How Appealing

Wednesday, February 29, 2012

"Ex-cops convicted in Pa. cover-up case lose appeal": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 10:09 PM by Howard Bashman


"Court extends NYC church access to public schools": The Associated Press has a report that begins, "A federal appeals court on Wednesday rejected an attempt by New York City to keep churches out of its public schools while a judge decides whether a city law banning them from its school buildings can be enforced."

And Bloomberg News reports that "New York City's Bid to Halt Worship in Schools Rejected by Federal Court."
Posted at 09:04 PM by Howard Bashman



"Federal Circuit Nominee Faces Tough Questions During Senate Hearing": At "The BLT: The Blog of Legal Times," Todd Ruger has a post that begins, "D.C. lawyer Richard Taranto, nominated for a slot on the U.S. Court of Appeals for the Federal Circuit, handled some tough questioning during a Senate Judiciary Committee hearing Wednesday over his views on the Defense of Marriage Act and whistleblower litigation."
Posted at 08:57 PM by Howard Bashman


"Supreme Court appears split on Indy sewer tax case": The Indianapolis Star has a news update that begins, "The U.S. Supreme Court appeared split Wednesday over whether Indianapolis treated some homeowners fairly when it forgave the outstanding debt their neighbors owed for sewer hookups."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: That old slippery slope -- again."

You can access the transcript of today's U.S. Supreme Court oral argument in Armour v. Indianapolis, No. 11-161, at this link. Mark T. Stancil argued for the petitioners, and Paul D. Clement argued for the respondents.
Posted at 08:55 PM by Howard Bashman



"Chief U.S. District Judge sends racially charged email about president": The Great Falls (Mont.) Tribune has this news update.
Posted at 08:47 PM by Howard Bashman


"Court OKs warrantless cell phone search": Terry Baynes of Reuters has this report.

And at "The Volokh Conspiracy," Orin Kerr has a post titled "Judge Posner on Searching a Cell Phone Incident to Arrest."

My earlier coverage of today's Seventh Circuit ruling appears at this link.
Posted at 08:44 PM by Howard Bashman



"Constitutional Showdown Voided: Feds Decrypt Laptop Without Defendant's Help." David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 08:33 PM by Howard Bashman


"Minority groups object to new Texas political maps": The Associated Press has this report.
Posted at 05:11 PM by Howard Bashman


"Panel Upholds $17 Mil. Judgment in Warehouse Accident": Amaris Elliott-Engel has this front page article, in which I am mentioned, in today's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.

My earlier coverage of the Pa. Superior Court's recent ruling in this case, in which I wrote the Brief for Plaintiff/Appellee, can be accessed here.
Posted at 05:07 PM by Howard Bashman



"Bad Marriage: Why the Supreme Court should stay out of affirmative action." Richard Thompson Ford has this jurisprudence essay online at Slate.

This blog's earlier Bad Marriage coverage -- from 2006 and 2004 -- can be accessed here and here.
Posted at 04:17 PM by Howard Bashman



"EPA's Greenhouse Gas Rules Are Illegal, Opponents Tell Appeals Court Panel": Bloomberg News has this report.
Posted at 04:09 PM by Howard Bashman


"Judge Grants Summary Judgment to Tobacco Companies in Graphic Labels Case": At "The BLT: The Blog of Legal Times," Zoe Tillman has this post reporting on an opinion and order that the U.S. District Court for the District of Columbia issued today.

In other coverage, The Associated Press reports that "Judge blocks graphic images on cigarette packages."

And Reuters has a report headlined "U.S. judge-Tobacco health labels violate free speech."
Posted at 03:40 PM by Howard Bashman



"Court Wary of Torture Cases; Conservative Justices Suggest Foreign Organizations Can't Be Sued in the U.S." Jess Bravin has this article today in The Wall Street Journal.
Posted at 02:24 PM by Howard Bashman


"Alabama's immigration policy heads to court": Terry Baynes of Reuters has this report on a case to be argued tomorrow in the U.S. Court of Appeals for the Eleventh Circuit.

And The Associated Press reports that "Challenges to AL and GA immigration laws in court."
Posted at 02:17 PM by Howard Bashman



"NY lawyer Lynne Stewart asks court to reconsider sentence": Reuters has a report that begins, "Comments made by New York lawyer Lynne Stewart should not have been used to increase her prison term, Stewart's attorneys told the 2nd U.S. Circuit Court of Appeals on Wednesday."

And Bloomberg News reports that "Lawyer Stewart Claims Terror Sentence Punishes Free Speech."
Posted at 02:14 PM by Howard Bashman



"This appeal requires us to consider the circumstances in which the search of a cell phone is permitted by the Fourth Amendment even if the search is not authorized by a warrant." So begins an interesting opinion that Circuit Judge Richard A. Posner issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.

And in somewhat related news, you can now access online via this link video from the 2012 symposium of the Stanford Law Review, titled "The Privacy Paradox: Privacy and Its Conflicting Values." Ninth Circuit Chief Judge Alex Kozinski delivered the keynote address, which you can view online via this link.
Posted at 12:50 PM by Howard Bashman



"Obama makes a play for Scalia": Politico.com has a report that begins, "The Obama administration needs to win over at least one conservative Supreme Court justice to save its health care reform law and it's pulling out the stops to get one."
Posted at 12:26 PM by Howard Bashman


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

Justice Clarence Thomas delivered the opinion of the Court in Kurns v. Railroad Friction Products Corp., No. 10-879. Justice Elena Kagan issued a concurring opinion. And Justice Sonia Sotomayor issued an opinion concurring in part and dissenting in part, in which Justices Ruth Bader Ginsburg and Stephen G. Breyer joined. You can access the oral argument via this link.
Posted at 10:04 AM by Howard Bashman



"Supreme Court Debates Rights Case Aimed at Corporations": Adam Liptak has this article today in The New York Times.

Today in The Los Angeles Times, David G. Savage reports that "Supreme Court appears to back corporations in torture cases; Conservative justices indicate that multinational firms and political groups should be shielded from lawsuits in the U.S. over atrocities overseas."

And yesterday evening's broadcast of The PBS NewsHour contained a segment entitled "Supreme Court Weighs Corporate Liability in Human Rights Cases" featuring Marcia Coyle.
Posted at 08:10 AM by Howard Bashman



"Lawyer Stewart Claims 10-Year Terror Sentence Punishes Her Free Speech": Bloomberg News has this report.
Posted at 08:05 AM by Howard Bashman


Tuesday, February 28, 2012

"Court skeptical about overseas corporate abuse suits": Robert Barnes of The Washington Post has this news update.

Warren Richey of The Christian Science Monitor has an article headlined "Can foreigners sue international corporations in US courts? A 223-year-old law says foreigners can file lawsuits in American courts for alleged violations of international law; But whether they can sue corporations remains a question for the Supreme Court."

Marcia Coyle of The National Law Journal reports that "Court skeptical of using U.S. laws in foreign human rights cases."

The Voice of America reports that "Nigerian Activists Press US Supreme Court Case Against Shell."

Lawrence Hurley of Greenwire reports that "Justices weigh Shell's liability in Nigeria case."

Ariane de Vogue of ABC News has a blog post titled "Justices Divided on Corporate Liability for Human Rights Violations."

And online at Slate, Dahlia Lithwick has a Supreme Court dispatch entitled "Justice on the High Seas: The Supreme Court says corporations have a right to free speech; But can they get away with murder?"
Posted at 08:42 PM by Howard Bashman



"Feds drop porn-trial subpoena for Salon writer": Josh Gerstein has this post at Politico.com. My most recent earlier coverage appears here.
Posted at 08:22 PM by Howard Bashman


"House acts against high court on eminent domain": The Associated Press has a report that begins, "The House sought Tuesday to undercut a 2005 Supreme Court ruling that gives state and local governments eminent domain authority to seize private property for economic development projects."
Posted at 05:56 PM by Howard Bashman


"Court releases new set of redistricting maps": The San Antonio Express-News has this update.

And The Associated Press reports that "Federal court issues new Texas political maps."
Posted at 04:56 PM by Howard Bashman



"Jury Selection Begins in Latest Ira Isaacs Obscenity Trial": Yesterday, Mark Kernes of AVN News had a report that begins, "Jury selection in the second obscenity trial of producer Ira Isaacs began today, more than a year after the agreed-upon retrial date, and more than four years after Judge Alex Kozinski declared a mistrial in Isaacs' original prosecution because the Los Angeles Times had revealed that Kozinski, who also serves as Chief Judge of the Ninth Circuit Court of Appeals, had maintained a private website containing humorous sexually oriented photos and videos."

In related coverage, XBIZ.com reports today that "Salon Reporter May Testify at Isaacs Obscenity Trial."

And today at Salon.com, Tracy Clark-Flory has an essay entitled "My obscenity trial subpoena: I've been called to testify in a federal trial against a pornographer; Here's why this case really matters." Her interview with the defendant, which Salon published last April, was headlined "An obscene filmmaker defends himself: As senators push for more porn prosecutions, we talk to the man at the center of the next federal obscenity trial."
Posted at 04:52 PM by Howard Bashman



"Shell Asks U.S. Supreme Court to Bar Human-Rights Suit": Bloomberg News has this report.

Bill Mears of CNN.com reports that "Justices debate corporate responsibility for human rights abuses."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: Downhill, from the start."
Posted at 04:44 PM by Howard Bashman



"Supreme Court skeptical of U.S. lawsuits over abuses abroad": David G. Savage of The Los Angeles Times has this news update.

And James Vicini of Reuters reports that "Supreme Court hears corporate human rights case."
Posted at 02:50 PM by Howard Bashman



"EPA Greenhouse Gas Limits Face Appeals Court Challenge Over Public Danger": Bloomberg News has this report.
Posted at 02:45 PM by Howard Bashman


"Corporate Immunity Looks Likely: Supreme Court Seems Ready To Side With Shell In Human Rights Suit." Mike Sacks of The Huffington Post has this report.

You can access the transcript of today's U.S. Supreme Court oral argument in Kiobel v. Royal Dutch Petroleum Co., No. 10-1491, at this link.
Posted at 01:14 PM by Howard Bashman



"McKesson $23.9 Million Interest Award in Iran Dairy Case Tossed on Appeal": Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 01:11 PM by Howard Bashman


"Justices hear case over suits for overseas abuses": The Associated Press has this report.
Posted at 11:44 AM by Howard Bashman


"Argument preview: Tax forgiveness and equality." Lyle Denniston has this post at "SCOTUSblog."
Posted at 10:42 AM by Howard Bashman


"Lawyers descend en masse for arguments on greenhouse gas rules": Lawrence Hurley of Greenwire has this report.
Posted at 10:40 AM by Howard Bashman


"2nd Circuit greenlights novel vehicle for BofA's MBS settlement": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 09:30 AM by Howard Bashman


"Human Rights Victims Seek Remedy At High Court": This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."

And Ariane de Vogue of ABC News has a blog post titled "Can Corps Accused of Abetting Torture Abroad Be Sued in U.S. Courts?"
Posted at 08:06 AM by Howard Bashman



"Roy Moore's ouster from Supreme Court largely absent in chief justice race": The Mobile (Ala.) Press-Register has this report.
Posted at 08:02 AM by Howard Bashman


"Bill to put cameras in Supreme Court won't pass before healthcare challenge": The Hill has this report.
Posted at 08:00 AM by Howard Bashman


"Supreme Court Justice Sonia Sotomayor will help Penn law school open a new building": This article appears today in The Philadelphia Inquirer.
Posted at 07:58 AM by Howard Bashman


"Supreme Court 101 in session at high court": The Associated Press has this report.
Posted at 07:50 AM by Howard Bashman


Monday, February 27, 2012

"State Supreme Court opts to close some meetings": The Wisconsin Center for Investigative Journalism, via the Wisconsin Law Journal, has a report that begins, "A sharply divided Wisconsin Supreme Court voted Monday to end its longstanding practice of discussing court administrative matters in open conference."
Posted at 10:10 PM by Howard Bashman


"Corporate Personhood Case Forces Supreme Court To Hack New Path": Mike Sacks of The Huffington Post has this report.
Posted at 08:24 PM by Howard Bashman


To complicate matters further, Judge Jury now serves in an appellate capacity: I just received news that last week the U.S. Bankruptcy Appellate Panel of the Ninth Circuit issued a decision agreeing with the outcome that my friend and colleague Peter Goldberger and I argued in favor of in an amicus brief that we filed in May of 2011 on behalf of the National Association of Consumer Bankruptcy Attorneys.

Among the more interesting things one might learn upon receiving a ruling of the 9th Circuit's BAP is that one of the judges on that court is Meredith A. Jury (additional details available here). I have noticed various judges over the years with the last name Judge or Justice, but this is the first Judge Jury whom I have noticed. Appropriately, she now serves on an appellate court.
Posted at 06:02 PM by Howard Bashman



"Montana Defies Supreme Court's Citizens United Case": This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 05:11 PM by Howard Bashman


"Supreme Court rejects emergency carp measures": The Associated Press has this report.

And Lawrence Hurley of Greenwire reports that "Justices decline to intervene in Asian carp dispute."
Posted at 04:50 PM by Howard Bashman



"BofA $8.5 bln deal returned to NY state court": Reuters has this early coverage of a ruling that the U.S. Court of Appeals for the Second Circuit issued this afternoon.
Posted at 03:22 PM by Howard Bashman


"FBI Turns Off Thousands of GPS Devices After Supreme Court Ruling": Julia Angwin had this post Saturday at WSJ.com's "Digits" blog.
Posted at 03:12 PM by Howard Bashman


"Free speech issue bypassed": Lyle Denniston has this post at "SCOTUSblog."
Posted at 03:10 PM by Howard Bashman


"Supreme court prepares for battle over human rights liability of corporations; Most significant case since Citizens United ruling will tackle whether corporations can be sued in civil courts as individuals": The Guardian (UK) has this report.
Posted at 01:11 PM by Howard Bashman


"Will Bush v. Gore make an election-year return?" Robert Barnes has this article today in The Washington Post.
Posted at 11:09 AM by Howard Bashman


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

In early news coverage, The Associated Press reports that "Court won't get involved in carp fight."

And James Vicini of Reuters reports that "Supreme Court rejects states' appeal on Great Lakes carp."
Posted at 10:03 AM by Howard Bashman



"Supreme Court to weigh torture lawsuits against corporations; Can international companies be sued in the U.S. over ties to foreign regimes that commit human rights abuses?" David G. Savage has this article today in The Los Angeles Times.
Posted at 07:35 AM by Howard Bashman


Sunday, February 26, 2012

"'Retirement' missing from vocabulary of NY judges": The Associated Press has a report that begins, "Some are old enough to recall pioneering aviator Charles Lindbergh's tickertape parade. Others can share vivid memories of World War II or the Great Depression. But unlike most people their age, New York City's federal judges prefer to strike one topic from the record: retirement."
Posted at 09:00 PM by Howard Bashman


"Chief justice: Iowa Supreme Court stronger after 2010 ousters." The Associated Press has this report.
Posted at 08:57 PM by Howard Bashman


"Gun ownership 'very difficult' despite Supreme Court rulings": Shannon Bream of FoxNews.com has a report that begins, "In 2008, after hearing a case challenging the restrictive gun laws in Washington, D.C., the Supreme Court ordered local officials to make it possible for law-abiding citizens to own a gun. It was a landmark Second Amendment win for gun rights advocates, but there is growing disagreement about what's happened in the wake of that ruling from the nation's highest court."
Posted at 04:30 PM by Howard Bashman


"Police groups ask Supreme Court to overturn SPD Taser ruling; A national police organization and Los Angeles County police group want the court to hear an appeal opposed by Seattle city attorneys": This article appeared yesterday in The Seattle Times.

My most recent earlier coverage of the case appears here.
Posted at 04:27 PM by Howard Bashman



"Does the Supreme Court think like the average American?" Justin Moyer has this essay today in The Washington Post.
Posted at 04:20 PM by Howard Bashman


"Justices weigh foreigners' suits vs. companies": Mark Sherman of The Associated Press has this report.
Posted at 03:40 PM by Howard Bashman


"Under the U.S. Supreme Court: A cry of innocence from death row." Michael Kirkland of UPI has this report.
Posted at 03:38 PM by Howard Bashman


Saturday, February 25, 2012

"Before Supreme Court, Indianapolis to defend charging different amounts for sewers": The Indianapolis Star has an article that begins, "Whether the good fortune of some Indianapolis homeowners who saved themselves thousands of dollars simply by putting off paying a bill is unconstitutionally unfair will be debated by the nine U.S. Supreme Court justices on Wednesday."
Posted at 01:20 PM by Howard Bashman


"Biden praises Rhode Island's senators, says he offered Whitehouse Supreme Court nomination": The Providence Journal has this report.
Posted at 01:18 PM by Howard Bashman


"Forcing Defendant to Decrypt Hard Drive Is Unconstitutional, Appeals Court Rules": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 01:16 PM by Howard Bashman


"Supreme Court to hear corporate human rights case": James Vicini of Reuters has this report.

At "SCOTUSblog," Lyle Denniston has a post titled "Argument preview: Human rights abuses and the law."

And in today's edition of The New York Times, Peter Weiss has an op-ed entitled "Should Corporations Have More Leeway to Kill Than People Do?"
Posted at 01:04 PM by Howard Bashman



Friday, February 24, 2012

"Nevis man accused of US justice robbery released": The Associated Press has this report.
Posted at 06:25 PM by Howard Bashman


"U.S. appeals panel assesses Porsche-VW short squeeze": Reuters has a report that begins, "Federal appeals judges on Friday honed in on whether a U.S. Supreme Court ruling limiting securities fraud lawsuits barred a $2 billion case by hedge funds accusing German automaker Porsche SE of fraudulently cornering the market in Volkswagen AG shares in 2008."
Posted at 03:39 PM by Howard Bashman


"U.S. House appeals benefits ruling for gay spouse": Dan Levine of Reuters has this report.

And The Associated Press reports that "House leaders to appeal Calif. gay marriage ruling."
Posted at 02:37 PM by Howard Bashman



"The Man Behind the Texas Anti-Affirmative Action Suit": The Texas Tribune has this report today.
Posted at 12:00 PM by Howard Bashman


"Analysis: Obama yet to make a mark on key U.S. court." Joan Biskupic of Reuters has this report.
Posted at 08:40 AM by Howard Bashman


Thursday, February 23, 2012

"Eleventh Circuit Finds Fifth Amendment Right Against Self Incrimination Protects Against Being Forced to Decrypt Hard Drive Contents": Orin Kerr has this post at "The Volokh Conspiracy" about a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today.

And at WSJ.com's "Law Blog," Joe Palazzolo has a post titled "Court: Fifth Amendment Protects Suspects from Having to Decrypt Hard Drives."

Meanwhile, at Wired.com's "Threat Level" blog, David Kravets has a post titled "Ruling Stands: Defendant Must Decrypt Laptop" reporting on a separate case.
Posted at 10:42 PM by Howard Bashman



"Court Holds Returning to Romantic Relationship Is Not Sufficient 'Consideration' To Support Enforceable Contract; Reaffirms 1887 Holding that 'Love and Affection' Alone Is Not Consideration for Contract": The Public Information Office of the Supreme Court of Ohio has issued this summary of a ruling that the court issued today.
Posted at 10:36 PM by Howard Bashman


"Justices Appear Open to Affirming Medal Law": Adam Liptak has this article today in The New York Times. The newspaper also contains an editorial entitled "Honor and Free Speech."

In today's edition of The Washington Post, Robert Barnes reports that "Supreme Court conflicted about prosecuting those who lie about military valor."

David G. Savage of The Los Angeles Times reports that "Supreme Court hears Medal of Honor case, ponders political lies; The Supreme Court seems unmoved by Xavier Alvarez of Pomona, who lied about receiving a Medal of Honor; His lawyer says the 1st Amendment trumps the Stolen Valor Act."

Jess Bravin of The Wall Street Journal reports that "Justices Take on Medal Lies; Respect for Military Honors Competes With Worries About Government's Reach."

On yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "Is A Lie Just Free Speech, Or Is It A Crime?"

Online at the First Amendment Center, Tony Mauro reports that "Justices may uphold Stolen Valor Act."

And online at Slate, Dahlia Lithwick has a Supreme Court dispatch entitled "Heavy Medals: Sotomayor's boyfriends lie to her? And the other untruths that worry the Supreme Court."
Posted at 10:26 PM by Howard Bashman



"Officers Who Searched Home Can't Be Sued, Court Says": Adam Liptak has this article today in The New York Times.

And in today's edition of The Los Angeles Times, David G. Savage reports that "Supreme Court tosses suit against L.A. County sheriff's deputies; The Supreme Court says two L.A. County sheriff's deputies followed the law in raiding a South L.A. home even though the search warrant may have been too broad."
Posted at 09:08 PM by Howard Bashman



"Court throws out Armenian class-action lawsuit": Bob Egelko of The San Francisco Chronicle has this news update.

Carol J. Williams of The Los Angeles Times has a blog post titled "Armenian genocide successors' claims against insurers dismissed."

And The Associated Press reports that "Appeals court tosses Armenian payments law."

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



"Ryan Braun wins appeal of positive drug test": Tom Haudricourt The Milwaukee Journal Sentinel has a blog post that begins, "Milwaukee Brewers leftfielder Ryan Braun became the first major-league player to have a positive drug test overturned when he was informed Thursday that an arbitration panel ruled in his favor on appeal and decided against a 50-game suspension for the reigning National League most valuable player. There has been no official announcement of the verdict but the Journal Sentinel has confirmed that Braun won his appeal."
Posted at 05:36 PM by Howard Bashman


"Friday at the 2nd Circuit.: Back-to-back tests of Morrison's reach." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 05:18 PM by Howard Bashman


"Armenian Genocide Suit Tossed, Again, in Latest Circuit Appearance": Courthouse News Service has this report on a ruling that a unanimous, eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 04:36 PM by Howard Bashman


"Scalia Courted as Unlikely U.S. High Court Ally on Obama Health-Care Law": Greg Stohr of Bloomberg News has this report.
Posted at 02:14 PM by Howard Bashman


"Court: California can force inmates to submit DNA." The Associated Press has a report that begins, "A federal appeals court says California can continue to force all felony arrestees to submit DNA samples."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 02:10 PM by Howard Bashman



"Will Supreme Court Reconsider Citizens United? Two Justices Hope So." Ariane de Vogue of ABC News has this blog post.
Posted at 11:46 AM by Howard Bashman


"Justices overturn Mont. ruling requiring rent for riverbeds use": Lawrence Hurley of Greenwire has this report.

The Great Falls Tribune reports today that "U.S. Supreme Court sides with PPL Montana in riverbed rent case."

And The Helena Independent Record reports today that "High court overturns ruling on PPL dams."
Posted at 11:44 AM by Howard Bashman



"DOMA ruled unconstitutional by 2nd federal judge": Bob Egelko has this article today in The San Francisco Chronicle.

In today's edition of The Los Angeles Times, Carol J. Williams reports that "Defense of Marriage Act ruled unconstitutional by judge; The ruling by a U.S. district judge was the first since the Obama administration announced a year ago that it would no longer defend a law it considers discriminatory."

The San Jose Mercury News reports that "Bay Area couple wins case against federal same-sex marriage law."

The New York Times reports that "Judge's Ruling Adds to String in Favor of Same-Sex Couples."

The Associated Press reports that "Lesbian federal worker wins health benefits case."

And Ginny LaRoe of The Recorder reports that "San Francisco Judge Finds DOMA Unconstitutional."
Posted at 09:40 AM by Howard Bashman



Wednesday, February 22, 2012

"Do-Over Season": At the "Opinionator" blog of The New York Times, Linda Greenhouse has a post that begins, "Is there really a chance that the Supreme Court might reconsider Citizens United?"
Posted at 09:10 PM by Howard Bashman


"Do Lexis and Westlaw Infringe Copyright When They Post Briefs Filed in Court?" Eugene Volokh has this post at "The Volokh Conspiracy."

And at WSJ.com's "Law Blog," Chad Bray has a post titled "Keep Your Hands off My Briefs: Lawyers Sue Westlaw, Lexis."
Posted at 09:02 PM by Howard Bashman



"New protection for gays: DOMA struck down." Lyle Denniston has this post at "SCOTUSblog."
Posted at 09:00 PM by Howard Bashman


"DOJ Urges Supreme Court to Halt Challenge to Warrantless Eavesdropping": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 08:57 PM by Howard Bashman


"Supreme Court sends California Medicaid case back to 9th Circuit": Michael Doyle of McClatchy Newspapers has this report.

The Associated Press reports that "Court returns Calif. Medicaid case to lower court."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: A right to sue under Medicaid -- maybe."
Posted at 08:20 PM by Howard Bashman



"Supreme Court Takes Up Stolen Valor Case": Adam Liptak of The New York Times has this blog post.

Michael Doyle of McClatchy Newspapers reports that "Supreme Court hears 'stolen valor' case of false military heroism."

And Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court debate: Is lying about being a war hero protected speech? Supreme Court justices heard arguments over the Stolen Valor Act, which bars lies over receiving military medals, but the discussion broadened into whether there is any value worth protecting in falsehood."
Posted at 07:20 PM by Howard Bashman



In Bashman news from Philadelphia: Today, the Superior Court of Pennsylvania issued this decision affirming the judgment in a case in which I wrote the Brief for Plaintiff/Appellee. Additional background on the case can be accessed here.

As noted in this earlier post, I was unavailable to argue the appeal because that same day I was arguing two other appeals before the Supreme Court of Pennsylvania. No decisions have issued yet in those other two cases.

By the way, for those who yearn to watch the video of recent Pa. Supreme Court oral arguments online, the Pennsylvania Cable Network is archiving its broadcasts of those oral arguments at this link.
Posted at 06:28 PM by Howard Bashman



"Appeals court rules federal inmate mugs not open": The Tulsa World has this news update.

And online at Politico.com, Josh Gerstein has a blog post titled "Court ruling keeps federal mugshots secret."

You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 06:18 PM by Howard Bashman



"Gay spouse given health benefits in U.S. court case": Dan Levine of Reuters has this report.

And at Politico.com, Josh Gerstein has a blog post titled "Another court finds Defense of Marriage Act unconstitutional" and provides this link to the ruling.
Posted at 06:09 PM by Howard Bashman



"Pa. court closes boy's trial in pregnant killing": The Associated Press has this report.

The Pittsburgh Post-Gazette has a news update headlined "Jordan Brown homicide proceedings closed to public."

And The Pittsburgh Tribune-Review has a news update headlined "Superior Court keeps Brown trial closed to public."

You can access today's ruling of the Superior Court of Pennsylvania at this link.
Posted at 06:03 PM by Howard Bashman



"In Stolen Valor Act Case, Supreme Court Debates When Lies Can Be Crimes": Mike Sacks of The Huffington Post has this report.

And James Vicini of Reuters reports that "Supreme Court hears military medal lying case."

You can access the transcript of today's U.S. Supreme Court oral argument in United States v. Alvarez, No. 11-210, at this link.
Posted at 05:52 PM by Howard Bashman



"Taniguchi Argument: One Hour About One Word." Michelle Olsen has this post at her "Appellate Daily" blog.

You can access the transcript of yesterday's U.S. Supreme Court oral argument in Taniguchi v. Kan Pacific Saipan, Ltd., No. 10-1472, at this link.
Posted at 05:45 PM by Howard Bashman



"Court seems split on double jeopardy question": Jesse J. Holland of The Associated Press has this report.
Posted at 03:09 PM by Howard Bashman


"High court torn over law banning lie about medals": The Associated Press has this report.

Update: And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: Rewriting a law to save it."
Posted at 12:50 PM by Howard Bashman



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

1. Justice Stephen G. Breyer delivered the opinion of the Court in Douglas v. Independent Living Center of Southern Cal., Inc., No. 09-958. Chief Justice John G. Roberts, Jr. issued a dissenting opinion, in which Justices Antonin Scalia, Clarence Thomas, and Samuel A. Alito, Jr. joined. You can access the oral argument via this link.

2. Justice Anthony M. Kennedy delivered the opinion for a unanimous Court in PPL Montana, LLC v. Montana, No. 10-218. You can access the oral argument via this link.

3. Chief Justice Roberts delivered the opinion of the Court in Messerschmidt v. Millender, No. 10-704. Justice Breyer issued a concurring opinion. Justice Elena Kagan issued an opinion concurring in part and dissenting in part. And Justice Sonia Sotomayor issued a dissenting opinion, in which Justice Ruth Bader Ginsburg joined. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Court says police cannot be sued over warrant" and "High court rules for power company over Mont. dams."
Posted at 10:03 AM by Howard Bashman



"Appeals court narrows judge's order in NY school prayer dispute": Reuters has this report.
Posted at 09:12 AM by Howard Bashman


"Colleges Worry That Court Could Make Diversity Harder to Maintain": This article appears today in The New York Times.

On yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "Supreme Court Wades Into Affirmative Action Issue."

And today's edition of The Wall Street Journal contains an editorial entitled "Racial Preferences Redux: The Supreme Court revisits discrimination and government."
Posted at 07:44 AM by Howard Bashman



"Prop. 8 backers want new appeals court hearing": Bob Egelko has this article today in The San Francisco Chronicle.

And in today's edition of The Los Angeles Times, Maura Dolan reports that "Prop. 8 backers seek full review by appeals court; Supporters say a three-judge 9th Circuit court panel that rejected the California ban on same-sex marriage wrongly concluded that the ballot measure stigmatized gays and lesbians."
Posted at 07:42 AM by Howard Bashman



"The Court and Citizens United II": This editorial appears today in The New York Times.
Posted at 07:38 AM by Howard Bashman


"Supreme Court rejects Redondo Beach appeal on day laborer law; The city had hoped to reinstate an ordinance barring workers from gathering on busy street corners to solicit jobs": David G. Savage has this article today in The Los Angeles Times.

And today in The San Francisco Chronicle, Bob Egelko reports that "Day laborers win Supreme Court free-speech case."
Posted at 07:36 AM by Howard Bashman



Tuesday, February 21, 2012

"Chief Justice Roberts rejects request for code of conduct": Robert Barnes of The Washington Post has this report.

And Bill Mears of CNN.com reports that "High court rejects formal, binding ethics rules."
Posted at 11:11 PM by Howard Bashman



"New Ruling Puts Limits on Warning to Prisoners": Adam Liptak will have this article Wednesday in The New York Times.
Posted at 11:06 PM by Howard Bashman


"Do grandparents get visitation rights? Supreme Court declines case; The Supreme Court declined to hear a case in which grandparents demanded to visit their grandchildren but the parents intervened; The lack of a decision leaves no clear constitutional standard on the issue." Warren Richey of The Christian Science Monitor has this report.
Posted at 11:04 PM by Howard Bashman


"Is it a house or a boat? -- U.S. Supreme Court to decide case of Riviera Beach houseboat." The Palm Beach Post has this news update.
Posted at 11:02 PM by Howard Bashman


"Matter of Interpretation: Supreme Court Sympathetic to Japanese Litigant." Peter Landers has this post at WSJ.com's "Law Blog."
Posted at 08:54 PM by Howard Bashman


"Judge vacancies are harming America's justice system": Timothy K. Lewis had this op-ed yesterday in The Patriot-News of Harrisburg, Pennsylvania.
Posted at 08:50 PM by Howard Bashman


"News outlets back New York Times reporter James Risen in court fight": At Politico.com, Josh Gerstein has a blog post that begins, "A broad coalition of news organizations and news industry groups are urging a federal appeals court to uphold a lower-court ruling rejecting prosecutors efforts to force New York Times reporter James Risen to identify his confidenial sources as part of the prosecution of a former Central Intelligence Agency officer accused of leaking secrets about U.S. efforts to sabotage Iran's nuclear program."
Posted at 08:47 PM by Howard Bashman


"Gay marriage ban supporters seek second review by circuit court of ruling": Howard Mintz of The San Jose Mercury News has this update.

Maura Dolan of The Los Angeles Times has a blog post titled "California gay-marriage opponents launch a legal gambit."

At "SCOTUSblog," Lyle Denniston has a post titled "Prop. 8: New plea in Circuit Court."

And at the "Constitutional Law Prof Blog," Ruthann Robson has a post titled "Prop 8 Proponents Petition for Rehearing En Banc in Ninth Circuit."

You can access the petition for rehearing en banc at this link.
Posted at 08:30 PM by Howard Bashman



"Prop. 8 backers seek review of gay marriage case": The Associated Press has a report that begins, "The backers of California's same-sex marriage ban petitioned a federal appeals court Tuesday to review a split decision by three of its judges that struck down the voter-approved law known as Proposition 8."
Posted at 06:21 PM by Howard Bashman


"Colorado woman must turn over computer password": The Associated Press has this report.
Posted at 06:14 PM by Howard Bashman


"High Court to Hear College Affirmative-Action Case": Jess Bravin of The Wall Street Journal has this news update.
Posted at 05:54 PM by Howard Bashman


"At the Supreme Court, Odds Lie Against Affirmative Action; The justices will hear a case on whether universities can encourage diversity at the classroom level, but court conservatives may use it as an opportunity to set a new precedent": Andrew Cohen has this essay online at The Atlantic.
Posted at 05:28 PM by Howard Bashman


"Supreme Court to Hear Case Challenging Stolen Valor Act": Ariane de Vogue of ABC News has this report.
Posted at 05:27 PM by Howard Bashman


"Nevis man charged in armed robbery of US justice": The Associated Press has this report.
Posted at 04:02 PM by Howard Bashman


"Supreme Court To Revisit Affirmative Action In University Of Texas Case": Mike Sacks of The Huffington Post has this report.

Online at Slate, Richard D. Kahlenberg has a jurisprudence essay entitled "What Obama Should Say About the Texas Affirmative Action Case: He should support class-based preferences that help all low-income students."

And at the "Just Enrichment" blog, Adam Chandler has a post titled "Navigating the Jurisdictional Thicket Around Fisher v. University of Texas."
Posted at 03:52 PM by Howard Bashman



James Vicini of Reuters is reporting: He has articles headlined "Supreme Court: prisoner need not be told of rights"; "Supreme Court won't hear grandparents visitation case"; and "Supreme Court rejects music producer Spector murder case."
Posted at 03:50 PM by Howard Bashman


"Roberts says no to formal ethics rules": The Associated Press has this report.

Mike Sacks of The Huffington Post has made the documents available online here and here.
Posted at 03:38 PM by Howard Bashman



"Appeals court says Gitmo suicide suit not allowed": The Associated Press has this report.

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "D.C. Circuit Rejects Suit Over Gitmo Detainees' Deaths."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 01:37 PM by Howard Bashman



"Court rejects case on grandparents' rights": The Associated Press has this report.
Posted at 01:34 PM by Howard Bashman


"University Affirmative Action Programs Attract U.S. Supreme Court Scrutiny": Greg Stohr of Bloomberg News has this report.

Adam Liptak of The New York Times has a news update headlined "Supreme Court Agrees to Hear Affirmative Action Case."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court will hear case on affirmative action at colleges."

Robert Barnes of The Washington Post has a news update headlined "Supreme Court agrees to reconsider use of race in college admission decisions."

Michael Doyle of McClatchy Newspapers reports that "Supreme Court to hear Texas affirmative action case."

Warren Richey of The Christian Science Monitor reports that "Affirmative action in college admissions goes back before Supreme Court; US Supreme Court is taking an affirmative action case about the University of Texas admissions policy, which permits race to be a factor in deciding which applicants are admitted."

James Vicini of Reuters reports that "Supreme Court to hear university race admissions case."

At the "School Law" blog of Education Week, Mark Walsh has a post titled "Supreme Court to Revisit Race in College Admissions."

And at "SCOTUSblog," Lyle Denniston has a post titled "Affirmative action review due next Term."
Posted at 10:50 AM by Howard Bashman



"High court to take new look at affirmative action": The Associated Press has this report.

You can access today's Order List of the U.S. Supreme Court at this link. The Court today granted review in two cases and called for the views of the Solicitor General in two cases.

The Court today also issued four opinions, two of which were in argued cases.

1. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Howes v. Fields, No. 10-680. Justice Ruth Bader Ginsburg issued an opinion concurring in part and dissenting in part, in which Justices Stephen G. Breyer and Sonia Sotomayor joined. You can access the oral argument via this link.

2. Justice Clarence Thomas delivered the opinion of the Court in Kawashima v. Holder, No. 10-577. Justice Ginsburg issued a dissenting opinion, in which Justices Breyer and Elena Kagan joined. You can access the oral argument via this link.

3. The Court issued a unanimous per curiam opinion in Marmet Health Care Center, Inc. v. Brown, No. 11-391.

And the Court issued a per curiam opinion in Wetzel v. Lambert, No. 11-38. Justice Breyer issued a dissenting opinion, in which Justices Ginsburg and Kagan joined.

In other news coverage, The Associated Press has a report headlined "Court: Rights don't have to be read to prisoners."
Posted at 10:24 AM by Howard Bashman



Programming note: Due to a meeting with a potential new appellate client, my coverage of today's Order List and any new opinions of the U.S. Supreme Court will be a bit delayed.
Posted at 09:44 AM by Howard Bashman


"Roggensack moves to close high court conferences": The Capital Times of Madison, Wisconsin has this report.
Posted at 09:37 AM by Howard Bashman


"Roger J. Miner, 77, Dies; Judge Valued Neutrality": This obituary appears today in The New York Times.
Posted at 09:22 AM by Howard Bashman


"Stolen Valor Act case: a checklist of things to watch." Tony Mauro has this news analysis online at the First Amendment Center.
Posted at 09:16 AM by Howard Bashman


Monday, February 20, 2012

"Court action could prolong health care fight": Joan Biskupic will have this article Tuesday in USA Today.
Posted at 10:40 PM by Howard Bashman


"Supreme Court to decide on right to lie about military honors; Justices will take up the case of Xavier Alvarez, who falsely told a California water board meeting that he had received the Medal of Honor": David G. Savage will have this article Tuesday in The Los Angeles Times.
Posted at 10:38 PM by Howard Bashman


"Ecuador court rejects Chevron arbitration ruling": Reuters has a report that begins, "A court in Ecuador has rejected an order by arbitrators that an $18 billion pollution ruling against Chevron should be frozen, but the judges referred an appeal by the U.S. oil company to the country's Supreme Court."
Posted at 10:30 PM by Howard Bashman


"Man held in robbery of Justice Breyer in Nevis": The Associated Press has this report.
Posted at 05:48 PM by Howard Bashman


"Gay Marriage? Ruling May Hinge on How It's Asked." Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 01:46 PM by Howard Bashman


"Why Stephen Breyer and Other Power Players Love Bridge": Newsweek magazine has this report.
Posted at 07:40 AM by Howard Bashman


"Christie's brash words on N.J. Supreme Court may be undermining state's judicial branch": This article appears today in The Newark Star-Ledger.
Posted at 07:38 AM by Howard Bashman


"Occupy the Super PACs: Justice Ginsburg knows the Citizens United decision was a mistake; Now she appears to be ready to speak truth to power." Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this essay online at Slate.
Posted at 07:34 AM by Howard Bashman


Sunday, February 19, 2012

"Lost in Interpretation: Japan Citizen Case Goes to Supreme Court." Peter Landers has this post at WSJ.com's "Japan Real Time" blog.
Posted at 10:56 PM by Howard Bashman


"Trust and the Supreme Court": Monday's edition of The New York Times will contain an editorial that begins, "The authority of the Supreme Court depends on the trust of the public."
Posted at 09:18 PM by Howard Bashman


"Roger J. Miner, federal judge": This obituary will appear Monday in The Washington Post.
Posted at 08:45 PM by Howard Bashman


"Is There a Right to Lie?" William Bennett Turner will have this op-ed Monday in The New York Times.
Posted at 08:42 PM by Howard Bashman


"Are judges' ties to U the ones that bind?": Monday's edition of The Minneapolis Star Tribune will contain this article.
Posted at 08:37 PM by Howard Bashman


"Failed legal fight over video games costs California nearly $2 million": This article appears today in The Sacramento Bee.
Posted at 08:33 PM by Howard Bashman


"High court dilemma: Can lie about medal be crime?" Mark Sherman of The Associated Press has this report.
Posted at 12:10 PM by Howard Bashman


"Under the U.S. Supreme Court: Ruth Bader Ginsburg stepping down in 2015." Michael Kirkland of UPI has this report.
Posted at 11:24 AM by Howard Bashman


Saturday, February 18, 2012

"Alabama Supreme Court justice blasts U.S. abortion law": This article appears today in The Huntsville Times.

You can access yesterday's ruling of the Supreme Court of Alabama at this link.
Posted at 11:56 PM by Howard Bashman



"Top court puts limits on claims of infringement of religious rights": Kirk Makin has this article today in The Toronto Globe and Mail.

The Montreal Gazette reports today that "Supreme Court dismisses Quebecers' bid for ethics-course exemption."

And Postmedia News reports that "Supreme Court upholds schools' religion course."

You can access yesterday's ruling of the Supreme Court of Canada at this link.
Posted at 11:40 PM by Howard Bashman



"Arizona Supreme Court to take up Mesa tattoo parlor case": The East Valley Tribune contains this article today.
Posted at 11:32 PM by Howard Bashman


"2nd Circuit judge once up for Supreme Court dies": The Associated Press has this report.
Posted at 11:29 PM by Howard Bashman


"Justices Sit on Highest Court, but Still Live Without Top Security": This article will appear Sunday in The New York Times.

In Sunday's edition of The Los Angeles Times, David G. Savage and Ian Duncan will have an article headlined "Robbery highlights wealth, travel of Supreme Court justices; What was Stephen G. Breyer doing on a tiny Caribbean island when a family cottage was invaded? Turns out he and his colleagues are a well-traveled lot."

And The Associated Press reports that "Man sought in Caribbean robbery of US justice."
Posted at 11:26 PM by Howard Bashman



"Supreme Court to review Stolen Valor Act, which criminalizes lying about military honors": Robert Barnes will have this article Sunday in The Washington Post.

Michael Doyle of McClatchy Newspapers reports that "Supreme Court to hear arguments on whether a lie is protected speech."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument preview: The Constitution and lying."
Posted at 11:16 PM by Howard Bashman



Friday, February 17, 2012

"Two justices suggest Citizens United ruling should be reconsidered in Montana case": Robert Barnes will have this article Saturday in The Washington Post.

In Saturday's edition of The Wall Street Journal, Jess Bravin will have an article headlined "Supreme Court Blocks Montana From Enforcing Restrictions On Corporate Political Spending."

The Washington Times has a news update headlined "Justice says Supreme Court should revisit campaign finance."

The Billings Gazette has a news update headlined "U.S. Supreme Court blocks Montana ban on corporate election spending."

Mark Sherman of The Associated Press reports that "High court blocks Mont. campaign money ruling."

James Vicini of Reuters reports that "US justices allow Montana corporation election spending."

Mike Sacks of The Huffington Post reports that "Supreme Court Blocks Montana Campaign Finance Ban."

Josh Gerstein of Politico.com has a blog post titled "Supreme Court blocks Montana campaign finance ruling."

And at "SCOTUSblog," Lyle Denniston has a post titled "Montana campaign ruling on hold."

You can access today's stay order of the U.S. Supreme Court at this link.
Posted at 11:32 PM by Howard Bashman



"Panel reinforces Ecuador award halt in Chevron case": Reuters has a report that begins, "An arbitration panel reinforced an order that Ecuador's government seek to suspend an $18 billion court award against U.S. oil company Chevron Corp over pollution in the South American country's rainforest." In addition, Alison Frankel's "On the Case" from Thomson Reuters News & Insight reports that "Chevron says 'back on offense' v. Ecuadoreans after rulings."

Dow Jones Newswires report that "Arbitrators Order Ecuador To Prevent Enforcement Of Judgment Vs Chevron."

International Business Times has a report headlined "Double Victory For Chevron in Ecuador Pollution Case."

And at WSJ.com's "Law Blog," Chad Bray has a post titled "Ecuadorean Plaintiffs Want Judge Off US Racketeering Case."

Today, Chevron issued a news release headlined "International Arbitration Panel Orders Ecuador to Take 'All Measures Necessary' To Suspend Enforcement of the Lago Agrio Judgment."
Posted at 06:20 PM by Howard Bashman



Federal Circuit applies aspect of Wal-Mart v. Dukes to the lawsuit brought by various federal judges arguing that Congress violated Article III's Compensation Clause by blocking promised yearly cost-of-living salary adjustments: You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit at this link.

While application of the Dukes ruling benefited these federal judge-plaintiffs insofar as they were not directly bound by the result of a class action that they were not given an opportunity to opt-out from, the Federal Circuit's substantive ruling on appeal in that class action case -- rejecting the Compensation Clause claim at issue there -- nevertheless remained binding precedent and thus forced the three-judge panel that issued today's ruling to reject on the merits the appeal by these particular federal judge-plaintiffs.

Next, these federal judge-plaintiffs will need to decide whether to seek rehearing en banc in the Federal Circuit before seeking to take the case back to the U.S. Supreme Court.
Posted at 06:07 PM by Howard Bashman



"Feds Urge Court to Reject Laptop Decryption Appeal": David Kravets has this post today at Wired.com's "Threat Level" blog.
Posted at 05:46 PM by Howard Bashman


"NY appeals court orders NJ programmer's acquittal": The Associated Press has a report that begins, "A smiling former Goldman Sachs programmer has been freed after a surprise ruling from a federal appeals court that reversed his conviction on charges he stole computer code."
Posted at 05:42 PM by Howard Bashman


"Series of robberies plague Nevis over weekend": The Leewards Times of St. Kitts & Nevis has this news update.
Posted at 05:28 PM by Howard Bashman


"Supreme Court to hear military medal lying case": James Vicini of Reuters has this report.
Posted at 04:10 PM by Howard Bashman


"Obama nominates Pryor to appeals court": Bill Rankin and Daniel Malloy of The Atlanta Journal-Constitution have an article that begins, "President Barack Obama on Thursday nominated Atlanta lawyer Jill Pryor to serve on the federal appeals court and fill a vacancy that has stood since August 2010."

Alyson M. Palmer of The Fulton County Daily Report has a news update headlined "Obama nominates Jill Pryor for judge on 11th Circuit."

Yesterday, the White House issued a news release headlined "President Obama Nominates Jill A. Pryor to Serve on the US Court of Appeals."
Posted at 04:00 PM by Howard Bashman



"Texas Supreme Court justices say role of court is to interpret law": This article appears today in The Midland Reporter-Telegram.
Posted at 08:22 AM by Howard Bashman


"D.C. Circuit Examines $3.4B Settlement In Native American Trust Case": Mike Scarcella had this post yesterday at "The BLT: The Blog of Legal Times."
Posted at 08:20 AM by Howard Bashman


"New Haven could be headed back to U.S. Supreme Court, again over fire department issue": This article appeared yesterday in The New Haven Register.

And The New Haven Independent reports that "Ricci Aims At Supreme Court, Again."
Posted at 08:17 AM by Howard Bashman



"Solicitor general brings voice of reason to health care case": Joan Biskupic has this article today in USA Today.

Greg Stohr of Bloomberg News has a report headlined "Health-Care Law May Mean Other Buying Mandates, Clement Says."

And James Vicini of Reuters has a report headlined "Could Obama healthcare law force you to buy a car?"

Online at C-SPAN, you can access at this link the video of yesterday's media briefing on the health care cases at the National Press Club.
Posted at 08:14 AM by Howard Bashman



Thursday, February 16, 2012

In an opinion containing a paean to the U.S. Marshals Service, the Seventh Circuit affirms the conviction of a deputy U.S. Marshal found guilty of leaking information about a mob informant: You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.

In earlier coverage of the trial, The Chicago Tribune had articles headlined "U.S marshal trial: Jury convicts deputy U.S. marshal in mob-leak case" and "John Ambrose mob-leak trial: Witnesses in the dark."

And coverage from The Associated Press included reports headlined "Convicted Marshal Going to Prison Where Dad Died; John Ambrose sentenced to Texas prison for leaking information about mob investigation" and "Deputy Marshal Guilty of Leaking Info to Mob."
Posted at 01:06 PM by Howard Bashman



"Citizens United Part II: Montana Supreme Court Collides With U.S. Supreme Court." Mike Sacks of The Huffington Post has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Montana: Don't rush on campaign case."
Posted at 08:22 AM by Howard Bashman



"Supreme Court should take on New York City's rent control laws": Columnist George F. Will has this op-ed today in The Washington Post.
Posted at 08:20 AM by Howard Bashman


"Oklahoma Senate passes Personhood Act, saying life begins at conception; After two hours of debate, the state Senate voted 34-8 for a bill that states life begins at the moment of conception": This article appears today in The Oklahoman.

The Tulsa World reports today that "'Personhood' bill passes state Senate."

And The Associated Press reports that "Okla. Senate gives 'personhood' to embryos."
Posted at 07:52 AM by Howard Bashman



Wednesday, February 15, 2012

"Obama's recess appointments an abuse of power": Law professor Jonathan Turley has this op-ed today in USA Today.

Turley one of three witnesses who testified today before the House Judiciary Committee at a hearing entitled "Executive Overreach: The President's Unprecedented 'Recess' Appointment." You can access video of the hearing via this link.

In coverage of the hearing, Main Justice reports that "Legal Challenge to Recess Appointments Likely, Experts Say."
Posted at 10:09 PM by Howard Bashman



"Federal appeals court criticizes U.S. attorney's office for Arizona": Cronkite News has this report.

Today's edition of Metropolitan News-Enterprise reports that "Panel Rejects Bid to Remove Prosecutor's Name From Opinion; No 'Shield of Anonymity' for Wrongdoing Lawyers, Judges Say."

And Ginny LaRoe of The Recorder reports that "Circuit Takes Hard Line When Asked to Go Easy on Prosecutor."

My earlier coverage of yesterday's Ninth Circuit order appears at this link.
Posted at 01:20 PM by Howard Bashman



"Senate confirms Judge Adalberto Jordan to the federal appeals court": The Miami Herald has this blog post.

You can access the official U.S. Senate roll call tally at this link.

Update: The Associated Press reports that "Senate confirms Cuban-born judge to 11th Circuit."
Posted at 01:06 PM by Howard Bashman



"Child at center of high court fight over custody gets closure": Bill Mears of CNN.com has this report.
Posted at 08:10 AM by Howard Bashman


"The highway, the truck stop and the Supreme Court": This article appears today in The Toronto Globe and Mail.
Posted at 08:06 AM by Howard Bashman


"Ohio justice rejects death penalty law he wrote": The Associated Press has this report.
Posted at 08:04 AM by Howard Bashman


"NYT reporter James Risen asks court to protect sources": At Politico.com, Josh Gerstein has a blog post that begins, "Lawyers for New York Times reporter James Risen asked a federal appeals court on Tuesday to uphold a lower court's rulings that federal prosecutors should not be able to question him about most details of his confidential sources for a 2006 book that described a botched Central Intelligence Agency program to sabotage Iran's nuclear program."
Posted at 07:52 AM by Howard Bashman


"U.S. Senate to vote Wednesday on Miami federal judge": The Miami Herald has a blog post that begins, "The Senate is expected to vote at noon Wednesday to confirm Adalberto Jose Jordan, a Miami federal judge who was confirmed unanimously last year by the Senate Judiciary committee and who has the support of Florida Sens. Bill Nelson, a Democrat, and Marco Rubio, a Republican."

And today in The Washington Post, columnist Dana Milbank has an op-ed entitled "Does the GOP care about Latino voters?"
Posted at 07:40 AM by Howard Bashman



Tuesday, February 14, 2012

In Bashman news from Australia: Sky News has a report headlined "Investigation after cops bash man."
Posted at 11:26 PM by Howard Bashman


"Wednesday at the 2nd Circuit: venue battle in BofA MBS deal." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 04:55 PM by Howard Bashman


"The Court in a second Obama term": Tom Goldstein has this post at "SCOTUSblog."
Posted at 03:46 PM by Howard Bashman


"3rd Circuit 'Strongly' Disfavors Requests to Exceed Word Limits on Briefs": Today's edition of The Legal Intelligencer -- Philadelphia daily newspaper for lawyers -- contains this month's installment of my "Upon Further Review" column, in which I discuss an order discouraging motions to exceed the word limits applicable to briefs that the U.S. Court of Appeals for the Third Circuit issued last month.
Posted at 03:22 PM by Howard Bashman


"Held Hostage: Judicial Nominee Adalberto Jose Jordan; Rand Paul wants to send a message to his colleagues about U.S policy toward Egypt policy, but he's doing it by adding one wrong to another." Andrew Cohen has this essay online at The Atlantic.

Last night, Roll Call reported that "Rand Paul Holds Up Senate Action Over Detainees in Egypt."

At at The Hill, former U.S. Representative Tom Davis (R-Va.) has a blog post titled "90-day up-or-down vote on presidential nominations."
Posted at 03:14 PM by Howard Bashman



"[W]e remand this case for the district court to consider in the first instance whether the public has a First Amendment right of access to horse gathers, and, if so, whether the viewing restrictions are narrowly tailored to serve the government's overriding interests." Photojournalist Laura Leigh (whose blog you can access here) won this victory today in the U.S. Court of Appeals for the Ninth Circuit in her challenge to viewing restrictions that the Bureau of Land Management has imposed in connection with that agency's horse roundups.
Posted at 02:58 PM by Howard Bashman


"If federal prosecutors receive public credit for their good works--as they should-they should not be able to hide behind the shield of anonymity when they make serious mistakes." Last month, the Ninth Circuit issued a decision that condemned the actions of a particular federal prosecutor whom the decision identified by name. Thereafter, the prosecution filed a motion asking that the prosecutor's name be removed from the opinion. Today, the Ninth Circuit denied the motion by means of an order that offers additional criticisms of the prosecution's conduct in the matter.
Posted at 02:51 PM by Howard Bashman


In today's mail: Just in time for Valentine's Day, today's mail contained The Green Bag's 2012 Almanac & Reader. You can access excerpts from the book via this link.
Posted at 02:40 PM by Howard Bashman


"In this appeal, we must determine whether the Government established that the public park near where Defendant Willie D. West engaged in illicit drug activity contained the three 'separate apparatus' necessary to constitute a 'playground'": The U.S. Court of Appeals for the Tenth Circuit today offers this addition (a three-judge panel's decision consisting of a majority opinion and an opinion concurring in the judgment) to the growing body of federal appellate law addressing what constitutes a "playground" for purposes of federal criminal law.
Posted at 02:30 PM by Howard Bashman


"Supreme Court Cert Petition Spotlights Speech Limits on Securities Market": Glenn Lammi has this post today at "The Legal Pulse" blog of the Washington Legal Foundation.
Posted at 02:25 PM by Howard Bashman


"Nevis official met with Judge Breyer after robbery": The Associated Press has this report.
Posted at 12:11 PM by Howard Bashman


"Supreme Court Sluggers: Introducing the Scalia, Fortas, and Goldberg/Miller Trading Cards." Ross E. Davies, Craig D. Rust, and Adam Aft have this paper online at SSRN.
Posted at 10:22 AM by Howard Bashman


"A Q&A With the Author of 'The Last Justice': Though he's a lawyer at the Washington firm Arnold & Porter, Anthony J. Franze found time to write a riveting new thriller set in the secretive world of the Supreme Court." Lawrence Hurley has this post at the "Capital Comment Blog" of Washingtonian magazine.
Posted at 10:20 AM by Howard Bashman


"Guantanamo mail screeners ordered to keep mum": Reuters has this report.
Posted at 10:09 AM by Howard Bashman


"A High-Tech War on Leaks": In the Sunday Review section of this past Sunday's edition of The New York Times, Adam Liptak had a news analysis that begins, "Back in 2006, before the Obama administration made leak prosecutions routine, a panel of three federal appeals court judges in New York struggled to decide whether a prosecutor should be allowed to see the phone records of two New York Times reporters, Judith Miller and Philip Shenon, in an effort to determine their sources for articles about Islamic charities."
Posted at 09:48 AM by Howard Bashman


"N.J. Supreme Court nominee Phillip H. Kwon's intense privacy masks judicial leanings": The Bergen Record contains this article today.
Posted at 08:35 AM by Howard Bashman


"Scenes From a Marriage That Segregationists Tried to Break Up": This review of "The Loving Story" appears today in The New York Times.

Today's edition of The Washington Post contains a review headlined "HBO's 'The Loving Story': A resilient romance that changed history."

And The Miami Herald contains a review headlined "HBO's 'The Loving Story' victory on interracial marriage ban; On Valentine's Day, a new HBO documentary celebrates the marriage of an interracial couple who went all the way to the Supreme Court to fight for the right to love."
Posted at 08:33 AM by Howard Bashman



"Orie wants alleged leaks probed; Prosecution argues defense was source": Paula Reed Ward has this article today in The Pittsburgh Post-Gazette.

And The Pittsburgh Tribune-Review reports today that "Orie attorney asks for special prosecutor."
Posted at 08:30 AM by Howard Bashman



"In challenge to Ottawa, judge refuses to impose mandatory sentence": Today in The Toronto Globe and Mail, Kirk Makin has an article that begins, "An Ontario Superior Court judge has refused to impose a mandatory three-year sentence on a man caught with a loaded handgun, putting the courts on a collision course with the federal government's belief in fixed sentences that provide judges with little discretion."
Posted at 08:20 AM by Howard Bashman


"Congress looks for ways around Supreme Court": Ben Pershing has this article today in The Washington Post.
Posted at 08:12 AM by Howard Bashman


"Judge Molloy: Supreme Court likely to strike down state spending ban." Today's edition of The Missoulian contains an article that begins, "The Montana Supreme Court decision reaffirming the state's ban on direct corporate spending on political candidates is unlikely to stand, U.S. District Judge Donald Molloy said Monday."

And today's edition of The New York Times contains an editorial entitled "Montana and the Supreme Court."
Posted at 08:09 AM by Howard Bashman



"Judge Scalia makes up with University of Chicago": Abdon M. Pallasch has this article today in The Chicago Sun-Times.

And The Chicago Tribune reports today that "Scalia defends his originalist view at U. of C.; Supreme Court justice sees Constitution as 'static.'"
Posted at 08:00 AM by Howard Bashman



Monday, February 13, 2012

"Supreme Court justice, wife robbed in Caribbean": James Vicini of Reuters has this report.

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Breyer Robbed at Caribbean Vacation Home."
Posted at 11:32 PM by Howard Bashman



"Despite Vote, Judicial Nomination On Hold": Nina Totenberg of NPR has this blog post.
Posted at 11:27 PM by Howard Bashman


"NC Supreme Court justices hear student bra search case": The News & Observer of Raleigh, North Carolina has this update.

And The Associated Press reports that "NC Supreme Court hears student bra search case."
Posted at 11:26 PM by Howard Bashman



"U.S. appeals court hears challenge to Prop. 209": Bob Egelko of The San Francisco Chronicle has this news update.

And Howard Mintz of The San Jose Mercury News has an update headlined "Affirmative action ban challenge gains little traction in court."
Posted at 11:20 PM by Howard Bashman



"Court hears challenge to CA affirmative action ban": The Associated Press has a report that begins, "Backers of affirmative action asked a federal appeals court Monday to overturn California's 15-year-old ban on considering race in public college admissions, citing a steep drop in black, Latino and Native American students at the state's elite campuses."
Posted at 06:00 PM by Howard Bashman


"Miami federal judge likely to be confirmed, but in messy process": The Miami Herald has a blog post that begins, "A dispute in the U.S. Senate over President Barack Obama's executive branch nominees threatens to snag the appointment of the first Cuban-born judge to the 11th U.S. Circuit Court of Appeals."
Posted at 04:30 PM by Howard Bashman


"Justice Breyer robbed at West Indies vacation home": The Associated Press has a report that begins, "A Supreme Court spokeswoman says Justice Stephen Breyer was robbed last week by a machete-wielding intruder at his vacation home in the West Indies."

And The St. Kitts-Nevis Observer reports that "FBI in Nevis Investigating Robbery of U.S. Judge."
Posted at 04:20 PM by Howard Bashman



"Significant feud over an SG brief": Lyle Denniston has this post at "SCOTUSblog."
Posted at 03:42 PM by Howard Bashman


"Prop. 8 simply can't justify itself: What potentially dooms Proposition 8 as it nears the Supreme Court is not necessarily the distinct whiff of prejudice but a lingering impression of incoherence." Law professor Dale Carpenter has this op-ed today in The Los Angeles Times.
Posted at 01:48 PM by Howard Bashman


"Ginsburg's Right, U.S. Constitution Is a Bad Model": Law professor Noah Feldman has this essay online at Bloomberg News.
Posted at 01:24 PM by Howard Bashman


Sunday, February 12, 2012

"Supreme Court justices are being served on late-night television": Robert Barnes will have this article Monday in The Washington Post.
Posted at 11:02 PM by Howard Bashman


"N.C. high court to hear bra search case": The Associated Press has this report.
Posted at 01:16 PM by Howard Bashman


"Terminal cancer can't shake Supreme Court Justice's spirit": This article appears today in The Spokesman-Review of Spokane, Washington.
Posted at 01:14 PM by Howard Bashman


"Is it bribery or just politics?" In today's edition of The Washington Post, columnist George F. Will has an op-ed that begins, "All elected officials, and those who help finance elections in the expectation that certain promises will be kept -- and everyone who cares about the rule of law -- should hope the Supreme Court agrees to hear Don Siegelman's appeal of his conviction."
Posted at 01:12 PM by Howard Bashman


"An ominous silence on the Supreme Court: Justice Elena Kagan should explain why she's not heeding the calls to recuse herself from the soon-to-be-heard Obama healthcare case." Law professor Eric J. Segall has this op-ed today in The Los Angeles Times.
Posted at 01:08 PM by Howard Bashman


"Prop. 8: Supreme Court may redefine gay rights." Bob Egelko has this article today in The San Francisco Chronicle.

In last Thursday's edition of The Los Angeles Times, David G. Savage had an article headlined "Gay marriage fight may hinge on Supreme Court's Anthony Kennedy; Justice Anthony Kennedy, a Republican, hasn't toed the conservative line on gay rights; That may deter the Supreme Court from taking the Proposition 8 case."

And in today's edition of The LATimes, law professor Michael Klarman has an op-ed entitled "Why gay marriage is inevitable: With more openly gay people and strong support for same-sex unions among the young, the war is over even as the fighting continues."
Posted at 01:00 PM by Howard Bashman



"More than 400 attend memorial for federal judge Wesley Brown, 104": In today's edition of The Wichita Eagle, Ron Sylvester has an article that begins, "Skyler O'Hara recalled receiving a phone call, just out of law school, from a federal judge in Wichita interviewing law clerks. 'Do you know what a senior judge is?' O'Hara remembered Wesley E. Brown asking. 'No,' O'Hara, then 26, told him in 2003. 'Well, when you meet me, you'll know what it means,' Judge Brown said."
Posted at 11:10 AM by Howard Bashman


"Under the U.S. Supreme Court: Son of Bush vs. Gore." Michael Kirkland of UPI has this report.
Posted at 11:02 AM by Howard Bashman


Saturday, February 11, 2012

"Oldest federal judge remembered at Kan. service": The Associated Press has this report.
Posted at 09:02 PM by Howard Bashman


"Rakoff: DOJ may have engaged in a 'shuffle' in SCOTUS brief." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 08:55 PM by Howard Bashman


Friday, February 10, 2012

"Ginsburg questions 1973 abortion ruling's timing": The Associated Press has a report that begins, "Supreme Court Justice Ruth Bader Ginsburg suggested Friday that her predecessors on the high court mistimed the milestone 1973 Roe v. Wade case that legalized abortion nationwide."
Posted at 04:12 PM by Howard Bashman


"Gay Marriage Ruling, Written To Appeal To Justice Kennedy, Could Backfire": Mike Sacks of The Huffington Post has this report.
Posted at 04:00 PM by Howard Bashman


"Court hears appeal for woman who shot at US troops": The Associated Press has this report on a case argued today in the U.S. Court of Appeals for the Second Circuit.
Posted at 03:45 PM by Howard Bashman


"New Citizens United sequel": Lyle Denniston has this post at "SCOTUSblog."
Posted at 02:37 PM by Howard Bashman


"Rubashkin Hires Former SG Paul Clement for Supreme Court Challenge": Ryan Koopmans has this post today at the "On Brief" blog, which focuses on appellate developments in Iowa.
Posted at 02:24 PM by Howard Bashman


Today's "Petition of the day" at "SCOTUSblog": Miguel A. Estrada's petition for writ of certiorari in Comcast Corp. v. Behrend, presenting the question:
Whether a district court may certify a class action without resolving "merits arguments" that bear on Federal Rule of Civil Procedure 23's prerequisites for certification, including whether purportedly common issues predominate over individual ones under Rule 23(b)(3).
You can access the Third Circuit's ruling in the case at this link.
Posted at 01:18 PM by Howard Bashman


"Judge Suggests U.S. Misled Supreme Court on Immigration Policy": Jess Bravin has this article today in The Wall Street Journal.
Posted at 12:45 PM by Howard Bashman


"Sonogram law draws complaints about two-day process": Chuck Lindell has this article today in The Austin American-Statesman.

And The Associated Press has a report headlined "Appeals court: No rehearing on Texas sonogram rule."
Posted at 12:40 PM by Howard Bashman



"High court asked to undo Mont. campaign money ban": The Associated Press has a report that begins, "Corporations are asking the Supreme Court to allow them to spend freely to influence upcoming elections in Montana, despite a state high court ruling upholding a ban on independent corporate campaign spending."

And at "The BLT: The Blog of Legal Times," Marcia Coyle has a post titled "Montana Independent Expenditure Challengers Ask Justice Kennedy To Stay Lower Court Ruling."

Update: You can view the stay application filed in the U.S. Supreme Court at this link.
Posted at 12:30 PM by Howard Bashman



Programming note: Due to an out-of-town court appearance related to an appeal that I'm working on, additional posts will not appear here until midday today.
Posted at 05:14 AM by Howard Bashman


Thursday, February 9, 2012

"Mike Lee continues lonely fight against Obama": The Salt Lake Tribune has a news update that begins, "Sen. Mike Lee voted against a judicial nominee from California on Thursday, keeping up his lonely protest against President Barack Obama's recess appointments."
Posted at 08:20 PM by Howard Bashman


"Federal Judge OKs School Prayer Settlement, Answers Critics": Mark Walsh has this very interesting post at the "School Law" blog of Education Week.
Posted at 08:16 PM by Howard Bashman


"Obama, Congress must fill lower federal court openings": Law professor Carl Tobias has this essay online at the McClatchy Newspapers web site.
Posted at 08:14 PM by Howard Bashman


"Senate Judiciary Approves Bill Requiring Cameras in Supreme Court": Tony Mauro has this post at "The BLT: The Blog of Legal Times."

And Reuters reports that "Senate panel approves bill to televise high court."
Posted at 04:26 PM by Howard Bashman



"Gay Marriage Advocates Hope for Sweeping Supreme Court Ruling, Right? Wrong!" Ariane de Vogue of ABC News has this blog post.
Posted at 02:16 PM by Howard Bashman


"Both sides arguing pardons case today": Today's edition of The Clarion-Ledger of Jackson, Mississippi contains an article that begins, "Based on arguments presented today, the Mississippi Supreme Court could decide that most of former Gov. Haley Barbour's 200-plus pardons are not valid. Or, the state high court could decide the governor's pardon power is absolute and cannot be reviewed by judges."

The Supreme Court of Mississippi's live oral argument video stream can be accessed by clicking here.
Posted at 12:03 PM by Howard Bashman



"Gambling With Gay Marriage": Law professor David Cole has this blog post online at The New York Review of Books.
Posted at 12:00 PM by Howard Bashman


"States line up to challenge stringent Section 5 voting rights provision": Robert Barnes of The Washington Post has this report.
Posted at 11:52 AM by Howard Bashman


"Bill Would Allow Cameras in the Supreme Court": Coverage of this morning's Senate Judiciary Committee executive business meeting to consider the bill is available live now via C-SPAN3.
Posted at 10:02 AM by Howard Bashman


"The Last Line of Defense: An unlikely crusader, Diana Holt wages a heroic, long-odds battle against the death penalty." Raymond Bonner will have this article in the March 2012 issue of The Atlantic Monthly. The article is adapted from Bonner's forthcoming book, "Anatomy of Injustice: A Murder Case Gone Wrong."
Posted at 09:27 AM by Howard Bashman


"Suit filed over Jesus statue": This article appears today in The Daily Inter Lake of Kalispell, Montana.

And The Associated Press reports that "Lawsuit filed over Jesus statue on public land."
Posted at 08:11 AM by Howard Bashman



"Group wants Supreme Court to save war memorial": The Associated Press has a report that begins, "Supporters of a war memorial cross deemed unconstitutional last year by a federal court plan to ask the Supreme Court to reverse the decision, amid a growing fight nationwide over the use of religious symbols to honor fallen troops."
Posted at 08:06 AM by Howard Bashman


Wednesday, February 8, 2012

"Malaysian professor on 'no-fly' list wins chance to argue her case in U.S. courts": The San Jose Mercury News has this update.

Terry Baynes of Reuters reports that "Former doctoral student can sue over no-fly list."

The Associated Press has a report headlined "Court: Stanford student on 'no-fly list' can sue."

And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Court Revives Challenge to No-Fly List."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:40 PM by Howard Bashman



"PETA's whale slavery suit tossed": Greg Moran of The San Diego Union-Tribune has this news update.

And The Associated Press reports that "Judge tosses case seeking rights for orcas."
Posted at 10:30 PM by Howard Bashman



"Ganging up on Ginsburg -- way too quickly": Columnist Jeff Jacoby has this op-ed today in The Boston Globe.
Posted at 10:22 PM by Howard Bashman


"Gay marriage foes weigh their next move": Howard Mintz of The San Jose Mercury News has this update.
Posted at 10:12 PM by Howard Bashman


"Whose Conscience?" Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 10:08 PM by Howard Bashman


"Appeals court halts deportation of 7 immigrants": The Associated Press has a report that begins, "A San Francisco-based federal appeals court is putting the Obama administration's new immigration directive to the test by halting the deportation of seven immigrants alleged to be in the country illegally."
Posted at 05:10 PM by Howard Bashman


"California's Gay Marriage Ban Case May Be Quickly Headed to Supreme Court": Bloomberg News has this report.

And today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Calif. Ban On Gay Marriage Ruled Unconstitutional."
Posted at 01:14 PM by Howard Bashman



"US Supreme Court won't permit Ohio execution": The Associated Press has this report.
Posted at 11:40 AM by Howard Bashman


Sesame Street: Sonia Sotomayor -- "The Justice Hears a Case." Video of Justice Sotomayor's recent appearance on "Sesame Street" is now available online via YouTube at this link.

My earlier coverage appears here.
Posted at 11:33 AM by Howard Bashman



"Experts: Marriage ban's path to high court unclear." The Associated Press has this report.
Posted at 07:49 AM by Howard Bashman


Tuesday, February 7, 2012

Available online from National Public Radio: Today's broadcast of "Talk of the Nation" contained an audio segment entitled "The Next Step For California's Gay Marriage Ban" featuring Nina Totenberg.

And this evening's broadcast of "All Things Considered" contained an audio segment entitled "California's Same-Sex Marriage Ban Is Unconstitutional, Court Says."
Posted at 10:34 PM by Howard Bashman



Dissenting opening paragraph of the day: Tenth Circuit Judge Neil M. Gorsuch today issued a dissenting opinion that begins:
In the richness of the English language, few things can create as much mischief as piling prepositional phrase upon prepositional phrase. The child says, "I saw the man on the hill with the telescope." Did the child use the telescope to see the man on the hill? Or did the child see a man -- or even a hill -- bearing a telescope? A newspaper headline heralds, "Brothers Reunited after 20 Years on a Roller Coaster." Did the brothers recently bump into each other at an amusement park? Or were they the long suffering experimental subjects of some evil genius?
You can access today's ruling of a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 10:28 PM by Howard Bashman


"States Target Foreign Law; Critics Say Bills Curbing Judges' Discretion Are Unneeded, Show Anti-Islam Bias": Ashby Jones and Joe Palazzolo have this article today in The Wall Street Journal.
Posted at 10:20 PM by Howard Bashman


"For Prop 8, No Hollywood Endings: Today, the most liberal judges in the most liberal state could have made history; Instead, they opted for much less." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 08:40 PM by Howard Bashman


The latest target of the Seventh Circuit's ire for not living up to that court's expected standards is the law firm of Morgan, Lewis & Bockius: You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link. Chief Judge Frank H. Easterbrook, writing for a unanimous three-judge panel, explains (among other expressions of dissatisfaction found in the opinion) that "Morgan, Lewis & Bockius, LLP, which represents Northrop, should be able to tell the difference between residence and domicile, and should not have any difficulty complying with Rule 38."

Looking on the bright side, however, Morgan Lewis's client did nevertheless win the appeal.
Posted at 08:22 PM by Howard Bashman



"Prop 8 Ruling: Same-Sex Marriage Ban Rests Unconstitutionally On Dislike Of Gays, 9th Circuit Says." Mike Sacks of The Huffington Post has this report.
Posted at 06:07 PM by Howard Bashman


"In Prop. 8 Ruling, the Liberal Lion Coos; Stephen Reinhardt's opinions sometimes have a short shelf life, but this one seems to be built to last": Law professor Garrett Epps has this essay online at The American Prospect.

And online at The Atlantic, Andrew Cohen has an essay entitled "What's Next for Proposition 8? Same-sex marriage supporters are celebrating today's 9th Circuit ruling; But the real question is whether the opinion will persuade the Supreme Court."
Posted at 05:06 PM by Howard Bashman



"Appeals court puts 5 deportation cases on hold": In today's edition of The San Francisco Chronicle, Bob Egelko has an article that begins, "A sharply divided federal appeals court put five deportation cases on hold Monday and asked the government how the immigrants, mostly longtime residents with U.S. citizen children, fit into the Obama administration's plan to focus on removing the most dangerous illegal entrants."
Posted at 04:53 PM by Howard Bashman


"Court upholds CDC counselor's firing over same-sex marriage flap": Bill Rankin of The Atlanta Journal-Constitution has this news update.

And The Associated Press reports that "US court sides with CDC over fight with counselor."

You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 02:43 PM by Howard Bashman



"Initial Thoughts on 9th Circuit Prop. 8 Decision": Law professor Rick Hasen has this post at his "Election Law Blog."

And at "The Volokh Conspiracy," law professor Orin Kerr looks ahead in a post titled "Supreme Court Grants Cert in Prop 8 Case."

Update: Also at "The Volokh Conspiracy," Eugene Volokh has a post titled "Thoughts on the Ninth Circuit's Same-Sex Marriage Decision."

And at National Review Online's "Bench Memos" blog, Ed Whalen has a post titled "Initial Assessment of Ninth Circuit's Anti-Prop 8 Ruling."
Posted at 02:40 PM by Howard Bashman



"A U.S. appeals court rules Prop. 8 unconstitutional": Bob Egelko of The San Francisco Chronicle has this news update.

Maura Dolan of The Los Angeles Times has a blog post titled "Prop. 8: Gay-marriage ban unconstitutional, court rules."

Howard Mintz of The San Jose Mercury News has an update headlined "California gay marriage ban struck down by federal appeals court."

Joan Biskupic of USA Today has a news update headlined "Appeals court strikes down Calif.'s gay marriage ban."

Geoffrey A. Fowler and Jess Bravin of The Wall Street Journal have a news update headlined "Appeals Court Rejects Gay Marriage Ban."

The New York Times has a news update headlined "Court Strikes Down Ban on Gay Marriage in California."

Robert Barnes of The Washington Post has a news update headlined "Calif. same-sex marriage ban ruled unconstitutional."

The Sacramento Bee has a blog post titled "Appeals court upholds gay marriage."

And The San Diego Union-Tribune has a news update headlined "Court rejects ban on same-sex marriage."
Posted at 01:30 PM by Howard Bashman



Access online today's ruling of the U.S. Court of Appeals for the Ninth Circuit in the Proposition 8 case: I have posted the ruling online at this link. And the court has posted the ruling at this link.

In the majority opinion, written by Circuit Judge Stephen Reinhardt, the court has ruled that Proposition 8 violates the Fourteenth Amendment to the U.S. Constitution. Circuit Judge N. Randy Smith issued an opinion dissenting in part in which he explains that he is not convinced that Proposition 8 is not rationally related to a legitimate government interest.

In early news coverage, The Associated Press has a report headlined "Court: CA gay marriage ban is unconstitutional."

Reuters has a report headlined "California gay marriage ban unconstitutional: ruling."

Bloomberg News reports that "California's Gay Marriage Ban Ruled Unconstitutional by U.S. Appeals Court."

And at "SCOTUSblog," Lyle Denniston has a post titled "Ban on gay marriage struck down."
Posted at 01:01 PM by Howard Bashman



"This is not your typical lawsuit against the Government. Plaintiffs here have sued because they don't want government benefits. They seek to disclaim their legal entitlement to Medicare Part A benefits for hospitalization costs." So begins the majority opinion, written by Circuit Judge Brett M. Kavanaugh, that a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued today.

Update: In early news coverage,The Associated Press has a report headlined "Appeals court: Seniors can't reject Medicare right."
Posted at 10:46 AM by Howard Bashman



"Obama quasi-endorses constitutional amendment to limit money in politics": Josh Gerstein has this blog post at Politico.com.
Posted at 09:35 AM by Howard Bashman


"High Court Halftime: The October 2011 Term At Midpoint." The Washington Legal Foundation is hosting this event today, scheduled to begin moments from now at 9:30 a.m. eastern time. Scheduled to participate in the discussion are the Honorable Dick Thornburgh, Carter Phillips, and Douglas Hallward-Driemeier.

After completing a free online registration, you can watch the program live, online via this link.
Posted at 09:27 AM by Howard Bashman



"Mother fighting Social Security Administration may set court precedent": FOX 13 News of Salt Lake City has a report that begins, "A child conceived after his father's death. Should his mother have a legal right to Social Security benefits? One Utah woman says yes and is taking her case to the Utah Supreme Court."
Posted at 08:47 AM by Howard Bashman


"HIV-disclosure obligations under scrutiny in separate cases": Kirk Makin had this article yesterday in The Toronto Globe and Mail.
Posted at 08:44 AM by Howard Bashman


"Judge says he was forced to dismiss challenge to Texas sonogram law": Chuck Lindell has this article today in The Austin American-Statesman.
Posted at 08:42 AM by Howard Bashman


"Court hears case of the gated gator that gobbled the guest granny": This article appears today in The Savannah Morning News.

And in today's edition of The Atlanta Journal-Constitution, Bill Rankin reports that "Court hears lawsuit about alligator attack."
Posted at 08:40 AM by Howard Bashman



"2 different career paths define Christie N.J. Supreme Court nominees": Today's edition of The Newark Star-Ledger contains an article that begins, "One nominee has logged long hours in the courtroom, and the other has rarely appeared before a judge. One has a $3.5 million real estate portfolio, while the other owns less than $1 million worth of property."
Posted at 08:37 AM by Howard Bashman


"Top court asked to hear issue on Banks; Prosecutors say court that ruled Banks incompetent to be executed misapplied law": In today's edition of The Times Leader of Wilkes-Barre, Pennsylvania, Terrie Morgan-Besecker has an article that begins, "Prosecutors have asked the U.S. Supreme Court to hear an appeal of a court ruling that deemed mass murderer George Banks incompetent to be executed."
Posted at 08:36 AM by Howard Bashman


"Georgia Court Rejects Law Aimed at Assisted Suicide": The New York Times contains this article today.

My earlier coverage of yesterday's Georgia Supreme Court ruling appears at this link.
Posted at 08:33 AM by Howard Bashman



"U.S. judge says he'll rule 'with dispatch' on Pennsylvania's 2012 voting map": This article appears today in The Philadelphia Inquirer.
Posted at 08:27 AM by Howard Bashman


"Court to rule on California gay marriage ban": Peter Henderson and Dan Levine of Reuters have this report.
Posted at 08:25 AM by Howard Bashman


Monday, February 6, 2012

"Appeals court expected to rule Tuesday on Prop. 8": Bob Egelko of The San Francisco Chronicle has this news update.

And Howard Mintz of The San Jose Mercury News has an update headlined "Gay marriage ruling Tuesday likely step toward U.S. Supreme Court."
Posted at 10:54 PM by Howard Bashman



"Business group states case against health care mandate; Brief filed ahead of Supreme Court date": The Washington Times has this news update.

James Vicini of Reuters has an article headlined "Opponents: Congress went too far in Obama healthcare law."

And Seth Stern of Bloomberg News reports that "Health-Care Case Tests U.S. Supreme Court's Rejection of Live Broadcasts."
Posted at 10:51 PM by Howard Bashman



"The Court That Broke Jersey: The state's activist judiciary has forced taxpayers to finance unprecedented educational and housing regimes." Steven Malanga has this article in the Winter 2012 issue of City Journal.
Posted at 10:42 PM by Howard Bashman


"FBI cuts back on GPS surveillance after Supreme Court ruling": USA Today has this news update.
Posted at 10:32 PM by Howard Bashman


"Defendant Ordered to Decrypt Laptop May Have Forgotten Password": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 06:07 PM by Howard Bashman


"Judge weighs PETA whale slavery lawsuit": Greg Moran of The San Diego Union-Tribune has a news update that begins, "A federal judge appeared skeptical Monday of arguments that orca whales that perform at SeaWorld are being held as slaves and that their confinement violates the constitutional ban on slavery."
Posted at 04:42 PM by Howard Bashman


"Tucson suspect's stay at Mo. facility extended": The Associated Press has this report.
Posted at 04:40 PM by Howard Bashman


The Ninth Circuit's Proposition 8 ruling may not issue until tomorrow, but at least one aspect of that ruling has been revealed today: Moments ago, the three-judge Ninth Circuit panel assigned to the case issued an order stating that "As we explain in our concurrently-filed opinion in Perry v. Brown, Nos. 10-16696 and 11-16577, we deny as untimely the motion of Chuck Storey, County Clerk of Imperial County, to intervene as a Defendant-Appellant. We also consider the motion as a motion to intervene in the companion appeal, No. 10-16696, and deny it as well for the same reason."

Meanwhile, at "SCOTUSblog," Lyle Denniston previews tomorrow's Ninth Circuit ruling in a post titled "Prop. 8: Final ruling due."

Update: The Ninth Circuit's docket entry for the order issued earlier this afternoon on which I have reported above has more recently been amended to read "COURT DELETED INCORRECT/DUPLICATE ENTRY-- ORDER ISSUED IN ERROR. Notice about deletion sent to case participants registered for electronic filing."

In other words, it appears that the Ninth Circuit's order rejecting the motion to intervene filed by the County Clerk of Imperial County, California should not have issued until tomorrow. Unfortunately, the Ninth Circuit has already sent the text of its now-withdrawn order to countless subscribers of that court's Proposition 8 email alert list, and thus it will be rather difficult to unring this particular bell.
Posted at 04:32 PM by Howard Bashman



"Judges already citing Wal-Mart ruling in environmental cases": Lawrence Hurley of Greenwire has this report.
Posted at 04:17 PM by Howard Bashman


"'We the People' Loses Appeal With People Around the World": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 03:18 PM by Howard Bashman


"Ga. court hears case of woman killed by alligator": The Associated Press has this report.
Posted at 02:54 PM by Howard Bashman


"Ruling near on Calif. same-sex marriage ban": The Associated Press has a report that begins, "A federal appeals court is ready to announce its ruling on whether California's same-sex marriage ban violates the constitutional rights of gays and lesbians."

Today, the Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has issued an announcement titled "Advance Notice of Opinion Filing" stating that by 1 p.m. eastern time tomorrow that court will issue its ruling "regarding the constitutionality of Proposition 8 and the denial of a motion to vacate the lower court judgement in the case."
Posted at 02:10 PM by Howard Bashman



"Justice Kennedy As Healthcare Swing Vote: Which Way Will He Go?" Bloomberg Law has posted online this video segment.
Posted at 12:12 PM by Howard Bashman


"Senate GOP: Activist Federal Judges Wanted; The hypocrisy of a group of Republicans who are supporting the lawsuit against Obama's recess appointments." Andrew Cohen has this essay online at The Atlantic.
Posted at 11:15 AM by Howard Bashman


"Act with dispatch to ease federal courts' vacancy burden": Timothy K. Lewis has this op-ed today in The Philadelphia Inquirer.

And yesterday's edition of The Register-Guard of Eugene, Oregon contained an editorial entitled "Fix confirmation process; Merkley's proposal would expedite nominations."
Posted at 11:11 AM by Howard Bashman



"Court strikes down Georgia's assisted-suicide law": Bill Rankin of The Atlanta Journal-Constitution has this news update.

And The Associated Press reports that "Ga. court overturns assisted suicide restrictions."

You can access today's ruling of the Supreme Court of Georgia at this link.
Posted at 11:04 AM by Howard Bashman



Sunday, February 5, 2012

"The Citizens United catastrophe": Columnist E.J. Dionne Jr. will have this op-ed Monday in The Washington Post.

And at The Huffington Post, law professor Geoffrey R. Stone has an essay entitled "Is Money Speech?"
Posted at 09:20 PM by Howard Bashman



"UK Supreme Court to take up tweeting": The Associated Press has this report. You can access that court's Twitter feed by clicking here.

Update: Also available online is the official "Twitter policy for The UK Supreme Court."
Posted at 09:17 PM by Howard Bashman



"Obama could alter stance of federal appeals courts": Mark Sherman of The Associated Press has an article that begins, "A second term for President Barack Obama would allow him to expand his replacement of Republican-appointed majorities with Democratic ones on the nation's appeals courts, the final stop for almost all challenged federal court rulings."
Posted at 12:55 PM by Howard Bashman


"Politics and the Supreme Court": Today's edition of The New York Times contains this editorial.
Posted at 09:33 AM by Howard Bashman


"Upper Macungie woman's map made the redistricting difference; Amanda Holt's work on map of state voting districts pivotal in court's decision": This article appeared yesterday in The Morning Call of Allentown, Pennsylvania.

And today in The Harrisburg Patriot-News, Heather Long has an essay entitled "Convincing a court to rethink redistricting" that begins, "Amanda Holt is Pennsylvania's Erin Brockovich, albeit with a more conservative wardrobe and less swearing. The 29-year-old from Allentown almost single-handedly convinced the state Supreme Court to do what it has never done before: Reject the redistricting maps."
Posted at 09:30 AM by Howard Bashman



"Scalia: Routine criminal cases clog federal courts." The Associated Press has this report.

And at the ABA Journal's "Law News Now" blog, Debra Cassens Weiss has a post titled "Scalia Denies Abortion Views Influenced by Religion, Calls His GPS Opinion 'Defendant Friendly.'"
Posted at 09:25 AM by Howard Bashman



"Under the U.S. Supreme Court: Pushing Kagan out of the healthcare case." Michael Kirkland of UPI has this report.
Posted at 09:22 AM by Howard Bashman


Saturday, February 4, 2012

"Deters challenges Supreme Court justice on death penalty": Today in The Cincinnati Enquirer, Dan Horn has an article that begins, "Hamilton County Prosecutor Joe Deters called on Friday for Ohio Supreme Court Justice Paul Pfeifer to stop deciding death penalty cases because of the justice's recent public criticism of capital punishment."
Posted at 01:20 PM by Howard Bashman


"Ga. Supreme Court to hear Landings gator attack suit Monday": This article appears today in The Savannah Morning News.
Posted at 01:15 PM by Howard Bashman


"N.J. Senate Dems to request Supreme Court nominee's tax documents": The Newark Star-Ledger contains this article today.
Posted at 01:14 PM by Howard Bashman


"Redistricting may delay Pennsylvania primary; State Supreme Court says legislative maps must be less divisive": This article appears today in The Pittsburgh Post-Gazette.

The Philadelphia Inquirer reports today that "Legislators says rejection of Pa. redistricting imperils April primary."

The Pittsburgh Tribune-Review reports that "High court gives reason for nixing redrawn districts."

The Times Leader of Wilkes-Barre, Pennsylvania reports that "Court clarifies why redistricting plan nixed."

The Allentown Morning Call reports that "Pennsylvania Supreme Court explains why it tore up state political map; Questions abound over impact on state primary election."

The York Daily Record reports that "Local officials react to state Supreme Court redistricting decision; Local officials say they know little more now than they did before."

And in The Unionville (Pa.) Times, Mike McGann has an essay entitled "Pileggi plan taken out by a piano teacher; State Senate Majority Leader -- and our senator -- taken to task for poor lines, poor time management on redistricting."

My earlier coverage of the opinions that the Supreme Court of Pennsylvania issued yesterday in this case can be accessed here.
Posted at 01:10 PM by Howard Bashman



"U.S. urges more health care argument": Lyle Denniston has this post at "SCOTUSblog."
Posted at 09:40 AM by Howard Bashman


Friday, February 3, 2012

"Supreme Court to hear Arizona immigration case April 25": The Arizona Republic has this news update.

And James Vicini of Reuters has an article headlined "Supreme Court: Arizona immigration arguments April 25."
Posted at 07:45 PM by Howard Bashman



"Senate Republicans to challenge recess appointments in court": The Hill has this report.
Posted at 03:05 PM by Howard Bashman


The Supreme Court of Pennsylvania has just issued opinions relating to that court's recent legislative redistricting decision: Pennsylvania's highest court has just issued a majority opinion, two opinions concurring in part and dissenting in part (here and here), and a dissenting opinion.

Update: In early news coverage, The Associated Press reports that "Pa. Supreme Court issues rulings on Assembly lines."
Posted at 02:31 PM by Howard Bashman



"Supreme Court At Mid-Term: Hints Of Health Reform Decision." Mike Sacks of The Huffington Post has this report.
Posted at 02:22 PM by Howard Bashman


"Studying with Sotomayor: Richardson visited by first Latina Supreme Court Justice." The Ka Leo, the student newspaper of The University of Hawaii, had this article in Wednesday's edition.

And the blog "Record on Appeal" has posted this recap of an event titled "A Conversation with Justice Sotomayor: Work Ethic and What it Takes to Be a Supreme Court Justice."
Posted at 01:52 PM by Howard Bashman



"Defenders seek 9/11 trial delay, blame Guantanamo legal mail dispute; This time, Pentagon defense lawyers are citing a new Guantanamo prison camp controversy involving inspection of confidential mail in their request for a delay in the Sept. 11 mass murder case": Carol Rosenberg has this article today in The Miami Herald.
Posted at 11:22 AM by Howard Bashman


"Roommate-finder doesn't facilitate discrimination, court rules; The 9th Circuit Court of Appeals finds Roommates.com and services like it aren't obligated to force unwanted roommates on their clients; 'There's no place like home,' the court says": Carol J. Williams has this article today in The Los Angeles Times.

In today's edition of The San Francisco Chronicle, Bob Egelko reports that "Court excepts roommate site from housing bias laws."

And Terry Baynes of Reuters reports that "Roommate site does not violate housing laws."

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 11:20 AM by Howard Bashman



Attorney discipline, Seventh Circuit style: This blog does not go out of its way to focus on appellate court criticism of substandard attorney performance, because that's not this blog's main focus, and in all honesty those cases can be rather depressing.

Nonetheless, yesterday a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued a decision that is quite noteworthy, not only for its substance and style, but also for how many chances that court appears to have given the attorney in question to remedy her mistakes.

Bruce Vielmetti of The Milwaukee Journal Sentinel covers the ruling today in a blog post titled "7th Circuit disbars well known Milwaukee lawyer."
Posted at 11:11 AM by Howard Bashman



View online the BYU 2012 Law Review Symposium panel discussion titled "Reporting on the Nation's Highest Court": As detailed here, participating in the panel discussion were Lyle Denniston, Adam Liptak, Dahlia Lithwick, and Tony Mauro. You can launch the video of the panel discussion by clicking here.
Posted at 11:02 AM by Howard Bashman


"Federal Court to Decide Whether Former Abu Ghraib Prisoners Can Sue U.S. Contractors for Damages": Ariane de Vogue of ABC News has this report.
Posted at 10:37 AM by Howard Bashman


"Lotter asks U.S. Supreme Court to review case": This article appears today in The Lincoln (Neb.) Journal Star.
Posted at 10:35 AM by Howard Bashman


Thursday, February 2, 2012

"Court orders Prop. 8 trial videos to remain sealed": Bob Egelko of The San Francisco Chronicle has this news update.

Howard Mintz of The San Jose Mercury News has an update headlined "Proposition 8 gay marriage ban trial video release denied."

Maura Dolan of The Los Angeles Times has a blog post titled "Gay marriage proponents decry ruling on Proposition 8 trial video."

Warren Richey of The Christian Science Monitor has an article headlined "Judges bar viewing of gay marriage trial videos: what they're protecting; A federal appeals court rejected the release of video recordings of a landmark gay marriage trial, saying the trial judge's order to keep them under wraps must be honored to preserve judicial integrity."

Dan Levine of Reuters reports that "Gay marriage trial videos should stay under wraps-ruling."

Bloomberg News reports that "Proposition 8 Trial Video to Remain Sealed as Court Considers Gay Marriage."

And Ariane de Vogue of ABC News has a blog post titled "Federal Court Blocks Release of Videotapes of 2010 Prop 8 Trial."

My earlier coverage of today's Ninth Circuit ruling appears at this link.
Posted at 10:36 PM by Howard Bashman



"GOP wary of Mike Lee's battle with Obama": The Salt Lake Tribune has a news update that begins, "Senate Republicans have thrashed President Barack Obama for making recess appointments they call unconstitutional. But none of them appears to support Sen. Mike Lee's plan to retaliate by resisting every nomination the president makes."
Posted at 10:28 PM by Howard Bashman


"Court rules against abortion protester": The Philadelphia Daily News has an update that begins, "An antiabortion protester who was arrested for refusing to move to another spot on Independence Mall in 2007 can't collect damages from two park rangers who detained him, a federal appeals court in Philadelphia ruled Thursday."

You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 10:06 PM by Howard Bashman



"Colbert v. the Court: Why, in the battle over Citizens United, the Supreme Court never had a chance." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 07:26 PM by Howard Bashman


"Court sanctions lawyers behind 9/11 case": Terry Baynes of Reuters has this report.

My earlier coverage of today's Second Circuit ruling appears at this link.
Posted at 04:35 PM by Howard Bashman



Ninth Circuit rejects federal Fair Housing Act and California Fair Employment and Housing Act claims against Roommate.com for allowing users to select roommates based on their sex, sexual orientation, and familial status: You can access today's ruling of a partially-divided three judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link. Chief Judge Alex Kozinski wrote the majority opinion.
Posted at 01:20 PM by Howard Bashman


"[W]e conclude that the district court abused its discretion by ordering the unsealing of the recording of the trial notwithstanding the trial judge's commitment to the parties that the recording would not be publicly broadcast." You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit on the issue of the public release of the Proposition 8 federal district court trial videos at this link.

The unanimous three-judge panel's opinion concludes, "For the reasons discussed above, we reverse the order of the district court as an abuse of its discretion and remand with instructions to maintain the trial recording under seal." Circuit Judge Stephen Reinhardt wrote the opinion of the Court.

In early news coverage, The Associated Press reports that "Court won't release CA gay marriage trial videos."

And at "SCOTUSblog," Lyle Denniston has a post titled "Prop. 8: Video release barred."
Posted at 01:06 PM by Howard Bashman



Justice Sonia Sotomayor appeared on a new episode of "Sesame Street" last week: Reporter Jonathan Ringel has this blog post, while Brandon Kraft offers an even more humorous take.

You can access Justice Sotomayor's "Muppet Wiki" page at this link.
Posted at 11:40 AM by Howard Bashman



"Female veteran sues U.S. over denial of full benefits; The Pasadena woman, a 12-year Army veteran who served in Iraq, says she was denied full benefits because she is married to a woman; The suit targets the 1996 Defense of Marriage Act": Carol J. Williams has this article today in The Los Angeles Times.

And in today's edition of The San Francisco Chronicle, Bob Egelko reports that "Same-sex couple sues military over benefits."
Posted at 11:20 AM by Howard Bashman



"'Defending Unpopular Positions Is What Lawyers Do'; In an era of ideological fencing, Paul Clement '92 won't be fenced in": Natalie Singer has this article in the Winter 2012 issue of the Harvard Law Bulletin.
Posted at 11:12 AM by Howard Bashman


"Ruling due on release of gay marriage trial videos": The Associated Press has this report.
Posted at 11:08 AM by Howard Bashman


Second Circuit denies rehearing en banc of decision striking down a provision of a federal statute denying federal monetary assistance in the fight against AIDS to any organization "that does not have a policy explicitly opposing prostitution and sex trafficking": You can access today's order of the U.S. Court of Appeals for the Second Circuit denying rehearing en banc, and the related concurrence and dissent, at this link.

Although the judges' opinions correctly use the term "en banc," the Clerk's Office's order appears wedded to the now-abandoned "in banc."

My earlier coverage of the divided three-judge panel's ruling in the case can be accessed here. As I explained in that earlier post, "this case may present a strong candidate for U.S. Supreme Court review."
Posted at 11:04 AM by Howard Bashman



Second Circuit issues what could be that court's final sanctions-related decision relating to appeal from dismissal of lawsuit against high-ranking federal officials alleging "a fantastical alternative history" of 9/11 attacks: You can access today's decision of the U.S. Court of Appeals for the Second Circuit at this link.

My earlier coverage of the Second Circuit's ruling on the appeal and that court's previous sanctions-related decision in the case can be accessed here and here.
Posted at 10:54 AM by Howard Bashman



"Court finds AmEx arbitration clause unenforceable": Terry Baynes of Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued yesterday.
Posted at 10:45 AM by Howard Bashman


"Justice Ginsburg visits mark Arab Spring uprisings": Mark Sherman of The Associated Press has this report.

And Mike Sacks of The Huffington Post reports that "Supreme Court Justice Ruth Bader Ginsburg Talks Constitution, Women And Liberty On Egyptian TV."
Posted at 10:42 AM by Howard Bashman



Wednesday, February 1, 2012

"Don Siegelman asks U.S. Supreme Court to review bribery conviction": The Montgomery Advertiser has this news update.

And The Birmingham News has an update headlined "Former Alabama Gov. Don Siegelman asks Supreme Court to review conviction."
Posted at 10:30 PM by Howard Bashman



"After high court ruling, advocates question rules on police searches using GPS": FOXNews.com has this report.
Posted at 10:28 PM by Howard Bashman


"Prop. 8: Video ruling due." Lyle Denniston has this post at "SCOTUSblog."
Posted at 10:26 PM by Howard Bashman


"Live, From the Supreme Court": This editorial will appear Thursday in The New York Times.
Posted at 10:22 PM by Howard Bashman


"Mississippi Supreme Court takes Barbour pardons case": The Clarion-Ledger of Jackson, Mississippi has this news update.

And The Associated Press reports that "Miss. high court takes ex-gov pardons case."
Posted at 08:20 PM by Howard Bashman



"Court: Man with HIV denied Atlanta police job must get hearing." The Atlanta Journal-Constitution has a news update that begins, "A federal appeals court ruled Wednesday that a man with HIV is entitled to a hearing on whether he can legally be denied a spot on the Atlanta police force because of his medical condition."

And The Associated Press reports that "HIV-positive man who sued Atlanta gets new hearing."

You can access today's unpublished ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 05:52 PM by Howard Bashman



"Can a Shoe Color Really Be Trademarked? With a Federal Court Case underway many are asking can the color of the soles of shoes be protected as a trademark; The answer may surprise you." Matthew Swyers has this article online at Inc.
Posted at 04:46 PM by Howard Bashman


"Gay Ca. veteran sues over denial of benefits": The Associated Press has a report that begins, "A gay Army veteran and her wife sued the federal government on Wednesday after they were denied military benefits granted to straight spouses."
Posted at 04:44 PM by Howard Bashman


"The Tort Heard Round the World: A decade ago, Texaco told Ecuadorean plaintiffs in a U.S. court to file their pollution claim at home; They did, and now the company's successor -- Chevron -- is fighting an $18 billion foreign judgment." Lawrence Hurley has this cover story in the February 2012 issue of California Lawyer magazine.
Posted at 04:07 PM by Howard Bashman


"Don't judge me harshly just because justice wasn't served": Columnist Frank Cerabino has this essay today in The Palm Beach Post (via Jess Bravin).
Posted at 03:46 PM by Howard Bashman


"7th Cir. to wage-and-hour defendants: No Dukes for you!" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued last Friday.
Posted at 03:40 PM by Howard Bashman


"Advance Notice of Opinion Filing": The Public Information office of the U.S. Court of Appeals for the Ninth Circuit issued this announcement today. According to the announcement, tomorrow the Ninth Circuit will issue its decision concerning the public release of videotapes made of the civil bench trial in Perry v. Hollingsworth.
Posted at 03:35 PM by Howard Bashman


"The Incredible Ordinariness of Federal Penalties for Inactivity": Law professor Corey Rayburn Yung has posted this essay online at SSRN.
Posted at 02:14 PM by Howard Bashman


"Jesus statue saved -- for now; Group vows to file suit over permit renewal": This article appears today in The Daily Inter Lake of Kalispell, Montana.
Posted at 01:15 PM by Howard Bashman


"Appeals court set to hear Alabama trademark suit": The Associated Press has a report that begins, "A federal appeals court is set to hear arguments in the trademark infringement case between sports artist Daniel Moore and the University of Alabama, whose football program is portrayed in a number of his works."

And last week, columnist Jon Solomon of The Birmingham News had an essay entitled "Alabama's embarrassing lawsuit against artist Daniel Moore continues."
Posted at 01:07 PM by Howard Bashman



"Electing judges still works for N.C." Law professor Scott W. Gaylord has this op-ed today in The News & Observer of Raleigh, North Carolina.
Posted at 08:20 AM by Howard Bashman


"Sotomayor's visit inspires students, judges, lawyers": This article appeared yesterday in The Saipan Tribune.
Posted at 08:14 AM by Howard Bashman


"Orie wants jurors sequestered in trial": Today's edition of The Pittsburgh Tribune-Review contains an article that begins, "State Sen. Jane Orie asked an Allegheny County judge to sequester the jury in her upcoming retrial, fearing jurors may hear about a grand jury investigation of her sister, state Supreme Court Justice Joan Orie Melvin."
Posted at 08:03 AM by Howard Bashman


"Consumer agency chief's appointment is invalid, GOP senators say; New rules adopted by the Consumer Financial Protection Bureau would be challenged in court because President Obama appointed Richard Cordray as its director while the Senate was in recess, Republicans say": Jim Puzzanghera has this article today in The Los Angeles Times.

And Politico.com reports that "Rand Paul to challenge appointments."
Posted at 07:58 AM by Howard Bashman



"UCLA Law professor lends expertise": In today's edition of The Daily O'Collegian, law professor Eugene Volokh of "The Volokh Conspiracy" has a letter to the editor that begins, "I'm afraid there is a major error in [the article headlined] 'Bill would end recognition of Supreme Court authority.'" The letter to the editor appears on page four of today's print edition.

Update: The newspaper's own correction of this error appears on page five of today's print edition.
Posted at 07:44 AM by Howard Bashman







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