How Appealing

Tuesday, January 31, 2012

"Justices may eye pardons; Attorney for former inmates hopes to halt nullification effort": This article appears today in The Clarion-Ledger of Jackson, Mississippi.
Posted at 11:04 PM by Howard Bashman


In Bashman news from Australia: The Age newspaper of Melbourne, Australia has a news update headlined "Robbers bash man, 80, flee empty handed."
Posted at 05:10 PM by Howard Bashman


"Murder conviction stands for 'Bird Rock Bandit'": This article appears today in The San Diego Union-Tribune.

And The Associated Press reports that "CA Supreme Court reinstates murder conviction."

You can access yesterday's ruling of the Supreme Court of California at this link.
Posted at 11:58 AM by Howard Bashman



"Sane defendants may be denied self-representation, court rules; The California Supreme Court unanimously decides that a person could be sane enough to be tried but too mentally ill to act as his own lawyer": Maura Dolan has this article today in The Los Angeles Times.

And in today's edition of The San Francisco Chronicle, Bob Egelko reports that "Court sets rule on mentally disturbed defendants."

You can access yesterday's ruling of the Supreme Court of California at this link.
Posted at 11:55 AM by Howard Bashman



"GOP Seeks Big Changes In Federal Prison Sentences": This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 11:50 AM by Howard Bashman


"Go Shorty, It's Your Birthday": Astute "How Appealing" reader Richard Winger emails, in response to this post from earlier today:
Oklahoma State Senator Ralph Shortey's SJR84 refers to the Oklahoma Supreme Court, not the US Supreme Court. That student newspaper story you linked to got it wrong. I know this from (1) reading the bill on-line; (2) talking to Senator Shortey's office at [phone number redacted].

The student newspaper doesn't seem to let anyone either leave a comment or e-mail the reporter who wrote the story.

Mr. Winger appears to be correct, as the proposed legislation can be downloaded via this link.

Update: I originally linked to the mobile version of this article. Comments can be posted online at the "full version" of the article. Finally, the PDF version of today's newspaper, in which the article appears on page one, can be accessed here.
Posted at 11:27 AM by Howard Bashman



"GW Law School to host four Supreme Court justices": This article appeared yesterday in The GW Hatchet.
Posted at 11:18 AM by Howard Bashman


"Court to weigh restitution for child porn victim": The Associated Press has a report that begins, "A federal appeals court in New Orleans has agreed to rehear two cases in which a victim of child pornography sought restitution from men who viewed sexually explicit photographs of her on the Internet."

My earlier coverage of last week's Fifth Circuit orders granting rehearing en banc can be accessed here.
Posted at 11:15 AM by Howard Bashman



But is she smarter than a 5th grader? According to an item posted online at The Harvard Law Record, "Former Dean Elena Kagan received several B's during law school, especially her first year. She went on to become the first female dean of Harvard Law School, the U.S. Solicitor General, and the 112th Supreme Court Justice."

And in other news, The HLRecord reports that "'Survivor' Contestant Returns to Campus."
Posted at 09:43 AM by Howard Bashman



"CIA Claims Publication of Bin Laden Death Photos Would 'Trigger Violence'": David Kravets has this post at Wired.com's "Threat Level" blog.

My most recent earlier coverage appears here.
Posted at 07:50 AM by Howard Bashman



"N.J. senator: State Supreme Court nominee's confirmation chances 'jeopardized' by legal issues." This article appears today in The Newark (N.J.) Star-Ledger. The newspaper also contains an editorial entitled "Financial improprieties by N.J. Supreme Court nominee's family merits investigation."

In related news coverage, Bloomberg News reports that "Christie Says Gay Supreme Court Nominee Won't Rule on Same-Sex Marriage."
Posted at 07:45 AM by Howard Bashman



"Bill would end recognition of Supreme Court's authority": The Daily O'Collegian, the student newspaper of Oklahoma State University, has an article that begins, "A bill introduced Monday in the Oklahoma state Senate would forbid the United States Supreme Court from reviewing Oklahoma laws."

The sponsor of the legislation, Oklahoma State Senator Ralph Shortey, was most recently in the news for proposing a law to protect the food supply (see articles here and here).
Posted at 07:40 AM by Howard Bashman



"Moot Court Is Anything But": Today's edition of The Hoya, the student newspaper of Georgetown University, contains an article that begins, "Of the 78 cases brought before the Supreme Court since its term began in October, 73 had been argued beforehand -- in a moot court at the Georgetown University Law Center."
Posted at 07:32 AM by Howard Bashman


"WikiLeaks founder's hearing set to boost supreme court audience; Case of Julian Assange likely to provide useful insight into impact of televising high-profile court hearings": The Guardian (UK) has this report.
Posted at 07:30 AM by Howard Bashman


"Contraceptive mandate could face tough sledding in Supreme Court; The healthcare law's mandate to require religious-affiliated employers to pay for contraception for their workers has prompted two lawsuits; If the matter gets to the Supreme Court, it will go before justices who recently affirmed == in a 9-0 ruling == that the 1st Amendment gives special leeway to religious employers": David G. Savage has this article today in The Los Angeles Times.
Posted at 07:28 AM by Howard Bashman


Monday, January 30, 2012

"Sarah Palin email hacker loses appeal": Terry Baynes of Reuters has this report.

My earlier coverage of today's Sixth Circuit ruling appears at this link.
Posted at 05:40 PM by Howard Bashman



"Full D.C. Circuit Examines Use Of Machine Guns In Violent Crime": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."
Posted at 04:44 PM by Howard Bashman


"Long-Dead Ohio Farmer, Roscoe Filburn, Plays Crucial Role in Health Care Fight": Ariane de Vogue of ABC News has this report.
Posted at 04:40 PM by Howard Bashman


In today's mail: An advance review copy of the book "The Last Justice," by Anthony J. Franze.

And speaking of works of fiction involving U.S. Supreme Court Justices being gunned down, last month attorney David A. Wollin sent me a letter announcing his new e-book -- "Death to the Bone" -- which according to the author was inspired in part by a post (perhaps this one?) that the author read here at "How Appealing."
Posted at 02:14 PM by Howard Bashman



"Why Jones is still less of a pro-privacy decision than most thought": Tom Goldstein has this post today at "SCOTUSblog."
Posted at 01:28 PM by Howard Bashman


"TN Supreme Court to decide role of Nashville sheriff's office in immigration; Immigration enforcement is at heart of lawsuit": Today's edition of The Tennessean contains an article that begins, "The future role of the Davidson County Sheriff's Office is in the hands of the Tennessee Supreme Court, which has been asked to weigh in on a federal lawsuit that challenges the authority of the department to enforce federal immigration law."
Posted at 01:24 PM by Howard Bashman


"Supreme Court Fails to Communicate Effectively to Public, Law Scholar Argues": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 01:23 PM by Howard Bashman


"Conviction and sentence upheld in Palin email case": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 01:14 PM by Howard Bashman


Sunday, January 29, 2012

"Supreme Court has shown unity, but little guidance": Robert Barnes will have this article Monday in The Washington Post.
Posted at 07:16 PM by Howard Bashman


"Liquor store run by Supreme Court nominee's family settles with U.S. authorities over $2M in deposits": The Newark (N.J.) Star-Ledger has this news update.
Posted at 05:22 PM by Howard Bashman


"Privacy, Technology And Law": Law professor Barry Friedman has this essay in the Sunday Review section of today's edition of The New York Times.
Posted at 01:05 PM by Howard Bashman


"Another misstep in the fight over crosses: The Senate should reject a House-passed bill that would allow religious symbols on war memorials." This editorial appears today in The Los Angeles Times.
Posted at 09:52 AM by Howard Bashman


"Sotomayor discovers the delights of the CNMI": Monday's edition of The Saipan Tribune contains this article.
Posted at 09:46 AM by Howard Bashman


"Filibustering Nominees Must End": This editorial appears today in The New York Times.
Posted at 09:26 AM by Howard Bashman


"Under the U.S. Supreme Court: State of the Union ducks healthcare." Michael Kirkland of UPI has this report.
Posted at 09:24 AM by Howard Bashman


Saturday, January 28, 2012

"California high court backs panel's new state Senate districts; Even if a GOP-backed proposal to scrap the new plan qualifies for the November ballot, the map produced by a citizens commission is 'clearly the most appropriate' for the election, the court says": Maura Dolan and Patrick McGreevy have this article today in The Los Angeles Times.

In today's edition of The San Francisco Chronicle, Bob Egelko reports that "Court rejects bid to hold up new voting districts."

The Sacramento Bee reports that "Supreme Court validation of maps could give Democrats two-thirds Senate majority."

The San Jose Mercury News reports that "State Supreme Court spurns Republican request to keep old maps."

And Jason Hoppin of The Santa Cruz Sentinel reports that "State high court allows new political maps; Decision likely means Sen. Blakeslee won't run."

You can access yesterday's ruling of the Supreme Court of California at this link.
Posted at 01:52 PM by Howard Bashman



"New fire-expert analysis allowed in father's 1990 arson conviction": Emilie Lounsberry has this article today in The Philadelphia Inquirer reporting on a ruling that the U.S. Court of Appeals for the Third Circuit issued yesterday.
Posted at 01:42 PM by Howard Bashman


"Evidence Mounts Against Justice Kagan For Recusal In ObamaCare Suit": Law professor Ronald Rotunda has this essay at FoxNews.com.
Posted at 08:27 AM by Howard Bashman


"US Justice Sotomayor arrives on Saipan": The Saipan Tribune has a news update that begins, "U.S. Supreme Court Associate Justice Sonia Sotomayor received a warm island greeting and leis when she arrived on Saipan around 6:30pm Saturday. Sotomayor, the first Hispanic justice, is the first sitting U.S. Supreme Court justice to step foot in the CNMI." Yesterday's edition of the newspaper reported that "Fitial to meet with Sotomayor on Sunday."

And as Pacific Business News has noted in articles that you can access here and here, Justice Sonia Sotomayor will take part in the University of Hawaii William S. Richardson School of Law's US Supreme Court Jurists-in-Residence Program before returning to Washington, DC.
Posted at 08:11 AM by Howard Bashman



Friday, January 27, 2012

U.S. Court of Appeals for the Fifth Circuit grants rehearing en banc to reconsider the amount of restitution that a district court may order a defendant convicted of possessing child pornography to pay to children depicted in the images: Today, the Fifth Circuit posted online this order issued Wednesday granting rehearing en banc in the case captioned United States v. Wright and this order issued Wednesday granting rehearing en banc in the case captioned In re: Amy Unknown.

The original three-judge panel's opinion in the Wright case included a specially concurring opinion written by Circuit Judge W. Eugene Davis, in which all three judges on the panel joined, that began, "I write separately to express my disagreement with the recent holding by the In re Amy panel that section 2259 does not limit the victim's recoverable losses to those proximately caused by the defendant's offense and to urge the court to grant en banc review of that decision."

My earlier coverage of the three-judge panel's decision in Wright appears at this link. And earlier coverage of the Fifth Circuit's ruling in In re: Amy Unknown appears at this link.
Posted at 10:30 PM by Howard Bashman



"Obama lawyers argue rest of health law can survive": James Vicini of Reuters has this report.

And the "aca litigation blog" links here and here to the briefs filed in the case today at the U.S. Supreme Court.
Posted at 06:10 PM by Howard Bashman



"There Is a Judicial Confirmation Crisis, and the GOP Is Causing It; The abuse of chamber laws by Senate Republicans is causing a vacancy crisis in courts nationwide": Marge Baker, Executive Vice President for Policy and Program at People For the American Way, has this essay online at U.S. News & World Report.
Posted at 06:07 PM by Howard Bashman


"Report on Fourth Circuit en banc oral argument in Abu Ghraib contractor appeals": Law professor Kevin C. Walsh has this post at "Walshslaw."
Posted at 04:17 PM by Howard Bashman


"Texas Redistricting Dispute Back in San Antonio After High Court Rejection": Bloomberg News has this report.

And The San Antonio Express-News has an update headlined "Redistricting hearing gets under way."
Posted at 04:16 PM by Howard Bashman



"2d Cir. to hear case of investors who trumped Morrison": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 04:13 PM by Howard Bashman


"10th Circuit upholds Stolen Valor Act": The Denver Post has this news update on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued today.

Circuit Judge Timothy M. Tymkovich wrote the majority opinion, in which Senior Circuit Judge Bobby Ray Baldock joined. Circuit Judge Jerome A. Holmes issued a dissenting opinion.

Update: In other coverage, The Associated Press reports that "Denver appeals court upholds military impostor law."
Posted at 02:15 PM by Howard Bashman



"Civil rights law on Supreme Court's mind": Reuters has a report that begins, "A recent decision by the U.S. Supreme Court that dealt with a narrow issue in a redistricting case from Texas suggests that the nation's top court is ready to reconsider a key part of the Voting Rights Act, a major piece of civil rights legislation."
Posted at 01:38 PM by Howard Bashman


"Judge Sentences Komisarjevsky To Death; Moments Earlier, Killer Tells Court He Has To Learn To Forgive Himself": The Hartford Courant has this news update.

And The Associated Press reports that "Conn. home invasion killer is sentenced to death."
Posted at 01:20 PM by Howard Bashman



"Expelled EMU counseling student wins OK to sue after refusal to advise gays, lesbians": David Ashenfelter of The Detroit Free Press has an update that begins, "An Eastern Michigan University student who was expelled from a counseling program because she refused to counsel gays and lesbians about their lifestyles won a key victory today in the U.S. 6th Circuit Court of Appeals."

Circuit Judge Jeffrey S. Sutton wrote the opinion on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit.
Posted at 01:10 PM by Howard Bashman



"Alright, Fine, I'll Add a Disclaimer to My Emails": Attorney James Sinclair's excellent email disclaimer posted at McSweeney's is mentioned at the conclusion of a front page article headlined "Warning: If the Email You Just Read Isn't for You, Don't Read It; Disclaimers Proliferate, but Some Wonder About Words; Confidential Lunch Order" published in today's edition of The Wall Street Journal.
Posted at 11:58 AM by Howard Bashman


"Clarence Thomas honored at Holy Cross; 'Lonely kid' returns to alma mater": The Worcester (Mass.) Telegram & Gazette contains this article today.

The Associated Press reports that "Clarence Thomas celebrates Mass. mentor."

And New England Cable News offers a video report.

Today, the College of the Holy Cross issued a news release headlined "Justice Clarence Thomas '71 Receives Honorary Degree from Holy Cross; In remarks, gives praise to President Emeritus Fr. Brooks." Holy Cross has posted online the text of the Honorary Degree Citation at this link.
Posted at 11:38 AM by Howard Bashman



Thursday, January 26, 2012

"Puerto Rico trip by Supreme Court justices angers politicians waiting for reapportionment opinion": The Patriot-News of Harrisburg, Pennsylvania has this update.

The Pittsburgh Tribune-Review has a news update headlined "State justices drop bombshell, hurry to tropics."

And The Philadelphia Inquirer has a news update headlined "GOP blasts Justice Baer for Pa. remapping comments."
Posted at 11:16 PM by Howard Bashman



"Student Faces Town's Wrath in Protest Against a Prayer": This article will appear Friday in The New York Times.
Posted at 10:33 PM by Howard Bashman


"Obama, senators at odds over picks; ABA vetting shows White House wants Pryor for 11th Circuit, Cohen for district court; senators want opposite": R. Robin McDonald has this article today in The Fulton County Daily Report.
Posted at 06:17 PM by Howard Bashman


"DOJ Defends Keeping Bin Laden Death Photos Secret": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."
Posted at 05:27 PM by Howard Bashman


"Sotomayor connects Guam, Puerto Rico": This article appears in Friday's edition of The Pacific Daily News of Guam.
Posted at 05:00 PM by Howard Bashman


"11th Circuit asked to reinstate $19.6 million award against Hustler": The Associated Press has this report.
Posted at 04:58 PM by Howard Bashman


"Hating on the Ninth Circuit: Funny But a Little Depressing." Joe Palazzolo has this post at WSJ.com's "Law Blog."
Posted at 04:55 PM by Howard Bashman


"2d Cir. limits reach of NY law in long-awaited Chevron opinion": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 03:32 PM by Howard Bashman


"Appeals court rules against Chevron in Ecuador case": Reuters has a report that begins, "A federal appeals court threw out an injunction that Chevron Corp won to block enforcement of what it considers a fraudulent, multi-billion dollar judgment in Ecuador for polluting the Amazon jungle."

And The Associated Press has a report headlined "NY court: Judge can't block $18B Ecuador judgment" that begins, "A federal appeals court says a New York judge overstepped his authority when he tried to ban enforcement of an $18 billion judgment against Chevron Inc. for environmental damage in Ecuador."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. According to today's Second Circuit opinion, "The story of the conflict between Chevron and residents of the Lago Agrio region of the Ecuadorian Amazon must be among the most extensively told in the history of the American federal judiciary."
Posted at 11:03 AM by Howard Bashman



"Senators send White House names for judicial vacancies": Bill Rankin has this article today in The Atlanta Journal-Constitution.
Posted at 10:50 AM by Howard Bashman


"Obama's justices: They are less enamored of government power." Columnist Steve Chapman has this op-ed today in The Chicago Tribune.
Posted at 08:22 AM by Howard Bashman


"Pa. Supreme Court tosses out redrawn legislative districts; Justices consider legislative plan 'contrary to law'": This article appears today in The Pittsburgh Post-Gazette.

And The Pittsburgh Tribune-Review reports today that "Pa. Supreme Court tosses revised districts."
Posted at 08:20 AM by Howard Bashman



"Consumer Group: Supreme Court Favors Businesses." The Texas Tribune has an article that begins, "In the last 10 years, the majority of Texas Supreme Court decisions have favored corporate interests over consumers, and the panel of judges has repeatedly overstepped its authority by overturning jury verdicts and interpreting the law to benefit the rich, according to a scathing report set to be released today by consumer advocacy group Texas Watch."

And the organization Texas Watch has issued a news release headlined "Report: Decade-Long Review Shows Texas Supreme Court Is Activist, Ideological." You can access the report at this link.
Posted at 08:11 AM by Howard Bashman



"Guam welcomes Sotomayor": The Pacific Daily News of Guam contains this article today.
Posted at 08:05 AM by Howard Bashman


"For a Veteran, Disability Payment Is Long in Coming": This article appears today in The New York Times.

You can access the judgment order that the U.S. Court of Appeals for the Federal Circuit issued earlier this month at this link.
Posted at 07:58 AM by Howard Bashman



Wednesday, January 25, 2012

"En Banc Briefing Complete, Oral Argument Approaches in Michigan Affirmative Action Appeal": The "Sixth Circuit Appellate Blog" has this post today.
Posted at 10:56 PM by Howard Bashman


"Citizens United v. FEC decision proves justice is blind -- politically": Law professor Jeffrey Rosen has this essay tonight at Politico.com.
Posted at 10:45 PM by Howard Bashman


"Legality of Mobile Phone Tracking Still Unclear Despite Supreme Court GPS Decision": David Kravets has this post today at Wired.com's "Threat Level" blog.

Thursday's edition of The New York Times will contain an editorial entitled "GPS and the Right to Privacy."

And Thursday's edition of The Washington Post will contain an editorial entitled "The Supreme Court left too much unresolved with its GPS ruling."
Posted at 10:42 PM by Howard Bashman



"Wesley E. Brown, Oldest Judge in Nation's History, Dies at 104": A.G. Sulzberger is the author of this obituary, which will appear in Thursday's edition of The New York Times.
Posted at 10:30 PM by Howard Bashman


"A Judgeship With Prestige, and, Oh, What a Grand Room": This article will appear in Thursday's edition of The New York Times.
Posted at 10:27 PM by Howard Bashman


"Second Chances": At the "Opinionator" blog of The New York Times, Linda Greenhouse has a post that begins, "The Supreme Court's decision last week giving an Alabama death-row inmate who was abandoned by his lawyers a second chance at an appeal has been justly celebrated."
Posted at 10:25 PM by Howard Bashman


"The Political and the Personal: What the Supreme Court can learn from Gabby Giffords and Jeff Flake." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:14 PM by Howard Bashman


"Joan Biskupic is coming to Reuters as legal affairs editor-in-charge, a big title for a very talented journalist." So states Jack Shafer via Twitter.
Posted at 06:17 PM by Howard Bashman


"2nd Circuit throws wrench in GE tax machinations": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 06:14 PM by Howard Bashman


"Top Pa. court nixes district maps": The Philadelphia Inquirer has a news update that begins, "The Pennsylvania Supreme Court, by a 4-3 vote Wednesday, rejected a plan to remap the state's 203 House districts and 50 Senate districts."

The Pittsburgh Post-Gazette has a news update headlined "Court orders more work on new state House, Senate districts."

And The Associated Press reports that "State high court throws out legislative redistricting."

Today's ruling of the Supreme Court of Pennsylvania consists of an order and a dissenting statement.
Posted at 05:44 PM by Howard Bashman



"House GOP to draft bill replacing Obama health law": The Associated Press has a report that begins, "House Republican leaders are drafting a bill to replace President Barack Obama's health care overhaul if the Supreme Court strikes it down this summer."
Posted at 03:09 PM by Howard Bashman


"The Red Shoe Diaries, Law Blog Version": Ashby Jones has this post at WSJ.com's "Law Blog."
Posted at 01:06 PM by Howard Bashman


"Jones confounds the press": Tom Goldstein has this post at "SCOTUSblog."
Posted at 01:03 PM by Howard Bashman


"Montana Takes on Citizens United": Yesterday's edition of The New York Times contained this editorial.

And last Friday's broadcast of NPR's "On the Media" contained an audio segment entitled "Montana Goes Its Own Way on Citizens United" featuring Adam Liptak.
Posted at 11:15 AM by Howard Bashman



"Justice John Paul Stevens on How the Supreme Court Works; Supreme Court Justice Stevens discusses affirmative action, Citizens United, and his favorite chief justice": This interview appears online at U.S. News & World Report.
Posted at 11:11 AM by Howard Bashman


"Nelson, Johanns rose above the fray with confirmation of federal judge": Senior U.S. District Judge Richard G. Kopf of the District of Nebraska has this op-ed about the U.S. Senate's confirmation of his successor in today's edition of The Omaha World-Herald.
Posted at 11:09 AM by Howard Bashman


"Roberts to America: Trust us." At Politico.com, law professors William Yeomans and Herman Schwartz have an essay that begins, "Chief Justice John Roberts's response in his year-end report to the increasing controversy over the ethics of Supreme Court justices served to drive home the need for the high court to adopt reforms immediately."
Posted at 08:30 AM by Howard Bashman


"Gov. Christie's effort to bring diversity to N.J. Supreme Court deserves praise": This editorial appears today in The Newark Star-Ledger.
Posted at 08:22 AM by Howard Bashman


"Same-Sex Marriage May Hinge On Supreme Court": Yesterday evening's broadcast of NPR's "All Things Considered" contained this audio segment.
Posted at 08:14 AM by Howard Bashman


"Walmart Faces Long Battle On Sex Discrimination, Despite Supreme Court Ruling": Lila Shapiro of The Huffington Post has this report.
Posted at 08:09 AM by Howard Bashman


"Penn Law students assist professor in Supreme Court; The Supreme Court Clinic prepared 12 students for a case involving immigration law": The Daily Pennsylvanian contains this article today.
Posted at 08:07 AM by Howard Bashman


"Supreme Court, Legal Issues Stay Out of the Spotlight at State of the Union": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 08:06 AM by Howard Bashman


"A Wisconsin Judge's Refusal to Recuse": This editorial appears today in The New York Times.
Posted at 08:00 AM by Howard Bashman


"The Red-Sole Case: Can the color red be trademarked? Two luxury brands took to open court Tuesday to battle over the hue." Ashby Jones has this article today in The Wall Street Journal.

And The New York Post reports today that "Louboutin defends red-sole trademark."
Posted at 07:55 AM by Howard Bashman



"Pennsylvania Supreme Court may be affected by Orie scandal": This article appears today in The Philadelphia Inquirer.
Posted at 07:52 AM by Howard Bashman


"In Vt., an attorney general's losses raise doubts": The Associated Press has this report.
Posted at 07:50 AM by Howard Bashman


Tuesday, January 24, 2012

"Shoes and herrings are red in 2d Cir. Louboutin argument": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 09:00 PM by Howard Bashman


"Chuck Grassley's slam of OLC chief rankles some": Josh Gerstein of Politico.com has this blog post.
Posted at 06:14 PM by Howard Bashman


"Man Sues Supreme Court Marshal For Right to Hold Sign on Court Grounds": Zoe Tillman has this post at "The BLT: The Blog of Legal Times."
Posted at 05:30 PM by Howard Bashman


"Louboutin Seeks to Overturn Ruling on Yves Saint Laurent's Red-Soled Shoes": Bloomberg News has this report.
Posted at 05:26 PM by Howard Bashman


"Appeals court rules against GE in tax shelter case": Reuters has this report.

And Bloomberg News reports that "General Electric Co. Loses Appeal in IRS Partnership Tax Benefits Case."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 05:22 PM by Howard Bashman



"Federal appeals court hears NASCAR drug case": The Associated Press has this updated report.
Posted at 05:17 PM by Howard Bashman


"Megaupload, meet Morrison": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 01:46 PM by Howard Bashman


"All Hail Samuel Alito, Privacy Champion Extraordinaire!" Law professor Jeffrey Rosen has this essay online at The New Republic.

Online at The Atlantic, Garrett Epps has an essay entitled "Justice Scalia Turns to 18th-Century Wisdom for Guidance on GPS."

And online at Slate, Dahlia Lithwick has a jurisprudence essay entitled "Alito vs. Scalia: The two conservative Supreme Court justices brawl over technology and privacy."
Posted at 12:09 PM by Howard Bashman



In the February 2012 issue of The ABA Journal magazine: Mark Walsh has an article headlined "Dissecting the Health Care Case: Election-Year Term Mirrors New Deal Era."

Richard Brust has an article headlined "The High Bench vs. the Ivory Tower."

Stephanie Francis Ward has an article headlined "The Badgering State: Wis. Battles over Worker's Rights and Skirmishes in the Supreme Court."

And Leslie A. Gordon has an article headlined "Unknown Knowns: Torture Suits Against Rumsfeld May Revive a 40-Year-Old Liability Case."
Posted at 12:04 PM by Howard Bashman



"Federal judge Wesley Brown dies at age 104 in Wichita": The Wichita Eagle has this news update.

And The Associated Press reports that "Nation's oldest federal judge dies at age 104."
Posted at 11:54 AM by Howard Bashman



"Federal appeals court to hear NASCAR drug case": The Associated Press has this report.
Posted at 09:48 AM by Howard Bashman


"Maine lawyer named to appeals court; William Kayatta Jr., a prominent trial attorney, awaits confirmation by the U.S. Senate": This article appears today in The Portland Press Herald.

The Oklahoman reports today that "Magistrate Judge Robert E. Bacharach nominated for federal appeals court; After a long-running White House effort to find a successor for Robert Henry on the 10th Circuit Court of Appeals, President Barack Obama has nominated Oklahoma City magistrate judge who was on a list given to Sen. Tom Coburn."

And The Tulsa World reports that "Oklahoma judge nominated for 10th U.S. Circuit Court of Appeals."

Yesterday, the White House issued a news release headlined "President Obama Nominates Two to Serve on the US Court of Appeals."
Posted at 09:44 AM by Howard Bashman



Monday, January 23, 2012

"Guns and Weed: The Fourth Circuit Remands on the Second Amendment for Marijuana Users." "The Federal Criminal Appeals Blog" has this post on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 11:14 PM by Howard Bashman


"U.S. appeals court rejects Padilla torture lawsuit": James Vicini of Reuters has this report.
Posted at 06:42 PM by Howard Bashman


"The Case of the Missing Kennedy": Kedar has this post today at the "DailyWrit" blog.
Posted at 05:02 PM by Howard Bashman


"Elena Kagan Recusal: Supreme Court Won't Hear Arguments For Justice To Step Down From Health Care Cases." Mike Sacks of The Huffington Post has this report.
Posted at 05:00 PM by Howard Bashman


"High Court Backs Police in School Threat Probe": Mark Walsh has this post at the "School Law" blog of Education Week.
Posted at 04:58 PM by Howard Bashman


"Appeals panel rules against 'enemy combatant'": The Associated Press has a report that begins, "A federal appeals panel has turned away efforts by Jose Padilla, a U.S. citizen detained for nearly four years as an 'enemy combatant,' to reinstate a lawsuit against ex-Defense Secretary Donald Rumsfeld and other government officials."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 04:53 PM by Howard Bashman



"Venezuela Rebuffed by U.S. High Court on Bandagro Bond Suit": Greg Stohr of Bloomberg News has this report.
Posted at 02:38 PM by Howard Bashman


"Justices Say GPS Tracker Violated Privacy Rights": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court: Warrants needed in GPS tracking."

David G. Savage of The Los Angeles Times has a blog post titled "Supreme Court: Police need warrant to use GPS tracking on cars."

Joan Biskupic of USA Today has a news update headlined "Supreme Court rules warrant needed for GPS tracking."

Jess Bravin of The Wall Street Journal has a news update headlined "High Court Backs Privacy Rights in GPS Case."

Bill Mears of CNN.com reports that "Justices rule against police, say GPS surveillance requires search warrant."

Mike Sacks of The Huffington Post reports that "Warrantless GPS Tracking Unconstitutional, Supreme Court Rules."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion recap: Tight limit on police GPS use."
Posted at 02:33 PM by Howard Bashman



"For Justices, State of the Union Can Be a Trial": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 02:17 PM by Howard Bashman


"Gov. Christie nominates two for state Supreme Court, including gay African-American mayor": The Newark (N.J.) Star-Ledger has this news update.
Posted at 02:16 PM by Howard Bashman


"Court won't hear arguments demanding Kagan recusal": The Associated Press has this report.

Update: At "SCOTUSblog," Lyle Denniston has a post titled "A note on Kagan and health care."
Posted at 12:03 PM by Howard Bashman



"Why Is the Justice Department Still Defending FBI Ties to the Mob? The courts refuse to protect the feds for harboring James 'Whitey' Bulger while he and his Winter Hill gang killed." Andrew Cohen has this essay online at The Atlantic.

My earlier coverage of last Friday's First Circuit rulings can be accessed here.
Posted at 11:38 AM by Howard Bashman



"Supreme Court: Federal Meat Inspection Act preempts California's slaughter ban." Michael Doyle of McClatchy Newspapers has this report.
Posted at 11:32 AM by Howard Bashman


"Supreme Court limits police use of GPS to track suspects": James Vicini of Reuters has this report.

And Bloomberg News reports that "Police Use of GPS Devices to Track Suspects' Cars Limited by Supreme Court."
Posted at 11:27 AM by Howard Bashman



Access online today's Order List and decisions in argued cases of the U.S. Supreme Court: You can access today's Order List at this link. The Court did not grant review in any new cases. The Court issued a per curiam summary reversal and three rulings in argued cases.

The Court issued a per curiam opinion in Ryburn v. Huff, No. 11-208.

1. Justice Elena Kagan delivered the opinion for a unanimous Court in National Meat Assn. v. Harris, No. 10-224. You can access the oral argument via this link.

2. Justice Stephen G. Breyer delivered the opinion of the Court in Reynolds v. United States, No. 10-6549. Justice Antonin Scalia issued a dissenting opinion, in which Justice Ruth Bader Ginsburg joined. You can access the oral argument via this link.

3. Justice Scalia delivered the opinion of the Court in United States v. Jones, No. 10-1259. Justice Sonia Sotomayor issued a concurring opinion. And Justice Samuel A. Alito, Jr. issued an opinion concurring in the judgment, in which Justices Ginsburg, Breyer, and Kagan joined. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "High court: warrant needed for GPS tracking"; "Court overturns Calif. slaughterhouse law"; and "Court says sex offenders challenge arrest."
Posted at 10:02 AM by Howard Bashman



"PA Supreme Court Oral Arguments on Legislative Redistricting Plan": Pennsylvania Cable Network will carry the oral arguments live beginning at 9:30 a.m. today. You can view the oral arguments live, online via this link.
Posted at 09:18 AM by Howard Bashman


"Perry's Good Idea: The Governor vs. the Supreme Court." Hendrik Hertzberg has this comment in the January 30, 2012 issue of The New Yorker.
Posted at 08:52 AM by Howard Bashman


"2011 Set Stage for War Over Abortion": Roll Call has this report.
Posted at 08:33 AM by Howard Bashman


"Administration nominees awaiting next move by GOP": The Associated Press has a report that begins, "Senate Republicans are returning to Washington in an angry mood over President Barack Obama's appointments to two key agencies during a year-end break. More than 70 nominees to judgeships and senior federal agency positions are awaiting the next move from Republicans, who can use Senate rules to block votes on some or all of Obama's picks."

And The Hill reported last week that "Obama's recess appointments might not hold up in court."
Posted at 08:30 AM by Howard Bashman



Sunday, January 22, 2012

"Law firm knee deep in state's many hot-button issues": Today's edition of The Wisconsin State Journal contains an article that begins, "The news last month that a conservative Supreme Court justice had received two years of free legal service while fighting an ethics charge was just the latest indication of an increasingly cozy relationship between the Republican Party and one of Wisconsin's most prominent law firms."
Posted at 10:33 PM by Howard Bashman


"Louisiana grapples with juvenile crime decision by Supreme Court": The Times-Picayune of New Orleans has this report.
Posted at 10:32 PM by Howard Bashman


"Sue your own state? Why not? The Supreme Court, in a Maryland case, should rule against the state, and also reexamine other decisions that have made it hard for people to sue their own states." This editorial will appear Monday in The Los Angeles Times.
Posted at 10:24 PM by Howard Bashman


"Little Red (Litigious) Shoes": In the Sunday Review section of today's edition of The New York Times, law professor Jeannie Suk has an essay that begins, "Can you trademark the color red? This week a federal appellate court will hear arguments in a case involving this very question."
Posted at 10:12 PM by Howard Bashman


"Latif Public Cert Petition Released": Benjamin Wittes has this post at the "Lawfare" blog, which has posted the document at this link.
Posted at 04:46 PM by Howard Bashman


"Warrantless electronic tracking debate awaits U.S. Supreme Court ruling": Howard Mintz has this article today in The San Jose Mercury News.
Posted at 04:40 PM by Howard Bashman


"Under the U.S. Supreme Court: Keeping Jesus in government." Michael Kirkland of UPI has this report.
Posted at 03:52 PM by Howard Bashman


Saturday, January 21, 2012

"Iowa high court ruling reflects debate on homeowners' rights in police searches; But the decision leaves a Polk County case involving a drug hunt unchanged": The Des Moines Register today contains an article that begins, "Iowa Supreme Court justices Friday unleashed 61 pages of written debate about the right of homeowners to consent or refuse police searches but left unchanged a Polk County case that had mixed results for police who searched for drugs in an Ankeny mobile home. The ruling prompted two justices to argue that Iowa should have a rule requiring law enforcement officials to tell homeowners that they can decline police permission to search their dwelling."

You can access yesterday's ruling of the Supreme Court of Iowa at this link.
Posted at 03:24 PM by Howard Bashman



"Court rules D.A. can't recoup salary costs in cadaver case": Joseph A. Slobodzian has this article today in The Philadelphia Inquirer.

You can access Thursday's ruling of the Supreme Court of Pennsylvania at this link.
Posted at 03:17 PM by Howard Bashman



"Justice Joan Orie Melvin says she will hear redistricting appeal": The Pittsburgh Tribune-Review has this news update.
Posted at 01:55 PM by Howard Bashman


"Scalia and Thomas: Who Cares If Your Lawyer Abandons You on Death Row? Fortunately, the rest of their colleagues disagree." Adam Serwer has this blog post online at Mother Jones.
Posted at 01:54 PM by Howard Bashman


"The Affirmative Action War Goes On": This editorial will appear Sunday in The New York Times.
Posted at 01:35 PM by Howard Bashman


"A Supreme Obamacare test": Columnist George F. Will has this op-ed in The Washington Post.
Posted at 01:30 PM by Howard Bashman


"Occupiers wag fingers at Supreme Court over political donation rule": This article appears today in The Washington Post.

The Pasadena Star-News reports today that "Pasadena protest takes aim at Citizens United."

The Sacramento Bee reports that "Protesters occupy federal courthouse over campaign finance ruling."

The Press-Enterprise of Riverside, California reports that "Protesters mark second anniversary of Citizens United."

And The Oregonian reports that "Occupy the Courts rally in Portland lambasts law giving corporations 'personhood.'"
Posted at 01:26 PM by Howard Bashman



"Reversal of sonogram law not likely in Sparks' court, he says": In today's edition of The Austin American-Statesman, Chuck Lindell has an article that begins, "U.S. District Judge Sam Sparks made it clear Friday that opponents of the state's new pre-abortion sonogram requirement have little hope of overturning the law in his court. Sounding resigned during an afternoon hearing, Sparks noted that a federal appeals court forcefully overruled his August opinion that found the law unconstitutional, leaving no room for the challenge to proceed."

And today's edition of The San Antonio Express-News contains an article headlined "Judge: Sonogram law likely to stand."
Posted at 01:14 PM by Howard Bashman



"Supreme Court Ruling Gives GOP an Edge in Texas": Jess Bravin and Nathan Koppel have this article today in The Wall Street Journal.

The Fort Worth Star-Telegram reports today that "Texas' court-drawn redistricting maps are thrown out."

The Dallas Morning News reports that "Supreme Court throws out court-drawn Texas redistricting maps."

The Austin American-Statesman reports that "Supreme Courts rejects Texas' interim district maps."

Warren Richey of The Christian Science Monitor reports that "Supreme Court tells Texas judges to do a better job on election maps; Saying federal judges in Texas exceeded their authority in rejecting election districts drawn by the Republican-controlled Legislature, the Supreme Court instructed the judges to find remedies closer to the state's maps."

On yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "High Court Orders Redo Of Texas Redistricting Plan."

And yesterday evening's broadcast of The PBS NewsHour contained a segment entitled "Supreme Court Ruling on Texas Electoral Maps 'Huge Setback' for Democrats."
Posted at 12:38 PM by Howard Bashman



"Justices spar at USC over Constitution, the court, the law": This article appears today in The State newspaper of Columbia, South Carolina, along with an article headlined "Graham facilitates Supreme Court justices' visit."
Posted at 11:45 AM by Howard Bashman


"Gableman says he won't recuse himself from disputed cases": Patrick Marley has this article today in The Milwaukee Journal Sentinel.

The Associated Press reports that "Gableman won't recuse himself from high-profile disputed cases."

And Bloomberg News reports that "Wisconsin High Court Judge Won't Step Back From Union Case."
Posted at 11:42 AM by Howard Bashman



"Kansas Law on Sodomy Stays on Books Despite a Cull": A.G. Sulzberger has this article today in The New York Times.
Posted at 10:04 AM by Howard Bashman


Friday, January 20, 2012

"U.S. appeals court says sex offenders have right to libraries": Reuters has a report that begins, "A federal appeals court ruled on Friday that a policy barring registered sex offenders from public libraries in Albuquerque, New Mexico, was unconstitutional, a decision that could have reverberations across the nation."

You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 11:57 PM by Howard Bashman



"Court favors families in Bulger case": The Boston Globe has a news update that begins, "A federal appeals court today upheld million-dollar judgments in favor of families of James 'Whitey' Bulger's alleged murder victims, finding that the government was liable for the deaths because of the FBI's corrupt relationship with the gangster."

The U.S. Court of Appeals for the First Circuit today issued two related rulings in the matter, and you can access the rulings here and here.
Posted at 11:46 PM by Howard Bashman



"Nourse asks Obama to withdraw her nomination to federal appeals court": Bruce Vielmetti has this post at the "Proof & Hearsay" blog of The Milwaukee Journal Sentinel.
Posted at 05:32 PM by Howard Bashman


"Roe v. Wade Still Under Siege, 39 Years Later": Laura Bassett and Mike Sacks of The Huffington Post have this report.
Posted at 05:30 PM by Howard Bashman


"Chevron Loses Another Bid to Block $18 Billion Ecuador Award": Bloomberg News has this report.

Reuters reports that "Chevron appeals $18 billion ruling in Ecuador lawsuit."

And Alison Frankel's "On the Case" from Thomson Reuters News & Insight reports that "Chevron's options to evade $18 billion judgment narrowing."
Posted at 05:27 PM by Howard Bashman



"Multistate personhood push kindles abortion debate": The Associated Press has this report.
Posted at 05:23 PM by Howard Bashman


"Justices' Texas Redistricting Ruling Likely to Help G.O.P." Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court sides with Texas on redistricting plan."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court gives a win to Texas GOP on congressional lines."

Joan Biskupic of USA Today has a news update headlined "Supreme Court throws out judge-drawn Texas electoral maps."

Michael Doyle of McClatchy Newspapers reports that "Supreme Court says 'grounds for concerns' with Texas redistricting maps."

The San Antonio Express-News has an update headlined "Supreme Court sends redistricting maps back to lower court."

Mike Sacks of The Huffington Post has an article headlined "Texas Redistricting: Supreme Court Throws Out Judge-Drawn Electoral Maps."

Ariane de Vogue of ABC News has a blog post titled "Supreme Court Ruling Favors Texas in Redistricting."

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Supreme Court Sends Redistricting Case Back to Texas."
Posted at 01:32 PM by Howard Bashman



"Appeals court rejects appeal by Abramoff partner": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 11:50 AM by Howard Bashman


"Photo-happy judge adds Marley, ostrich to opinions": Terry Baynes of Reuters has this very interesting report, which features interviews with Seventh Circuit Judge Richard A. Posner and some critics of his opinions containing photographs.

According to the article, "The pictorial flourishes haven't exactly outraged the bar or prompted a soul-searching national legal debate, but they have raised a few questions. For one, what are the copyright implications of reproducing images lifted from the Internet?"
Posted at 10:56 AM by Howard Bashman



"Voting Maps for Texas Set Aside by High Court": Greg Stohr of Bloomberg News has this report.

And James Vicini of Reuters reports that "Supreme Court rejects judge-drawn Texas election maps."
Posted at 10:54 AM by Howard Bashman



Access online today's per curiam ruling of the U.S. Supreme Court in Perry v. Perez, No. 11-713: The Court has posted the ruling at this link. Justice Clarence Thomas issued an opinion concurring in the judgment. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Court throws out judge-drawn Texas electoral maps."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court rejects interim Texas maps."
Posted at 10:17 AM by Howard Bashman



From today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "SuperPACs Grow 2 Years After Citizens United Case" and "Stephen Colbert Wants You To Know: That's Definitely Not His SuperPAC."
Posted at 09:54 AM by Howard Bashman


"Colbert Super PAC -- John Paul Stevens: Retired Supreme Court Justice John Paul Stevens expounds on his dissenting opinion in the Citizens United case." You can access the video of the interview from last night's broadcast of The Colbert Report by clicking here.
Posted at 09:44 AM by Howard Bashman


"Supreme Court ruling confuses religious workers": The Associated Press has this report.
Posted at 09:41 AM by Howard Bashman


"Court rules people can sue if privacy violated": In today's edition of The Toronto Globe and Mail, Kirk Makin has an article that begins, "Paparazzi, underhanded spouses and sneaky private investigators have much to fear from a ground-breaking decision that gives individuals a legal weapon against intrusions into their privacy. Experts say the Ontario Court of Appeal judgment that created a right to sue for 'intrusion upon seclusion' will send a chill through anyone who snoops, hacks or uses confidential information to create mischief." The newspaper also contains an editorial entitled "Digital intruders have been warned."

And The Toronto Star reports that "Ontario appeal court allows lawsuits for invasion of privacy."

You can access Wednesday's ruling of the Court of Appeal for Ontario at this link.
Posted at 08:40 AM by Howard Bashman



"Not in my state! N.J. court rules towns can reject adult entertainment, citing locations in other states." This article appears today in The Newark Star-Ledger.

And The Asbury Park Press reports today that "Dispute over nude nightclub may go to Supreme Court."

You can access yesterday's ruling of the Supreme Court of New Jersey at this link.
Posted at 08:30 AM by Howard Bashman



"Texas water district seeks U.S. Supreme Court review of lawsuit against Oklahoma; A large Texas water district Thursday asked the U.S. Supreme Court to review an appellate court decision upholding Oklahoma laws that restrict the exportation of stream water": The Oklahoman contains this article today.

And today's edition of The Fort Worth Star-Telegram contains an article headlined "Fight for Oklahoma water goes to Supreme Court."
Posted at 08:25 AM by Howard Bashman



"Georgia Supreme Court justice calls for judicial overhaul; Judicial system needs overhaul, official says": This article appears today in The Augusta Chronicle.
Posted at 08:22 AM by Howard Bashman


"'Occupy Courts' to hit Citizens United": Politico.com has this report.

And in today's edition of The Washington Post, law professor Kent Greenfield has an op-ed entitled "How to make the 'Citizens United' decision worse."
Posted at 08:17 AM by Howard Bashman



Thursday, January 19, 2012

"Supreme Anxiety: Do controversial court decisions really inspire the backlash liberals fear?" Law professors David Fontana and Donald Braman will have this article in the February 2, 2012 issue of The New Republic.

Their article, available online from SSRN, is titled "Judicial Backlash or Just Backlash? Evidence from a National Experiment" and will appear in the May 2012 issue of the Columbia Law Review.
Posted at 11:37 PM by Howard Bashman



"Defying city, attorney asks Supreme Court to hear SPD tasing case": The Seattle Times has a news update that begins, "Ignoring Seattle Police Chief John Diaz, a private attorney hired by the city to defend three officers who were sued after they repeatedly tased a pregnant woman during a 2004 traffic stop has asked the U.S. Supreme Court to hear the case. In an extraordinary response, the city has informed the attorney, Ted Buck, that he was not authorized to ask the high court to take the case on appeal, and that the city won't pay the costs of pursuing it."
Posted at 11:26 PM by Howard Bashman


"1st Circuit upholds NH tax evaders' convictions": The Associated Press has a report that begins, "A New Hampshire couple convicted of amassing an arsenal of weapons and holding marshals at bay for nine months after conviction for tax evasion will remain behind bars."

You can access today's ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 09:55 PM by Howard Bashman



"Activists lose 'Occupy the Courts' protest bid": Reuters has this report.

Friday's edition of The New York Times will contain an article headlined "Judge Says Protesters Can't Rally at Courthouse."

Friday's edition of The New York Daily News will contain an article headlined "Occupy the Courts gives up legal fight to protest at Manhattan Federal Court; Occupy Wall Street splinter group says it will demonstrate against corporate political donations in Zuccotti Park instead."

And Bloomberg News reports that "'Occupy' Group Loses Bid to Compel U.S. to Issue Courthouse Rally Permit."
Posted at 08:57 PM by Howard Bashman



"Judge denies requests for new Komisarjevsky trial, acquittal": This article appears today in The New Haven Register.

And The Hartford Courant reports that "Komisarjevsky Motion For New Trial, Acquittal Denied; Judge Rules From Bench; In Similar Hayes Motion He Issued A 12-Page Ruling."
Posted at 08:54 PM by Howard Bashman



"Amid SOPA debate, SCOTUS gives Congress broad copyright power": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 05:40 PM by Howard Bashman


"Appeals court hears challenge to Voting Rights Act": The Associated Press has this report.

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Appeals Court Examines Constitutionality Of Voting Rights Act Provision."
Posted at 05:39 PM by Howard Bashman



"Foreign Copyrights Upheld; Court Backs Reciprocal International Protection for Previously Public Material": Brent Kendall and Jess Bravin have this article today in The Wall Street Journal.
Posted at 04:20 PM by Howard Bashman


"Scalia defends originalist view of Constitution": Mark Sherman of The Associated Press has this report.
Posted at 04:17 PM by Howard Bashman


"Supreme Court Overturns 'Right v. Wrong'": This article appears in the current issued of The Onion.
Posted at 04:16 PM by Howard Bashman


"Death-Row Defendant Can Proceed With Appeal": Jess Bravin and Joanna Chung have this article today in The Wall Street Journal.
Posted at 11:15 AM by Howard Bashman


"Supreme Court grants death row inmate chance for new appeal; Justices in a 7-2 decision say that Alabama death row inmate Corey Maples was 'abandoned' by his two lawyers who left their firm without telling him and missed a deadline to file his appeal": David G. Savage has this article today in The Los Angeles Times.

In today's edition of The Birmingham News, Mary Orndorff has an article headlined "U.S. Supreme Court says paperwork mishap cannot block death row appeal."

The Decatur (Ala.) Daily reports that "US Supreme Court restores appeal rights of Morgan murderer."

And Ariane de Vogue of ABC News has a blog post titled "Supreme Court: Death Row Inmate Abandoned by Elite Law Firm Entitled to New Hearing."
Posted at 08:34 AM by Howard Bashman



"Supreme Court: Congress within bounds on foreign copyrights." Joan Biskupic has this article today in USA Today.

And The Denver Post reports today that "Supreme Court nixes Denver professor's suit over copyright protection for foreign works."
Posted at 08:30 AM by Howard Bashman



"U.S. Supreme Court rejects student-suspension case with NEPA roots": This article appears today in The Scranton Times-Tribune.
Posted at 08:26 AM by Howard Bashman


Wednesday, January 18, 2012

"Justices Rule for Inmate After Mailroom Mix-Up": Adam Liptak will have this article Thursday in The New York Times.

Mary Orndorff of The Birmingham News has an update headlined "U.S. Supreme Court rules in favor of Alabama Death Row inmate Cory Maples."

On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "High Court Sides With Man Abandoned By Attorneys."

And David G. Savage of The Los Angeles Times has a blog post titled "Supreme Court: Alabama death row inmate gets new chance to appeal."
Posted at 09:37 PM by Howard Bashman



"Public Domain Works Can Be Copyrighted Anew, Supreme Court Rules": Adam Liptak will have this article Thursday in The New York Times.

And Robert Barnes of The Washington Post has a news update headlined "Supreme Court: Copyright can be extended to foreign works once in public domain."
Posted at 09:17 PM by Howard Bashman



"Court asked to reconsider ruling on bone marrow compensation": Carol J. Williams of The Los Angeles Times has this blog post.
Posted at 09:06 PM by Howard Bashman


"NJ high court weighs Mexican telephone testimony": The Associated Press has this report.

Earlier, The Asbury Park Press previewed the oral argument in an article headlined "N.J. Supreme Court to to consider appeal via pay phone from Mexico."
Posted at 04:44 PM by Howard Bashman



"Cory Maples Should Not Face Death Penalty Due To Mailroom Mix-Up, Supreme Court Rules": Mike Sacks of The Huffington Post has this report.
Posted at 04:09 PM by Howard Bashman


"Copyrights on Foreign Works Upheld by U.S. Supreme Court": Greg Stohr of Bloomberg News has this report.

Bill Mears of CNN.com reports that "Justices allow copyrights on foreign works."

And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Supreme Court Says Congress May Re-Copyright Public Domain Works."
Posted at 02:15 PM by Howard Bashman



"Justices side with death row inmate abandoned by counsel": Joan Biskupic of USA Today has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court: Alabama death-row inmate Cory Maples should get new hearing."

Greg Stohr of Bloomberg News reports that "U.S. Supreme Court Sides With Death-Row Inmate on Law Firm Mailroom Error."

And James Vicini of Reuters reports that "Death row inmate wins missed deadline case."
Posted at 02:08 PM by Howard Bashman



"Supreme Court upholds copyright law for famous foreign works": James Vicini of Reuters has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion recap: The public domain shrinks."
Posted at 11:37 AM by Howard Bashman



"Government Brief in Hamdan: The Looming Article III Problem..." Steve Vladeck has this post at the "Lawfare" blog, which has made the brief available at this link.
Posted at 11:18 AM by Howard Bashman


"Paul Clement at Center of Supreme Court's Blockbuster Cases": Ariane de Vogue of ABC News has this report.
Posted at 11:09 AM by Howard Bashman


"Komisarjevsky Motion For New Trial, Acquittal Denied": The Hartford Courant has this news update.

And The Associated Press reports that "Judge rejects Conn. home invasion retrial request."
Posted at 11:07 AM by Howard Bashman



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

1. Justice Ruth Bader Ginsburg delivered the opinion of the Court in Maples v. Thomas, No. 10-63. Justice Samuel A. Alito, Jr. issued a concurring opinion. And Justice Antonin Scalia issued a dissenting opinion, in which Justice Clarence Thomas joined. You can access the oral argument via this link.

2. Justice Ginsburg delivered the opinion of the Court in Golan v. Holder, No.10-545. Justice Stephen G. Breyer issued a dissenting opinion, in which Justice Alito joined. Justice Elena Kagan did not participate in the ruling. You can access the oral argument via this link.

3. And Justice Ginsburg delivered the opinion for a unanimous Court in Mims v. Arrow Financial Services, LLC, No. 10-1195. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Supreme Court upholds copyright law"; "Court orders new hearing for Ala. death row inmate"; and "Court lets telemarketers be sued in federal court."
Posted at 10:55 AM by Howard Bashman



"Court Weighs Protections for Lawyers of Cities": Adam Liptak has this article today in The New York Times.

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Filarsky v. Delia, No. 10-1018.
Posted at 09:40 AM by Howard Bashman



"Affirmative-Action Foe Is Facing Allegations of Financial Misdeeds": Charlie Savage has this article today in The New York Times.

And The Sacramento Bee reports today that "Connerly financial misdeeds alleged in letter."
Posted at 09:27 AM by Howard Bashman



"U.S. Supreme Court declines Forsyth County prayer appeal": The Winston-Salem Journal contains this article today, along with an editorial entitled "The Supreme Court rightly declines to hear prayer-fight appeal, ending a losing battle."

And Bill Mears of CNN.com reports that "High court rejects appeals on public prayers, student speech."
Posted at 09:18 AM by Howard Bashman



"U.S. Supreme Court won't hear appeals in students' online rants": This article appears today in The Pittsburgh Post-Gazette.

The Pittsburgh Tribune-Review reports today that "High court fails to act in off-campus speech cases."

In today's edition of The Allentown Morning Call, Peter Hall reports that "Supreme Court backs kids' Internet speech; Appeal asked justices to define schools' reach in discipline for disruptive posts."

Warren Richey of The Christian Science Monitor has an article headlined "Does First Amendment protect students' online speech off-campus? The Supreme Court declined to take up Tuesday three potentially important test cases of the First Amendment of students engaged in controversial speech on the Internet."

Nina Totenberg of NPR reports that "High Court Lets Stand Trio Of First Amendment Cases."

At Wired.com's "Threat Level" blog, David Kravets has a post titled "Supreme Court Rejects Student Social-Media Cases."

And at the "School Law" blog of Education Week, Mark Walsh has a post titled "Supreme Court Declines Cases on Student Internet Speech."
Posted at 09:14 AM by Howard Bashman



"Reformers call for Supreme Court Justice Joan Orie Melvin to step aside": The Patriot-News of Harrisburg, Pennsylvania has this report.

The Pittsburgh Post-Gazette reports that "Groups call on Justice Melvin to resign."

The Pittsburgh Tribune-Review has articles headlined "Reformers seek Supreme Court Justice Orie Melvin recusal" and "Orie sisters' retrial delayed 2 weeks; Feb. 27 start eyed."

And today's edition of The Philadelphia Inquirer contains an editorial entitled "Supreme Court justice needs to step aside."
Posted at 09:05 AM by Howard Bashman



"U.S. Judge Won't Delay Madoff-Mets Trial for Trustee's Immediate Appeal": Bloomberg News has this report.

The New York Times reports today that "Mets Owners Can Look Forward to Trial During Spring Training."

The New York Daily News reports today that "U.S. District judge turns away appeal from Irving Picard, trustee for the victims of Bernie Madoff in suit against NY Mets owners; Jed S. Rakoff limits financial liability of Wilpons in Madoff lawsuit."

The Associated Press reports that "NY judge blocks immediate appeal by Madoff trustee."

And Reuters reports that "Judge rejects Madoff trustee appeal in Mets case."
Posted at 09:00 AM by Howard Bashman



Tuesday, January 17, 2012

"Philip Morris agrees to pay Oregon $56 million in punitive damages in Jesse Williams' death": The Oregonian has a news update that begins, "Tobacco maker Philip Morris has agreed to pay $56 million in punitive damages and interest to the state of Oregon, finally ending a 14-year battle over damages in the death of a Portland smoker."
Posted at 11:10 PM by Howard Bashman


"'Occupy the Courts' rally stymied in Manhattan": Reuters has a report that begins, "A federal agency has denied protesters a permit to hold a rally in front of the federal courthouse in lower Manhattan, days before an 'Occupy the Courts' protest planned for Friday at courthouses across the country."

Additional information about the protests planned for this Friday can be accessed here.
Posted at 06:07 PM by Howard Bashman



Greg Stohr of Bloomberg News is reporting: He has articles headlined "Prayer Cases Turned Away by U.S. Supreme Court Justices"; "Finra's Legal Immunity Won't Be Questioned by U.S. High Court"; "Dart's Fund May Get Top Court Review on Argentine Judgment"; and "CenturyLink Settlement of $90 Million Case Signaled by Court."
Posted at 05:38 PM by Howard Bashman


James Vicini of Reuters is reporting: He has articles headlined "Supreme Court rejects prayer, student Internet cases" and "Supreme Court won't hear FINRA immunity case."
Posted at 05:33 PM by Howard Bashman


"Wal-Mart seeks end to refiled gender-bias lawsuit": Dan Levine of Reuters has a report that begins, "Women who refiled a gender discrimination lawsuit against Wal-Mart Stores Inc have failed to come to grips with the landmark U.S. Supreme Court decision that ended their nationwide class action against the company, Wal-Mart argued in a court filing."
Posted at 05:32 PM by Howard Bashman


"Supreme Court agrees to request by PCN to televise redistricting hearing live": The Administrative Office of Pennsylvania Courts today issued a news release that begins, "The Supreme Court of Pennsylvania today announced that the Pennsylvania Cable Network (PCN) will be televising live its Jan. 23 oral argument session on the state's legislative redistricting plan."
Posted at 05:07 PM by Howard Bashman


"USS Cole bombing suspect back before Guantanamo tribunal": Carol Rosenberg of The Miami Herald has this news update.
Posted at 11:58 AM by Howard Bashman


"Military lawyers blast Guantanamo mail search as violating rights, ethics": Carol Rosenberg of The Miami Herald has an article that begins, "Military lawyers for Guantanamo detainees who could someday be put to death are accusing the new prison commander of censoring protected attorney-client documents, raising a new legal controversy that spotlights ongoing concern about the fairness of possible military trials."

And at the "Lawfare" blog, Benjamin Wittes and Ritika Singh have a post titled "Nashiri Motions Hearing Preview." Wittes and Singh will provide additional coverage of the hearing (including this very recent post) throughout the day.
Posted at 10:30 AM by Howard Bashman



"U.S. gun industry appeals new rifle reporting rules": Reuters has this report.
Posted at 10:24 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. There are no new grants of review. The Court called for the views of the Solicitor General in two cases.

In recognition of the large number of law librarians who read this blog, I must note that today's Order List concludes with the following order:

It is ordered that Linda S. Maslow be appointed Librarian of the Court to succeed Judith Ann Gaskell, effective at the commencement of business January 17, 2012, and that she take the oath of office as required by statute.
No word yet on who administers the librarian oath of office at the Court. The Court's former librarian, Ms. Gaskell, began serving in that post on August 11, 2003.

In early news coverage of today's orders, The Associated Press reports that "Court rejects appeals in student speech cases"; "Court rejects appeal over prayer at public meeting"; "Court won't review congressional immunity defense"; and "Court won't review ruling on tipped employees."

And at "SCOTUSblog," Lyle Denniston has a post titled "Government prayer cases passed up."
Posted at 10:03 AM by Howard Bashman



"Disgraced journalist Stephen Glass deserves a second chance": Columnist Dan Walters has this op-ed today in The Sacramento Bee.
Posted at 07:50 AM by Howard Bashman


"Affirmative action suit gets Brown's support": In today's edition of The San Francisco Chronicle, Bob Egelko has an article that begins, "More than 15 years after California voters approved a ban on affirmative action based on race or gender preferences, a new challenge to Proposition 209 has reached a federal appeals court -- and the challengers this time include Gov. Jerry Brown."
Posted at 07:48 AM by Howard Bashman


Monday, January 16, 2012

"Casino Owner's Gingrich Gift Shreds Court's Logic": Law professor Noah Feldman has this essay online at Bloomberg News.
Posted at 09:24 PM by Howard Bashman


"Supreme Court to take up case of Miami man vs. drug-sniffing dogs": The Palm Beach Post has this news update.
Posted at 08:30 PM by Howard Bashman


"Latif Cert Petition Filed": Benjamin Wittes had this post Friday night at the "Lawfare" blog.
Posted at 02:06 PM by Howard Bashman


"Bigfoot has free speech rights in NH, too -- on Mount Monadnock, at least": This article appeared Saturday in The Nashua Telegraph.

The Keene Sentinel on Friday had a news update headlined "'Bigfoot' wins appeal; Case involved Mt. Monadnock."

And The Associated Press reports that "N.H. court upholds Bigfoot's free speech rights."

You can access last Friday's ruling of the Supreme Court of New Hampshire at this link.
Posted at 08:30 AM by Howard Bashman



"Perry appeals judge's ruling on Va. primary ballot": The Associated Press has this report.

Bloomberg News reports that "Perry Files Emergency Request to Get on Virginia Republican Primary Ballot."

And at Politico.com, Josh Gerstein has a blog post titled "Rick Perry, Newt Gingrich appeal for slots on Virginia ballot."
Posted at 08:16 AM by Howard Bashman



"On health reform, the election will matter more than SCOTUS": Politico.com has this report.
Posted at 08:12 AM by Howard Bashman


Sunday, January 15, 2012

"College diversity at risk": Lee C. Bollinger will have this op-ed Monday in The Washington Post.
Posted at 11:32 PM by Howard Bashman


"Ohio taking death penalty case to US Supreme Court": The Associated Press has this report.
Posted at 10:50 PM by Howard Bashman


"Supreme Court to decide Chowchilla inmate's fate": Michael Doyle had this article yesterday in The Fresno Bee.
Posted at 11:12 AM by Howard Bashman


"U.S. Supreme Court upholds Nashua conviction despite debate over reliability of eyewitness testimony": This article appeared yesterday in The Nashua (N.H.) Telegraph.
Posted at 11:10 AM by Howard Bashman


"Dropping the 'F bomb' on your principal": Michael Kirkland of UPI has this report.

And in today's edition of The Los Angeles Times, David G. Savage reports that "Supreme Court to consider educators' response to cyber-bullying; Two principals targeted in MySpace attacks suspended the involved students, who sued on grounds of free speech and won; The issue has now been taken to the high court."
Posted at 10:54 AM by Howard Bashman



Friday, January 13, 2012

"First challenge on new Obama appointees": Lyle Denniston has this post at "SCOTUSblog."
Posted at 10:50 PM by Howard Bashman


"Nevada State Bar Investigating Copyright-Troll Righthaven": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 10:47 PM by Howard Bashman


"Court keeps execution on hold for Ohio killer of 2": The Associated Press has this coverage of an order that a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued this afternoon.
Posted at 06:20 PM by Howard Bashman


"In Shift, New Jersey Senator Says He'll Back Court Pick": The New York Times has a news update that begins, "Reversing himself in what had become an awkward intraparty stalemate for Democrats, Senator Robert Menendez of New Jersey said Friday that he would no longer block a nominee by President Obama to a federal appeals court."
Posted at 06:17 PM by Howard Bashman


"Anti-union group challenges recess appointments": The Associated Press has this report.

And Reuters reports that "U.S. business group steps up challenge on labor appointments."
Posted at 04:23 PM by Howard Bashman



In Bashman news from Minnesota: The Pioneer Press of St. Paul has a news update headlined "Women bash man with iron and picture frame, St. Paul police say."
Posted at 04:15 PM by Howard Bashman


"Court revives suit over prisoner's dreadlocks": Terry Baynes of Reuters has this report.

My earlier coverage of today's Seventh Circuit ruling appears at this link.
Posted at 03:40 PM by Howard Bashman



"'Son of Boss' crackdown lands in Supreme Court": Reuters has this report.
Posted at 02:05 PM by Howard Bashman


"Three new cases granted": Lyle Denniston has this post at "SCOTUSblog."

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



"Judicial Nominations and Confirmations after Three Years--Where Do Things Stand?" The Brookings Institution today has posted online this paper written by Russell Wheeler.
Posted at 01:15 PM by Howard Bashman


Judge Posner issues free exercise opinion on prisoner dreadlocks, complete with Bob Marley picture: Circuit Judge Richard A. Posner issued this decision today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 12:11 PM by Howard Bashman


"Acura owners elsewhere can't join California suit": In today's edition of The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal appeals court rejected a nationwide class-action suit against U.S. manufacturers of Honda Acuras on Thursday in a ruling that restricts multistate consumer lawsuits against California companies."

And Reuters reports that "Class-action versus American Honda thrown out."

You can access yesterday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 11:35 AM by Howard Bashman



"Don't like Gableman? Try Gundrum." This editorial appears today in The Wisconsin State Journal.
Posted at 11:00 AM by Howard Bashman


"This case turns on whether a government agency may provide employees with free bottled water even when safe and drinkable water is available from water fountains at their work sites." So begins an opinion that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 10:42 AM by Howard Bashman


"Justice Calls Recess, Part 2": Timothy Noah has this blog post online at The New Republic.

And at The Weekly Standard, Adam J. White has a blog post titled "Weak Justification for Executive Overreach."
Posted at 10:03 AM by Howard Bashman



"Bob Menendez to Meet With Judicial Nominee He Blocked": Roll Call has this news update.

The Newark (N.J.) Star-Ledger has an editorial entitled "U.S. Rep. Robert Menendez right to meet with blocked judge."

And earlier this week, North Jersey Jewish News reported that "Blocked judge has roots in Jewish community; Obama nominee impressed her peers at Hebrew school."
Posted at 09:30 AM by Howard Bashman



"Give consumers their day in court: A string of Supreme Court rulings in favor of companies that force wronged consumers into arbitration instead of allowing them to pursue lawsuits shows change is needed; A Senate bill aims to do that." Columnist David Lazarus has this essay today in The Los Angeles Times.
Posted at 09:26 AM by Howard Bashman


"Va. Supreme Court takes up climate case": Jim Nolan has this article today in The Richmond Times-Dispatch.
Posted at 09:14 AM by Howard Bashman


Thursday, January 12, 2012

"Va. Supreme Court hears dispute between Cuccinelli, UVa over climate researcher's documents": The Roanoke Times has this news update.

And The Washington Times has a news update headlined "Virginia court hears Cuccinelli's defense of climate suit; Anti-fraud law cited for probe."
Posted at 10:24 PM by Howard Bashman



"Justice Stevens Grades His Predecessor": Jess Bravin has this post at WSJ.com's "Law Blog."
Posted at 04:02 PM by Howard Bashman


"3rd Circuit Hears Why FSC's 2257 Case Shouldn't Be Dismissed": Mark Kernes of AVN News has a report from yesterday afternoon that begins, "At 9 o'clock this morning, the three-judge panel of the Third Circuit U.S. Court of Appeals, before beginning consideration of the appeal in Free Speech Coalition, et al v. Holder, made what observers described as an unusual announcement."

You can access via this link the audio of yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Third Circuit.
Posted at 02:20 PM by Howard Bashman



"Memo Defends Obama on Recess Appointments": Charlie Savage of The New York Times has this news update.

Pete Yost of The Associated Press reports that "Justice Dept says recent recess appointments legal."

Seth Stern of Bloomberg News has an article headlined "Obama Has Recess Appointment Power: DOJ."

Reuters reports that "U.S. Justice Dept backs legality of Obama appointments."

And Josh Gerstein of Politico.com reports that "Obama recess appointments approved by Justice Department."
Posted at 01:48 PM by Howard Bashman



"Obama Nominees Cool Heels as Divided Senate Stalls on Confirmation Votes": Bloomberg News has this report.
Posted at 11:44 AM by Howard Bashman


"Lawfulness of Recess Appointments During a Recess of the Senate Notwithstanding Periodic Pro Forma Sessions": The Office of Legal Counsel of the U.S. Department of Justice posted online this legal opinion today.
Posted at 11:20 AM by Howard Bashman


"Appeals arguments heard in Holocaust lawsuit against Hungary; Survivors argue that they should be allowed to seek compensation in U.S. court": This article appears today in The Chicago Tribune.

You can access via this link the audio of yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 11:16 AM by Howard Bashman



"Fight escalates over legal mail at Guantanamo": The Associated Press has this report.
Posted at 08:34 AM by Howard Bashman


"Eyewitness Evidence Needs No Special Cautions, Court Says": Adam Liptak has this article today in The New York Times.
Posted at 08:33 AM by Howard Bashman


"U.S. Supreme Court Associate Justice Sotomayor to visit Hawaii": The Honolulu Star-Advertiser has this report.
Posted at 08:32 AM by Howard Bashman


"U.S. Supreme Court rules in favor of Redford Township church firing": The Detroit Free Press contains this article today.

The Washington Times reports that "High court ruling landmark for religion; Justices allow firing of teacher by church in bias case brought by government."

The Deseret News reports that "Supreme Court rejects Obama administration arguments in 'most important' religious freedom case."

The New York Times reports today that "Religious Groups Greet Ruling With Satisfaction."

Yesterday evening's broadcast of The PBS NewsHour contained a segment entitled "Supreme Court Upholds 'Ministerial Exception' From Anti-Bias Laws" featuring Marcia Coyle.

From National Public Radio, yesterday evening's broadcast of "All Things Considered" contained an audio segment entitled "Justices Rule Ministers Exempt From Anti-Bias Laws" featuring Nina Totenberg. And on today's broadcast of "Morning Edition," Totenberg has an audio segment entitled "High Court Exempts Ministers From Anti-Bias Laws."

And the University of Virginia School of Law has issued a news release headlined "Supreme Court Hands Victory to Church, Laycock; Cites Professors in Eyewitness Case."

Update: In today's edition of The Wall Street Journal, Jess Bravin has an article headlined "Justices: Ex-Worker Can't Sue Church."
Posted at 08:24 AM by Howard Bashman



"After Losing a Lawsuit, Taking Their Appeal to God": This article appears today in The New York Times.
Posted at 08:10 AM by Howard Bashman


"Federal judge orders 'immediate' removal of Cranston school prayer mural; appeal unlikely": The Providence (R.I.) Journal has this report. The newspaper has posted a copy of the ruling at this link.

And The Associated Press reports that "Fed court orders RI school to remove prayer mural."
Posted at 08:02 AM by Howard Bashman



Wednesday, January 11, 2012

"A Look At Gitmo, 10 Years Later": This audio segment featuring "How Appealing" reader Carol Rosenberg of The Miami Herald appeared on this evening's broadcast of NPR's "All Things Considered."

And online at Slate, Dahlia Lithwick has a jurisprudence essay entitled "The Great Gitmo Blackout: The 10th anniversary of Guantanamo Bay and whether we should remember about forgetting."
Posted at 10:54 PM by Howard Bashman



"Democratic legislator seeks Gableman's ouster": The Milwaukee Journal Sentinel has a news update that begins, "A Democratic legislator circulated a resolution Wednesday to remove state Supreme Court Justice Michael Gableman from office because he ruled on cases involving a law firm that provided him legal services without charging him for them."

According to the article, "Gableman's new attorney [is] Viet Dinh of Washington, D.C."
Posted at 10:48 PM by Howard Bashman



"Justice Joan Orie Melvin urged to depart in probe": The Pittsburgh Tribune-Review has this news update.
Posted at 10:46 PM by Howard Bashman


"High court urged to allow jury to decide alienation of affection case": This article appears today in The Rapid City Journal.
Posted at 10:42 PM by Howard Bashman


"Supreme Court declines to make it harder to introduce eyewitness testimony at trials": Robert Barnes will have this article Thursday in The Washington Post.

In Thursday's edition of The Los Angeles Times, David G. Savage will have an article headlined "Supreme Court rejects curbs on eyewitness testimony at trials; In an 8-1 decision, the high court says that judges should not be allowed to consider the reliability of all eyewitness testimony before trials."

In Thursday's edition of USA Today, Joan Biskupic will have an article headlined "Judges don't have to screen witnesses, court rules."

Warren Richey of The Christian Science Monitor reports that "Supreme Court says no to new rule on eyewitness testimony; The lawyer for a convicted New Hampshire man had asked the Supreme Court to establish an expanded rule to help prevent unreliable eyewitness testimony at criminal trials."

James Vicini of Reuters reports that "Supreme Court rejects special review of eyewitness testimony."

And Bill Mears of CNN.com reports that "Supreme Court backs eyewitness identification with 8-1 ruling."
Posted at 10:30 PM by Howard Bashman



"9th Circuit asks state court to weigh in on Whopper spit suit": Terry Baynes of Reuters has this report.

And SeattlePI.com reports that "Case of spit in cop's Whopper headed to state Supreme Court."

My earlier coverage of today's Ninth Circuit order appears at this link.
Posted at 10:22 PM by Howard Bashman



"Voting in Plain Sight": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 10:09 PM by Howard Bashman


"Supreme Court wrestles with medical leave case": The Associated Press has a report that begins, "The Supreme Court wrestled Wednesday with how a federal law that grants workers time off for family and medical reasons applies to state government workers in a case that could affect millions of them."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Coleman v. Court of Appeals of Md., No. 10-1016.
Posted at 03:44 PM by Howard Bashman



"Several justices seem to support FCC decency rules": Tony Mauro has this news analysis online at the First Amendment Center.
Posted at 03:32 PM by Howard Bashman


"See No Evil: Justice Clarence Thomas rehabilitates an eyewitness who may not have seen anything." Law professor Brandon L. Garrett has this jurisprudence essay online at Slate.
Posted at 03:20 PM by Howard Bashman


"Supreme Court: Churches Can't Be Sued By Ministers For Employment Discrimination." Mike Sacks of The Huffington Post has this report.
Posted at 02:26 PM by Howard Bashman


"Phlegm glob" that Burger King employee with a criminal record placed on Whopper with cheese served to police officer has caused the Ninth Circuit to certify a question of law to the Washington State Supreme Court: You can access today's order of the U.S. Court of Appeals for the Ninth Circuit at this link.

The question certified to Washington State's highest court is: "Does the Washington Product Liability Act permit relief for emotional distress damages, in the absence of physical injury, caused to the direct purchaser by being served and touching, but not consuming, a contaminated food product?"
Posted at 02:22 PM by Howard Bashman



"U.S. High Court Rejects Limits on Witness-ID Testimony": Greg Stohr of Bloomberg News has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion recap: Faith in the jury's capacity."
Posted at 02:06 PM by Howard Bashman



"Justices Grant Leeway to Churches in Job Bias Laws": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court: Discrimination laws do not protect certain employees of religious groups."

David G. Savage of The Los Angeles Times has a blog post titled "Supreme Court: Church-state separation extends to religious schools."

Joan Biskupic of USA Today has a news update headlined "Court: Certain religious employees can't sue for job bias."

James Vicini of Reuters has an article headlined "Supreme Court: ministers can't sue churches for bias."

At the "School Law" blog of Education Week, Mark Walsh has a post titled "Supreme Court Backs Church in Teacher-Employment Case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion recap: A solid 'ministerial exception.'"
Posted at 01:48 PM by Howard Bashman



"Md. man's leave lawsuit lands in Supreme Court": The Associated Press has this report.
Posted at 10:20 AM by Howard Bashman


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

1. Justice Ruth Bader Ginsburg delivered the opinion of the Court in Perry v. New Hampshire, No. 10-8974. Justice Clarence Thomas issued a concurring opinion. And Justice Sonia Sotomayor issued a dissenting opinion. You can access the oral argument via this link.

2. Justice Thomas delivered the opinion of the Court in Pacific Operators Offshore, LLP v. Valladolid, No. 10-507. Justice Antonin Scalia issued an opinion concurring in part and concurring in the judgment, which Justice Samuel A. Alito, Jr. joined.,You can access the oral argument via this link.

3. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, No. 10-553. Justice Thomas issued a concurring opinion. And Justice Alito issued a concurring opinion, in which Justice Elena Kagan joined. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "Court:Judges cannot get involved in church dispute" and "Court rules against man convicted by eyewitness ID."
Posted at 10:04 AM by Howard Bashman



"What If Obama Loses? Imagining the consequences of a GOP victory." That's the cover story in the January/February 2012 issue of Washington Monthly magazine. Therein, Dahlia Lithwick has an article headlined "The Courts: The conservative takeover will be complete."
Posted at 08:30 AM by Howard Bashman


"Is The Obama Admin Trying To Box In Scalia On The Health Care Mandate?" TPMDC has this news analysis.
Posted at 08:20 AM by Howard Bashman


"Texas can enforce sonogram law, appeals court says": Chuck Lindell has this article today in The Austin American-Statesman.

And The San Antonio Express-News reports today that "Sonogram statute is unblocked by court; Appellate panel's decision is cheered by anti-abortion forces."

My earlier coverage of yesterday's Fifth Circuit ruling appears here and here.
Posted at 08:04 AM by Howard Bashman



"Melvin urged to quit Supreme Court": The Pittsburgh Tribune-Review contains this article today.
Posted at 07:56 AM by Howard Bashman


"Court upholds injunction against Shariah law ban in Oklahoma courts": This article appears today in The Tulsa World.

The Los Angeles Times reports today that "Appeals court affirms order blocking Oklahoma sharia law ban; A federal appeals court upholds a 2010 ruling preventing the implementation of an Oklahoma constitutional amendment that would bar judges from considering international or Islamic law in decisions."

The Denver Post reports that "Oklahoma's ban on Islamic law blocked by appeals court."

Terry Baynes of Reuters reports that "Court refuses to unblock Oklahoma ban on Islamic law."

Bill Mears of CNN.com reports that "Federal court blocks Oklahoma ban on Sharia."

And yesterday evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Court Strikes Down Okla. Sharia Ban."

My earlier coverage of yesterday's Tenth Circuit ruling appears at this link.
Posted at 07:54 AM by Howard Bashman



Tuesday, January 10, 2012

"Court Rejects Suit By Injured Inmate": Jess Bravin of The Wall Street Journal will have this article Wednesday in The Wall Street Journal.

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion recap: No new Bivens remedy."
Posted at 10:48 PM by Howard Bashman



"High Court Reverses Conviction in Killings": Adam Liptak will have this article Wednesday in The New York Times.

David G. Savage of The Los Angeles Times has a blog post titled "Supreme Court orders new trial for convicted New Orleans killer."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion recap: Blunt memo to the DA."
Posted at 10:42 PM by Howard Bashman



"Ifs, Ands, and Butts: The Supreme Court gets the full-monty treatment." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 10:04 PM by Howard Bashman


"TV Decency Is a Puzzler For Justices": Adam Liptak will have this article Wednesday in The New York Times.

In Wednesday's edition of The Washington Post, Robert Barnes will have an article headlined "Supreme Court weighs technology, culture in FCC power to monitor airwaves."

In Wednesday's edition of The Los Angeles Times, David G. Savage will have an article headlined "Supreme Court appears unlikely to ease broadcast decency rules; During arguments in FCC vs. Fox TV, the justices indicate they want the public airwaves to remain free of cursing, nudity and sex scenes during prime time."

Joan Biskupic of USA Today has a news update headlined "Top justices grapple with FCC filters on cursing, nudity."

In Wednesday's edition of The Wall Street Journal, Jess Bravin will have an article headlined "Justices Voice Support for Broadcast-TV Decency."

Wednesday's edition of The Washington Times will contain an article headlined "Supreme Court mulls profanity, nudity on network TV."

Warren Richey of The Christian Science Monitor reports that "Lawyer makes startling argument in Supreme Court hearing on FCC; A lawyer arguing that the FCC has gone overboard in its regulation of broadcast nudity and language directed the justices' attention to the bare buttocks of statues in the Supreme Court; The justices are considering whether FCC rules are inconsistent."

Greg Stohr of Bloomberg News reports that "TV Indecency Crackdown by FCC Gets Support at High Court."

Tony Mauro of The National Law Journal reports that "In indecency case, government faces tough path to victory."

Ariane de Vogue of ABC News has a blog post titled "Supreme Court Hearing on Indecency Leaves One Justice Blushing."

Mike Sacks of The Huffington Post reports that "Supreme Court Frets Over TV's Devolving Standards of Decency."

And on this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "High Court Hears Arguments In FCC Case."
Posted at 09:10 PM by Howard Bashman



"Justices Weigh Public-Sector Unions' Political Fees": Mark Walsh has this post at the "School Law" blog of Education Week.
Posted at 06:20 PM by Howard Bashman


"GOP: Corporate donation ban unconstitutional." Josh Gerstein of Politico.com has this blog post.
Posted at 04:36 PM by Howard Bashman


"Supreme Court denies inmate's request for lawsuit over prison injury": Michael Doyle of McClatchy Newspapers has this report.
Posted at 03:50 PM by Howard Bashman


"Indecency on TV: Supreme Court reluctant to ease profanity rules." David G. Savage of The Los Angeles Times has this blog post.

And James Vicini of Reuters reports that "U.S. justices question why some TV nudity allowed."
Posted at 03:47 PM by Howard Bashman



"U.S. Supreme Court sets aside conviction in 1995 massacre": The Times-Picayune of New Orleans has this news update.

And Joan Biskupic of USA Today has a news update headlined "Supreme Court overturns New Orleans man's murder conviction."
Posted at 03:46 PM by Howard Bashman



"Moore's funding an issue": Today's edition of The Montgomery Advertiser contains an editorial that begins, "Perennial political candidate Roy Moore has two big problems in his race to become chief justice of the Alabama Supreme Court. The first problem is that he doesn't have many campaign donors. The second problem is that his biggest donor -- who supplied almost two-thirds of all the money Moore had raised through December -- has some strange ideas."
Posted at 02:40 PM by Howard Bashman


"Ga. court upholds ruling in Jewell suit": The Atlanta Journal-Constitution has a news update that begins, "The Georgia Supreme Court on Monday unanimously upheld a previous court ruling dismissing a lawsuit filed by survivors of Richard Jewell against The Atlanta Journal-Constitution."
Posted at 02:38 PM by Howard Bashman


"PMC: Orie Melvin Case Demands Swift Action and Long Term Reform." The organization Pennsylvanians for Modern Courts issued this news release today.
Posted at 02:33 PM by Howard Bashman


"Appeals court unblocks Texas abortion law": Terry Baynes of Reuters has this report.

You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 02:25 PM by Howard Bashman



"Court: Okla. ban on Islamic law unconstitutional." The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.

Update: In other coverage, The Denver Post reports that "10th Circuit upholds ruling blocking Shariah law ban."
Posted at 02:05 PM by Howard Bashman



"High court weighs policy against curse words on TV": Mark Sherman of The Associated Press has this updated report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Many options on TV rules."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in FCC v. Fox Television Stations, Inc., No. 10-1293.
Posted at 02:01 PM by Howard Bashman



"Gonzalez sworn in as new justice; Latino justice hailed for improving court access to poor": This article appears today in The Olympian of Olympia, Washington.
Posted at 12:27 PM by Howard Bashman


A twist on the "appellate battlefield" analogy: No doubt many readers will be familiar with the saying that "Appellate judges sit above the fray as the battle unfolds beneath and when the smoke clears and the dust settles, they descend from their lofty perches and shoot the wounded."

Today, Sixth Circuit Judge Raymond M.Kethledge has issued a dissenting opinion that begins as follows:

Every trial presents its own field of maneuver, with issues rising up in different places on the terrain. Some issues reach commanding heights, others are just a gentle rise; some have evidence arrayed densely on each side, others have evidence more thin. Whatever the layout, the district court knows the ground better than we do. Its understanding comes from the front lines, whereas we are back in a headquarters tent. And thus we defer a great deal to the district court's judgment as to whether a particular piece of evidence aligns with one issue, or another, or instead does not belong on the field at all.
You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 11:22 AM by Howard Bashman


James Vicini of Reuters is reporting: He has articles headlined "US court rules for arbitration in credit card case" and "US high court rejects inmate lawsuit versus Geo employees."
Posted at 11:11 AM by Howard Bashman


"Democrats and Executive Overreach: It's a mistake to excuse Obama's disregard for the Constitution; Precedents set now will be exploited by the next administration." Law professor Michael W. McConnell has this op-ed today in The Wall Street Journal.
Posted at 10:50 AM by Howard Bashman


"Appeals court: Texas may enforce abortion law." The Associated Press has a report that begins, "A Texas abortion law passed last year that requires doctors to show sonograms to patients can be enforced while opponents challenge the measure in court, a federal appeals court ruled Tuesday."
Posted at 10:47 AM by Howard Bashman


"Mystery Buyer Wins Auction for Copyright Troll's Domain": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 10:45 AM by Howard Bashman


"Court to tackle Florida redistricting suit": Terry Baynes of Reuters has a report that begins, "A day after the Supreme Court heard arguments in a Texas redistricting battle, another redistricting case with potential national implications takes center stage, this time in Florida. On Tuesday, the U.S. Court of Appeals for the 11th Circuit will hear a challenge in a racially-charged lawsuit over an amendment to Florida's constitution."
Posted at 10:40 AM by Howard Bashman


"Businessman seeks damages despite verdict in defamation case": Today's edition of The Citizens' Voice of Wilkes-Barre, Pennsylvania contains an article that begins, "Attorneys for the Luzerne County businessman who last month lost a long-fought defamation lawsuit against The Citizens' Voice said Monday the verdict contradicted evidence, legal precedent and constituted an abuse of judicial power."
Posted at 10:28 AM by Howard Bashman


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

1. Justice Sonia Sotomayor delivered the opinion of the Court in Gonzalez v. Thaler, No. 10-895. Justice Antonin Scalia issued a dissenting opinion. You can access the oral argument via this link.

2. Justice Stephen G. Breyer delivered the opinion of the Court in Minneci v. Pollard, No. 10-1104. Justice Scalia issued a concurring opinion, in which Justice Clarence Thomas joined. And Justice Ruth Bader GInsburg issued a dissenting opinion. You can access the oral argument via this link.

3. Justice Scalia delivered the opinion of the Court in CompuCredit Corp. v. Greenwood, No. 10-948. Justice Sotomayor issued an opinion concurring in the judgment, in which Justice Elena Kagan joined. And Justice Ginsburg issued a dissenting opinion. You can access the oral argument via this link.

4. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Smith v. Cain, No. 10-8145. Justice Thomas issued a dissenting opinion. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Court won't allow private prison employees lawsuit"; "Court overturns New Orleans murder conviction"; "Supreme Court rules in favor of arbitration"; and "High court won't let man appeal murder conviction."
Posted at 10:04 AM by Howard Bashman



"Supreme Court hears appeal in alienation of affections case": The Rapid City Journal contains this article today.
Posted at 09:56 AM by Howard Bashman


"Another ethics complaint filed against Justice Gableman": This article appears today in The Wisconsin State Journal.

And The Milwaukee Journal Sentinel reports today that "Gableman asked to recuse himself from a third case."
Posted at 09:50 AM by Howard Bashman



"Joan Orie Melvin a target of grand jury": Today's edition of The Pittsburgh Tribune-Review contains an article that begins, "Pennsylvania Supreme Court Justice Joan Orie Melvin received formal notification that she is a target of an Allegheny County grand jury that recommended prosecution of her two sisters for using state employees for political work, the Tribune-Review has learned."
Posted at 09:46 AM by Howard Bashman


"Supreme Court won't reinstate murder convictions": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 09:40 AM by Howard Bashman


"High court weighs policy against curse words on TV": Mark Sherman of The Associated Press has this report. The AP also has a report headlined "Steven Tyler to Supreme Court: Watch the language."

Warren Richey of The Christian Science Monitor has an article headlined "Are tough FCC indecency laws obsolete? Supreme Court hears free-speech case; Fox and ABC say tougher FCC regulations of broadcasters regarding expletives and partial nudity are discriminatory in an age when cable and Internet programs are not similarly regulated."

On today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment entitled "Supreme Court To Consider FCC Indecency Case."

And today's edition of The Los Angeles Times contains an editorial entitled "The FCC, the Supreme Court and policing indecency: Punishing a broadcaster for inadvertent remarks over which it has no control makes no sense."
Posted at 09:24 AM by Howard Bashman



"Senator should drop block of judicial nominee": This editorial appears today in The Washington Post.

Today's edition of The New York Times contains an editorial entitled "Mr. Menendez's Missing 'Blue Slip.'"

Yesterday's edition of The New York Daily News contained an editorial entitled "Sen. Bob Menendez blocks a qualified candidate for judge to get revenge; What else explains his attempt to derail Patty Shwartz's nomination?"

And columnist Tom Moran of The Newark (N.J.) Star-Ledger has an essay entitled "Why did Sen. Robert Menendez block nomination of favored N.J. judge?"
Posted at 09:08 AM by Howard Bashman



Monday, January 9, 2012

"Notice is hereby given that motions to exceed the page or word limitations for briefs are strongly disfavored and will be granted only upon demonstration of extraordinary circumstances." So states an unusual order entered today on behalf of all judges, active and senior, serving on the U.S. Court of Appeals for the Third Circuit.

The order notes that "motions to exceed the page/word limitations for briefs are filed in approximately twenty-five percent of cases on appeal, and that seventy-one percent of those motions seek to exceed the page/word limitations by more than twenty percent."

Wow! In my experience, briefs that exceed the applicable appellate word limit in federal court or page limit in state court typically result from trial counsel's effort to create an appellate brief by using or combining briefs previously filed in the trial court, instead of writing the appellate brief from scratch.
Posted at 11:20 PM by Howard Bashman



"Supreme Court appears sympathetic to Idaho couple in 4-year battle with EPA": Robert Barnes will have this article Tuesday in The Washington Post.

In Tuesday's edition of USA Today, Joan Biskupic will have an article headlined "High court weighs high-profile case over wetlands, EPA fines."

In Tuesday's edition of The Wall Street Journal, Jess Bravin will have an article headlined "Justices Appear Inclined To Rein In EPA."

And Sean Cockerham of McClatchy Newspapers reports that "Supreme Court hears Idaho couple's argument against EPA."
Posted at 11:09 PM by Howard Bashman



"Justices Grapple With Voting Rights Case That Could Help Tip the House": 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 "High court pressed for time in redistricting case."

In Tuesday's edition of The Wall Street Journal, Jess Bravin and Nathan Koppel will have an article headlined "Texas War On Districts Reaches High Court."

The San Antonio Express-News has an update headlined "Supreme Court struggles with Texas redistricting."

Maria Recio of The Fort Worth Star-Telegram reports that "Supreme Court considers Texas redistricting case."

Warren Richey of The Christian Science Monitor reports that "Supreme Court justices face tangled mess with Texas redistricting plan; Supreme Court justices heard oral arguments Monday over competing plans for redrawn legislative districts in Texas amid allegations the state Legislature was diluting Latino political power."

Tony Mauro of The National Law Journal reports that "In Texas Voting Rights Case, Court Chooses a Narrow Path."

Mike Sacks of The Huffington Post reports that "Texas Redistricting Case Risks Political Firestorm; Slowly Supreme Court Backs Away."

Ariane de Vogue of ABC News has a blog post titled "Supreme Court Hears Messy Texas Redistricting Case."

On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "Supreme Court Hears Texas Redistricting Case."

And online at Slate, Dahlia Lithwick has a Supreme Court dispatch entitled "Mess With Texas: The Supreme Court wrangles a runaway Texas redistricting case."
Posted at 10:52 PM by Howard Bashman



"Supreme Court decision could give California's 'Skid Row Stabber' his release": Michael Doyle of McClatchy Newspapers has this report.

And in Tuesday's edition of The Los Angeles Times, David G. Savage will have an article headlined "High court upholds ruling overturning 'Skid Row Stabber' verdicts; The U.S. 9th Circuit Court of Appeals had set aside Bobby Joe Maxwell's 1984 murder convictions because a key witness for the prosecution, a notorious jailhouse informant named Sidney Storch, had been exposed as a 'habitual liar.'"
Posted at 10:24 PM by Howard Bashman



"Justices Wrestle With Texas Voting Rights Case": Adam Liptak of The New York Times has this news update.

Todd J. Gillman of The Texas Morning News has an update headlined "Supreme Court signals willingness to further delay Texas primary."

Greg Stohr of Bloomberg News reports that "Texas Voting Rights Clash Puts High Court in Fray."

Bill Mears of CNN.com has a blog post titled "Justices hear appeal over Texas redistricting map."

And at "SCOTUSblog," Lyle Denniston has a post titled "A way out on Texas?"

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Perry v. Perez, No.11-713.
Posted at 05:03 PM by Howard Bashman



"Supreme Court appears to back landowners in clean water cases": James Vicini of Reuters has this report.

And Lawrence Hurley of Greenwire reports that "Justices sympathetic to Idaho landowners in wetlands dispute."
Posted at 04:57 PM by Howard Bashman



"Court: Super Bowl massacre letters weren't threats." Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 03:42 PM by Howard Bashman


"U.S. appeals court orders new trial for Refco lawyer": Reuters has this report.

And The Associated Press reports that "Ill. lawyer wins appeal in NY trial of $2.4B fraud."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 03:38 PM by Howard Bashman



"Supreme Court allows reversal of 'Skid Row Stabber' convictions": David G. Savage of The Los Angeles Times has this blog post.

And The Associated Press reports that "Court rejects Calif. appeal in Skid Row killings."

In connection with today's order of the U.S. Supreme Court denying certiorari in Cash v. Maxwell, No. 10-1548, Justice Sonia Sotomayor issued a statement respecting the denial of certiorari, while Justice Antonin Scalia issued a dissent in which Justice Samuel A. Alito, Jr. joined.
Posted at 03:27 PM by Howard Bashman



"Supreme Court critical of EPA wetland order against Idaho couple": David G. Savage of The Los Angeles Times has this blog post.

At "SCOTUSblog," Lyle Denniston has a post titled "A weak defense of EPA."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Sackett v. EPA, No. 10-1062.

Earlier, Warren Richey of The Christian Science Monitor previewed the oral argument in an article headlined "Supreme Court to hear case of dream home quashed by EPA; The Supreme Court on Monday will hear arguments in a case that shows the EPA is out of control, property-rights advocates say; Environmentalists say the couple involved is merely trying to scapegoat the EPA."
Posted at 03:20 PM by Howard Bashman



"Supreme Court backs foreigner campaign donation ban": James Vicini of Reuters has this report.

Greg Stohr of Bloomberg News reports that "Foreigners Rejected by U.S. High Court on Campaign Spending Ban."

The Associated Press reports that "High court backs foreign campaign contribution ban."

And Warren Richey of The Christian Science Monitor has an article headlined "Is new Supreme Court ruling a retreat from Citizens United? The Supreme Court upheld Monday a long-established provision of campaign finance law that seeks to prevent foreign interests from influencing domestic politics."
Posted at 03:15 PM by Howard Bashman



"Texas electoral maps at issue before Supreme Court": Mark Sherman of The Associated Press has this updated report.
Posted at 03:08 PM by Howard Bashman


"The biggest danger of Super PACs": Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this essay at CNN.com.
Posted at 03:06 PM by Howard Bashman


"Justices to ponder full First Amendment freedom for broadcasting": Tony Mauro has this news analysis online at the First Amendment Center.
Posted at 02:54 PM by Howard Bashman


"Hand-Wringing on Health Care: Supporters of Obama's health care act should stop second-guessing the way it was drafted." Simon Lazarus has this jurisprudence essay online at Slate.
Posted at 02:53 PM by Howard Bashman


"Suit by Conservative Sees Bias in Law School Hiring": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 02:47 PM by Howard Bashman


Programming note: I will be out of the office for a few hours to attend a funeral service in central New Jersey later this morning. Additional posts will appear here this afternoon.

"SCOTUSblog" is likely to provide timely coverage of this morning's U.S. Supreme Court Order List.
Posted at 09:34 AM by Howard Bashman



"Administration folds in immigration FOIA fight, admits error": Josh Gerstein has this blog post at Politico.com.
Posted at 09:30 AM by Howard Bashman


Sunday, January 8, 2012

"Fight Against EPA Orders Heads to Supreme Court": Jess Bravin will have this article Monday in The Wall Street Journal.
Posted at 10:44 PM by Howard Bashman


"Election year begins Monday at the Supreme Court": Robert Barnes will have this article Monday in The Washington Post.

Monday's edition of The Fort Worth Star-Telegram will contain an article headlined "Texas redistricting case hits U.S. Supreme Court on Monday."

And Warren Richey of The Christian Science Monitor reports that "Supreme Court to enter tangled Texas redistricting case; The Supreme Court on Monday will hear arguments over whether federal judges overstepped their authority when they revised state and congressional districts drawn by the Texas Legislature."
Posted at 10:37 PM by Howard Bashman



"The Sacketts and the Clean Water Act": This editorial will appear Monday in The New York Times.
Posted at 10:34 PM by Howard Bashman


"Supreme Court to consider broadcast standards": Joan Biskupic will have this article Monday in USA Today.

And Monday's edition of The Wall Street Journal will contain an article headlined "Crying Foul: Supreme Court to Hear Challenge to FCC Cussing Crackdown."
Posted at 10:33 PM by Howard Bashman



"Supreme Court case tests FCC's power to police TV indecency": Robert Barnes will have this article Monday in The Washington Post.
Posted at 09:06 PM by Howard Bashman


"Sullivan v. DB Investments - The Third Circuit Takes on the Supreme Court (and Itself)": Andrew J. Trask has this post at the "Class Action Countermeasures" blog.
Posted at 08:52 PM by Howard Bashman


"Obama, health care foes prepare for high court; Arguments about law likely to be heard in late March": The Washington Times has this news update.
Posted at 08:46 PM by Howard Bashman


"Texas electoral maps at issue before Supreme Court": Mark Sherman of The Associated Press has this report.

And Michael Kirkland of UPI has an article headlined "Under the U.S. Supreme Court: Administration, Texas crack heads in high court."
Posted at 09:40 AM by Howard Bashman



"Staunton suspect's case raises questions about police use of GPS": The News Leader of Staunton, Virginia contains this article today.
Posted at 08:32 AM by Howard Bashman


"Supreme Court to hear Texas redistricting case; Court expected to rule on which map to use, discuss Voting Rights Act": This article appears today in The Austin American-Statesman.

The San Antonio Express-News reports today that "Texas redistricting clash is back in a familiar venue; Monday won't be first time U.S. Supreme Court has heard similar arguments from the state."

And The Dallas Morning News reports that "Supreme Court hearing Texas redistricting case could take up Voting Rights Act, too."
Posted at 08:20 AM by Howard Bashman



"Arizona shootings: Year to honor Judge John Roll." The Arizona Republic contains this article today.
Posted at 08:11 AM by Howard Bashman


"Respected judge, litigator retires from the fray": This article appears today in The Philadelphia Inquirer.
Posted at 08:07 AM by Howard Bashman


Saturday, January 7, 2012

"My Guantanamo Nightmare": Lakhdar Boumediene will have this op-ed Sunday in The New York Times.
Posted at 10:30 PM by Howard Bashman


"Court reverses conviction of Super Bowl plotter; A man who sent a letter to news media explaining a planned shooting rampage at an Arizona stadium didn't violate a law against threatening people, an appeals panel rules": Carol J. Williams has this article today in The Los Angeles Times.

And The Arizona Republic reports today that "9th Circuit affirms conviction reversal in 2008 Super Bowl threat."
Posted at 10:24 PM by Howard Bashman



"Idaho couple heads to Supreme Court to defend home from EPA": Michael Doyle of McClatchy Newspapers has this report.
Posted at 10:18 PM by Howard Bashman


"Breyer wades into Supreme Court ethics debate": The Associated Press has this report.
Posted at 10:16 PM by Howard Bashman


"Argument preview: Texas, the courts, and minority voters." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 09:06 PM by Howard Bashman


"Study Challenges Supreme Court's Image as Defender of Free Speech": Adam Liptak will have this article Sunday in The New York Times.
Posted at 09:00 PM by Howard Bashman


"Sen. Menendez questions qualifications of federal magistrate": The Newark (N.J.) Star-Ledger contains this front page article today.

And The Philadelphia Inquirer reports today that "Menendez denies opposition to appointment is political payback."
Posted at 08:56 PM by Howard Bashman



"Debate Over Appointees Hinges On One Word: Recess." This audio segment appeared on today's broadcast of NPR's "Weekend Edition Saturday."
Posted at 01:15 PM by Howard Bashman


"When Property Rights, Environmental Laws Collide": Nina Totenberg had this audio segment on today's broadcast of "Weekend Edition Saturday."
Posted at 01:12 PM by Howard Bashman


"Jan. 8 victim recalled warmly as tireless, bighearted jurist": This article appears today in The Arizona Daily Star.

And today's broadcast of "Weekend Edition Saturday" contained an audio segment entitled "An Emotional Year After The Tucson Shooting."
Posted at 01:09 PM by Howard Bashman



"Senator Says His Concerns With Nominee Aren't Personal": The New York Times today contains an article that begins, "Senator Robert Menendez of New Jersey denied Friday that he was blocking an Obama administration nominee to a federal judgeship because of a grudge against her longtime companion, who led a corruption investigation of the senator during his tough election fight of 2006."
Posted at 12:57 PM by Howard Bashman


"Administration to high court: Congress acted within rights on health-care law." Robert Barnes has this article today in The Washington Post.

CNN.com reports that "White House, GOP senators file health care law arguments."

And National Journal reports that "U.S. Makes Its Case for Health Care Law."
Posted at 12:55 PM by Howard Bashman



Friday, January 6, 2012

"Court: Super Bowl massacre letters weren't threats." Bob Egelko of The San Francisco Chronicle has this news update.

My earlier coverage of today's en banc Ninth Circuit ruling appears here and here.
Posted at 09:00 PM by Howard Bashman



"Feds: Judge's ruling destroyed case against alleged leaker." Josh Gerstein has this blog post at Politico.com.
Posted at 08:25 PM by Howard Bashman


"New briefs preview Supreme Court clash over health care": The Washington Times has this news update.

Ariane de Vogue of ABC News has a blog post titled "Obama Administration Forcefully Defends Health Care Law's Individual Mandate."

And at "SCOTUSblog," Lyle Denniston has a post titled "Health care debate reopens."
Posted at 08:24 PM by Howard Bashman



"Supreme Court to rule on drug-sniffing dog case; Florida justices had ruled against the use of such dogs to detect marijuana at the door of a home without evidence of criminal activity; The high court will hear an appeal": David G. Savage will have this article Saturday in The Los Angeles Times.

And in Saturday's edition of The Washington Post, Robert Barnes will have an article headlined "Supreme Court to review use of drug-sniffing dog at the front door of a house."
Posted at 08:16 PM by Howard Bashman



"Texas election map fight goes before Supreme Court": James Vicini of Reuters has this report.
Posted at 06:20 PM by Howard Bashman


"Obama Administration Files Brief Defending Health Care Law Individual Mandate With Supreme Court": Mike Sacks of The Huffington Post has this report.
Posted at 05:52 PM by Howard Bashman


"Does drug dog sniff outside home violate privacy? Supreme Court takes case; The Supreme Court will examine a case in which a drug dog signaled the presence of narcotics after being brought to the door of a home; A warrant was obtained, and growing marijuana was found." Warren Richey of The Christian Science Monitor has this report.
Posted at 05:50 PM by Howard Bashman


"Jared Loughner's lonely world before attack": This front page article appears today in The Arizona Republic.

USA Today has a news update headlined "Anniversary of Giffords shooting in Arizona reopens wounds."

And The Associated Press reports that "Trial not likely for Jared Lee Loughner in 2012."
Posted at 05:47 PM by Howard Bashman



"Gov't defends core of health care overhaul": Mark Sherman of The Associated Press has a report that begins, "The Obama administration defended the health care overhaul in a filing Friday with the Supreme Court that calls the law an appropriate response to a 'crisis in the national health care market.'"

James Vicini of Reuters reports that "Obama lawyers defend healthcare law in Supreme Court."

And Greg Stohr of Bloomberg News reports that "Obama Lawyers Defend Health-Care Law at U.S. High Court."
Posted at 05:28 PM by Howard Bashman



"David Wecht sworn in as Superior Court judge": This article appeared yesterday in The Pittsburgh Tribune-Review.
Posted at 04:38 PM by Howard Bashman


"Oracle can't appeal SAP order right away-judge": Dan Levine of Reuters has this report.
Posted at 04:26 PM by Howard Bashman


"Big business backs David against EPA's Goliath in wetlands fight": Lawrence Hurley of Greenwire has this report.
Posted at 04:20 PM by Howard Bashman


"U.S. files brief": The "aca litigation blog" has this post and provides this link to the federal government's brief filed today in the U.S. Supreme Court in defense of the federal healthcare mandate.
Posted at 04:17 PM by Howard Bashman


"Court tosses conviction for Super Bowl threats": Terry Baynes of Reuters has this report.

My earlier coverage of today's en banc Ninth Circuit ruling appears at this link.
Posted at 04:13 PM by Howard Bashman



"So much for Plan B: Kaplan denies Chevron attachment motion." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.

And The Associated Press reports that "NY judge declines to halt $18B Ecuadorean judgment."
Posted at 04:03 PM by Howard Bashman



"Blackwater suit ends 7 years after Fallujah deaths": The Associated Press has this report.
Posted at 03:24 PM by Howard Bashman


"Chevron's Bid to Block Ecuadorean Asset Collection Denied": Bloomberg News has this report.
Posted at 02:48 PM by Howard Bashman


"Drug-Sniffing Dog Will Get His Day At U.S. Supreme Court": Mike Sacks of The Huffington Post has this report.

And Greg Stohr of Bloomberg News reports that "Drug-Sniffing Dogs Bring U.S. High Court Scrutiny in Search-Warrant Case."
Posted at 02:18 PM by Howard Bashman



En banc Ninth Circuit holds that death threats addressed to corporations aren't illegal because corporations aren't people for purposes of the federal criminal statute at issue: You can access today's 64-page ruling of an 11-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit at this link. The ruling consists of a majority opinion, a concurring opinion, two opinions concurring in part and dissenting in part, and a dissenting opinion.

The original three-judge panel's divided opinion in this case issued in August 2010 while I was away on vacation, and thus this blog's archives lack any coverage of that ruling. At that time, Carol J. Williams of The Los Angeles Times had an article headlined "9th Circuit overturns conviction of man who made Super Bowl threats; The panel found that Kurt Havelock wasn't guilty of mailing threatening communications to any individual person when he sent letters to media organizations saying he planned to kill fans in 2008." Warren Richey of The Christian Science Monitor reported that "Manifesto in aborted Super Bowl rampage was not criminal, court rules; In a case involving a planned and then abandoned shooting spree at the 2008 Super Bowl, a federal appeals court ruled Monday that the would-be shooter's manifesto -- mailed to the media -- was not criminal because it was not personal." And David Kravets had a post titled "Court: Death Threats Addressed to Corporations Aren't Illegal" at Wired.com's "Threat Level" blog.
Posted at 02:07 PM by Howard Bashman



"Bob Menendez denies judge block reports": Politico.com has this report.
Posted at 01:50 PM by Howard Bashman


In today's mail: A copy of the book "Constitution 3.0: Freedom and Technological Change," an anthology edited by Jeffrey Rosen and Benjamin Wittes.
Posted at 01:45 PM by Howard Bashman


"Supreme Court to decide drug-detecting dog sniff case": James Vicini of Reuters has this report.

The Associated Press reports that "Court to hear case of Franky the drug dog."

And at "SCOTUSblog," Lyle Denniston has a post titled "Two new cases granted."

You can access today's Order List of the U.S. Supreme Court at this link.
Posted at 01:35 PM by Howard Bashman



Second Circuit launches New Year's offensive to be the most efficient federal appellate court in disposing of pending cases: A longtime reader emails:
We all get some dates wrong when the year changes, and sometimes they lead to amusing results. Today's decision from the Second Circuit, for example, was argued December 13, 2012, and decided on January 6, 2012. Must be a new record!
You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. Not surprisingly, this extreme example of judicial efficiency is attributed to Judge "Per Curiam."

Update: A version of the opinion with the oral argument date corrected can now be accessed here.
Posted at 11:14 AM by Howard Bashman



Is that 700 Oxycodone pills in your underwear or are you just happy to see me? In today's edition of The San Francisco Chronicle, Bob Egelko has an article headlined "Court OKs airport groin searches for drugs."

And SeattlePI.com reports that "Court OKs Sea-Tac crotch search; Passenger arrested with 700 Oxycodone pills in undies."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:38 AM by Howard Bashman



"WikiLeaks Supporters Lose Court Bid to Protect Twitter Records": Kim Zetter has this post at Wired.com's "Threat Level" blog.
Posted at 10:16 AM by Howard Bashman


"SJC orders state to cover legal immigrants": Today's edition of The Boston Globe contains an article that begins, "Massachusetts lawmakers must quickly come up with about $150 million to provide health insurance to tens of thousands of legal immigrants, after the state's highest court ruled yesterday that they were illegally excluded from subsidized coverage available to other residents."

Today's edition of The Boston Herald contains an article headlined "Court: Legal immigrants qualify for health care."

The Associated Press reports that "Massachusetts cannot prevent thousands of legal immigrants from joining Commonwealth Care, court rules."

And Northeastern University has issued a news release headlined "SJC rules for legal immigrants represented by Northeastern professor in health coverage case."

You can access yesterday's ruling of the Supreme Judicial Court of Massachusetts at this link.
Posted at 10:05 AM by Howard Bashman



"State Supreme Court to rule on time limits in molestation cases; During oral arguments at the California Supreme Court, several justices appear skeptical about allowing flexible deadlines for lawsuits against those who knew about abuse and didn't stop it": Maura Dolan has this article today in The Los Angeles Times.
Posted at 09:57 AM by Howard Bashman


"Families of dead Blackwater contractors settle suit": This article appears today in The Virginian-Pilot.
Posted at 09:55 AM by Howard Bashman


"Texas Case Could Lead to changes in Voting Rights Act": Ariane de Vogue of ABC News has this report.

And yesterday in The Fort Worth Star-Telegram, columnist Linda P. Campbell had an op-ed entitled "Texas redistricting brief argues for demise of Voting Rights Act."
Posted at 09:52 AM by Howard Bashman



"W.House mum over possible appointment legal advice": Reuters has a report that begins, "The White House on Thursday refused to say whether lawyers at the U.S. Justice Department gave the green light to President Barack Obama's controversial appointments to two agencies but experts said the department almost certainly did provide advice."

And online at The Weekly Standard, Adam J. White has a lengthy blog post titled "An Unconstitutional Appointment to an Unconstitutional Office."

Update: At "The Volokh Conspiracy," Jonathan H. Adler links to additional commentary in a post titled "Recess Appointment Round-Up."
Posted at 09:12 AM by Howard Bashman



"After Ontario Superior Court judge's slip-up, appeal seeks new trial for 'Mr. Guilty'": In today's edition of The Toronto Globe and Mail, Kirk Makin has an article that begins, "Shortly before a Toronto jury left the courtroom to start deliberations at Prinze Wilson's cocaine-trafficking trial last spring, Madam Justice Faye McWatt of the Ontario Superior Court stressed the need to respect his presumption of innocence. 'It is only defeated if, and when, Crown counsel has satisfied you beyond a reasonable doubt that Mr. Guilty -- I'm sorry, that Mr. Wilson -- is guilty of the crime charged,' Judge McWatt said."
Posted at 09:10 AM by Howard Bashman


"Sen. Menendez blocking federal judge's appointment to powerful court of appeals": The Newark (N.J.) Star-Ledger has this news update.
Posted at 09:08 AM by Howard Bashman


"Sept. 11 Case A Litmus Test For Military Commissions": This audio segment appeared on yesterday evening's broadcast of NPR's "All Things Considered."
Posted at 07:58 AM by Howard Bashman


"State's top court refuses to hear Apple's tax case": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 07:56 AM by Howard Bashman


"Nicole Richie's Cursing May Spur Top Court to Free Broadcasters": Greg Stohr of Bloomberg News has this report.
Posted at 07:55 AM by Howard Bashman


Thursday, January 5, 2012

"Gableman should have recused himself from cases; State Supreme Court Justice Michael Gableman's relationship with a law firm raised enough questions to warrant recusal in some cases": This editorial will appear Friday in The Milwaukee Journal Sentinel.

The newspaper will also contain an op-ed by Rick Esenberg entitled "Critics of Gableman haven't made their case."
Posted at 10:52 PM by Howard Bashman



"Lawyers, courts see weaknesses in defense of Obama's healthcare law": Sam Baker has this blog post online at The Hill.
Posted at 10:37 PM by Howard Bashman


"Judicial Ethics and the Supreme Court": This editorial will appear Friday in The New York Times.
Posted at 10:30 PM by Howard Bashman


"SCOTUS expected to weigh Montana campaign finance appeal": Politico.com has this report.
Posted at 10:28 PM by Howard Bashman


"Supreme Court to examine Texas redistricting": Joan Biskupic will have this article Friday in USA Today.
Posted at 10:22 PM by Howard Bashman


"Argument preview: 4-letter words and TV, Round II." Lyle Denniston has this post this evening at "SCOTUSblog."
Posted at 10:18 PM by Howard Bashman


"Foreign Money Swaying U.S. Voters?" You can access this "Room for Debate" discussion online at The New York Times.
Posted at 10:12 PM by Howard Bashman


"In Act of Defiance, Democrat Stalls Obama Choice for Court": Friday's edition of The New York Times will contain an article that begins, "When a Democratic president nominates a federal judge from a state with two Democratic senators -- and the Senate itself is controlled by Democrats -- a speedy confirmation hearing typically follows."
Posted at 10:06 PM by Howard Bashman


"Louboutin red-sole trademark case: color war at the 2nd Circuit!" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 05:20 PM by Howard Bashman


"CA court mulls window for old clergy abuse claims": The Associated Press has an updated report that begins, "California's highest court heard a precedent-setting case Thursday that could expose Roman Catholic dioceses in the state to another round of clergy abuse lawsuits."
Posted at 05:03 PM by Howard Bashman


"Feds Want Judge to Force Suspect to Give Up Laptop Password": David Kravets has this post today at Wired.com's "Threat Level" blog.
Posted at 05:00 PM by Howard Bashman


"Reversal of Fortune: A crusading lawyer helped Ecuadorans secure a huge environmental judgment against Chevron; But did he go too far?" I'm pleased to report that The New Yorker is now providing free access to the full text of this article, written by Patrick Radden Keefe, which appears in the January 9, 2012 issue of that magazine.
Posted at 04:05 PM by Howard Bashman


"Rick Santorum Jokes About Sending Ninth Circuit Judges To Guam": Amanda Terkel of The Huffington Post has this report.
Posted at 04:00 PM by Howard Bashman


"With Ecuadorean plaintiffs poised to collect, Chevron has Plan B": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 02:57 PM by Howard Bashman


"Chief Justice John Roberts' Defense Of Supreme Court Ethics Doesn't Soothe Critics": Mike Sacks of The Huffington Post has this report.
Posted at 02:17 PM by Howard Bashman


Jill Pryor to join Bill Pryor on the Eleventh Circuit? In today's edition of The Fulton County Daily Report, Alyson M. Palmer has an article headlined "ABA vets Pryor for seat on 11th Circuit; Bondurant partner seems to be White House's latest pick for long-vacant seat."

The prior Judge Pryor is the subject of a short article written by Mary Orndorff posted online today at The Birmingham News headlined "Dispute over presidential appointments recalls Bill Pryor's case."

But why stop at two judge Pryors? If the current President or his successor were to appoint Chief U.S. District Judge Julie E. Carnes of the Northern District of Georgia to the Eleventh Circuit, that court could then also have two Judge Carnes-es (hyphen optional).
Posted at 02:14 PM by Howard Bashman



"State Supreme Court returns juvenile court to county control": The Citizens' Voice of Wilkes-Barre, Pennsylvania has a news update that begins, "The judge appointed by the state Supreme Court to review the workings of Luzerne County's juvenile court system in the wake of the kids-for-cash scandal has finished his work and complete control of system has been returned to the county court, the Supreme Court announced in an order issued today."

You can access today's order of the Supreme Court of Pennsylvania at this link.
Posted at 02:01 PM by Howard Bashman



"High court: State isn't fully funding education." The Seattle Times has a news update that begins, "In a highly anticipated court ruling released Thursday morning, the Washington State Supreme Court agreed the state is failing to meet its constitutional duty to fully fund education and said it would 'retain jurisdiction' to make sure the Legislature does so."

Today's ruling of the Washington State Supreme Court consists of a majority opinion and an opinion concurring in part and dissenting in part.
Posted at 12:04 PM by Howard Bashman



"A warning about paywalls when relying on social science evidence in defending the constitutionality of a law": The blog "walshslaw" has this post discussing a recent Fourth Circuit ruling.

And while I'm on the subject of paywalls, yesterday Clay Shirky had a very interesting post titled "Newspapers, Paywalls, and Core Users" (via David Carr's Twitter feed).
Posted at 11:56 AM by Howard Bashman



"Sherrilyn Ifill's The Chief Strikes Out": Law professor Sherrilyn Ifill -- with whom I served as a co-panelist at this past summer's Fourth Circuit Judicial Conference -- has this guest post at "Concurring Opinions."
Posted at 10:54 AM by Howard Bashman


"Motion for New Trial in Obsidian Finance Group, LLC v. Cox": Eugene Volokh has this post at "The Volokh Conspiracy." You can access the motion for a new trial at this link.
Posted at 09:26 AM by Howard Bashman


"Gableman's lapses demand reopening of bargaining case": The Capital Times of Madison, Wisconsin has this editorial.
Posted at 09:17 AM by Howard Bashman


"Former SJC chief to resume private practice, teach": The Boston Globe has this report.
Posted at 09:12 AM by Howard Bashman


"Malone has most cash in chief justice race; Graddick top fundraiser": This article appears today in The Montgomery (Ala.) Advertiser.
Posted at 09:00 AM by Howard Bashman


"Broadcasters take on FCC indecency rules in Supreme Court showdown": The Los Angeles Times has this blog post.
Posted at 08:56 AM by Howard Bashman


"Supreme Court likely to decide on Montana's corporate campaign spending ban": This article appears today in The Missoulian.
Posted at 08:52 AM by Howard Bashman


"CA court to mull expiration date for clergy abuse": The Associated Press has a report that begins, "California's highest court is hearing a precedent-setting case that could expose California's Roman Catholic dioceses to another round of clergy abuse lawsuits."
Posted at 08:47 AM by Howard Bashman


"Court Restores $28 Mil. Punitives Award in HRT Case": In today's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers, Amaris Elliott-Engel has this article in which I am quoted. I presented the appellate oral argument on the plaintiff's behalf in the case that is the subject of the article's headline.

My earlier coverage of the two related rulings (Kendall v. Wyeth, Inc. and Barton v. Wyeth Pharmaceuticals, Inc.) that the Pa. Superior Court issued on Tuesday can be accessed here and here.
Posted at 08:45 AM by Howard Bashman



Wednesday, January 4, 2012

"Justice Gableman should remain on redistricting case, GOP group argues": The Milwaukee Journal Sentinel has this blog post.
Posted at 11:03 PM by Howard Bashman


"Does the First Amendment protect your right to speak for a living?" Clark Neily and Paul Sherman have this essay online at The National Law Journal.
Posted at 11:00 PM by Howard Bashman


"Argument preview: Jousting with the EPA." Lyle Denniston has this post at "SCOTUSblog."
Posted at 10:55 PM by Howard Bashman


"Judicial Qualifications Commission wants future jurisdiction for former Judge Paul Hawkes": The Tampa Bay Times has a news update that begins, "On his way out the courthouse door Wednesday, 1st District Court Judge Paul Hawkes was told by the Judicial Qualifications Commission that they'll be waiting if he ever tries to be a judge again."
Posted at 10:52 PM by Howard Bashman


"Health-Law Opponents Try to Add Plaintiffs to Lawsuit": In Thursday's edition of The Wall Street Journal, Jess Bravin and Emily Maltby will have an article that begins, "A small-business group fighting President Barack Obama's health-care law asked the Supreme Court on Wednesday to add two plaintiffs to its lawsuit after possible problems arose with an initial plaintiff."
Posted at 10:48 PM by Howard Bashman


"Court records: Lethal injection drug was not for sale." The Lincoln Journal Star has a news update that begins, "The lethal-injection drug that Nebraska recently bought was meant to be used for 'test and evaluation' purposes in Zambia only and was not supposed to be sold, according to documents filed Wednesday with the Nebraska Supreme Court."

And The Omaha World-Herald has a news update headlined "Death-row inmate files motion with Neb. Supreme Court."
Posted at 10:40 PM by Howard Bashman



"John Roberts on Ethics: Move Along, Nothing to See Here." Nan Aron has this essay online at The Huffington Post.
Posted at 10:34 PM by Howard Bashman


"Court tosses honest-services fraud conviction": Terry Baynes of Reuters has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 09:07 PM by Howard Bashman


"In Montana, Corporations Aren't People: Can Montana get away with defying the Supreme Court on Citizens United?" Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:46 PM by Howard Bashman


"What is a recess? Constitution doesn't specify." The Associated Press has a report that begins, "The Constitution lets presidents make temporary appointments while the Senate is in recess but does not specify what a recess is or how long one must last before that power can be exercised."
Posted at 05:35 PM by Howard Bashman


In Bashman news from Zimbabwe: The web site My Zimbabwe reports that "Thieves in Bulawayo thoroughly bash man until he almost died, so they could steal his R5 coin."
Posted at 04:08 PM by Howard Bashman


The electorate has spoken: The results of the online popularity contest that accompanied the "The 5th Annual ABA Journal Blawg 100" are now available online via this link.

Despite a complete absence of any campaigning, I'm pleased to report that "How Appealing" finished second in the voting in its newly assigned category -- "Trial Practice" blogs. Perhaps next year the ABA Journal will see fit to provide appellate-related blogs with their own category for purposes of voting.
Posted at 02:07 PM by Howard Bashman



"Pfizer Must Pay $45 Million in Prempro Cases, Pennsylvania Court Rules": Jef Feeley of Bloomberg News has this report.

My earlier post, which contains links to the appellate court's rulings, can be accessed here.
Posted at 01:50 PM by Howard Bashman



"Western Populism and Corporate Electioneering: The Montana Supreme Court." Richard Pildes has this post at the "Election Law Blog."
Posted at 11:52 AM by Howard Bashman


"'Citizens United' Backlash: Montana Supreme Court Upholds State's Corporate Campaign Spending Ban." Mike Sacks of The Huffington Post has this report.
Posted at 11:33 AM by Howard Bashman


"AP sources: Obama bucks GOP, OKs consumer watchdog." The Associated Press has a report that begins, "In a defiant display of executive power, President Barack Obama on Wednesday will buck GOP opposition and name Richard Cordray as the nation's chief consumer watchdog even though the Senate contends the move is inappropriate, senior administration officials told The Associated Press."

Politico.com reports that "W.H. attorneys clear Cordray nomination."

At WSJ.com's "Washington Wire" blog, Laura Meckler has a post titled "White House Concludes It Can Appoint Cordray."

And Alexander Bolton of The Hill reports that "Obama under strong pressure to break precedent on recess appointments."
Posted at 10:09 AM by Howard Bashman



"Rent Control Hits the Supreme Court: Private apartment owners should not have to fund a public welfare program." Law professor Richard A. Epstein has this op-ed today in The Wall Street Journal. You can freely access the full text of the op-ed via Google News.
Posted at 09:00 AM by Howard Bashman


"Gingrich off base on the judiciary": U.S. Senator Scott Brown (R-MA) has this op-ed today in The Boston Globe.
Posted at 08:50 AM by Howard Bashman


"Margaret H. Marshall, former SJC chief justice, to restart law practice at Choate Hall & Stewart": The Boston Globe has this news update. The law firm has issued this news release today.
Posted at 08:44 AM by Howard Bashman


"State Supreme Court refuses to hear appeal of woman who hosted parties for teens": This article appears today in The Orlando Sentinel.

And The St. Augustine (Fla.) Record reports today that "House party mom loses appeal, jailed; Santarelli sentenced to 364 days in jail."
Posted at 08:40 AM by Howard Bashman



"Montana Supreme Court upholds election spending limits; The high court upholds the state's century-old corporate contribution limits, a rebuff of the U.S. Supreme Court decision that allowed businesses to spend as freely as individuals in campaigns": The Los Angeles Times contains this article today.

And today's edition of The Helena Independent Record contains an editorial entitled "High court stood up for disclosure."
Posted at 08:35 AM by Howard Bashman



"'A Very Likely Miscarriage of Justice'": This editorial appears today in The New York Times.
Posted at 08:32 AM by Howard Bashman


"Chevron Bid to Dismiss $18 Billion Judgment Rejected in Ecuador": Bloomberg News has this report.

The Associated Press reports that "Ecuador court upholds ruling against Chevron."

And Reuters reports that "Ecuador court upholds $18 bln ruling against Chevron."

In somewhat related coverage, the January 9, 2012 issue of The New Yorker contains an article by Patrick Radden Keefe headlined "Reversal of Fortune: A crusading lawyer helped Ecuadorans secure a huge environmental judgment against Chevron; But did he go too far?" The full text of that article, however, is not yet freely available online.
Posted at 08:24 AM by Howard Bashman



Tuesday, January 3, 2012

"Let Noncitizens Contribute to U.S. Elections": In Wednesday's edition of The New York Times, Paul Sherman will have an op-ed that begins, "On Friday the United States Supreme Court will meet to decide whether to hear Bluman v. F.E.C., a First Amendment challenge to a federal law that prohibits noncitizens living in the United States (but who don't have green cards) from making contributions to American political candidates or from spending money on independent speech to influence elections."
Posted at 10:50 PM by Howard Bashman


"Disgraced journalist makes his case to court": Bob Egelko of The San Francisco Chronicle has a news update that begins, "Lawyers for disgraced journalist Stephen Glass told California's highest court Tuesday that the State Bar is unfairly demanding 'sackcloth, ashes and a vow of poverty' for Glass to demonstrate that he is morally qualified to practice law."

The Associated Press reports that "Disgraced journalist makes his case to Calif court."

And at the "Am Law Daily" blog, Scott Graham has a post titled "Pressing Bar Admission Fight, Notorious Fabulist Stephen Glass Hires High-Profile Appellate Team." The blog has posted at this link the supplemental brief filed today on Glass's behalf.
Posted at 10:34 PM by Howard Bashman



"Montana Tests Supreme Court Political-Spending Ruling": Jess Bravin will have this article Wednesday in The Wall Street Journal. You can freely access the full text of the article via Google News.

My earlier coverage of the Montana Supreme Court's ruling appears here and here.
Posted at 09:00 PM by Howard Bashman



In appeal that I orally argued on the plaintiff's behalf in April 2011, the Pa. Superior Court today has reinstated a $28 million punitive damages award in favor of woman whose breast cancer was caused by ingesting hormone replacement therapy medications: You can access today's ruling of the Superior Court of Pennsylvania in Kendall v. Wyeth, Inc. at this link. My earlier coverage appears here.

The ruling in the Kendall case is one of two related HRT punitive damages rulings that the Pa. Superior Court issued today. The other decision issued in Barton v. Wyeth Pharmaceuticals, Inc., a case that I did not argue on appeal, and you can access that ruling at this link.
Posted at 05:14 PM by Howard Bashman



"A Federal Judge Responds Defiantly to Chief Justice Roberts; There is a growing gulf between the Supreme Court justices and the rank-and-file federal judges who decide the merits of tens of thousands of cases each year": Andrew Cohen has this post online at The Atlantic.
Posted at 04:10 PM by Howard Bashman


"Second Guesses: When criminal defendants attack their trial lawyers' competence." Lawrence Hurley has this article in the January 2012 issue of California Lawyer magazine.
Posted at 11:54 AM by Howard Bashman


"Decided by a nose? Court ponders drug dog's sniff." The Associated Press has this report. We are now only one post away from hitting the otorhinolaryngology trifecta.
Posted at 11:27 AM by Howard Bashman


"Ear candles" on appeal: Sadly, it took until the year 2012 for me to learn that placing a burning candle into one's ear happens to be something. (See, e.g., "Late Show with David Letterman" skit titled "Is this Anything?")

Today; the U.S. Court of Appeals for the D.C. Circuit issued an opinion that begins, "Ear candles are hollow tubes made of fabric soaked in beeswax or paraffin; a user places one end in his ear and sets the other on fire with an open flame." Additional information on the practice can be found in this Wikipedia entry.
Posted at 10:48 AM by Howard Bashman



"California's death penalty: Unusual but not cruel; Capital punishment in California should be streamlined, not abolished." Charles Johnson has this op-ed today in The Los Angeles Times.
Posted at 09:48 AM by Howard Bashman


"N.C. Supreme Court justice is also a farmer": This article appears today in The Salisbury (N.C.) Post.
Posted at 09:28 AM by Howard Bashman


"Juries must answer death penalty question for mentally disabled; Pennsylvania court decision sets method to implement landmark U.S. Supreme Court ruling": Peter Hall has this article today in The Allentown Morning Call.

My earlier coverage of the ruling appears at this link.
Posted at 09:24 AM by Howard Bashman



"Supreme Court: The recusal question; If justices recuse themselves from a case, or refuse to do so when asked, an explanation is warranted." This editorial appears today in The Los Angeles Times.
Posted at 09:22 AM by Howard Bashman


Monday, January 2, 2012

"Irrationality in Deportation Law": Tuesday's edition of The New York Times will contain an editorial that begins, "A stinging opinion by Justice Elena Kagan for a unanimous Supreme Court reinforced last month a message that lower courts have been sending for many years: the law applied in immigration cases too often fails to meet the standards of justice."
Posted at 10:25 PM by Howard Bashman


"Supreme Court takes up property rights dispute; In a cause celebre for the right, an Idaho couple seeks a hearing on an EPA warning that a dry lot for their dream home is protected 'wetlands'": David G. Savage will have this article Tuesday in The Los Angeles Times.
Posted at 10:22 PM by Howard Bashman


"Turf battle between legislature, judiciary lies on horizon in Tenn." This article will appear Tuesday in The Tennessean.
Posted at 10:20 PM by Howard Bashman


"Three Campaign-Finance Lawsuits On the Heels of 'Citizens'": Marcia Coyle of The National Law Journal has this report.
Posted at 08:50 PM by Howard Bashman


"Obama and the definition of 'recess'": Politico.com has a report that begins, "President Barack Obama's ability to jam through appointments during the congressional break depends on one big factor: What the definition of 'recess' is."
Posted at 08:33 PM by Howard Bashman


"Citizen Bopp: Meet the lawyer on a crusade to topple all limits on the role of money in politics." Viveca Novak has this lengthy profile online at The American Prospect.
Posted at 08:30 PM by Howard Bashman


"U.S. Supreme Court may put off ruling on health-care law": The Palm Beach Post contains this article today.
Posted at 08:06 PM by Howard Bashman


"US High Court to hold first full hearing on CNMI case; At issue: Compensation for interpreters." This article appears in Tuesday's edition of The Saipan Tribune.
Posted at 08:02 PM by Howard Bashman


"Supreme Court case involving Idaho lake house ignites conservative cause against EPA": Robert Barnes will have this article Tuesday in The Washington Post.
Posted at 07:48 PM by Howard Bashman


"The Grinch who stole the federal courts' Christmas": Law professor Carl Tobias had this op-ed yesterday in The San Jose Mercury News.
Posted at 04:00 PM by Howard Bashman


"High court to hear environmental case from Idaho": Mark Sherman of The Associated Press has this report.
Posted at 11:07 AM by Howard Bashman


Sunday, January 1, 2012

"Facts? We Don't Need No Stinking Facts: The Montana Supreme Court, SCOTUS, and Citizens United." Rick Hasen has this post today at his "Election Law Blog."

My earlier coverage of the Montana Supreme Court's ruling appears at this link.
Posted at 10:52 PM by Howard Bashman



"The Supreme Court can't be absolute": Columnist Jeff Jacoby has this op-ed today in The Boston Globe.
Posted at 10:50 PM by Howard Bashman


"Judging the Judges: Nevada Supreme Court Justices say they take criticism, comments to heart." The Las Vegas Review-Journal contains this article today.
Posted at 10:48 PM by Howard Bashman


"A New Year's Forecast For The Health Care Bill": This audio segment (transcript with link to audio) appeared on today's broadcast of NPR's "Weekend Edition Sunday."
Posted at 10:47 PM by Howard Bashman


"Cuts threaten death row cases": Bill Rankin has this article today in The Atlanta Journal-Constitution.
Posted at 10:40 PM by Howard Bashman


"Parental notification law on abortion takes effect today": This article appears today in The New Hampshire Union Leader.
Posted at 10:34 PM by Howard Bashman


"Value of Gableman's legal services disputed; His attorney says they weren't free, but legal scholars disagree": In today's edition of The Milwaukee Journal Sentinel, Patrick Marley has an article that begins, "The new attorney for state Supreme Court Justice Michael Gableman contends the justice did not receive free legal services from a law firm even though Gableman ran no risk of having to pay those bills -- a viewpoint that drew sharp disagreement from some lawyers and legal scholars."
Posted at 10:32 PM by Howard Bashman


"'Super PACs' are showing their power; Early activity in the race for the GOP nomination heralds a transformation across the country since a Supreme Court decision lifted the limits on individual and corporate donations to independent political groups": This article appears today in The Los Angeles Times.
Posted at 10:30 PM by Howard Bashman


"Under the U.S. Supreme Court: Gingrich threats a dark omen for courts?" UPI has this report.
Posted at 10:25 PM by Howard Bashman


"Chief Justice Defends Peers on Health Law": Adam Liptak has this front page article today in The New York Times.

Additional coverage appears two posts below.
Posted at 09:18 AM by Howard Bashman







Related Blogs