times-News has this update.

And The Associated Press reports that "Pa. woman appeals federal collar bomb conviction."
Posted at 05:40 PM by Howard Bashman



"How some foul-mouthed celebrities have helped EPA's reg push": Lawrence Hurley of Greenwire has this report.
Posted at 05:04 PM by Howard Bashman


"Appeals court stays Skinner execution": The Houston Chronicle has a news update that begins, "The Texas Court of Criminal Appeals today stayed Wednesday's execution of Henry Skinner, pending resolution of an appeal filed to gain DNA testing of clothing, weapons and biological samples collected at the scene of a 1993 Pampa triple killing."

And The Associated Press reports that "Texas court puts off execution due to legal change."
Posted at 04:56 PM by Howard Bashman



"Appeals court rejects lawsuit by former McAfee general counsel": Howard Mintz of The San Jose Mercury News has this update reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 04:44 PM by Howard Bashman


The Green Bag Almanac & Reader announces its "Exemplary Legal Writing 2011 Nominees": You can view the list of nominees at this link. As the list reveals, the saying that it's an honor simply to be nominated carries special resonance for me this year.
Posted at 03:14 PM by Howard Bashman


"Appeals court to rehear Armenian genocide claim": The Associated Press has this report on an order granting rehearing en banc that the U.S. Court of Appeals for the Ninth Circuit issued today.

The case already had an unusual procedural history, in that the same three-judge panel issued two contradictory rulings on the merits of the case. The judge who dissented when the panel issued its first opinion went on to write the panel's second majority opinion, with the author of the original majority opinion then writing in dissent.
Posted at 02:08 PM by Howard Bashman



"Federal judge blocks graphic cigarette labels": Reuters has this report on an opinion and order that the U.S. District Court for the District of Columbia issued today.

And in other coverage, Bloomberg News reports that "Cigarette Warnings Blocked by U.S. Court."
Posted at 01:45 PM by Howard Bashman



"Justices hear case of American born in Jerusalem": Mark Sherman of The Associated Press has a report that begins, "The Supreme Court seems unlikely to rule for a 9-year-old boy who was born in Jerusalem and wants his U.S. passport to list his place of birth as Israel."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Zivotofsky v. Clinton, No. 10-699.
Posted at 01:42 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 three new cases, two of which will be argued together. The Court also requested the views of the Solicitor General in one case.

In addition, the Court issued two unanimous per curiam opinions. The Court's first per curiam opinion issued in KPMG LLP v. Cocchi, No.10-1521 The Court's second per curiam opinion issued in Bobby v. Dixon, No. 10-1540.

The Court's denial of certiorari in Buck v. Thaler, No. 11-6391, produced two opinions. Justice Samuel A. Alito, Jr. issued a statement respecting the denial of certiorari in which Justices Antonin Scalia and Stephen G. Breyer joined. And Justice Sonia Sotomayor issued a dissent from the denial of certiorari, in which Justice Elena Kagan joined.

In early news coverage, The Associated Press has reports headlined "Court to look at life in prison for juveniles"; "Court refuses to hear Texas death case"; "Court throws out decision reversing death sentence"; "Court: Fla. must weigh arbitration in Madoff case"; and "Court won't hear 'Ghost Hunters' appeal."

And at "SCOTUSblog," Lyle Denniston has a post titled "New review on youths' punishment."
Posted at 10:12 AM by Howard Bashman



"Jerusalem or Israel? U.S. passport case is a constitutional tangle; The Supreme Court takes up a seemingly simple dispute that raises thorny questions about the powers of the president and Congress." David G. Savage has this article today in The Los Angeles Times.

Mark Sherman of The Associated Press reports that "Justices hear case of American born in Jerusalem."

And on today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment entitled "Court Weighs President's Power To Recognize Nations."
Posted at 09:04 AM by Howard Bashman



"Abortion referendum in Mississippi would redefine 'personhood'; A ballot measure expected to pass in Mississippi this week would define "personhood" as beginning at the moment of fertilization or cloning; Abortion rights groups are fighting the measure, which could end up in the US Supreme Court": The Christian Science Monitor has this report.

And Politico.com has an article headlined "Poll: 'Personhood' a toss-up in Miss."
Posted at 09:00 AM by Howard Bashman



"Exhibit A in 4th Amendment privacy cases: technology; Fourth Amendment rulings since 1967 have significantly limited what people can expect to keep private; This shift has accelerated as technology such as smartphones and GPS have emerged." Carol J. Williams has this article today in The Los Angeles Times.

Greg Stohr of Bloomberg News reports that "Police GPS Device Use Triggers Privacy Clash at U.S. High Court."

And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Feds Seek Unfettered GPS Surveillance Power as Location-Tracking Flourishes."
Posted at 08:55 AM by Howard Bashman



Sunday, November 6, 2011

"Court hears challenge to assisted-suicide law": In Monday's edition of The Atlanta Journal-Constitution, Bill Rankin and Jeffry Scott will have an article that begins, "Georgia's highest court on Monday will hear a challenge that seeks to strike down the state's assisted-suicide law, passed by the Legislature almost two decades ago to punish people like the late Jack Kevorkian who helped people kill themselves."
Posted at 10:38 PM by Howard Bashman


"Justices Weigh Privacy vs. GPS Bugs": Jess Bravin will have this article Monday in The Wall Street Journal.

You can freely access the full text of the article via Google News.
Posted at 10:32 PM by Howard Bashman



"California Supreme Court tackles workplace break rules": Howard Mintz will have this article Monday in The San Jose Mercury News.
Posted at 10:27 PM by Howard Bashman


"O'Connor breaks ground again, this time as a former Supreme Court justice": Robert Barnes will have this article Monday in The Washington Post.
Posted at 10:24 PM by Howard Bashman


"State voters get say on judges' retirement age": Jim Provance has this article today in The Toledo Blade.
Posted at 01:23 PM by Howard Bashman


"U.S. Supreme Court to decide where Jewish boy was born": Harriet Robbins Ost of United Press International has this report.
Posted at 01:16 PM by Howard Bashman


Michael Kirkland of UPI is reporting: Today, he has articles headlined "Thomas spanks court on religious displays" and "Plea bargains, through a glass darkly."
Posted at 01:12 PM by Howard Bashman


"U.S. Supreme Court to consider claim that evidence was withheld in 1995 quintuple murder case": John Simerman of The Times-Picayune of New Orleans has this news update.

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument preview: The Court and the D.A. -- again."
Posted at 01:10 PM by Howard Bashman



Saturday, November 5, 2011

"Argument preview: High-tech policing." Lyle Denniston has this post today at "SCOTUSblog."

And Sunday's edition of The New York Times will contain an editorial entitled "The Court's GPS Test."
Posted at 09:02 PM by Howard Bashman



"States' grandparent visitation laws raise concern": The Associated Press has this report.
Posted at 09:00 PM by Howard Bashman


"Edging Toward Equality": Today's edition of The New York Times contains an editorial that begins, "On Thursday, the Senate Judiciary Committee began consideration of a measure that would repeal the Defense of Marriage Act, the deplorable 1996 law that bars federal recognition of same-sex marriages and denies lawfully married same-sex couples benefits granted other married couples, including Social Security survivor payments and unpaid leave to care for a seriously ill spouse."
Posted at 01:47 PM by Howard Bashman


Dahlia Lithwick reviews "Five Chiefs: A Supreme Court Memoir," by retired Justice John Paul Stevens: You can access the book review, which will appear in Sunday's edition of The Washington Post, at this link.
Posted at 01:42 PM by Howard Bashman


"9th U.S. Circuit Court of Appeals says Portland judge wrongly dismissed Lukus Glenn family lawsuit against Washington County": This article appears today in The Oregonian. In addition, columnist Steve Duin has an essay entitled "The Ninth Circuit decision: Finally, a small step down the road to justice for Lukus Glenn."

And The Beaverton Valley Times reports that "Appeals court sends Lukus Glenn wrongful death case back to trial; Ninth Circuit ruling says questions about use of deadly force should be presented to a jury."

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 01:37 PM by Howard Bashman



"Pursuing a Piracy Claim Against Apple": John Schwartz has this article today in The New York Times.
Posted at 01:30 PM by Howard Bashman


Friday, November 4, 2011

"Antiabortion movement hoping for electoral victory in Miss." Saturday's edition of The Washington Post will contain this article.

And Saturday's edition of The Los Angeles Times will contain an article headlined "Mississippi attempts to define the start of personhood; A state initiative would ban all abortions; But opponents of the ballot measure say it would also ban many birth control pills and hamper popular infertility treatments, claims proponents are calling 'scare tactics.'"
Posted at 11:54 PM by Howard Bashman



"Life Sentence for Possession of Child Pornography Spurs Debate Over Severity": This article will appear Saturday in The New York Times.
Posted at 11:50 PM by Howard Bashman


"Showdown over Los Angeles courthouse in Congress": Reuters has this report.
Posted at 05:24 PM by Howard Bashman


Now tell us how you really feel! On occasion, this blog will draw attention to particularly forceful or passionate dissenting opinions. Fifth Circuit Judge Jerry E. Smith issued one such dissent, from a denial of rehearing en banc, on Wednesday of this week. The order denying rehearing en banc and Judge Smith's dissent therefrom were posted to the Fifth Circuit's web site yesterday.

Judge Smith's dissenting opinion begins, "This case was lawyered poorly on both sides, but never mind: In an exercise of raw advocacy for one party over another, this panel has come to the rescue of Morgan Swindle, who was properly kicked out of school after smoking dope, at the expense of Superintendent Randy Pope, who did nothing wrong but is now personally on the line for money damages."

And the dissenting opinion concludes some 15 pages later, "The panel opinion is a shameless exercise in appellate advocacy on behalf of an undeserving party at the expense of a well-intentioned school official who has done no wrong. I respectfully dissent from the denial of rehearing en banc."

As for those who would accuse the Fifth Circuit of sometimes taking too long to decide a case, Judge Smith unquestionably agrees, writing in footnote two of his dissent: "The panel, without explanation, took more than two years after oral argument to issue its opinion. That is a disservice to the litigants and to the fair administration of justice."

According to the order denying rehearing en banc, a total of five judges voted in favor of full court review, which is particularly noteworthy given that the losing side's attorneys, to again quote Judge Smith's dissent, "made the error of requesting only panel rehearing, making it less likely that the matter would attract the full attention of the en banc court."

You can access the original three-judge panel's ruling at this link.
Posted at 04:05 PM by Howard Bashman



"Police GPS tracking case to be heard by Supreme Court": James Vicini of Reuters has this report.
Posted at 03:50 PM by Howard Bashman


"Supreme Court Justice opens up to law school on the stability of statutes": The GW Hatchet has a blog post that begins, "Associate Supreme Court Justice Antonin Scalia highlighted the importance of impartiality and consistency in judicial decision-making during the kickoff to a two-day GW Law School symposium at the Jack Morton Auditorium Thursday."
Posted at 02:11 PM by Howard Bashman


"The standoff lasted 4 minutes, but the questions go on and on: The police shooting of Lukus Glenn, 18, has both loved ones and authorities trying to find answers." This article appeared in the September 24, 2006 issue of The Oregonian.

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit reversed a federal district court's entry of summary judgment against the mother's lawsuit alleging a state law wrongful death claim and a federal civil rights claim for excessive force under the Fourth Amendment. You can access today's ruling at this link.

The Oregonian has collected some of its earlier coverage of the shooting and the events leading up to the lawsuit at this link.
Posted at 02:08 PM by Howard Bashman



"Court Casts Doubt on Race-Conscious Student Assignment Plan": At the "School Law" blog of Education Week, Mark Walsh has this post on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued yesterday.
Posted at 10:14 AM by Howard Bashman


"Preview: Justices to debate passports and presidential power." Bill Mears of CNN.com has this report.

Update: And at "SCOTUSblog," Lyle Denniston has a post titled "Argument preview: No Mideast peace over this."
Posted at 08:37 AM by Howard Bashman



"Verdict on courthouse name is near; Rep. Higgins, judges back high court's Robert Jackson for honor over two others": The Buffalo News contains this article today.
Posted at 08:35 AM by Howard Bashman


"Federal courthouse plan in L.A. meets opposition; A Republican congressman from California's Central Valley has introduced a bill to sell the vacant site for $25 million; State Democrats are trying to save the long-awaited project": This article appears today in The Los Angeles Times.
Posted at 08:32 AM by Howard Bashman


"State executions to remain on hold another year": Bob Egelko has this article today in The San Francisco Chronicle.

In today's edition of The Los Angeles Times, Carol J. Williams reports that "California lethal injections on hold for another year; Lawyers for the state and for death row prisoners agree to report to a judge on new lethal injection procedures by Sept. 15, 2012."

And Howard Mintz of The San Jose Mercury News reports that "No California executions in 2012 as legal battle over lethal injection continues."
Posted at 08:14 AM by Howard Bashman



Thursday, November 3, 2011

"Feds Drop Plan to Lie in Public-Record Act Requests": At Wired.com's "Threat Level" blog, David Kravets has a post that begins, "Bowing to political pressure, the Justice Department abruptly dropped proposed revisions to Freedom of Information Act rules Thursday that would have authorized the government to inform the public that requested records do not exist even if they do."
Posted at 10:16 PM by Howard Bashman


"An interview with Justice Stevens": "SCOTUSblog" has this post.
Posted at 10:00 PM by Howard Bashman


"When the supreme court won't hear: Despite commendable openness, we still don't know how and why the court decides to decline to hear two-thirds of applications." Robert Hazell and Graham Gee have this op-ed today in The Guardian (UK).
Posted at 09:30 PM by Howard Bashman


"Justice Ginsburg: A clean bill of health." Joan Biskupic of USA Today has this blog post.
Posted at 09:22 PM by Howard Bashman


"Occupy Supreme Court: Could it happen? Protests and demonstrations, such as the Occupy movement, are banned on the plaza in front of the Supreme Court -- even though the high court is the institution overseeing the First Amendment." The Christian Science Monitor has this report.
Posted at 09:14 PM by Howard Bashman


"Strip-Search Lawyers Air Dirty Linen; Team Feuded Over Appealing Case to High Court, Endangering Lucrative Legal Niche": In Friday's edition of The Wall Street Journal, Jess Bravin will have an article that begins, "A Supreme Court case testing whether jails can strip-search every arrestee has provoked a bitter clash between two headstrong lawyers--on the same side."

You can freely access the full text of the article via Google News.
Posted at 09:08 PM by Howard Bashman



"Judges who will hear arguments on GHG rules have history with global warming": Lawrence Hurley of Greenwire has an article that begins, "The three [D.C. Circuit] judges who will assess the legality of U.S. EPA rules aimed at regulating greenhouse gas emissions have a history when it comes to climate change."
Posted at 04:28 PM by Howard Bashman


"Insurers Seek to Avoid 'Worst of All Worlds' in Health-Care Case": Greg Stohr of Bloomberg News has this report.
Posted at 04:25 PM by Howard Bashman


"Schools ask high court review of 2 student online-speech cases": David L. Hudson Jr. has this news analysis online today at the First Amendment Center.

Earlier this week, at the "School Law" blog of Education Week, Mark Walsh had a post titled "Justices Decline Student Internet Speech Case, Others Await."

And at Wired.com's "Threat Level" blog, Mark Kravets had a post earlier this week titled "Supreme Court Plays Hooky, Leaves Student Online Free Speech Rights Murky."
Posted at 02:22 PM by Howard Bashman



"Castille says Family Court probe stays private": Today's edition of The Philadelphia Inquirer contains an article that begins, "When a Family Court deal blew up last year, after the payment of millions in fees, Supreme Court Chief Justice Ronald D. Castille hired an investigative consultant and pledged a 'full public accounting' of what went wrong. But now, Castille's lawyer says there will be no report released to the public. Instead, the findings of Chadwick Associates, paid $780,540 so far, will be used to support a lawsuit seeking to recover the lost public money."
Posted at 02:16 PM by Howard Bashman


"Hearing Her Story: Women Judges speak from the bench." Pepperdine Magazine has posted this article online.

You can access at this link the audio of a discussion described as follows: "School of Law dean Deanell Reece Tacha shares memories from the bench with fellow judges Carolyn Dineen King, Dorothy W. Nelson, and Rosemary Barkett in an exclusive interview for Pepperdine Magazine, conducted by Shelley Saxer, professor of law and director of Pepperdine's Byrne Judicial Clerkship Institute."
Posted at 01:10 PM by Howard Bashman



"Canada court ends US bid for terror suspect": The Associated Press has a report that begins, "A Canadian indicted in the U.S. on charges he supplied al-Qaida with weapons in Pakistan will not be extradited to the United States after Canada's Supreme Court said it wouldn't hear the case."

And Reuters reports that "Canada high court blocks Khadr extradition to U.S."
Posted at 11:26 AM by Howard Bashman



"Wis. chief justice says court drama is in past": Legal Newsline has this report.
Posted at 11:20 AM by Howard Bashman


"Not Following the 'Leader'": At the "Opinionator" blog of The New York Times, Linda Greenhouse has a post that begins, "Almost everywhere I've traveled this fall, people have asked me whether it's true that Justice Clarence Thomas is the real, if under-appreciated, intellectual leader of the Supreme Court."
Posted at 11:17 AM by Howard Bashman


"Same-sex marriage: GOP cites pro-gay psychologist." In today's edition of The San Francisco Chronicle, Bob Egelko has an article that begins, "House Republicans defending the federal ban on marital benefits for same-sex couples in a San Francisco court have cited findings by a pro-gay-rights psychologist to support their view that gays and lesbians are not entitled to strong judicial protection from discrimination. But in a sworn declaration this week, psychologist Lisa Diamond said the Republican brief distorted her research on changes in a person's sexual identification and turned her conclusions upside down."
Posted at 08:40 AM by Howard Bashman


"3rd Circuit Throws Out 'Wardrobe Malfunction' Fine Against CBS, Again": Gina Passarella has this article today in The Legal Intelligencer.

At "SCOTUSblog," Lyle Denniston has a post titled "'Wardrobe malfunction' -- Act II."

And Mark Kernes of AVN News reports that "3rd Circuit Finds In Favor of Janet Jackson's Tit; Ruling may affect arguments in the upcoming Supreme Court case of Fox Broadcasting v. FCC."

My earlier coverage of yesterday's Third Circuit ruling appears at this link.
Posted at 08:37 AM by Howard Bashman



"Obama nominates Arizona justice to U.S. appeals court; Arizona Supreme Court Justice Andrew D. Hurwitz is among four nominees to the U.S. 9th Circuit Court of Appeals facing Senate confirmation": Carol J. Williams has this article today in The Los Angeles Times.

The State Press of Arizona State University reports that "Obama nominates ASU law professor to appeals court."

And Ginny LaRoe of The Recorder reports that "Obama Nominates Arizona Justice for 9th Circuit Slot."
Posted at 08:32 AM by Howard Bashman



"Candidates for Pa. judgeships court Commonwealth voters": Emilie Lounsberry has this article today in The Philadelphia Inquirer.
Posted at 08:27 AM by Howard Bashman


"Justice Stevens' memoir: Modest tone but pointed critiques." Joan Biskupic of USA Today has this book review.
Posted at 08:24 AM by Howard Bashman


Wednesday, November 2, 2011

"Copyright Troll Righthaven Teetering on the Brink": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 08:40 PM by Howard Bashman


"Supreme Court considers role of eyewitness testimony; A defense lawyer asks the justices to establish a stronger legal rule to screen out potentially unreliable testimony before trial, but the high court seems reluctant": David G. Savage of The Los Angeles Times has this news update.

Joan Biskupic of USA Today has a news update headlined "Supreme Court examines reliability of eyewitness testimony."

And online at Slate, Dahlia Lithwick has a Supreme Court dispatch entitled "See No Evil: Eyewitness testimony may be unreliable, but the Supreme Court doesn't want to be the one to say so."
Posted at 08:22 PM by Howard Bashman



"Obama nominates Arizona Supreme Court Justice Hurwitz for 9th US Circuit Court of Appeals": The Associated Press has this report.

The White House today issued a news release headlined "President Obama Nominates Justice Andrew David Hurwitz to Serve on the United States Court of Appeals."

And the Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued a news release headlined "Arizona Justice Andrew D. Hurwitz Nominated to Ninth Circuit Court of Appeals."

You can access the nominee's online biography at this link.
Posted at 08:07 PM by Howard Bashman



"Top court hears eyewitness identification case": James Vicini of Reuters has this report.

Bill Mears of CNN.com reports that "Justices examine eyewitness identification."

And Warren Richey of The Christian Science Monitor has an article headlined "No need for new eye witness rule, Supreme Court justices suggest at hearing; The Supreme Court heard oral arguments on whether judges need to intervene to prevent testimony from unreliable witnesses at criminal trials; The justices indicated that existing safeguards in the justice system are adequate."

Update: Mike Sacks of The Huffington Post reports that "Supreme Court Looks At Unreliable Eyewitness IDs And Appears To Blink."
Posted at 05:00 PM by Howard Bashman



"Supreme Court Looks Again at Methods of D.A.'s Office in Louisiana": Campbell Robertson and Adam Liptak will have this article Thursday in The New York Times.
Posted at 03:00 PM by Howard Bashman


"Appeals court urged to make workings more transparent": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "The 11th U.S. Circuit Court of Appeals often hears cases of interest and consequence, yet it is the only federal appeals court in the nation that does not publish its hearing calendar online."
Posted at 02:58 PM by Howard Bashman


"Court takes up case on eyewitness identification": Mark Sherman of The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Eyewitnesses discredited? Hardly."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Perry v. New Hampshire, No. 10-8974.
Posted at 02:10 PM by Howard Bashman



"Clarence Thomas: Court needs to 'clean up our mess.'" David L. Hudson Jr. has this essay online at the First Amendment Center.
Posted at 01:58 PM by Howard Bashman


"Appeals court to hear arguments in Bald Knob Cross suit today": This article appears today in The Southeast Missourian of Cape Girardeau.

According to today's oral argument list available via the Seventh Circuit's web site, the three-judge panel assigned to hear and decide the case consists of Chief Judge Frank H. Easterbrook and Circuit Judges Richard A. Posner and Diane P. Wood.

An early report on this morning's oral argument from The Associated Press begins, "Judges on a Chicago federal appeals court say even if a giant cross in southern Illinois is a religious symbol, that doesn't mean the state legislature was wrong to fund part of it."

Update: You can access the audio of today's Seventh Circuit oral argument via this link (5.71MB mp3 audio file).
Posted at 01:33 PM by Howard Bashman



"Appeals panel sides with CBS over Super Bowl fine": The Associated Press has a report that begins, "A federal appeals court on Wednesday upheld its finding that the Federal Communications Commissions acted improperly in fining CBS over the fleeting exposure of Janet Jackson's breast during the 2004 Super Bowl halftime show."

Bloomberg News reports that "CBS Ruling on Janet Jackson's Super Bowl Exposure Upheld by Appeals Court."

And Reuters reports that "CBS wins Janet Jackson wardrobe malfunction ruling."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 01:03 PM by Howard Bashman



"Lawsuit raises the Ricci spectre": Today's edition of The Yale Daily News contains an article that begins, "Only a few months after the finalization of a settlement to a New Haven firefighter-filed lawsuit that reached the Supreme Court, the same department is causing another legal headache for the city."
Posted at 11:57 AM by Howard Bashman


"Woman gets 10 years in courthouse bombing": Today in The San Diego Union-Tribune, Greg Moran has an article that begins, "The woman who admitted setting off a powerful pipe bomb in front of the federal courthouse in downtown San Diego more than three years ago was sentenced to 10 years in prison."
Posted at 10:34 AM by Howard Bashman


"Should eye witnesses have to pass a test? Supreme Court to decide; The Supreme Court hears arguments Wednesday on whether testimony from unreliable witnesses should be barred from criminal trials, or whether the trial process itself makes clear if testimony is reliable." Warren Richey of The Christian Science Monitor has this report.
Posted at 10:14 AM by Howard Bashman


"Ramos defends anti-animal cruelty law": The Press-Enterprise of Riverside, California today contains an article that begins, "San Bernardino County District Attorney Mike Ramos came out Tuesday in defense of a California law at the center of an upcoming U.S. Supreme Court case, describing the challenge to the statute banning the slaughter of certain animals as a potential threat to state authority."
Posted at 09:05 AM by Howard Bashman


"Durham to retire from Oregon Supreme Court; It will be the first time in almost 25 years that two seats will be decided by election": This article appears today in The Statesman Journal of Salem, Oregon.
Posted at 09:02 AM by Howard Bashman


"Health law ruling could be political earthquake": Politico.com has this report.
Posted at 09:00 AM by Howard Bashman


"Alabama AG expects U.S. Supreme Court showdown over immigration law": The Birmingham News contains this article today.
Posted at 08:57 AM by Howard Bashman


"Castille sues lawyer, firm over Family Court deal": Today's edition of The Philadelphia Inquirer contains an article that begins, "Pennsylvania's chief justice sued his once-trusted attorney and a prominent Philadelphia law firm Tuesday, saying he was misled into paying millions in unnecessary fees for the Family Court building project."
Posted at 07:54 AM by Howard Bashman


Tuesday, November 1, 2011

"High court case on GPS surveillance could break new ground": Joan Biskupic will have this article Wednesday in USA Today.
Posted at 10:46 PM by Howard Bashman


"Supreme Court vs. 9th Circuit: Roberts Defends Scalia's Honor As Justices Ready To Reverse Case." Mike Sacks of The Huffington Post has this report.
Posted at 06:08 PM by Howard Bashman


"October is banner month for judge confirmations": Reuters has a report that begins, "The Senate last month confirmed 15 nominees to the federal bench, the busiest month so far this year."
Posted at 06:07 PM by Howard Bashman


"Court upholds convictions of 5 in Fla. terror plot": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 05:20 PM by Howard Bashman


"You Call That a Trial? A Costly Superior Court Waiver Ruling." The April 2011 installment of my "Upon Further Review" column published by The Legal Intelligencer, Pennsylvania's daily newspaper for lawyers, reporting on the Pa. Superior Court's ruling in Newman Development Group of Pottstown LLC v. Genuardi's Family Market Inc.

Today, the Supreme Court of Pennsylvania issued an order granting allowance of appeal in the case.
Posted at 04:32 PM by Howard Bashman



"Kerry asks Congress to pay alleged Bulger victims": The AP has a report that begins, "Sen. John Kerry of Massachusetts asked Congress on Tuesday to circumvent a federal appeals court decision and approve $8.5 million in payments to the families of two men who allegedly died at the hands of former Boston mob boss James 'Whitey' Bulger."

My recent coverage of this matter can be accessed here, here, and here.
Posted at 04:08 PM by Howard Bashman



"SF court to hear appeal by Tucson rampage suspect": The Associated Press has this report on an oral argument that's scheduled to start just a few moments from now before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. Once the oral argument audio becomes available online, I will link to it.
Posted at 03:47 PM by Howard Bashman


"Court unlikely to allow private prison to be sued": The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: Bivens hurdle too high."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Minneci v. Pollard, No. 10-1104.
Posted at 02:35 PM by Howard Bashman



"High court considers Ga. suit over false testimony": 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 Rehberg v. Paulk, No. 10-788.
Posted at 02:30 PM by Howard Bashman



"Idaho Couple Puts Wetlands Rules To The Test At Supreme Court": Northwest News Network has this report (via NPR).
Posted at 12:07 PM by Howard Bashman


"Judges as punching bags: GOP presidential candidates' attacks on federal justices show a lack of respect for the Constitution." This editorial appears today in The Los Angeles Times.
Posted at 11:44 AM by Howard Bashman


"U.S. Supreme Court Declines to Hear High School Free Speech Case in Burlington": The Hartford Courant contains this article today.
Posted at 09:20 AM by Howard Bashman


"Supreme Court To Weigh Case Of False Testimony": This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:18 AM by Howard Bashman


"Cracking down on courtroom networking; Judges try to control juries in the age of Facebook": Ameet Sachdev had this article Sunday in The Chicago Tribune.
Posted at 08:07 AM by Howard Bashman


"Senate confirms Stephen Higginson for seat on 5th Circuit U.S. Court of Appeals": Bruce Alpert has this article today in The Times-Picayune of New Orleans.
Posted at 08:04 AM by Howard Bashman


"Mississippi's Ambiguous 'Personhood' Amendment": Law professors I. Glenn Cohen and Jonathan F. Will have this op-ed online at The New York Times.
Posted at 08:00 AM by Howard Bashman


"U.S. Supreme Court reinstates conviction in baby's death; Appeals panel ruled that the case against Shirley Ree Smith in her grandson's death was so weak that it violated her right to a fair trial; Smith, freed in 2006, may return to prison by Christmas": Carol J. Williams has this article today in The Los Angeles Times.

Bob Egelko of The San Francisco Chronicle reports that "Supreme Court has final word on shaken baby case."

Warren Richey of The Christian Science Monitor reports that "Supreme Court rebukes Ninth Circuit, again, in 'shaken baby' case; Ninth Circuit Court of Appeals erred by substituting its own judgment for the jury's in the 'shaken baby' conviction of a California grandmother, the Supreme Court said; The reversal will send Shirley Ree Smith back to prison."

And Bill Mears of CNN.com reports that "Justices restore grandmother's conviction in shaken baby death."
Posted at 07:58 AM by Howard Bashman



"Justices Hear Arguments in Faulty-Lawyer Cases": Adam Liptak has this article today in The New York Times.

Today in The Los Angeles Times, David G. Savage reports that "Supreme Court hesitates to extend rights on plea deals; Justices show reluctance to reopen the cases of criminal defendants who missed out on good plea deals because of their lawyers' mistakes."

Nina Totenberg of NPR News reports that "Supreme Court Hears Plea Bargain Cases."

And Mike Sacks of The Huffington Post has an article headlined "Supreme Court Looks At Plea Bargain Advice: How Much Bad Lawyering Is Allowed?"
Posted at 07:54 AM by Howard Bashman







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