How Appealing

Thursday, May 31, 2012

"The Health Care Law And The Roberts Court": This lengthy audio segment featuring David G. Savage of The Los Angeles Times, law professor Jeffrey Rosen, and Carrie Severino appeared on today's broadcast of NPR's "Talk of the Nation."
Posted at 10:08 PM by Howard Bashman


"Legislative Panel Rejects 2nd Christie Pick to Supreme Court": Friday's edition of The New York Times will contain an article that begins, "A New Jersey Senate panel rejected on Thursday the second of two men nominated by Gov. Chris Christie to the state's highest court, dealing another blow to the governor's attempt to reshape what he has criticized as an overly liberal and activist institution."

The Newark Star-Ledger has a news update headlined "Gov. Chris Christie upset after Bruce Harris nomination rejected for state Supreme Court."

And The Record of Bergen County, New Jersey has a news update headlined "Christie calls rejection of Supreme Court nominee Harris 'political assassination.'"
Posted at 08:32 PM by Howard Bashman



"NY court rules calling someone gay isn't slander": The Associated Press has a report that begins, "A court says it's no longer slander in New York to falsely call someone gay."

And John Caher of New York Law Journal reports that "Panel Rejects Being Called Homosexual as Per Se Defamation."

You can access today's ruling of the New York State Supreme Court, Appellate Division, Third Judicial Department, at this link.
Posted at 08:20 PM by Howard Bashman



"U.S. Argues to Preserve GPS Tracking": In Friday's edition of The Wall Street Journal, Julia Angwin and Jess Bravin will have an article that begins, "The U.S. government told a federal appeals court Thursday that it still has the right to place Global Positioning System tracking devices on cars without obtaining a search warrant--despite a January Supreme Court ruling that the warrantless installation of such a device violated the Constitution."

You can access via this link the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 08:12 PM by Howard Bashman



"A return ticket to SCOTUS? The 2nd Circuit declines to rehear AmEx decision." Erin Geiger Smith has this report at Alison Frankel's "On the Case" from Thomson Reuters News & Insight.
Posted at 06:20 PM by Howard Bashman


"NY court orders new sentence in 1968 air hijacking": The Associated Press has this report on a non-precedential ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 06:07 PM by Howard Bashman


"Heavens to Murgatroyd!" An opinion concurring in an order that the U.S. Court of Appeals for the Ninth Circuit issued today begins, "Whoa!!!"
Posted at 05:40 PM by Howard Bashman


"Appellate court denies juror's petition on Facebook postings": The Sacramento Bee has a blog post that begins, "The California 3rd District Court of Appeal today denied a petition filed on behalf of a Sacramento juror who fought a judge's order to make available his Facebook postings written while he was sitting on a jury on a gang beating case."

You can access today's ruling of California's Third District Court of Appeal at this link.

The appellate court's opinion begins, "Following the conviction of real parties in interest for various offenses stemming from an assault, respondent court learned that one of the trial jurors, fictitiously-named Juror Number One, had posted one or more items on his Facebook account concerning the trial while it was in progress, in violation of an admonition by the court."
Posted at 05:14 PM by Howard Bashman



"Senate committee rejects Christie N.J. Supreme Court nominee Bruce Harris": MaryAnn Spoto of The Newark Star-Ledger has a news update that begins, "Dealing Gov. Chris Christie his second bitter defeat over a high-ranking judicial appointment, the Senate Judiciary Committee today rejected the nomination of Mayor Bruce Harris of Chatham Borough to the state Supreme Court."

And The Associated Press reports that "Democrats nix Christie's 2nd NJ Supreme Court pick."
Posted at 03:54 PM by Howard Bashman



"Appeals Court Rules Against Federal Marriage Act": The New York Times has this news update.
Posted at 02:15 PM by Howard Bashman


"Alaskans Gather for Investiture of Ninth Circuit Judge Morgan Christen": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.
Posted at 01:46 PM by Howard Bashman


"Marriage Law Struck Down by Appeals Court": Jess Bravin of The Wall Street Journal has this news update.

Terry Baynes of Reuters reports that "1st Circuit strikes down Defense of Marriage Act."

And Bloomberg News reports that "Defense Of Marriage Act Unconstitutional, Appeals Court Says."
Posted at 01:42 PM by Howard Bashman



"Feds Want Warrantless Spying Loss Overturned, Saying the Law Can't Touch Them": At Wired.com's "Threat Level" blog, David Kravets has a post that begins, "The Obama administration is set to argue to a federal appeals court Friday that the government may breach, with impunity, domestic spying laws adopted in the wake of President Richard M. Nixon's Watergate scandal."
Posted at 01:00 PM by Howard Bashman


"State Supreme Court upholds liquor-privatization measure; The ruling comes a day before private retailers in Washington are to take over the liquor business for the first time since Prohibition ended": The Seattle Times has this news update.

Today's 5-to-4 ruling of the Washington State Supreme Court consists of a majority opinion, an opinion concurring in part and dissenting in part, and a dissenting opinion.
Posted at 12:50 PM by Howard Bashman



"Defense of Marriage Act unconstitutional, federal appeals court declares": Robert Barnes of The Washington Post has this news update.

David G. Savage of The Los Angeles Times has a news update headlined "DOMA ruled unconstitutional by Mass. appeals court."

And The Boston Globe has a news update headlined "Federal appeals court in Boston rules Defense of Marriage Act unconstitutional."
Posted at 12:11 PM by Howard Bashman



"Court: Heart of gay marriage law unconstitutional." The Associated Press has a report that begins, "An appeals court ruled Thursday that the heart of a law that denies a host of federal benefits to gay married couples is unconstitutional."

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

Update: In other coverage, at "SCOTUSblog," Lyle Denniston has a post titled "DOMA ban on gay marriage falls."
Posted at 10:53 AM by Howard Bashman



"Jury awards $3 million in man's sex death": The Atlanta Journal-Constitution today contains an article that begins, "A Gwinnett County jury on Tuesday awarded $3 million in a medical malpractice lawsuit to survivors of a 31-year-old husband and father of two who died while having sex one day before he was scheduled to have a heart stress test."

According to the article, "The unusual lawsuit arose after the Lawrenceville man died on March 12, 2009, while engaging in a threesome with a friend and a woman who was not his wife." The article goes on to report that the defendants plan to appeal.
Posted at 10:02 AM by Howard Bashman



"Citizens United Attacks From Justice Stevens Continue": Mike Sacks of The Huffington Post has this report.

Greg Stohr of Bloomberg News reports that "Stevens Questions Court's Commitment To Campaign Ruling."

James Vicini of Reuters reports that "Retired justice says campaign finance ruling made cash king."

And at CNN.com, Bill Mears reports that "Former Justice Stevens criticizes court over campaign spending rulings."

My earlier coverage of retired Justice John Paul Stevens' remarks last night can be accessed here.
Posted at 09:30 AM by Howard Bashman



"Court rejects 1917 CA law on defaming banks": In today's edition of The San Francisco Chronicle, Bob Egelko has an article that begins, "A state appeals court has ordered the dismissal of an Oakland bank's suit against a vociferous online critic and struck down a 95-year-old state law that makes it a crime to make false statements or spread false rumors about a bank's financial condition."

Bay City News Service reports that "Court dismisses Oakland bank's libel suit over Craigslist rant."

And Metropolitan News-Enterprise reports that "C.A. Invalidates Statute Criminalizing Defamation of Bank; Unconstitutionality of Law Precludes Invoking It as a Defense to Anti-SLAPP Motion, First District Says."

You can access Tuesday's ruling of California's First District Court of Appeal at this link.
Posted at 09:24 AM by Howard Bashman



"Montana bucks the court": Washington Post columnist George F. Will has an op-ed that begins, "Montana uses an interesting argument to justify defiance of a Supreme Court decision: Because the state is particularly prone to political corruption, it should be trusted to constrict First Amendment protections of political speech."
Posted at 07:38 AM by Howard Bashman


"The Fire Next Term": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 07:15 AM by Howard Bashman


Wednesday, May 30, 2012

"Court fight over Internet rules likely delayed to 2013": Reuters has this report on a case now pending before the U.S. Court of Appeals for the D.C. Circuit.
Posted at 11:57 PM by Howard Bashman


"Campaign Finance Challenge: Supreme Court Will Consider Direct Challenge to Citizens United Decision With Montana Case." Roll Call has this report.
Posted at 11:44 PM by Howard Bashman


"Is Citizens United already shrinking?" Tonight at "SCOTUSblog," Lyle Denniston has a post that begins, "Retired Justice John Paul Stevens, a dissenter to the Supreme Court's controversial 2010 decision in Citizens United v. Federal Election Commission on money in politics, said Wednesday that the Court has already begun paring the scope of that decision, and predicted that it very likely will do so further in future cases."

In other coverage, Adam Liptak of The New York Times has a blog post titled "Former Justice Stevens Portrays Court as Inconsistent After Citizens United."

David G. Savage has a news update headlined "Justice Stevens: Obama right to criticize court ruling on campaign spending."

The Associated Press has a report headlined "Stevens: Exception needed to Citizens United case."

Pete Williams of NBC News has a blog post titled "Former justice predicts cracks in Citizens United decision."

And Arkansas News Bureau has a report headlined "Stevens: Supreme Court may be rethinking Citizens United ruling."

You can access the full text of Justice Stevens' remarks at this link.
Posted at 10:20 PM by Howard Bashman



"Clarence Thomas reconciles with Yale after bitter years": Joan Biskupic of Reuters has this report.
Posted at 09:10 PM by Howard Bashman


"As governor, Mitt Romney backtracked on promised reforms in appointing judges": Jerry Markon and Alice Crites of The Washington Post have this news update.
Posted at 04:06 PM by Howard Bashman


"Accused killer Pleau in federal custody after arraignment, will be held at Wyatt": Katie Mulvaney of The Providence (R.I.) Journal has a news update that begins, "After a months-long legal battle that led to the U.S. Supreme Court, Jason Pleau was arraigned Wednesday on federal charges that he plotted to rob and then killed gas station manager David Main outside a Woonsocket bank in September 2010."

And The Associated Press reports that "Inmate in RI legal tug-of-war pleads not guilty."
Posted at 03:42 PM by Howard Bashman



"Washington Times violates courthouse photo prohibition": Erik Wemple of The Washington Post has this blog post today.
Posted at 02:40 PM by Howard Bashman


"District courts have several tools for dealing with indigent litigants who abuse the court system. Requiring a party to post a cost bond that the court knows the party cannot afford, however, is not one of those available tools for dismissing or discouraging frivolous suits." So rules a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit in a per curiam opinion issued today.
Posted at 02:38 PM by Howard Bashman


"Minnesota Supreme Court derails tobacco lawsuit": Minnesota Public Radio has this news update.

You can access today's ruling of the Supreme Court of Minnesota at this link.
Posted at 01:38 PM by Howard Bashman



"A judge's delayed order ruffles no feathers in the 9th Circuit": Erin Geiger Smith has this report at Alison Frankel's "On the Case" from Thomson Reuters News & Insight.
Posted at 01:26 PM by Howard Bashman


"Aetna CEO Says Supreme Court Won't Drop Entire Health Law": Bloomberg News has this report.
Posted at 01:20 PM by Howard Bashman


"Living In the Past: Judicial Recidivism and the Affordable Care Act." Attorney Robert N. Weiner has this guest blog post today at "Balkinization."
Posted at 12:11 PM by Howard Bashman


"Meat encasement art," on appeal: In a case involving Dietz & Watson, the U.S. Court of Appeals for the Federal Circuit issued this ruling today.
Posted at 12:08 PM by Howard Bashman


"Court limits Missouri harassment law based on Megan Meier case": The St. Louis Post-Dispatch today contains this article reporting on a ruling that the Supreme Court of Missouri issued yesterday.
Posted at 11:26 AM by Howard Bashman


"Faculty Q&A: Kendrick Defines Pattern for Supreme Court's First Amendment Jurisprudence." The University of Virginia School of Law has today posted online an item that begins, "Though many critics have pegged the U.S. Supreme Court's First Amendment doctrine as incoherent, the court's opinions have long shown a definable pattern, argues University of Virginia law professor Leslie Kendrick in her latest article."

You can access law professor Leslie Kendrick's article "Content Discrimination Revisited" via SSRN.
Posted at 11:18 AM by Howard Bashman



"Class (of One) Conflict": At "PrawfsBlawg," Bill Araiza has a post that begins, "A fascinating set of opinions has been released by the Seventh Circuit in a case dealing with the so-called 'class-of-one' theory of equal protection."

My earlier coverage of the en banc Seventh Circuit's recent opinions in the case can be accessed here.
Posted at 09:52 AM by Howard Bashman



"Jennifer Granick to Direct New Civil Liberties Initiative at Stanford Law School Center for Internet and Society": Stanford Law School has issued this news release.
Posted at 09:47 AM by Howard Bashman


"Family may keep autopsy photos private, court says": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Family members have a constitutional right to keep a loved one's autopsy photos private and can sue law enforcement officers who release the pictures to the news media, a federal appeals court ruled Tuesday."

And at "The Volokh Conspiracy," Orin Kerr has a post titled "Ninth Circuit Finds Substantive Due Process Right to 'Control Public Dissemination of a Family Member's Death Images.'"

My earlier coverage of yesterday's Ninth Circuit ruling can be accessed here.
Posted at 09:42 AM by Howard Bashman



"Thacker sworn in as federal appeals judge": This article appears today in The Charleston (W. Va.) Gazette.
Posted at 09:37 AM by Howard Bashman


"Louisiana monks go to court to sell their caskets": In today's edition of The Washington Post, Robert Barnes has an article that begins, "Not very long after God told some at St. Joseph Abbey that the way out of financial hardship might be selling the monks' handcrafted caskets, the state of Louisiana arrived with a different message. It was a cease-and-desist order and came with threats of thousands of dollars in fines and possible criminal prosecution."
Posted at 08:07 AM by Howard Bashman


"Judge Kavanaugh Three-peats Three-Mile Victory": The blog "D.C. Circuit Review" has this post today.
Posted at 08:02 AM by Howard Bashman


"British Court Clears Way for Extradition of WikiLeaks Founder": The New York Times has a news update that begins, "Britain's highest court ruled on Wednesday that the WikiLeaks founder, Julian Assange, should be deported to Sweden to face allegations of sexual abuse there, the culmination of an 18-month legal battle."

The Guardian (UK) has a news update headlined "Julian Assange loses appeal against extradition; WikiLeaks founder's lawyers given 14 days to decide whether to ask supreme court to reopen case, during which extradition will be stayed."

The Independent (UK) has a news update headlined "Julian Assange's fight to evade extradition to Sweden appears doomed despite stay of execution."

The Associated Press reports that "UK's top court backs extradition of WikiLeaks boss."

Reuters reports that "UK court backs Assange extradition to Sweden."

And Bloomberg News reports that "WikiLeaks' Assange Loses U.K. Top Court Extradition Case."

Today in the case captioned Julian Assange v. Swedish Prosecution Authority, the Supreme Court of the United Kingdom issued this ruling. The court also issued a related press summary and a further statement.
Posted at 07:22 AM by Howard Bashman



Tuesday, May 29, 2012

"YLS Professors Judith Resnik and Dennis Curtis Will Speak to Supreme Court Historical Society": Yale Law School issued this news release today.
Posted at 10:30 PM by Howard Bashman


In the June 2012 issue of ABA Journal magazine: Mark Walsh has an article headlined "Please Plea Me: Court Expands Effective Assistance of Counsel."

Stephanie Francis Ward has an article headlined "Preach the Children Well: Employment Lawyers Puzzle over 'Ministerial Exception.'"

And Jill Schachner Chanen has an article headlined "You'll Never Guess Who I Met Today: Friendly Encounters Show Justices Are Down-Home Folks."
Posted at 09:08 PM by Howard Bashman



"Group taking Sunday hunting battle to Pa. Supreme Court": This article appears today in The Pittsburgh Tribune-Review.
Posted at 08:14 PM by Howard Bashman


"Pelosi predicts court will uphold health-care reform": Josh Richman of The Oakland Tribune has this news update.
Posted at 07:54 PM by Howard Bashman


"Justice Stevens Dons 'Medal of Freedom'": Jess Bravin has this post at WSJ.com's "Law Blog."
Posted at 07:50 PM by Howard Bashman


"Colorado Supreme Court to hear oral arguments next week in Ward Churchill's appeal; Justices to review whether fired CU-Boulder professor should get job back": The Boulder Daily Camera has this news update.
Posted at 07:48 PM by Howard Bashman


"'Let's Go Thunder' copyright claim is rejected by U.S. Supreme Court": The Oklahoman has this news update.
Posted at 07:40 PM by Howard Bashman


"The Hawaii Supreme Court: A Legacy for Gov. Neil Abercrombie?" Honolulu Civil Beat has this report.
Posted at 07:38 PM by Howard Bashman


"Circuit Declines En Banc Review of Amex Arbitration Ruling": Mark Hamblett of the New York Law Journal has an article that begins, "The U.S. Court of Appeals for the Second Circuit will not rehear en banc a decision that holds a class action arbitration waiver provision between American Express and its merchants unenforceable as against public policy."

You can access today's order of the U.S. Court of Appeals for the Second Circuit denying rehearing en banc, together with the concurrence and dissents therefrom, at this link.
Posted at 06:02 PM by Howard Bashman



"Health Care and Constitutional Chaos: Why the Supreme Court Should Uphold the Affordable Care Act." Today at Stanford Law Review Online, professors Eric Segall and Aaron E. Carroll have this essay.
Posted at 03:55 PM by Howard Bashman


"Supreme Court won't review SPD use of Taser on pregnant woman; The U.S. Supreme Court won't review the case of Malaika Brooks, who was seven months pregnant when she was repeatedly tased by Seattle police during a traffic stop in 2004": The Seattle Times has this news update.

Warren Richey of The Christian Science Monitor has an article headlined "Was Taser use on pregnant woman excessive force? Supreme Court declines case; The Supreme Court refused the case of a pregnant woman who was ticketed for speeding in a school zone in Seattle; When she refused to get out of her car, police used a Taser to shock her three times."

And at "SCOTUSblog," Lyle Denniston has a post titled "Police power to use stun guns left unclear."
Posted at 02:40 PM by Howard Bashman



"Move to Declassify FISA Court Rulings Yields No Results": This post appears today at the "Secrecy News" blog.
Posted at 02:09 PM by Howard Bashman


"Are Liberals Trying to Intimidate John Roberts?" Law professor Jeffrey Rosen has this essay online at The New Republic.

And at FoxNews.com, law professor Richard W. Garnett has an essay entitled "Liberals' threats to Supreme Court over ObamaCare are a bad (and dumb) idea."
Posted at 02:06 PM by Howard Bashman



"Montana, detainee cases set": Lyle Denniston has this post at "SCOTUSblog."
Posted at 01:50 PM by Howard Bashman


"We consider whether individuals have a federal privacy right to control public dissemination of a family member's death images." Chief Judge Alex Kozinski wrote an opinion that the U.S. Court of Appeals for the Ninth Circuit issued today on behalf of a unanimous three-judge panel.
Posted at 01:48 PM by Howard Bashman


"Appellate specialist takes seat on D.C. Court of Appeals": Todd Ruger has this post today at "The BLT: The Blog of Legal Times."
Posted at 12:03 PM by Howard Bashman


"Supreme Court rules in credit bid bankruptcy case": James Vicini of Reuters has this report.
Posted at 11:48 AM by Howard Bashman


"Saint-Gobain Rebuffed By Top U.S. Court On Siemens Patent": Greg Stohr of Bloomberg News has this report.
Posted at 11:46 AM by Howard Bashman


"Carley sworn in as chief justice": Bill Rankin of The Atlanta Journal-Constitution has this news update.
Posted at 11:45 AM by Howard Bashman


The case of the 17-year pretrial detainee: The U.S. Court of Appeals for the Sixth Circuit issued this ruling today.
Posted at 11:07 AM by Howard Bashman


"Supreme Court won't review police Taser use cases": James Vicini of Reuters has this report.
Posted at 11:02 AM by Howard Bashman


"Clash Over Town's Ten Commandments Monument Highlights Division Over Standing": Nicholas J. Wagoner has this post today at the "Circuit Splits" blog.
Posted at 10:45 AM by Howard Bashman


"Court Allows Suit Over School Gun Death to Proceed": At the "School Law" blog of Education Week, Mark Walsh has a post that begins, "A ruling by Utah's highest court will allow a lawsuit to go forward against a school district over the accidental gun death of a high school student."
Posted at 10:44 AM by Howard Bashman


Access online today's Order List and ruling in an argued case of the U.S. Supreme Court: You can access today's Order List at this link. The Court today granted review in one case.

Justice Antonin Scalia delivered the opinion for a unanimous Court (with Justice Anthony M. Kennedy not participating) in RadLax Gateway Hotel, LLC v. Amalgamated Bank, No. 11-166. You can access the oral argument via this link.

Finally, the Supreme Court issued a summary, per curiam reversal in Coleman v. Johnson, No. 11-1053.

In early news coverage, The Associated Press has reports headlined "Court: Judges shouldn't have overturned conviction"; "Court won't review police use of stun guns"; "High court turns down former hostages in Iran"; and "Court won't block suit in Minn. bridge collapse."
Posted at 10:05 AM by Howard Bashman



"Justice Ginsburg should continue to be a vital voice on Supreme Court": Professor Nichola D. Gutgold has this op-ed today in The Morning Call of Allentown, Pennsylvania.
Posted at 09:36 AM by Howard Bashman


"Montana Supreme Court to hear arguments on medical marijuana appeals": This article appears today in The Missoulian.
Posted at 09:32 AM by Howard Bashman


"Orie Melvin should resign": Today's edition of The Scranton (Pa.) Times Tribune contains an editorial that begins, "Like any other citizen, Joan Orie Melvin is entitled to a constitutionally guaranteed presumption of innocence regarding criminal charges brought against her. But, as a Pennsylvania Supreme Court justice, Justice Orie Melvin is not like any other citizen."
Posted at 09:30 AM by Howard Bashman


"Constitution Check: Do women have a constitutional right to serve in military combat?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 09:22 AM by Howard Bashman


"Overturning or Modifying 'Grutter v. Bollinger?'" Richard Kahlenberg has this post today at the "Innovations" blog of The Chronicle of Higher Education.
Posted at 09:18 AM by Howard Bashman


"Top UK court to rule on Assange sex case extradition": Reuters has a report that begins, "Britain's Supreme Court will rule on Wednesday on whether to allow WikiLeaks founder Julian Assange's extradition to Sweden over alleged sex crimes, the latest chapter in the saga of the self-styled Internet whistleblower and bane of Washington."
Posted at 09:14 AM by Howard Bashman


"Grassley as a watchdog and as a scold": Today's edition of The Des Moines Register contains an editorial that begins, "Sen. Chuck Grassley, R-Ia., has gone after a San Francisco-based federal appeals court for a legal conference at a resort in Hawaii that could cost more than $1 million."
Posted at 09:12 AM by Howard Bashman


"Supreme Court tipping scales of partisanship": This editorial appears today in The Philadelphia Daily News.
Posted at 09:00 AM by Howard Bashman


"Philippines Chief Justice Removed Over Finances": The New York Times has this news update.

And The Associated Press reports that "Top Philippine judge fired for not declaring $2.4M."
Posted at 08:55 AM by Howard Bashman



Monday, May 28, 2012

"Text-message question headed to Pennsylvania Supreme Court; Cumberland County case could affect how attorneys use e-messages as evidence": Peter Hall will have this article Tuesday in The Allentown Morning Call.
Posted at 11:34 PM by Howard Bashman


"Millions will feel health care ruling's impact": Tuesday's edition of The Pittsburgh Tribune-Review will contain an article that begins, "Audrey Joyce and her family will lose health insurance coverage at the end of June, the same month the Supreme Court is expected to issue a landmark decision on the constitutionality of the Patient Protection and Affordable Care Act."
Posted at 11:30 PM by Howard Bashman


"Setback for U.S. on DOMA": Lyle Denniston has this post at "SCOTUSblog."
Posted at 08:57 PM by Howard Bashman


"Supreme Court decision may help city in lacrosse case": The Herald-Sun of Durham, North Carolina has a news update that begins, "An April U.S. Supreme Court ruling bolsters immunity claims from the city and two Durham Police Department detectives who investigated the Duke lacrosse case, lawyers for the city say."
Posted at 07:12 PM by Howard Bashman


"A Failure of Vigilance": Today's edition of The New York Times contains an editorial that begins, "In the trial of Alex Blueford, an Arkansas jury voted him not guilty on charges of capital and first-degree murder, but deadlocked on lesser charges."
Posted at 05:48 PM by Howard Bashman


"In Appeal To Latinas, Obama Campaign Touts Anniversary Of Sotomayor Appointment": "Politicker" has this post.
Posted at 05:46 PM by Howard Bashman


"'Cyberbullying' case pushes the limits of publication bans: Our zeal for anti-bullying witch hunts threatens to protect victims at the price of public information." Emma Teitel has this essay online today at Macleans.
Posted at 05:44 PM by Howard Bashman


"Are Republicans Bending On 'Obamacare'?" Sahil Kapur has this report at TPM.
Posted at 01:00 PM by Howard Bashman


"A Judge's Proposal to Curb Prosecutors' Sentencing Power": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 11:26 AM by Howard Bashman


"The price of war, well-paid": Law professor G. Edward White had this op-ed in yesterday's edition of The Free Lance-Star of Fredericksburg, Virginia.

The newspaper has also published an excerpt from an address delivered by Oliver Wendell Holmes Jr. on Memorial Day, May 30, 1895 to the graduating class of Harvard University. According to an accompanying editor's note, the address "so impressed Theodore Roosevelt that it was a factor in his nomination of Holmes to the U.S. Supreme Court."
Posted at 10:36 AM by Howard Bashman



"Death row inmate's appeal puts Santa Clara County prosecution team on trial": Howard Mintz has this article today in The San Jose Mercury News.
Posted at 10:24 AM by Howard Bashman


"Adam Liptak spoke about Supreme Court decisions remaining for the current term, including two highly publicized cases dealing with the Affordable Care Act and the Arizona immigration law." Adam Liptak appeared on Sunday morning's broadcast of C-SPAN's "Washington Journal." You can watch the video online, on-demand by clicking here.
Posted at 09:00 AM by Howard Bashman


Sunday, May 27, 2012

"A Brief for Justice Kennedy": Columnist Bill Keller will have this op-ed Monday in The New York Times.
Posted at 10:08 PM by Howard Bashman


"Lawmakers fought court rulings this year": This article appears today in The Baltimore Sun.
Posted at 01:50 PM by Howard Bashman


"Justices' summer plans point to late June finish": Mark Sherman of The Associated Press has this report.
Posted at 01:07 PM by Howard Bashman


"Tennessee judges' dads were in same POW camp": This article appears today in The Knoxville News Sentinel.
Posted at 10:02 AM by Howard Bashman


"Under the U.S. Supreme Court: Spying on the American public." Michael Kirkland of UPI has this report.
Posted at 08:57 AM by Howard Bashman


Saturday, May 26, 2012

"State-based insurance marketplaces hang in balance of Supreme Court health-care ruling": This article will appear Sunday in The Washington Post.
Posted at 11:02 PM by Howard Bashman


"Know-It-Alls Who Say Nothing: A SCOTUS clerk never tells." At New York magazine's web site, Jason Zengerle has an essay that begins, "On Thursday evenings when the Supreme Court is in session, its clerks host one of the world's most rarefied happy hours, gathering for drinks in the building's cafeteria, or, when the weather's nice, in one of the Court's four magisterial courtyards."
Posted at 07:18 PM by Howard Bashman


"Can State Laws Cohabit With Citizens United?" Lincoln Caplan will have this essay in the Sunday Review section of Sunday's edition of The New York Times.
Posted at 07:14 PM by Howard Bashman


"High court: No immunity in case of 15-year-old killed by prop gun used in school play." Today's edition of The Deseret News contains an article that begins, "The Utah Supreme Court ruled Friday that a federal lawsuit brought by the family of a boy who was killed while handling a blank-firing prop pistol before a school play can proceed."

And The Salt Lake Tribune reports today that "Supreme Court paves way for 'prop gun' lawsuit to move forward; Family of a boy killed during a school production has filed a lawsuit in federal court."

You can access yesterday's 3-to-2 ruling of the Supreme Court of Utah at this link.
Posted at 04:46 PM by Howard Bashman



"You Can't Always Choose Your Talents: William Rehnquist, The Novelist." Law professor Kyle Graham has this post at his blog, "noncuratlex.com."

Other recent posts of interest at that blog from earlier this month are titled:

"From the Library of Congress: Warren Burger Gives Some Advice to Harry Blackmun; William Rehnquist Says Blackmun is a 'Meh' Writer";

"From the Reagan Library: Robert Bork Seriously Just Can't Buy a Break";

"From the Reagan Library: Questions for President Reagan to Ask Prospective Nominees Rehnquist and Scalia (1986)";

"From the Reagan Library: The Details of the O'Connor Nomination (1981)";

"From the Reagan Library: Anthony Kennedy's Unknown 'Philosophical Moorings' (1986)";

"From the Reagan Library: John Roberts and 'Legislative Masochism' (1983)";

"From the Reagan Library: Pat Buchanan Touts Scalia (1985) + Scalia, the Consensus Builder (1986)."

Via tweet from "Above the Law."
Posted at 02:38 PM by Howard Bashman


"California refuses to return execution drug to FDA": Bob Egelko has this article today in The San Francisco Chronicle.

And The Associated Press reports that "Calif. defies order to turn over execution drug."
Posted at 01:02 PM by Howard Bashman



"Batavia woman can't be sued for fake online relationship": Today's edition of The Kane County Chronicle contains an article that begins, "An Illinois Supreme Court ruling this week will not allow a California woman to sue a Batavia woman for deceiving her in an 18-month online relationship."

Today's edition of The Chicago Sun-Times contains an article headlined "Online hoax leads to one conclusion: People are weird."

And The Associated Press has a report headlined "Court: Chicago-area woman can't be sued over fake personas."

You can access Thursday's ruling of the Supreme Court of Illinois at this link.
Posted at 10:26 AM by Howard Bashman



"Gay marriage: Judge overturns DOMA, stepping up pressure on Supreme Court." The Christian Science Monitor has this report.

My earlier coverage of Thursday's ruling appears at this link.
Posted at 10:15 AM by Howard Bashman



"Supreme cuz mugged in Bx." The New York Post has a report that begins, "The cousin of US Supreme Court Justice Sonia Sotomayor was mugged in The Bronx by two thugs who took her iPhone, a police source said yesterday."
Posted at 10:12 AM by Howard Bashman


Friday, May 25, 2012

"Liberals put the squeeze to Justice Roberts": Columnist George F. Will has this essay online at The Washington Post.
Posted at 11:10 PM by Howard Bashman


"After Guantanamo, Starting Anew, in Quiet Anger": Saturday's edition of The New York Times will contain this profile of Lakhdar Boumediene.
Posted at 11:07 PM by Howard Bashman


"Should Hate Speech Be Outlawed?" Retired Justice John Paul Stevens has this review of the book "The Harm in Hate Speech" by law professor Jeremy Waldron in the June 7, 2012 issue of The New York Review of Books.
Posted at 10:55 PM by Howard Bashman


"Hey, Liberals, Stop Being So Mean to John Roberts!" Nan Aron has this essay online at The Huffington Post.
Posted at 10:48 PM by Howard Bashman


"DOJ appeals injunction on import of death penalty drug": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 10:32 PM by Howard Bashman


"Appeals court reverses decision on Fargo Ten Commandments monument": The Forum of Fargo, North Dakota has this news update.

Terry Baynes of Reuters reports that "8th Circuit revives Ten Commandments challenge."

And The Associated Press reports that "Appeals court says ND group's lawsuit on Fargo Ten Commandments monument should move forward."

My earlier coverage of today's Eighth Circuit ruling appears at this link.
Posted at 10:30 PM by Howard Bashman



"Robbins Geller Partner Sanford Svetcov is Alive and Kicking": Scott Graham of The Recorder has this report.
Posted at 10:09 PM by Howard Bashman


"Brownback signs bill that caused sharia flap": The Topeka Capital-Journal has this news update.

The Kansas City Star has a news update headlined "Brownback signs bills outlawing foreign laws in courts."

And The Associated Press reports that "Kan. gov. signs measure blocking Islamic law."
Posted at 05:42 PM by Howard Bashman



"High Court Shouldn't Hear Madoff Investor Appeal, SEC Say": Bloomberg News has this report.
Posted at 05:33 PM by Howard Bashman


"FDA Is Appealing Court Bar To Drug Used In Executions": Tom Schoenberg of Bloomberg News has a report that begins, "The U.S. Food and Drug Administration is appealing a federal judge's order that banned the importation of sodium thiopental and its use in executions."
Posted at 05:26 PM by Howard Bashman


"6th Circuit shifts test for disability discrimination": Terry Baynes of Reuters has this report on a ruling that Circuit Judge Jeffrey S. Sutton issued today on behalf of the en banc U.S. Court of Appeals for the Sixth Circuit.
Posted at 04:38 PM by Howard Bashman


"UVa law group files federal suit on limits of women in combat": This article appears today in The Daily Progress of Charlottesville, Virginia.

The Virginian-Pilot reports today that "Suffolk reservist sues over ban on women in combat."

Bloomberg News reports that "Female Soldiers Sue U.S. In Challenge To Combat Limits."

The Associated Press reports that "2 female Army officers sue to reverse combat ban."

Yesterday, the University of Virginia School of Law issued a news release headlined "Students, Professor Help File Lawsuit on Behalf of Plaintiffs Seeking to Overturn Military Ban on Women in Combat." You can access a copy of the complaint initiating suit at this link.
Posted at 01:27 PM by Howard Bashman



"Tony Mauro, U.S. Supreme Court correspondent for The National Law Journal, was elected Steering Committee chairman of the Reporters Committee for Freedom of the Press at its biannual meeting this week." You can access the complete press release at this link.
Posted at 01:03 PM by Howard Bashman


"Vote on Oklahoma judicial nominees delayed by GOP; Robert E. Bacharach and John E. Dowdell will get another chance on June 7 for a vote by the Senate Judiciary Committee": Chris Casteel has this article today in The Oklahoman.
Posted at 12:56 PM by Howard Bashman


"Federal appeals court kicks Tribune's lawsuit against U. of I. to state court; Newspaper seeks to identify parents of applicants who got preferential treatment": This article appears today in The Chicago Tribune.

Chief Judge Frank H. Easterbrook issued yesterday's ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 12:50 PM by Howard Bashman



Did a city commission's adoption of an ordinance that countermanded the commission's earlier decision to remove from municipal property a Ten Commandments monument imbue the monument with an impermissible religious symbolism that had earlier been judicially declared not to exist? A Ten Commandments monument that the Fraternal Order of Eagles donated to the City of Fargo in 1958 is the subject of a ruling that the U.S. Court of Appeals for the Eighth Circuit issued today.
Posted at 11:57 AM by Howard Bashman


"Texas toast," on appeal: One might expect that the U.S. Court of Appeals for the Fifth Circuit would be the federal appellate court to decide an appeal concerning "Texas toast." Be that as it may, today's ruling on the subject issued from the U.S. Court of Appeals for the Sixth Circuit.
Posted at 11:42 AM by Howard Bashman


"Pom Uses Ad to Answer Judge's Order": The New York Times has this news update.
Posted at 09:16 AM by Howard Bashman


"Defense of Marriage Act: 2nd judge overturns law." Bob Egelko has this article today in The San Francisco Chronicle.

Bay City News Service reports that "Judge strikes down Defense of Marriage Act provision in state employees' case."

And Chris Geidner has a blog post titled "Federal Judge Rules DOMA, Tax Code Force Unconstitutional Treatment For Same-Sex Couples."

You can access yesterday's ruling of the U.S. District Court for the Northern District of California at this link.
Posted at 08:54 AM by Howard Bashman



"John Edwards verdict could become part of Citizens United backlash; A diverse panel of North Carolinians is currently considering whether John Edwards committed campaign fraud in 2008, but the verdict could also reverberate nationally if it is at odds with the Supreme Court's landmark Citizens United ruling": The Christian Science Monitor has this report.
Posted at 08:46 AM by Howard Bashman


"Gov. Christie's N.J. Supreme Court nominee: Is he best for the job?" This editorial appears today in The Newark Star-Ledger.
Posted at 08:45 AM by Howard Bashman


Indian Country Today is reporting: The publication has articles headlined "Senate Carcieri Report Blames Supreme Court for Mess in Indian Country" and "Supreme Court Sets Date in Ward Churchill Case for June 7."
Posted at 08:30 AM by Howard Bashman


"The Liberal Legal Meltdown Over ObamaCare: If supporters of mandatory insurance were as confident of its merits as they claim to be, they would offer legal arguments, not moral accusations." Law professor Michael W. McConnell has this op-ed today in The Wall Street Journal. You can freely access the full text via Google News.
Posted at 08:22 AM by Howard Bashman


"Sisters' Woes Jolt Pittsburgh; Probes Entangle Supreme Court Justice, State Senator, Both of Prominent Family": This article appeared Wednesday in The Wall Street Journal.

And in today's edition of The Philadelphia Inquirer, law professor Bruce Ledewitz has an op-ed entitled "High court's suspension of Orie Melvin is dubious."
Posted at 08:07 AM by Howard Bashman



Thursday, May 24, 2012

"Prosecutors urge Guantanamo judge not to split up 9/11 trial; The war court prosecutor says early pre-trial scheduling conflicts don't necessitate splitting up the trial of five men accused of orchestrating the Sept. 11 attacks": Carol Rosenberg of The Miami Herald has this news update.
Posted at 10:45 PM by Howard Bashman


"Gov. Christie criticizes state senator amid Supreme Court nominee issue": The Newark (N.J.) Star-Ledger has this news update.
Posted at 10:42 PM by Howard Bashman


"Supreme Court says double jeopardy does not protect against murder retrial": Robert Barnes will have this article Friday in The Washington Post.

And in Friday's edition of The Los Angeles Times, David G. Savage will have an article headlined "Supreme Court limits protection against double jeopardy; Justices rule that a jury's unanimous but tentative vote to acquit a defendant on some charges does not count as a verdict; It means an Arkansas man can be retried."
Posted at 10:40 PM by Howard Bashman



"A Way Out of the Same-Sex Marriage Mess": Law professor Mae Kuykendall has this op-ed today in The New York Times.
Posted at 10:36 PM by Howard Bashman


"Smoky transformer fire forces evacuation of federal courthouse in Boston; building will remain closed Friday": The Boston Globe has this news update.

The home page of the web site of the U.S. Court of Appeals for the First Circuit contains a message across the top of the page stating that "The Moakley Courthouse will be closed Friday, May 25. A fire emergency has occurred in the Courthouse."
Posted at 09:58 PM by Howard Bashman



"U.S. Supreme Court denies request for stay in Pleau case": The Providence (R.I.) Journal has this news update.
Posted at 07:58 PM by Howard Bashman


"Obama admin. asks justices not to take up logging-road case": Lawrence Hurley of Greenwire has this report.
Posted at 06:20 PM by Howard Bashman


"High court upholds record Lemon Law award": Bruce Vielmetti of The Milwaukee Journal Sentinel has a news update that begins, "Wisconsin's Supreme Court on Thursday upheld a $482,000 verdict against Mercedes-Benz that likely will be the largest such award in state Lemon Law history, once interest and fees are added."

And The Associated Press reports that "Wis. Supreme Court upholds lemon law verdict."

You can access today's ruling of the Supreme Court of Wisconsin at this link.
Posted at 05:37 PM by Howard Bashman



"Charges Jury Rejected Can Be Retried, Justices Say": Adam Liptak will have this article Friday in The New York Times.
Posted at 05:30 PM by Howard Bashman


"Conservatives worry that John Roberts will 'go wobbly' on 'Obamacare'": Michael McGough has this essay online at The Los Angeles Times.
Posted at 04:26 PM by Howard Bashman


"Supreme Court Allows Arkansas Second Shot At Murder Trial In Double Jeopardy Dispute": Mike Sacks of The Huffington Post has this report.

David G. Savage of The Los Angeles Times has a news update headlined "Double jeopardy issue: High court OKs some trials after acquittal."

And Peter Urban of Stephens Washington Bureau has an article headlined "U.S. Supreme Court: Jacksonville man can be tried again."
Posted at 01:09 PM by Howard Bashman



"Mortgage Closing Overcharge Suits Curbed By High Court": Greg Stohr of Bloomberg News has this report.
Posted at 12:06 PM by Howard Bashman


"Supreme Court allows murder retrial after jury deadlock": James Vicini of Reuters has this report.
Posted at 12:05 PM by Howard Bashman


"Anthony misjudged a curve in the road and, perhaps, his ability to operate a motorcycle after consuming alcohol. LINA's attempts to define this accident as something else are unavailing and an abuse of its discretion." An insurance company's denial of accidental death benefits under a life insurance policy governed by ERISA gives rise to a ruling that the U.S. Court of Appeals for the Eighth Circuit issued today.
Posted at 11:32 AM by Howard Bashman


"What a Nobel Prize-Winning Economist Can Teach Us About Obamacare: Ronald Coase's example of farmers and ranchers shows that the insurance is mandate about responsibility, not liberty." Kevin Caves and law professor Einer Elhauge have this post online at The Atlantic.
Posted at 11:24 AM by Howard Bashman


"Occupy the Docket: How the Supreme Court Selects the 1%." Nicholas J. Wagoner has this post today at the "Circuit Splits" blog.
Posted at 10:15 AM by Howard Bashman


Access online today's rulings in argued cases of the U.S. Supreme Court: Justice Antonin Scalia delivered the opinion for a unanimous Court in Freeman v. Quicken Loans, Inc., No. 10-1042. You can access the oral argument via this link.

And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Blueford v. Arkansas, No. 10-1320. Justice Sonia Sotomayor issued a dissenting opinion, in which Justices Ruth Bader Ginsburg and Elena Kagan joined. You can access the oral argument via this link.

Update: In early news coverage, The Associated Press has a report headlined "Court: Families cannot sue over loan discount fee."
Posted at 10:04 AM by Howard Bashman



"Justices uphold state smoking ban; Harrison West bar's challenge rejected; state can pursue $2.5 million in outstanding fines": This article appears today in The Columbus Dispatch.

The Cleveland Plain Dealer reports today that "Ohio Supreme Court upholds state's indoor smoking ban."

Jim Provance of The Toledo Blade reports that "Smoking ban upheld by justices; Ohio Supreme Court rules unanimously."

And Dan Horn of The Cincinnati Enquirer reports that "Ban upheld but enforcement hazy; Violators still don't pay most fines."

You can access yesterday's ruling of the Supreme Court of Ohio at this link. In addition, the court's Public Information Office issued a news release headlined "Supreme Court Upholds Ohio's Smoke Free Workplace Law; Enforcement of Law Against Columbus Tavern Is Not Unconstitutional 'Taking' of Property."
Posted at 08:40 AM by Howard Bashman



"Dems, GOP Face Firestorm If Court Tosses ObamaCare": Investor's Business Daily has this report.
Posted at 08:03 AM by Howard Bashman


"High court pick has 'his work cut out for him'": The Record of Bergen County, New Jersey today contains an article that begins, "His nomination has yet to be heard, but already Democratic leaders have dismissed the first openly gay man picked for the Supreme Court, civil rights advocates are softening their support for him and Republicans are left struggling to prevent a second rejection of Governor Christie's nominees."
Posted at 08:02 AM by Howard Bashman


"GOP activist asks tenure panel to review judge's real estate transactions": In today's edition of The Detroit Free Press, Dawson Bell has an article that begins, "A veteran Republican activist and court watcher asked the Michigan Judicial Tenure Commission to investigate a series of real estate transactions conducted by state Supreme Court Justice Diane Hathaway that he said appear to have been unethical, if not illegal."
Posted at 08:00 AM by Howard Bashman


"Step down: Justice Joan Orie Melvin has compromised the integrity of the state's Supreme Court." This editorial appears today in The Patriot-News of Harrisburg, Pennsylvania.
Posted at 07:58 AM by Howard Bashman


"Admissions Goes to Court": The Harvard Crimson has a report that begins, "As attorneys representing the University of Texas prepare to defend the school's affirmative action policies before the Supreme Court this fall, they face an uphill battle. Legal experts say that the Roberts Court is poised to rule against Texas' policies aimed at increasing racial diversity. The attorneys reporting to Texas are also indirectly defending Harvard, which originally laid the groundwork for affirmative action as it is used today."
Posted at 07:54 AM by Howard Bashman


"Is Justice Ginsburg Risking the Future of the Supreme Court? The calls for her retirement started last year -- she's nearly 80 and a two-time cancer survivor -- but Ruth Bader Ginsburg isn't going anywhere." Chris Geidner has this essay online at The Daily Beast.
Posted at 07:40 AM by Howard Bashman


"6 Va. men retracing John Marshall's 1812 journey": The Associated Press has this report.

And in local coverage, The News & Advance of Lynchburg, Virginia reports that "Lynchburg-based batteau expedition tackles New River Gorge whitewater."
Posted at 07:32 AM by Howard Bashman



Wednesday, May 23, 2012

"9/11 accused want Obama, Bush testimony at Guantanamo; Lawyers for the alleged Sept. 11 conspirators are seeking testimony from presidents and others as part of a pretrial motion to get the case dismissed on grounds of unlawful political influence by senior U.S. officials": Carol Rosenberg of The Miami Herald has this news update.

And at his "Under the Radar" blog at Politico.com, Josh Gerstein has a post titled "Judge demands Guantanamo videos."
Posted at 10:56 PM by Howard Bashman



Lyle Denniston of "SCOTUSblog" is reporting: Today, he has posts titled "Money, politics and Citizens United's fate" and "New dispute over death sentencing."

In related coverage of the second post, The Providence Journal has a news update headlined "R.I. Gov. Chafee, accused killer seek U.S. Supreme Court relief."
Posted at 10:40 PM by Howard Bashman



"Justice Stratton says it's time to go": This article appears today in The Columbus Dispatch.

In today's edition of The Toledo Blade, Jim Provance has an article headlined "Stratton to leave Ohio's top court; Justice to advocate on mental health, adoption, other issues."

And The Cleveland Plain Dealer reports that "Ohio Supreme Court Justice Evelyn Lundberg Stratton to retire midway through term."
Posted at 10:34 PM by Howard Bashman



"Katyal to Class of 2012: Integrity, Ability to Listen Are Key to a Successful Career." Yesterday, the University of Virginia School of Law issued this news release (accompanied by video and a podcast).
Posted at 10:09 PM by Howard Bashman


"US appeals court clarifies piracy definition": The Associated Press has a report that begins, "A federal appeals court ruled Wednesday on the legal definition of piracy, saying an armed attack on a U.S. vessel can be considered piracy even if no one ever boards or robs the ship."

Terry Baynes of Reuters has an article headlined "Piracy includes failed attempts -- court."

And at "walshslaw," Kevin C. Walsh has a blog post titled "Somali pirates lose on appeal: Fourth Circuit affirms piracy convictions in U.S.S. Nicholas prosecution and reverses dismissal of piracy count in U.S.S. Ashland prosecution."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link. And you can access at this link a second, related Fourth Circuit ruling that issued today.
Posted at 04:30 PM by Howard Bashman



"GOP senators questioning Maui judicial conference": The Maui News has this report.

And Politico.com has a blog post titled "Inouye defends Maui court conference."
Posted at 03:46 PM by Howard Bashman



"Ted Kaczynski, the Unabomber, lists himself in Harvard 1962 alumni report; says 'awards' include eight life sentences": The Boston Globe has this news update.
Posted at 03:42 PM by Howard Bashman


"Justice Scalia Comes Home to the Law School": Jerry de Jaager has this article in the Spring 2012 issue of the alumni magazine of The University of Chicago Law School.
Posted at 03:33 PM by Howard Bashman


"11th Circuit chief will wait on senior status": Alyson M. Palmer has this article today in The Fulton County Daily Report.
Posted at 03:18 PM by Howard Bashman


"Controversial Instructions at Core of Edwards Case": John Schwartz will have this article Thursday in The New York Times.
Posted at 03:02 PM by Howard Bashman


Programming note: A trip to the Pennsylvania Judicial Center in Harrisburg, Pennsylvania in connection with an appeal that I am working on will have me away from the computer for a while. Additional posts should appear here later this afternoon.
Posted at 08:24 AM by Howard Bashman


"Obama Health Care Hangs On Clause Queried By U.S. Court": Greg Stohr of Bloomberg News has an article that begins, "When the U.S. Supreme Court upheld the 1964 Civil Rights Act, the justices said next to nothing about racial equality, the ideal that drove the landmark law's enactment. Instead, the court cited the constitutional clause that lets Congress regulate interstate commerce, saying the law barred discrimination at hotels and restaurants used by travelers moving across state lines."
Posted at 07:54 AM by Howard Bashman


"Gov. Christie's N.J. Supreme Court nominee will not clear Senate Judiciary Committee, sources say": In today's edition of The Newark Star-Ledger, MaryAnn Spoto has an article that begins, "The nomination of Mayor Bruce Harris of Chatham Borough to the state Supreme Court appears doomed because he does not have enough votes to clear the Senate Judiciary Committee next Thursday, sources familiar with the panel's deliberations told The Star-Ledger."
Posted at 07:50 AM by Howard Bashman


"State Supreme Court Justice Joan Orie Melvin's preliminary hearing moved to June 8": The Associated Press has this report.

The Pittsburgh Tribune-Review reports today that "Pa. Court of Judicial Discipline to decide on Melvin's pay."

And today's edition of The Philadelphia Daily News contains an essay by Ed Weiner entitled "Justice Joan Orie Melvin's been indicted. She has to go."
Posted at 07:44 AM by Howard Bashman



"The Barnes and the (new) purpose of art": Tyler Green has this post at the "Modern Art Notes" blog.

And a blog created "in order to keep track of the differences between the art as it was, in Merion, and as it is, in Philadelphia" is titled "NewBarnesFoundation."
Posted at 07:33 AM by Howard Bashman



Tuesday, May 22, 2012

"Steve Bullock, Montana Attorney General, Takes A Stand In Citizens United Sequel": Mike Sacks of The Huffington Post has this report.
Posted at 11:44 PM by Howard Bashman


"Race bias in voting: The next round." Lyle Denniston has this post at "SCOTUSblog."
Posted at 09:07 PM by Howard Bashman


"GOP senators question judicial conference on Maui": The Associated Press has a report that begins, "Hawaii officials defended the islands Tuesday as a place of business amid criticism from two key U.S. senators who questioned the decision to hold an upcoming conference for federal judges on Maui."
Posted at 09:00 PM by Howard Bashman


"Montana Attorney General Race Rocked By Out-Of-State Corporate Donations In Wake Of Citizens United": Matt Sledge of The Huffington Post has this report.
Posted at 05:12 PM by Howard Bashman


"Appeals court rejects Arlington County dog day care center's sign ordinance challenge": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 05:09 PM by Howard Bashman


"Targeting John Roberts: The left tries to intimidate the High Court on ObamaCare." This editorial appears today in The Wall Street Journal.
Posted at 04:20 PM by Howard Bashman


"SCOTUS to Federal Circuit: Think harder about what's patentable." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 04:11 PM by Howard Bashman


"San Francisco gay marriage case goes to federal appeals court in September": Howard Mintz of The San Jose Mercury News has an update that begins, "A federal appeals court will hear arguments in September in a legal challenge to the federal ban on same-sex marriage benefits."

You can access today's order of the U.S. Court of Appeals for the Ninth Circuit denying the petition for initial hearing en banc in Golinski v. US OPM at this link.
Posted at 04:09 PM by Howard Bashman



"Appeals court upholds historic Cobell settlement": Lawrence Hurley of Greenwire has this report.

And The Associated Press reports that "$3.4 billion Indian land royalty settlement upheld."
Posted at 03:07 PM by Howard Bashman



"Corporations Are People, Too: Jeffrey Toobin plays fast and loose in his assault on Citizens United." Law professor Richard A. Epstein has this essay online today at the "Defining Ideas" site of the Hoover Institution.
Posted at 03:04 PM by Howard Bashman


"Supreme Court rules twins conceived posthumously can't get Social Security benefits": Robert Barnes has this article today in The Washington Post.

In today's edition of The Los Angeles Times, David G. Savage has an article headlined "Supreme Court rejects widow's claim in Social Security case; Children conceived in vitro from her late husband's sperm are not automatically entitled to survivors benefits, justices agree; The court also rules in an immigration case."

And Jess Bravin of The Wall Street Journal reports that "Justices Deny Benefits to In-Vitro Twins."
Posted at 02:51 PM by Howard Bashman



"Bush Era Surveillance Program Headed to Supreme Court": This audio segment featuring Adam Liptak appeared on today's broadcast of "The Takaway."

In today's edition of The Washington Post, Robert Barnes reports that "Supreme Court agrees to hear case on electronic surveillance."

And Warren Richey of The Christian Science Monitor has an article headlined "Can US group challenge overseas surveillance act? Supreme Court to decide; The US Supreme Court agreed to examine whether a group of US-based lawyers, activists, and journalists can challenge a Bush-era law authorizing broad surveillance overseas."
Posted at 02:38 PM by Howard Bashman



"Court upholds $3.4 billion Native American deal": James Vicini of Reuters has this report.

My earlier coverage of today's D.C. Circuit ruling appears at this link.
Posted at 02:00 PM by Howard Bashman



"Chuck Grassley grilled over court criticism": Politico.com has this report.

The Honolulu Star-Advertiser reports today that "GOP senators question court conference in isles; Despite the APEC session, Hawaii's image as a resort destination remains a problem" (subscription required).

Hawaii News Now reports that "Judges conference in Maui scrutinized."

And Honolulu Civil Beat reports that "Ninth Circuit Maui Trip Draws Criticism."
Posted at 01:12 PM by Howard Bashman



"Former Solicitor General, a 'Modest Superstar,' Given Rex Lee Advocacy Award": Todd Ruger has this post at "The BLT: The Blog of Legal Times."

And at her "Appellate Daily" blog, Michelle Olsen has a post titled "Garre Receives Rex Lee Award, Thanks Two Chief Justices."
Posted at 01:02 PM by Howard Bashman



Unanimous three-judge D.C. Circuit panel rejects challenge to federal district court's approval of Cobell Indian Trust class action settlement: You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.

In early news coverage, Mike Scarcella has a post titled "D.C. Circuit Upholds $3.4B Native American Class Settlement" at "The BLT: The Blog of Legal Times."
Posted at 11:30 AM by Howard Bashman



"Taser Pain May Be Considered by Supreme Court as Excessive Force": Ariane de Vogue of ABC News has this report.
Posted at 11:06 AM by Howard Bashman


"Supreme Court refuses to hear music downloading appeal": This article appears today in The Boston Globe.

And The Harvard Crimson reports today that "Court Rejects Downloads Case."
Posted at 08:57 AM by Howard Bashman



"Do We Still Need the Voting Rights Act?" Jeffrey Toobin has this blog post online today at The New Yorker.
Posted at 08:54 AM by Howard Bashman


"Could vacant 11th Circuit seat allow compromise? Edmondson's taking senior status could let Obama, Ga. senators pick Jill Pryor and Mark Cohen; lawyer is doubtful deal would happen." Alyson M. Palmer has this article today in The Fulton County Daily Report.
Posted at 08:45 AM by Howard Bashman


"Senate OKs Paul Watford for federal appeals court": Bob Egelko has this article today in The San Francisco Chronicle.

And Scott Graham of The Recorder reports that "Senate Confirms Watford for 9th Circuit Seat."
Posted at 08:44 AM by Howard Bashman



"Joan Orie Melvin claims a political vendetta": Today's edition of The Pittsburgh Post-Gazette contains an article that begins, "In the weeks leading up to Friday's indictment of state Supreme Court Justice Joan Orie Melvin, an attorney for the justice sought to have a member of the state Judicial Conduct Board recuse himself, claiming he had a connection to Allegheny County District Attorney Stephen A. Zappala Jr."

You can access at this link the formal charges that the Pennsylvania Judicial Conduct Board issued last Friday against Pa. Supreme Court Justice Joan Orie Melvin.

And in other coverage, yesterday Jeff Blumenthal of the Philadelphia Business Journal had a blog post titled "Pa. bar chief doesn't call for Melvin resignation."
Posted at 08:34 AM by Howard Bashman



Monday, May 21, 2012

"Republicans challenge appeals court meeting in Maui": Thomas Ferraro of Reuters has this report.
Posted at 10:42 PM by Howard Bashman


"Appeals court refuses to delay surrender of Jason Pleau to federal authorities": The Providence (R.I.) Journal has this news update.

You can access today's order of the en banc U.S. Court of Appeals for the First Circuit at this link.
Posted at 08:17 PM by Howard Bashman



"Senate Confirms Paul J. Watford to Ninth Circuit Court of Appeals": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has issued this news release.
Posted at 08:11 PM by Howard Bashman


"Accused 9/11 planners might get separate Guantanamo trials; The judge in the legal proceeding against five men accused of having roles in the 9/11 terror attacks is considering whether to separate the trials": Carol Rosenberg of The Miami Herald has this news update.
Posted at 07:45 PM by Howard Bashman


"Senators target U.S. judges' tropical get-together": Howard Mintz of The San Jose Mercury News has this update.

Breitbart News has reports headlined "Exclusive: 9th Circuit Takes Plush Maui Vacation At Taxpayer Expense, As Others Cut Back" and "Breitbart News Expose of Plush Ninth Circuit Trip Forces Court Response."

Today's edition of The New York Post contains an article headlined "Judges' alo-ha! at taxpayers."

Roll Call has a news update headlined "Grassley, Sessions Question Judicial Conference in Hawaii."

"The Note" blog from ABC News has a post titled "GOP Blasts Million Dollar Judicial Conference in Hawaii."

Politico has a blog post titled "Judges' Maui conference: Shades of Vegas?"

The Hill has a blog post titled "GOP blasts $1 million Hawaii conference for judges in wake of GSA scandal."

And the "Main Justice" blog has a post titled "Senators Question Price Tag for Maui Judicial Conference."
Posted at 07:34 PM by Howard Bashman



By a vote of 61-to-34, the U.S. Senate has confirmed Paul J. Watford to serve on the U.S. Court of Appeals for the Ninth Circuit: You can access the official roll call vote tally at this link.

Earlier today, McClatchy Newspapers published an essay by law professor Carl Tobias entitled "Time to fill Ninth Circuit vacancies."
Posted at 07:08 PM by Howard Bashman



"Former Supreme Court Justice John Paul Stevens spoke at the American Law Institute annual meeting." C-SPAN has posted at this link the video of the retired Justice's remarks earlier today.
Posted at 05:49 PM by Howard Bashman


"Supreme Court Decides On Deportation, Takes Up Wiretapping": Mike Sacks of The Huffington Post has this report.
Posted at 05:46 PM by Howard Bashman


"2nd Circuit shields CIA interrogation documents": Terry Baynes of Reuters has a report that begins, "The Central Intelligence Agency does not have to disclose records of interrogation techniques used against terrorism suspects in 2002, a federal appeals court ruled on Monday."

And Bill Mears of CNN.com reports that "Court blocks release of CIA interrogation methods."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 05:44 PM by Howard Bashman



"Disabled rights not violated when pot shops closed, court rules": Maura Dolan of The Los Angeles Times has this blog post reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 05:32 PM by Howard Bashman


"Professor Makes the Case That Google Is a Publisher": Law professor Eugene Volokh -- a founder of "The Volokh Conspiracy" blog -- is the focus of this article published today in The New York Times.

Demonstrating the broad swath of "The Volokh Conspiracy," the article concludes with several paragraphs offering law professor Stuart M. Benjamin's take on Volokh's paper, without bothering to note that Benjamin is himself listed as a contributor to "The Volokh Conspiracy" blog.
Posted at 05:22 PM by Howard Bashman



"Senators Question Ninth Circuit over Hawaii Conference": At WSJ.com's "Law Blog," Joe Palazzolo has this post reporting on a letter that the Ranking Members of the U.S. Senate's Budget and Judiciary Committees sent last Friday to Ninth Circuit Chief Judge Alex Kozinski.

And at "The BLT: The Blog of Legal Times," Todd Ruger has a post titled "GOP Senators Compare Planned Ninth Circuit Conference in Hawaii to 'Vacation.'"

The Ninth Circuit's initial response to the letter issued today in the form of a "Statement from Circuit and Court of Appeals Executive Cathy A. Catterson Regarding the Inquiry from Senators Grassley and Sessions."
Posted at 05:14 PM by Howard Bashman



"Children Not Entitled to Dead Father's Benefits, Justices Rule": Adam Liptak will have this article Tuesday in The New York Times.

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court: In vitro children might not be due benefits."

Jesse J. Holland of The Associated Press reports that "Twins conceived after dad died won't get benefits."

James Vicini of Reuters reports that "Supreme Court decides in vitro fertilization benefits."

And Bill Mears of CNN.com reports that "Justices deny benefits for child conceived after death of a parent."
Posted at 05:05 PM by Howard Bashman



"Supreme Court Agrees to Hear Case on Surveillance": Adam Liptak will have this article Tuesday in The New York Times.

Mark Sherman of The Associated Press reports that "High court will take up wiretaps lawsuit."

James Vicini of Reuters reports that "Supreme Court to hear U.S. govt. eavesdropping appeal."

Bloomberg News reports that "Supreme Court To Consider Suit Challenging Wiretap Law."

At Wired.com's "Threat Level" blog, David Kravets has a post titled "High Court to Hear Warrantless Eavesdropping Challenge."

And at "SCOTUSblog," Lyle Denniston has a post titled "Narrow review of global wiretaps."

My earlier coverage of the Second Circuit's 6-to-6 denial of rehearing en banc in this case can be accessed here.
Posted at 04:55 PM by Howard Bashman



"Supreme Court Lets Stand $675,000 File-Sharing Verdict": David Kravets has this post at Wired.com's "Threat Level" blog.

The Associated Press reports that "Court won't reduce student's music download fine."

And Bloomberg News reports that "Music Downloading Damages Left Intact By U.S. High Court."
Posted at 04:44 PM by Howard Bashman



Programming note: Today, I will be traveling back and forth to Wilkes-Barre, Pennsylvania to meet with trial counsel in an appeal on which I am working.

At 10 a.m. eastern time today, the U.S. Supreme Court is scheduled to issue an Order List and one or more opinions in argued cases. Once the Court posts the Order List online, you should be able to access it via this link. And the Court posts links to its newest opinions at this page once they are announced. As always, "SCOTUSblog" plans to provide timely coverage of this morning's activities at the Court.

Additional posts will appear here later today.
Posted at 06:55 AM by Howard Bashman



Readers of this blog can now use Twitter to be notified of new posts: Last Thursday, the "How Appealing" blog finally acquired a Twitter feed, @howappealing.

New posts published here will automatically appear as tweets, so if you prefer to be notified of new posts using Twitter, you can now do so by following this blog at twitter.com/howappealing.
Posted at 06:50 AM by Howard Bashman



"Retired Supreme Court Justice Stevens Addresses Law Conference": C-SPAN plans to broadcast the address live starting at 2 p.m. eastern time today.
Posted at 06:47 AM by Howard Bashman


"Why the Law Will Eventually 'Evolve' on Gay Marriage Just Like Obama Did": Law professor Jeffrey Rosen has this essay online at The New Republic.
Posted at 06:45 AM by Howard Bashman


Sunday, May 20, 2012

"Retired federal judge blasts direction of U.S. Supreme Court": The Birmingham News has this update.
Posted at 09:54 PM by Howard Bashman


"Planned Parenthood Urges Court To Keep Texas Funding In Place": Bloomberg News has a report that begins, "Planned Parenthood-affiliated groups in Texas asked a federal appeals court to uphold a ruling requiring the state to keep subsidizing the clinics."
Posted at 09:16 PM by Howard Bashman


"Feds Prevail in Spat with Former Acting Solicitor General": Brent Kendall has this post today at WSJ.com's "Law Blog."
Posted at 09:14 PM by Howard Bashman


"Supreme Court faces pressure to reconsider Citizens United ruling": Robert Barnes will have this article Monday in The Washington Post.
Posted at 09:12 PM by Howard Bashman


"Supreme Court considers whether to take up anti-terrorism laws; At issue are challenges to George W. Bush-era measures involving wiretapping and the prisoners held at Guantanamo Bay": David G. Savage has this article today in The Los Angeles Times.
Posted at 10:26 AM by Howard Bashman


"Supreme Court decision on federal health care law could fire up young voters": This article appears today in The Cleveland Plain Dealer.
Posted at 09:57 AM by Howard Bashman


Today's edition of The Tennessean contains a special report on "Abortion in Tennessee": Today's newspaper contains articles headlined "TN, with few restrictions, attracts out-of-state women seeking abortions; But a vote could change it all"; "TN man's fight to stop embryo donation set stage for abortion rights"; "Public records on court petitions for abortions don't exist; Without records, policy is difficult to judge"; "Churches shift positions on abortion"; and "At 40, Memphis abortion clinic gets bold with its mission; State's oldest free-standing clinic makes bold statement in caring for women."
Posted at 09:55 AM by Howard Bashman


"Joan Orie Melvin's absence may hamstring Supreme Court cases": Paula Reed Ward has this article today in The Pittsburgh Post-Gazette.

Today's edition of The Patriot-News of Harrisburg, Pennsylvania contains an article headlined "Amid charges, critics call for Justice Joan Orie Melvin's resignation."

And The Philadelphia Inquirer reports that "Judge rejects calls to resign."
Posted at 09:34 AM by Howard Bashman



"Under the U.S. Supreme Court: Justices will decide the fate of gay marriage." Michael Kirkland of UPI has this report.
Posted at 09:28 AM by Howard Bashman


Saturday, May 19, 2012

"Montana AG urges U.S. Supreme Court to keep corporate spending ban": The Missoulian has a news update that begins, "Attorney General Steve Bullock has urged the U.S. Supreme Court to uphold Montana's century-old ban on corporate spending in political races and reject an attempt to dismantle it."

And a related news update is headlined "High court has 3 options on Montana's corporate spending ban."
Posted at 11:58 PM by Howard Bashman



"Christie's second N.J. Supreme Court nominee to get confirmation hearing": MaryAnn Spoto of The Newark Star-Ledger has this news update.

The Bergen County Record reports that "NJ Supreme Court nominee up for confirmation this month."

The Associated Press reports that "New Jersey high court nominee faces skepticism."

And in related coverage, today's edition of The Philadelphia Inquirer contains a front page article headlined "New Jersey bar president calls Christie criticism 'borderline unethical.'"
Posted at 11:52 PM by Howard Bashman



"A campaign bombshell: If the court upholds the healthcare reform law, the president wins; if it declares the law unconstitutional, he loses. Right? Well, not so fast." Columnist Doyle McManus will have this op-ed Sunday in The Los Angeles Times.
Posted at 03:47 PM by Howard Bashman


"Judge's departure continues Supreme Court's makeover": In today's edition of The Toronto Globe and Mail, Kirk Makin has an article that begins, "A dramatic reshaping of the Supreme Court of Canada under Prime Minister Stephen Harper has taken another step forward with the announced retirement of Madam Justice Marie Deschamps. The 59-year-old judge's imminent departure gives Mr. Harper his fifth opportunity to appoint someone to the nine-judge bench."

And The Toronto Sun reports that "Deschamps to retire from Supreme Court."
Posted at 03:42 PM by Howard Bashman



"Judge weighs multiple Guantanamo 9/11 trials": The Associated Press has this report.
Posted at 02:58 PM by Howard Bashman


"Md. high court will not reverse DNA ruling; state officials plan Supreme Court challenge": Today's edition of The Washington Post contains an article that begins, "Maryland's highest court will not overturn -- or even temporarily suspend -- its ruling last month that prohibits DNA collection from those charged but not yet convicted in violent crimes and burglaries, authorities said Friday."
Posted at 02:50 PM by Howard Bashman


"Obama may stay clear of court fight over Prop. 8": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 02:42 PM by Howard Bashman


"Voting Rights Act upheld by appeals court": The Shelby County (Ala.) Reporter has this local coverage of a ruling that a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued yesterday.

My earlier coverage of yesterday's ruling appears here, here, and here.
Posted at 02:30 PM by Howard Bashman



"Appeals Panel Weighs Question on Press Rights": In today's edition of The New York Times, Charlie Savage has an article that begins, "At least two members of a three-judge federal appeals court panel appeared to express some skepticism on Friday about prosecutors' request that they overturn a district judge's order protecting a journalist from being forced to identify his confidential sources in the trial of a former Central Intelligence Agency officer."

And Michael Calderone and Dan Froomkin of The Huffington Post report that "'Reporter's Privilege' Under Fire From Obama Administration Amid Broader War On Leaks."
Posted at 12:15 PM by Howard Bashman



"Justice Joan Orie Melvin to fight charges": Paula Reed Ward has this article today in The Pittsburgh Post-Gazette. The newspaper also contains an article headlined "A sudden halt to stellar career" and an editorial entitled "Justice on ice: Orie Melvin should resign to make the court whole."

Today's edition of The Pittsburgh Tribune-Review contains articles headlined "State Supreme Court Justice Joan Orie Melvin hit with four felonies" and "Reform vow, legal career lifted Melvin to high court," along with an editorial entitled "Charging Joan Orie Melvin: More's the pity."

And The Philadelphia Inquirer contains an editorial entitled "Orie charges may help end some judicial elections."
Posted at 10:45 AM by Howard Bashman



Friday, May 18, 2012

"Court upholds key provision of Voting Rights Act, Supreme Court review likely": Robert Barnes will have this article Saturday in The Washington Post.

Warren Richey of The Christian Science Monitor reports that "Appeals court upholds key provision of Voting Rights Act. Supreme Court could loom; A federal court on Friday rejected an Alabama county's argument that a key part of the 1965 Voting Rights act is outdated; That could set the stage for a Supreme Court hearing."

And at "The BLT: The Blog of Legal Times," Marcia Coyle has a post titled "D.C. Circuit Upholds Key Section of Voting Rights Act."
Posted at 10:52 PM by Howard Bashman



"Top Pa. judge charged with campaign corruption": The Associated Press has this report.

And Reuters reports that "Pennsylvania Supreme Court judge charged with corruption."
Posted at 10:06 PM by Howard Bashman



"Federal Circuit Will Hear Judges' Back-Pay Challenge": At "The BLT: The Blog of Legal Times," Marcia Coyle has this post reporting on an order granting rehearing en banc that the U.S. Court of Appeals for the Federal Circuit issued today.

My earlier coverage of the now vacated three-judge panel's ruling can be accessed here.
Posted at 04:38 PM by Howard Bashman



"Citizens United Foes John McCain, Sheldon Whitehouse Take Argument To Supreme Court": Mike Sacks of The Huffington Post has this report.
Posted at 03:10 PM by Howard Bashman


"Voting Law's 'Preclearance' Provision Upheld On Appeal": Bloomberg News has this report.

My earlier coverage of today's D.C. Circuit ruling appears at this link.
Posted at 02:33 PM by Howard Bashman



"Federal appeals panel hears CIA leak case in Va." The Associated Press has this updated report.
Posted at 02:23 PM by Howard Bashman


"Ninth Circuit Recognizes Judge Diarmuid F. O'Scannlain": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has issued this news release.

Longtime readers of this blog may recall that Judge O'Scannlain was the first Ninth Circuit judge, and the second judge overall, to participate in this blog's "20 questions for the appellate judge" feature. You can access my interview with Judge O'Scannlain, originally published on March 1, 2003, by clicking here.
Posted at 01:28 PM by Howard Bashman



"Edmondson to take senior status on appeals court": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "Judge J.L. 'Larry' Edmondson has told President Barack Obama he will take senior status on July 15, opening up another vacancy on the federal appeals court in Atlanta."
Posted at 12:40 PM by Howard Bashman


Supreme Court of Pennsylvania has issued an order stating that "Madame Justice Orie Melvin is hereby relieved of any and all judicial and administrative responsibilities as a Justice": You can access today's order of the Supreme Court of Pennsylvania at this link.

A second order issued today by Pennsylvania's highest court directs the Court Administrator of Pennsylvania to "take such steps as are necessary to secure the records, files and equipment which are the property of the Supreme Court of Pennsylvania" located at Justice Orie Melvin's Pittsburgh office and further directs that those premises are to be vacated pending further order of the court.

The Pittsburgh Tribune-Review has posted a copy of the criminal complaint issued today at this link.
Posted at 12:10 PM by Howard Bashman



"Maryland court recognizes same-sex marriages for purpose of divorce; Out-of-state gay marriages recognized": The Baltimore Sun has this news update.

And The Associated Press reports that "Md. highest court recognizes same-sex divorce."

You can access today's ruling of the Court of Appeals of Maryland -- that state's highest court -- at this link.
Posted at 11:20 AM by Howard Bashman



"Justice Joan Orie Melvin to step away from state Supreme Court to fight charges": Paula Reed Ward of The Pittsburgh Post-Gazette has a news update that begins, "State Supreme Court Justice Joan Orie Melvin this morning informed the court that she will voluntarily recuse from all duties because nine criminal counts will be filed against her today. According to a letter submitted to Chief Justice Ronald D. Castille by Justice Melvin's attorney, she will surrender at 2 p.m. to receive the charges contained in the grand jury presentment."
Posted at 11:16 AM by Howard Bashman


Majority on divided three-judge D.C. Circuit panel rejects challenge to the continued constitutionality of Section 5 of the Voting Rights Act of 1965: The U.S. Court of Appeals for the D.C. Circuit today issued its ruling in the case captioned Shelby County, Alabama v. Holder.

This blog's earlier coverage of the federal district court's decision in the case, which today's D.C. Circuit ruling affirms, can be accessed here and here.

At his "Election Law Blog," Rick Hasen has a post titled "Breaking News: Divided D.C. Circuit Panel Upholds Constitutionality of Voting Rights Act, Teeing Up Issue for Supreme Court."

In other early coverage, Mary Orndorff of The Birmingham News has an update headlined "Shelby County loses appeal; Voting Rights Act is upheld by federal court."

And Pete Yost of The Associated Press reports that "Appeals court upholds key voting rights provision."
Posted at 10:56 AM by Howard Bashman



"Fourth Circuit to hear big campaign finance oral argument in Richmond": Kevin C. Walsh has this post at his "walshslaw" blog.
Posted at 10:52 AM by Howard Bashman


"Federal appeals panel to hear CIA leak case": The Associated Press has a report that begins, "A federal appeals panel will hear the case of an ex-CIA officer charged with leaking classified information about Iran's nuclear program to a New York Times reporter."
Posted at 10:50 AM by Howard Bashman


"Allegheny County DA charges state Supreme Court Justice Melvin": The Pittsburgh Tribune-Review has a news update that begins, "Allegheny County District Attorney Stephen A. Zappala Jr. this morning charged state Supreme Court Justice Joan Orie Melvin with nine criminal counts, including four felonies, following a lengthy grand jury investigation into accusations she used her state-paid staff for campaign work."

You can access today's statement of the Allegheny County, Pennsylvania District Attorney's Office at this link.
Posted at 10:44 AM by Howard Bashman



"Candidates duke it out in races for Texas Supreme Court": This article appears today in The Fort Worth Star-Telegram.
Posted at 08:42 AM by Howard Bashman


"Supreme Court to make life and death decision on landmark appeal in December": In today's edition of The Toronto Globe and Mail, Kirk Makin has an article that begins, "The Supreme Court of Canada has left little doubt that it intends to create a blueprint for end-of-life treatment when it hears a landmark appeal next December."
Posted at 08:30 AM by Howard Bashman


"State Supreme Court Justice Joan Orie Melvin expected to be charged today": In today's edition of The Pittsburgh Post-Gazette, Paula Reed Ward has an article that begins, "State Supreme Court Justice Joan Orie Melvin is expected to be charged today as a result of a grand jury investigation looking into improper campaign activity, according to a source familiar with the investigation."

And The Pittsburgh Tribune-Review reports today that "No charges filed yet against Melvin."
Posted at 08:24 AM by Howard Bashman



"Court denies motion to reconsider pardons": Today's edition of The Clarion-Ledger of Jackson, Mississippi contains an article that begins, "The Mississippi Supreme Court has denied Attorney General Jim Hood's motion to reconsider a ruling that validated then-Gov. Haley Barbour's pardons."

And CNN.com reports that "Mississippi Supreme Court again upholds pardons."
Posted at 08:14 AM by Howard Bashman



Thursday, May 17, 2012

"Memphis Moments: Abe Fortas." Radio station WKNO 91.1 of Memphis had this interesting audio segment (with transcript) today.
Posted at 10:38 PM by Howard Bashman


"Former Colorado Supreme Court Justice Kourlis gets top legal honor for reform work": The Denver Post has this news update.
Posted at 10:26 PM by Howard Bashman


"Die-Hard Yankees Fan Sonia Sotomayor Addresses Graduates at Yankee Stadium": Ariane de Vogue of ABC News has this blog post.
Posted at 10:22 PM by Howard Bashman


"Minute Maid wins 'Pomegranate Blueberry' case": Bob Egelko of The San Francisco Chronicle has this news update.

My earlier coverage of today's Ninth Circuit ruling appears at this link.
Posted at 08:50 PM by Howard Bashman



"Health care reform: GOP preps plan for ruling on law." Politico.com has a report that begins, "House Republican leaders are quietly hatching a plan of attack as they await a historic Supreme Court ruling on President Barack Obama's health care law. If the law is upheld, Republicans will take to the floor to tear out its most controversial pieces, such as the individual mandate and requirements that employers provide insurance or face fines."

And in this past Sunday's edition of The New York Times, professor Richard H. Thaler had an essay entitled "Slippery-Slope Logic, Applied to Health Care."
Posted at 08:44 PM by Howard Bashman



"Court to review request of illegal immigrant to practice law; A paralegal who was brought to the United States as a young child has been certified by the State Bar of California, raising broader questions about licensing illegal immigrants in other professions": Maura Dolan has this article today in The Los Angeles Times.

In today's edition of The San Francisco Chronicle, Bob Egelko reports that "Court to decide if illegal immigrant can practice law."

And Howard Mintz of The San Jose Mercury News reports that "California Supreme Court to decide if illegal immigrant can practice law."
Posted at 08:36 PM by Howard Bashman



"Tasering a pregnant woman: excessive police force or not? Seattle officers contest appeal court verdict on 2004 confrontation over speeding ticket." This article appears in Friday's edition of The Independent (UK).
Posted at 08:22 PM by Howard Bashman


"Federal court overturns ruling on Greece Town Board prayer": The Rochester (N.Y.) Democrat and Chronicle has this news update.

And Mark Hamblett of The New York Law Journal reports that "Town Board's Prayers Found to Endorse Christianity."

My earlier coverage of today's Second Circuit ruling appears at this link.
Posted at 07:18 PM by Howard Bashman



"U.S. Supreme Court Justice Breyer robbed again": James Vicini of Reuters has this report.

Greg Stohr of Bloomberg News reports that "High Court Justice Breyer's Washington Home Burglarized."

And Bill Mears of CNN.com reports that "Justice Breyer's D.C. home hit by burglary."
Posted at 05:10 PM by Howard Bashman



"Court rules NY town's prayer violated Constitution": The Associated Press has this report.

My earlier coverage of today's Second Circuit ruling appears at this link.
Posted at 05:03 PM by Howard Bashman



In Bashman news from Australia: Now that baseball season is here, The Fraser Coast Chronicle reports today that "Home intruders bash man with bats."
Posted at 04:53 PM by Howard Bashman


"Justice Breyer's Georgetown home hit by burglar": "The Reliable Source" blog of The Washington Post has this post today.
Posted at 03:30 PM by Howard Bashman


"Federal judge blocks indefinite military detention provision": Reuters has a report that begins, "A federal judge on Wednesday blocked enforcement of a recently enacted law's provision that authorizes indefinite military detention for those deemed to have 'substantially supported' al Qaeda, the Taliban or 'associated forces.'"

And at the "Lawfare" blog, Steve Vladeck has a post titled "Federal Judge Enjoins Section 1021 of the FY2012 NDAA."

You can access yesterday's ruling of the U.S. District Court for the Southern District of New York at this link.
Posted at 03:12 PM by Howard Bashman



"Appeals court revives POM lawsuit versus Coca-Cola": Dan Levine of Reuters has this report.

My earlier coverage of today's Ninth Circuit ruling appears at this link.
Posted at 02:33 PM by Howard Bashman



"Fate of 'uninsurables' hinges on Supreme Court": The Associated Press has this report.
Posted at 02:20 PM by Howard Bashman


By popular demand, new posts at "How Appealing" can now be accessed online via Twitter: As Tony Mauro's recent article about this blog's tenth birthday pointed out, the "How Appealing" blog during its first ten years lacked any Twitter feed.

Starting today, however, "How Appealing" does have a twitter feed, @howappealing. Via a service known as Twitterfeed, new posts published here will automatically appear as tweets, so if you prefer to be notified of new posts using Twitter, you can now do so by following this blog at twitter.com/howappealing.
Posted at 02:00 PM by Howard Bashman



"Melvin to soon learn fate": Today's edition of The Pittsburgh Tribune-Review contains an article that begins, "An Allegheny County grand jury investigating state Supreme Court Justice Joan Orie Melvin will hear testimony this morning as a deadline on recommending charges nears."
Posted at 01:40 PM by Howard Bashman


Ninth Circuit decides Pom Wonderful's lawsuit alleging that Coca-Cola misled consumers to believe that a juice beverage called "Pomegranate Blueberry" consists primarily of pomegranate and blueberry: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:30 PM by Howard Bashman


"2nd Circuit finds NY town prayers unconstitutional": Terry Baynes of Reuters has this report.

My earlier coverage of today's Second Circuit ruling appears at this link.
Posted at 01:26 PM by Howard Bashman



"Although it is customary not to issue opinions when an appellate court affirms on a tie vote, there are occasional departures." So explains a per curiam opinion that the en banc U.S. Court of Appeals for the Seventh Circuit issued today explaining that the court has divided 5-to-5 on a case involving a so-called "class of one" equal protection claim.

The per curiam opinion proceeds to explain:

A majority of the judges of the court have concluded that this is an appropriate occasion for such a departure. The law concerning "class of one" equal-protection claims is in flux, and other courts faced with these cases may find the discussion in the three opinions in this case helpful.
The three opinions in question were (listed in the order in which they appear) written by Circuit Judge Richard A. Posner, Chief Judge Frank H. Easterbrook, and Circuit Judge Diane P. Wood. You can access the audio of the en banc oral argument via this link (10.3 MB mp3 audio file).

The Seventh Circuit voted to take the case en banc before the original three-judge panel assigned to decide the case had issued its ruling. Once the case went en banc, the Seventh Circuit appointed attorney Thomas L. Shriner, Jr. of Foley & Lardner to represent the appellant, who had previously appeared pro se.
Posted at 01:09 PM by Howard Bashman



"[T]he only live issue on appeal is whether the district court erred in rejecting the plaintiffs' assertion that the town's prayer practice had the effect, even if not the purpose, of establishing religion." A unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit, in an opinion by Senior Circuit Judge Guido Calabresi, today reinstated a lawsuit challenging the practice of the Town of Greece, New York, of beginning its Town Board meetings with a short prayer.

As the first paragraph of today's opinion explains, "We hold that, on this record, the district court erred in rejecting the plaintiffs' argument that the prayer practice impermissibly affiliated the town with a single creed, Christianity."
Posted at 12:42 PM by Howard Bashman



"Beware a gay rights backlash: We should look to Congress, not the Supreme Court, to change the laws." Law professor Eric J. Segall had this op-ed yesterday in The Los Angeles Times.
Posted at 12:26 PM by Howard Bashman


"6th Circuit finds victim's sexual history off limits": Terry Baynes of Reuters has this report.

My earlier coverage of yesterday's en banc Sixth Circuit ruling can be accessed here.
Posted at 11:45 AM by Howard Bashman



"Copyright suit against West and Lexis halted": Reuters has a report that begins, "Attorneys who did not register their works cannot sue the legal research providers West and LexisNexis for violating their copyright, a U.S. judge ruled on Wednesday."
Posted at 11:42 AM by Howard Bashman


"Second Opinions: Obamacare isn't the only target of conservative judges." Law professor Jeffrey Rosen has this essay in the May 24, 2012 issue of The New Republic.

My earlier coverage of the concurring opinion that's the focus of Rosen's essay can be accessed here.
Posted at 11:24 AM by Howard Bashman



"Supreme Court Justice Sonia Sotomayor sings New York's praises at NYU commencement; 'The city, it challenges you to do big things,' she tells grads": The New York Daily News has this report.

And NY 1 reports that "NYU Grads Get Supreme Sendoff At Yankee Stadium."

New York University has posted online the video of the complete commencement ceremony at this link.
Posted at 11:10 AM by Howard Bashman



"Supreme Court Justices Take a Musical Break": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 11:06 AM by Howard Bashman


"Goodbye to Gitmo": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 09:25 AM by Howard Bashman


"Court backs Fla. teacher fired in maternity case": The Associated Press has this report.

And at the "School Law" blog of Education Week, Mark Walsh has a post titled "Court Revives Teacher's Pregancy-Bias Suit."

My earlier coverage of yesterday's Eleventh Circuit ruling appears at this link.
Posted at 09:05 AM by Howard Bashman



"Justice Dept. Defends Public's Constitutional 'Right to Record' Cops": Kim Zetter has this post at Wired.com's "Threat Level" blog, reporting on a letter that the Civil Rights Division of the U.S. Department of Justice issued on Monday.
Posted at 08:40 AM by Howard Bashman


"Changing Roles on Secret Appeals Court in Washington": At "The BLT: The Blog of Legal Times," Mike Scarcella has a post that begins, "Judge Morris Arnold of the U.S. Court of Appeals for the Eighth Circuit will take over as the presiding judge of a secret federal appeals court in Washington this week, a court official said."
Posted at 08:36 AM by Howard Bashman


Wednesday, May 16, 2012

"Is Campaign Disclosure Heading Back to the Supreme Court? Don't expect to see Karl Rove's Rolodex just yet." Law professor Richard L. Hasen, author of the "Election Law Blog," has this jurisprudence essay online at Slate.
Posted at 09:01 PM by Howard Bashman


"Teacher fired over pregnancy can sue religious school": Terry Baynes of Reuters has a report that begins, "A U.S. appeals court on Wednesday revived a Florida teacher's lawsuit against the Christian school that fired her after she confessed to conceiving a child before her marriage."

Circuit Judge Ed Carnes wrote today's ruling of the U.S. Court of Appeals for the Eleventh Circuit on behalf of a unanimous three-judge panel.
Posted at 02:56 PM by Howard Bashman



"Unleash the Hounds: Why Justice Souter should publish his secret dissent in Citizens United." Law professor Richard L. Hasen, author of the "Election Law Blog," has this jurisprudence essay online at Slate.
Posted at 02:41 PM by Howard Bashman


Splintered en banc U.S. Court of Appeals for the Sixth Circuit issues habeas decision involving Michigan's Rape Shield Law: You can access today's en banc ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 10:42 AM by Howard Bashman


"Dream Act supporters target filibuster": In today's edition of The Washington Times, Stephen Dinan has an article that begins, "Illegal-immigrant students and some House Democrats sued the Senate this week to try to overturn the upper chamber's filibuster rule, arguing that the 60-vote threshold applied to most major legislation violates the Constitution and is blocking important legislation, such as legalization for illegal immigrants."
Posted at 08:52 AM by Howard Bashman


"Admitted file-swapper begs Supreme Court for help; Says RIAA sought huge damages to create an 'urban legend'": Nate Anderson has this report online at Ars Technica.
Posted at 08:50 AM by Howard Bashman


"Obama implementing same Bush policies on terror he once reviled; Guantanamo trials highlight what he's kept": This article appears today in The Washington Times.
Posted at 08:46 AM by Howard Bashman


"Scalia Turns Advocate Against Obama as Queries Criticized": Greg Stohr of Bloomberg News has this report.
Posted at 08:44 AM by Howard Bashman


"Supreme Court ruling prompts calls for change": Today's edition of The Citizens' Voice of Wilkes-Barre, Pennsylvania contains an article that begins, "A state Supreme Court ruling last month denying tax-exempt status to a religious camp in Pike County is spurring an effort in the Senate to amend the state Constitution."

And earlier this month, The Pittsburgh Post-Gazette reported that "Ruling 'game-changer' for nonprofit tax status."

My most recent earlier coverage of this case can be accessed here.
Posted at 08:42 AM by Howard Bashman



"Gay prosecutor's rejection for judgeship lands Virginia back in spotlight": This article appears today in The Richmond Times-Dispatch.

The Washington Post reports today that "Virginia General Assembly rejects openly gay prosecutor for Richmond judgeship."

And The New York Times reports that "Gay Prosecutor Is Denied Virginia Judgeship Despite Bipartisan Support."
Posted at 08:16 AM by Howard Bashman



Tuesday, May 15, 2012

"Ex-DOJ Official Spars with Agency over Ethics Question": Brent Kendall has this post today at WSJ.com's "Law Blog."
Posted at 10:40 PM by Howard Bashman


"Lives in the Law: Justice John Paul Stevens." Duke Law News has this report.
Posted at 10:36 PM by Howard Bashman


"N.Y. Senate passes bill to make viewing child porn on Internet a crime": Reuters has a report that begins, "The New York State Senate on Tuesday passed legislation to make it a crime to view child pornography on the Internet, as lawmakers rushed to close a loophole opened by a state appeals court just a week earlier."
Posted at 10:32 PM by Howard Bashman


"Wells Fargo Seeks Reversal of $203 Million Overdraft Damages": Bloomberg News has this report.
Posted at 10:30 PM by Howard Bashman


Monday, May 14, 2012

Programming note: On Tuesday, I will be arguing an appeal before a three-judge panel of the Superior Court of Pennsylvania. Additional posts will appear here on Tuesday afternoon.
Posted at 10:09 PM by Howard Bashman


"A Ticket, 3 Taser Jolts and, Perhaps, a Trip to the Supreme Court": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 10:08 PM by Howard Bashman


"Influential judge has cramped view of First Amendment": Online at the First Amendment Center, Douglas E. Lee has an essay that begins, "Those fond of the First Amendment should be glad that Richard Posner isn't in charge of interpreting it."
Posted at 02:33 PM by Howard Bashman


Now that's an expensive postage stamp, part two: How much will the U.S. Postal Service need to pay to the artist who made the soldier sculptures located at the Korean War Veterans Memorial in Washington, DC for depicting the sculptures in a postage stamp? Today the U.S. Court of Appeals for the Federal Circuit issued this ruling instructing the U.S. Court of Federal Claims to revisit that issue.

The Federal Circuit's earlier ruling in this case issued in February 2010. My coverage of that ruling can be accessed here.

In coverage of today's ruling, Bloomberg News reports that "Korean Memorial Sculptor Should Be Paid More, Court Says."

Update: In other coverage, Terry Baynes of Reuters has an article headlined "Sculptor can recover copyright royalties from USPS -- Fed Cir."
Posted at 01:26 PM by Howard Bashman



"Apple Wins Review of Tablet Patent in Samsung Dispute": Bloomberg News has this report.

And Reuters reports that "Court revives Apple claim on Samsung tablets."

You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit at this link.
Posted at 01:02 PM by Howard Bashman



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

Justice Sonia Sotomayor delivered the opinion of the Court in Hall v. United States, No. 10-875. Justice Stephen G. Breyer issued a dissenting opinion, in which Justices Anthony M. Kennedy, Ruth Bader Ginsburg, and Elena Kagan joined. You can access the oral argument via this link.

Update: In early news coverage, The Associated Press has reports headlined "Court says farmers must pay bankruptcy tax"; "Court won't hear appeals from Bulger victim family"; "Court turns away PR congressional vote lawsuit"; "High court nixes appeals over shipwreck treasure"; and "Court won't consider giving man new trial."
Posted at 10:07 AM by Howard Bashman



"Four ways to improve Michigan Supreme Court elections": In yesterday's edition of The Detroit Free Press, Michigan Supreme Court Justice Marilyn Kelly and Senior Sixth Circuit Judge James L. Ryan had this essay.
Posted at 07:20 AM by Howard Bashman


"Sen. Lee, son of top Reagan official, learned early lessons from Harry Reid": The Hill has this profile of U.S. Senator Mike Lee (R-UT).
Posted at 07:14 AM by Howard Bashman


"Money Unlimited: The Chief Justice and Citizens United." Jeffrey Toobin has this "Annals of Law" article in the May 21, 2012 issue of The New Yorker.
Posted at 07:12 AM by Howard Bashman


Sunday, May 13, 2012

"Supreme Court challengers say court is too pro-business": In Monday's edition of The Austin American-Statesman, Chuck Lindell will have an article that begins, "Three members of the all-Republican Texas Supreme Court face re-election this year, but two will have to survive primary opponents who accuse the court of becoming too pro-business."
Posted at 09:42 PM by Howard Bashman


"LCD Case Takes a New Twist; Ethics Battle Erupts Over Lawyer Chosen by Executive Convicted of Price Fixing": In Monday's edition of The Wall Street Journal, Brent Kendall will have an article that begins, "In an unusual showdown over government ethics, the Justice Department is challenging former acting Solicitor General Neal Katyal over his bid to represent an electronics executive convicted of price fixing."

You can freely access the full text of the article via Google News.
Posted at 09:38 PM by Howard Bashman



"Obama Pitches Equal Pay to Win Women Even as Charges Drop": Bloomberg News has a report that begins, "Some days, it may seem that President Barack Obama's running mate is Lilly Ledbetter."
Posted at 09:33 PM by Howard Bashman


"Top judge: ditching software patents a 'bad solution'; Former Federal Circuit Judge Paul Michel sees no 'magic bullets' for patent reform." Timothy B. Lee has this post today at the "Ars Technica" blog.
Posted at 09:25 PM by Howard Bashman


"Back home in Toronto, Conrad Black plans to keep low profile": This article will appear Monday in The Toronto Globe and Mail.
Posted at 09:20 PM by Howard Bashman


"Employment lawyer fights regulations": Monday's edition of The Washington Post will contain an article that begins, "Eugene Scalia is a well-known name in Washington -- his father is U.S. Supreme Court Justice Antonin Scalia. The younger Scalia is a partner at Gibson Dunn & Crutcher who has carved out a niche representing business groups against regulatory agencies over corporate rules they consider unnecessary."
Posted at 09:14 PM by Howard Bashman


"Gay-Marriage Cases Pose Legal Tests for Administration": Jess Bravin will have this article Monday in The Wall Street Journal.
Posted at 09:12 PM by Howard Bashman


"Justice says he'll defend same-sex marriage vote in campaign; 'I'm not going to let them bully me,' says David Wiggins, who joined 2009 same-sex marriage ruling": Today's edition of The Des Moines Register contains an article that begins, "Iowa Supreme Court Justice David Wiggins vows he won't stand quietly by if opponents of same-sex marriage launch a potent campaign to oust him from the bench."
Posted at 10:14 AM by Howard Bashman


"Louis H. Pollak, Civil Rights Advocate and Federal Judge, Dies at 89": This obituary appears today in The New York Times.
Posted at 10:12 AM by Howard Bashman


"Under the U.S. Supreme Court: 2012 election drowning in secret money." Michael Kirkland of UPI has this report.
Posted at 08:45 AM by Howard Bashman


Saturday, May 12, 2012

"Chafee, R.I. inmate ask appeals court to delay order": The Associated Press has a report that begins, "Governor Lincoln Chafee and defense attorneys asked an appeals court in Boston Friday to delay issuing an order in a tug-of-war over a Rhode Island inmate facing a possible death-penalty prosecution so that the Supreme Court can decide whether to review the case."

And yesterday, The Providence Journal had news updates headlined "RI Gov. Chafee asks appeals court not to act in Pleau case, to allow Supreme Court appeal" and "Federal prosecutors urge appeals court to move ahead with Pleau case." The newspaper has posted online the motion for stay of mandate and the federal government's answer in opposition.
Posted at 01:44 PM by Howard Bashman



"Healthcare case capped a rough year for solicitor general; Arguing for the Obama administration, Donald Verrilli Jr. took on his highest-stakes case yet in the Supreme Court, and seemed repeatedly caught off guard": David G. Savage has this article today in The Los Angeles Times.
Posted at 01:20 PM by Howard Bashman


"Bill aimed at stopping sharia law passes Senate": Today's edition of The Topeka Capital-Journal contains an article that begins, "The Senate passed a bill dubbed 'American law for American courts' Friday that would prevent any court in the state from making a ruling based on foreign or religious laws that run counter to the U.S. or Kansas Constitutions."

The Wichita Eagle reports today that "Senate OKs bill to ban foreign laws."

And The Associated Press reports that "Kansas lawmakers pass anti-Islamic law measure."
Posted at 01:03 PM by Howard Bashman



Friday, May 11, 2012

"Supreme Court votes not to reappoint chairman in Prosser discipline case": The Wisconsin State Journal has this news update.

The Milwaukee Journal Sentinel has a news update headlined "Three justices miffed over Judicial Commission appointment."

And Bloomberg News reports that "Wisconsin Top Court Fires Judicial Oversight Panel Chief."
Posted at 11:47 PM by Howard Bashman



"Appeals court revives Iraq contractor torture cases": Terry Baynes of Reuters has this report.

The Associated Press reports that "Va. appeals court revives Abu Ghraib lawsuits."

And at "SCOTUSblog," Lyle Denniston has a post titled "Setback for Abu Ghraib contractors."

My earlier coverage of today's en banc Fourth Circuit ruling appears at this link.
Posted at 08:25 PM by Howard Bashman



"Gay marriage moves closer to Supreme Court": David Ingram of Reuters has this report.
Posted at 08:20 PM by Howard Bashman


"Attorneys argue for no-fly lawsuit to be reinstated in U.S. District Court in Portland": The Oregonian has this news update.

And The Associated Press reports that "Federal appeals court in Ore. takes up no-fly case." The AP's report, in its current uncorrected form, refers to "9th Circuit Court of Appeals Chief Judge Alex Kozinsky." See also The AP reporter's tweet about his article.
Posted at 06:10 PM by Howard Bashman



"Victim can be compelled to testify": The Lincoln Journal Star has a news update that begins, "The Nebraska Supreme Court has affirmed a Lincoln judge's order, finding an alleged sexual assault victim in contempt for refusing to testify."

And The Associated Press has a report headlined "Nebraska court: Woman must testify in rape case."

You can access today's ruling of the Supreme Court of Nebraska at this link.
Posted at 03:32 PM by Howard Bashman



Seventh Circuit Chief Judge Frank H. Easterbrook issues opinion examining a provision of the Telephone Consumer Protection Act that curtails the use of automated dialers and prerecorded messages to cell phones: You can access Chief Judge Easterbrook's quite interesting opinion, on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, at this link.
Posted at 03:10 PM by Howard Bashman


"Louis Pollak, a 'Powerful Heart'": Lincoln Caplan has this essay today in The New York Times.
Posted at 01:45 PM by Howard Bashman


"En Banc Fourth Circuit Dismisses Contractors' Appeals in Abu Ghraib Torture Suit": Steve Vladeck has this post at the "Lawfare" blog about an en banc ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 01:33 PM by Howard Bashman


"Federal Judge Richard Posner takes on science and law; Technical advances outpace, outsmart many in court, he says": In today's edition of The Chicago Tribune, Ameet Sachdev's "Chicago Law" column begins, "Richard Posner, a distinguished federal judge in Chicago, paints an unsettling picture of how judges deal with the intersection of science and the law, an increasingly busy and complex juncture."
Posted at 12:58 PM by Howard Bashman


"Court won't order Google-NSA interactions released": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 11:36 AM by Howard Bashman


"Chemical Weapons Act Upheld by 3rd Circuit on Remand From High Court": In today's edition of The Legal Intelligencer -- Philadelphia's daily newspaper for lawyers -- Saranac Hale Spencer has this article, in which I am quoted.
Posted at 11:30 AM by Howard Bashman


"Federal appeals court in Ore. takes up no-fly case": The Associated Press has a report that begins, "A federal appeals court in Oregon will hear arguments in a lawsuit filed by 15 men who say their rights were violated because they are on the U.S. government's no-fly list."

In 2010, The Oregonian reported on the case in an article headlined "Lawsuit filed in Portland is first national challenge to government's no-fly list."
Posted at 11:18 AM by Howard Bashman



Thursday, May 10, 2012

"Obama on gay marriage: The fine print." Lyle Denniston has this post at "SCOTUSblog."
Posted at 10:48 PM by Howard Bashman


"Howard Bashman's 'How Appealing' Turns 10": Nicholas J. Wagoner has this post today at the "Circuit Splits" blog.
Posted at 10:44 PM by Howard Bashman


"Three states, one drug, and a Supreme Court ruling": At Alison Frankel's "On the Case" from Thomson Reuters News & Insight, Nate Raymond has a report that begins, "In the 11 months since the U.S. Supreme Court limited consumers' ability to sue generic drug companies for personal injuries in Pliva v. Mensing, the acid reflux drug Reglan has been front and center as lower courts interpret the decision."
Posted at 05:02 PM by Howard Bashman


"New York Kosher Label Act Is Constitutional, Court Says": Bloomberg News has a report that begins, "A New York law regulating the marketing and labeling of kosher food doesn't violate the U.S. Constitution, a federal appeals court ruled, rejecting a First Amendment challenge."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 04:51 PM by Howard Bashman



"Ben-Gal case can proceed; Appeals court rules on website lawsuit": Today's edition of The Cincinnati Enquirer contains an article that begins, "The 6th U.S. Circuit Court of Appeals on Wednesday ruled that 2011 Cincinnati Ben-Gals cheerleader Sarah Jones can proceed with her defamation lawsuit against the online gossip website TheDirty.com."
Posted at 02:17 PM by Howard Bashman


Programming note: In connection with an appeal that I'm scheduled to argue on Tuesday of next week, I will be meeting with co-counsel this morning for an oral argument prep session. Additional posts will appear here this afternoon.
Posted at 08:30 AM by Howard Bashman


"Facebook bullying case heads to Supreme Court": The Canadian Press has a report that begins, "Canada's top court is scheduled to hear a case today involving a teenage Nova Scotia girl who was allegedly defamed on a bogus Facebook page."

Postmedia News reports that "Supreme Court to hear Facebook cyberbullying case."

And The Vancouver Sun reports that "Vancouver lawyer acts as 'friend of court' in first Facebook privacy case."

The Supreme Court of Canada's web site offers a summary of the case and provides access to the redacted brief for appellant.
Posted at 08:27 AM by Howard Bashman



"Plaistow woman's lawsuit could end up before Supreme Court": Today's edition of The Manchester (N.H.) Union Leader contains an article that begins, "A lawsuit that netted a Plaistow woman the largest jury award in state history could potentially be argued in front of the U.S. Supreme Court, according to her attorney and a legal expert. The U.S. Court of Appeals for the First Circuit recently affirmed a trial court ruling that awarded Karen Bartlett of Plaistow more than $21 million in damages after an anti-inflammatory drug left her with extreme burns and permanent near-blindness."

My earlier coverage of last Wednesday's First Circuit ruling appears here and here.
Posted at 08:21 AM by Howard Bashman



"Did a Michigan Supreme Court Justice play a shell game to get out from her underwater home?" WXYZ-TV's Action News in Detroit has this investigative report.
Posted at 08:17 AM by Howard Bashman


"Oregon veteran seeks Supreme Court review of divorce court allocation of his disability pay": Today's edition of The Oregonian contains an article that begins, "It's an argument that has raged in some veterans' circles for years: Do family courts have the right to consider income from veterans' benefits when calculating spousal or child support? A disabled Air Force reservist from Albany is seeking to bring the question before the U.S. Supreme Court -- again."
Posted at 08:15 AM by Howard Bashman


"Galveston beach homeowners prepare to exert rights; Battle may be looming after high court ruling": Harvey Rice has this article today in The Houston Chronicle.
Posted at 08:14 AM by Howard Bashman


Wednesday, May 9, 2012

"Fla. Supreme Court hears class action argument": The Associated Press has a report that begins, "A pay day loan company's lawyer argued Wednesday that the Florida Supreme Court must uphold a contract provision prohibiting customers from banding together in class action arbitration cases against the firm because of a 2011 U.S. Supreme Court decision."
Posted at 08:50 PM by Howard Bashman


"Google Says Supreme Court Law Rubbishes Android Verdict": The "Wired Enterprise" blog has a post that begins, "Google has officially filed for a mistrial in its legal battle with Oracle over the Android mobile operating system, arguing that under settled Supreme Court law, the partial verdict returned by a jury on Monday cannot stand."
Posted at 08:42 PM by Howard Bashman


"Louis Pollak, federal judge, dies at 89": The Philadelphia Inquirer has this news update.

And The Philadelphia Daily News has an update headlined "U.S. District Judge Lewis H. Pollack dies at 89."
Posted at 08:40 PM by Howard Bashman



"Supreme Court decision on religion upends campus religious groups": Religion News Service has this report.
Posted at 08:15 PM by Howard Bashman


"R.I. Gov. Chafee to appeal Pleau case to U.S. Supreme Court": The Providence Journal has a news update that begins, "Citing Rhode Island's longstanding ban on the death penalty, Governor Chafee announced Wednesday the state will appeal a decision demanding its surrender of a murder suspect to federal custody to the U.S. Supreme Court."

My earlier coverage of Monday's en banc First Circuit ruling appears here and here.
Posted at 08:12 PM by Howard Bashman



David Kravets of Wired.com's "Threat Level" blog is reporting: He has posts titled "Illinois Barred From Enforcing Police Eavesdropping Law" (my earlier coverage appears here) and "New York High Court OKs Child-Porn Web Surfing" (my earlier coverage appears here).
Posted at 06:12 PM by Howard Bashman


"For Bashman, influential blog and appellate work still appealing": Tony Mauro of The National Law Journal has this report (free registration required).

For those who cannot access the complete article using the link provided above, you can view the text of the article by clicking here.
Posted at 05:55 PM by Howard Bashman



"Report: Appeals court chokes off Gitmo reviews." Mark Sherman of The Associated Press has an article that begins, "A new report finds that the federal appeals court in Washington has effectively blunted a 2008 Supreme Court decision giving detainees at the Guantanamo Bay naval brig the right to contest their ongoing confinement."

And at "SCOTUSblog," Lyle Denniston has a post titled "Documenting detainees' legal woes."
Posted at 04:55 PM by Howard Bashman



"Pollak, Federal Judge Who Became Key Third Circuit Voice, Dies at 89": The Legal Intelligencer has this news update (registration required).
Posted at 01:46 PM by Howard Bashman


"Judicial independence: The new threat from within." At MinnPost.com, Judge Steve Leben and Judge Kevin S. Burke have an essay that begins, "In election years, judges frequently come under attack for a specific decision. And since judges generally can't comment publicly about pending cases beyond what was said in the decision itself, judges can be an easy target."
Posted at 01:20 PM by Howard Bashman


"Client dies in prison, but lawyer still seeks to prove innocence; Attorney asks the California Supreme Court to decide the case of Dennis Lawley, who was convicted and sentenced to death in a 1989 murder for hire; The bid for freedom was filed in 2008 and had languished": Maura Dolan has this article today in The Los Angeles Times.
Posted at 01:17 PM by Howard Bashman


"Fla. Court To Rule: Can A Lawyer Be Undocumented?" This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 01:14 PM by Howard Bashman


"Wellington man's deportation hinges on Fla. Supreme Court ruling": The Palm Beach Post contains this article today.

And The Associated Press reports that "Florida Supreme Court hears 3 immigration cases."
Posted at 01:07 PM by Howard Bashman



"Supreme Court to rule on random alcohol testing": This article appears today in The Toronto Globe and Mail.
Posted at 01:03 PM by Howard Bashman


"Health Law Repeal to Cost Seniors $20,000, Fidelity Says": Bloomberg News has a report that begins, "Retirees may pay about $20,000 more for medical care if the U.S. Supreme Court overturns the 2010 health care overhaul, Fidelity Investments said."
Posted at 12:57 PM by Howard Bashman


"Appeals court grants wax seal to Maker's Mark": The Associated Press has this early report on an interesting ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.

Kentucky's own Boyce F. Martin, Jr. wrote the opinion, which bourbon aficionados will enjoy reading.
Posted at 11:15 AM by Howard Bashman



"New judge vacancy could further strain Atlanta courts": It appears that adding a second Judge Pryor to the U.S. Court of Appeals for the Eleventh Circuit may not be much easier than adding the first, according to an article that Bill Rankin and Daniel Malloy have in today's edition of The Atlanta Journal-Constitution.
Posted at 10:22 AM by Howard Bashman


Tuesday, May 8, 2012

"Will Court confess error on immigrants' rights?" Lyle Denniston has this post today at "SCOTUSblog."
Posted at 07:46 PM by Howard Bashman


"James R. Browning dies at 93; led 9th Circuit Court of Appeals; James R. Browning, appointed by President Kennedy, was a force on the federal appeals court for more than half a century, including 12 years as chief judge; His powers of persuasion helped defeat an effort in Congress to split up the 9th Circuit": Carol J. Williams will have this article Wednesday in The Los Angeles Times.
Posted at 06:15 PM by Howard Bashman


"Nation's longest-serving appeals judge dies in CA": The Associated Press has this report.
Posted at 05:13 PM by Howard Bashman


"Viewing child pornography is not necessarily possession - NY top court": Reuters has a report that begins, "Viewing child pornography on the Internet without taking further action such as printing or saving files does not necessarily constitute possession, New York's top court ruled on Tuesday."

You can access today's ruling of the New York State Court of Appeals at this link.
Posted at 05:11 PM by Howard Bashman



"Health Care Case In Fantasy Court: What Would Honored Justices Say?" Mike Sacks of The Huffington Post has this report.
Posted at 03:26 PM by Howard Bashman


"The question here is whether the First Amendment prevents Illinois prosecutors from enforcing the eavesdropping statute against people who openly record police officers performing their official duties in public." The majority on a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit reversed the dismissal of a lawsuit challenging the eavesdropping statute and directed the entry of a preliminary injunction blocking enforcement of the eavesdropping statute as applied to audio recording of the sort at issue in the case in a ruling issued today.

Circuit Judge Diane S. Sykes wrote the majority opinion, in which Circuit Judge David F. Hamilton joined. Circuit Judge Richard A. Posner (non-kidney edition) issued a dissenting opinion.

Update: In early coverage, The Chicago Tribune has a news update headlined "Federal appeals court bans enforcement of Illinois eavesdropping law."

The Milwaukee Journal Sentinel has a blog post titled "Federal appeals court blocks Illinois law against recording police doing their jobs."

At "The Volokh Conspiracy," Eugene Volokh has a post titled "Seventh Circuit: Ban on Audio Recording of Police Officers Likely Unconstitutional."

And the ACLU of Illinois has issued a news release headlined "Victory for First Amendment Right to Audio Record Police."
Posted at 11:52 AM by Howard Bashman



"NH Supreme Court offers compromise on rule-making constitutional amendment plan": Last Friday's edition of The Manchester (N.H.) Union Leader contained an article that begins, "Faced with the possibility of losing the exclusive rule-making authority it has had for three decades, the state Supreme Court on Wednesday offered a compromise plan that would give lawmakers 'concurrent' power to regulate court administrative and procedural matters by statute."
Posted at 09:37 AM by Howard Bashman


"Three candidates vie for open Oregon Supreme Court position": The Oregonian contains this article today.
Posted at 09:32 AM by Howard Bashman


"Ex-justices defend decision at ceremony; The three get the Profile in Courage award for the gay marriage ruling": This article appears today in The Des Moines Register.

And The Associated Press has an article headlined "JFK awards for ousted Iowa justices, US diplomat."
Posted at 08:34 AM by Howard Bashman



"New Indiana Supreme Court Justice Mark Massa dons robes of office; 'This is where he belongs,' former prosecutor says of Mark Massa after Supreme Court ceremony": The Indianapolis Star contains this article today.
Posted at 08:32 AM by Howard Bashman


"Louisiana Supreme Court returns to Cabildo to celebrate bicentennial": This article appears today in The Times-Picayune of New Orleans.
Posted at 08:30 AM by Howard Bashman


"Judge who led the Ninth circuit in expansive time dies": In today's edition of The San Francisco Chronicle, Bob Egelko has an article that begins, "James Browning, who was chief judge of the Ninth U.S. Circuit Court of Appeals during the years of its greatest expansion, and whose name now adorns its San Francisco courthouse, died Saturday at age 93."

And late yesterday, the Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued a news release headlined "Ninth Circuit Mourns Loss of Legendary Chief Judge Emeritus James R. Browning."
Posted at 08:20 AM by Howard Bashman



"Jacqueline H. Nguyen of L.A. confirmed to U.S. 9th Circuit Court; She becomes the first Asian American woman to sit on a federal appellate court": This article appears today in The Los Angeles Times.

And in today's edition of The San Francisco Chronicle, Bob Egelko reports that "Jacqueline Nguyen confirmed for 9th Circuit court."
Posted at 08:16 AM by Howard Bashman



"R.I. murder suspect to be tried in federal court": Today's edition of The Boston Globe contains an article that begins, "An appeals court ruled Monday that a man being held in Rhode Island on a murder charge is to face federal charges, and a possible death sentence, despite efforts by Rhode Island's governor to keep the case under state jurisdiction, according to court documents."

My earlier coverage of yesterday's en banc First Circuit ruling appears in the post immediately below.
Posted at 08:03 AM by Howard Bashman



Monday, May 7, 2012

"Appeals court rules RI must surrender murder suspect who could face death penalty": The Providence Journal has this news update reporting on an en banc ruling that the U.S. Court of Appeals for the First Circuit issued today. The en banc court ruled in favor of the federal government, which seeks to prosecute the defendant on charges that could bring the death penalty, by a vote of 3-to-2.

And The Associated Press reports that "Federal appeals court rules against RI inmate."

My earlier coverage of the original three-judge panel's divided ruling in the case can be accessed here.
Posted at 10:15 PM by Howard Bashman



"Senate confirms last three of 14 judicial nominees": The Hill has a blog post that begins, "The Senate confirmed three of President Obama's judicial nominees, completing a deal made the chamber's leadership to confirm 14 nominees in two months."

And the Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has issued a news release headlined "Senate Confirms Judge Jacqueline H. Nguyen to Ninth Circuit Court of Appeals."

You can access the U.S. Senate's official roll call vote tally at this link.
Posted at 09:03 PM by Howard Bashman



"After Supreme Court Declines To Hear Case, Harmons Now Considering Selling Townhouse": The New York Observer has this report.
Posted at 08:44 PM by Howard Bashman


"Ousted Iowa justices honored by Kennedy presidential library for their 'Profiles in Courage'": The Des Moines Register has this blog post.
Posted at 08:42 PM by Howard Bashman


"Company asks court to reinstate $459 million judgment": Bill Rankin of The Atlanta Journal-Constitution has this news update.

And The Associated Press reports that "Georgia Supreme Court reviews $459 million judgment against firm that sent junk faxes."
Posted at 08:40 PM by Howard Bashman



Thanks to the members of the SCOTUS press corps for the signed photograph commemorating the 10th anniversary of the "How Appealing" blog: As I noted in this post, yesterday marked this blog's tenth birthday.

Today's mail contained something amazing to mark the event. And thanks so very much to all of the other readers who have written or called to offer their congratulations.
Posted at 08:20 PM by Howard Bashman



"No Accountability for Torture": Law professor David Cole has this post today at the blog of The New York Review of Books.
Posted at 06:20 PM by Howard Bashman


"9th Circuit's James Browning Dies": At her "Trial Insider" blog, Pamela A. MacLean has a post that begins, "Judge James R. Browning, often considered the face of the nation's largest federal appellate court died on Saturday, the court confirmed. He was 93."
Posted at 05:42 PM by Howard Bashman


"Lawyers in D.C. to Lobby White House, Hill on Judicial Vacancies": Todd Ruger has this post at "The BLT: The Blog of Legal Times."
Posted at 02:24 PM by Howard Bashman


"Solicitor General Verrilli to Speak at Iowa Law School Graduation": "On Brief: Iowa's Appellate Blog" has this post.
Posted at 02:22 PM by Howard Bashman


"Fed court reverses order for VA system overhaul": The Associated Press has a report that begins, "A federal appeals court reversed its demand that the Veterans Affairs Department dramatically overhaul its mental health care system."

You can access today's ruling of an 11-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 02:16 PM by Howard Bashman



"Vacant court benches draw strategy session; Fingers pointed at Obama, GOP": This article appears today in The Washington Times.

And at Politico.com, Andrew Blotky has an essay entitled "Progressives must take back courts."
Posted at 10:30 AM by Howard Bashman



"Justice Breyer Unable To Look At Anything Without Deliberating Constitutionality Of It": The Onion has this newsbrief.
Posted at 10:18 AM by Howard Bashman


Sunday, May 6, 2012

"9/11 defense attorneys call Guantanamo detention, trial rules 'unjust'; Long list of complaints, frustrations is aired the morning after Saturday's 13-hour hearing; Chief prosecutor says circumstances of torture don't mitigate central issue of holding those who planned attacks accountable": Carol Rosenberg of The Miami Herald has this news update.
Posted at 08:50 PM by Howard Bashman


"Stun gun cases could electrify the Supreme Court": Michael Doyle of McClatchy Newspapers has this report.
Posted at 08:27 PM by Howard Bashman


"Maryland, Virginia and the court that divides them": Robert Barnes will have this article Monday in The Washington Post.
Posted at 08:24 PM by Howard Bashman


"Are Oral Arguments Worth Arguing About?" In the Sunday Review section of today's edition of The New York Times, Adam Liptak has a news analysis that begins, "Supreme Court advocacy is not usually a spectator sport, so it may have surprised Solicitor General Donald B. Verrilli Jr. when the reviews of his defense of President Obama's health care law started to roll in."
Posted at 08:20 PM by Howard Bashman


"Long fight predicted in Guantanamo Sept. 11 case": The Associated Press has a report that begins, "The U.S. has finally started the prosecution of five Guantanamo Bay prisoners charged in the Sept. 11 attacks that killed nearly 3,000 people, but the trial won't be starting anytime soon, and both sides said Sunday that the case could continue for years."
Posted at 08:12 PM by Howard Bashman


"Under the U.S. Supreme Court: Opening the gate to criminal alien appeals." Michael Kirkland of UPI has this report.
Posted at 10:08 AM by Howard Bashman


"How Appealing" blog turns 10 years old today: On May 6, 2002, this blog came into existence. Thanks to this blog's many readers for helping me reach this noteworthy anniversary!

Update: At "The Volokh Conspiracy," Eugene Volokh offers congratulations.

At "SCOTUSblog," Tom Goldstein has a post titled "Happy 10th."

Edward Adams of Bloomberg Law has this tweet.

At his "Election Law Blog," Rick Hasen has a post titled "Congratulations to Howard Bashman."

And some additional tweets of note can be accessed here, here, and here.
Posted at 10:00 AM by Howard Bashman



Saturday, May 5, 2012

"Benefits of Oregon's constitution: the naked truth." Columnist David Sarasohn will have this essay Sunday in The Oregonian.

And in Monday's edition of The National Law Journal, Erwin Chemerinsky will have an essay entitled "The Court and the Fourth Amendment: The Justices tend to find a violation if they can imagine the search applying to them personally."
Posted at 11:48 PM by Howard Bashman



"Will Texas Supreme Court race hinge on the name Smith or Willett?" Columnist Linda P. Campbell had this essay earlier this week in The Fort Worth Star-Telegram.
Posted at 11:46 PM by Howard Bashman


"Legal fight over deportation warnings heating up in South Florida; The Florida Supreme Court this week will hear argument for defendants who say their lawyers did not warn them of the risk of taking a plea deal": This article will appear Sunday in The Miami Herald.
Posted at 11:44 PM by Howard Bashman


"Supremely partisan: Election-changing judicial activism has no place in the nation's highest court." Neal Gabler will have this op-ed Sunday in The Boston Globe.
Posted at 11:42 PM by Howard Bashman


"Heartland Justice": In Sunday's edition of The New York Times, columnist Frank Bruni will have this op-ed about former Iowa Supreme Court Chief Justice Marsha Ternus.
Posted at 11:36 PM by Howard Bashman


Friday, May 4, 2012

"Correct the Record, Rights Groups Say After DoJ Admits Mistake": Jess Bravin has this post at WSJ.com's "Law Blog."
Posted at 06:30 PM by Howard Bashman


"Court lifts stay; Planned Parenthood back in state health program": Chuck Lindell of The Austin American-Statesman has a blog post that begins, "The 5th U.S. Circuit Court of Appeals today lifted its emergency stay in the legal battle over the Women's Health Program, meaning that once again Texas is banned from excluding Planned Parenthood from the initiative."

And The Associated Press has a report headlined "Judge: Texas can't cut funds to Planned Parenthood."

You can access today's per curiam order of a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 06:17 PM by Howard Bashman



"Sept. 11 Suspects Face Hearing at Guantanamo": Jess Bravin will have this article Saturday in The Wall Street Journal.

Carol Rosenberg of The Miami Herald has a news update headlined "Accused 9/11 conspirators don't want to plea, lawyer says; Saturday's arraignment of the accused 9/11 conspirators means the process to hold a trial has restarted; Decisions the defendants make can alter the timeline."

Charlie Savage of The New York Times has a news update headlined "Trying to Prove 9/11 Case, and a Tribunal's Fairness."

The Washington Post has a news update headlined "Khalid Sheik Mohammed, 4 others expected to be arraigned at Guantanamo."

And The Los Angeles Times has a news update headlined "Accused 9/11 plotters to appear in Guantanamo Bay court."
Posted at 06:00 PM by Howard Bashman



"Ex-media mogul Conrad Black back in Canada": The Associated Press has this report.

The National Post reports that "Conrad Black returns to Toronto after serving jail time in U.S."

And The Toronto Globe and Mail has a news update headlined "Conrad Black arrives in Toronto after release from prison."
Posted at 04:36 PM by Howard Bashman



"HLS celebrates Justice John Paul Stevens' 35 years of service on the Supreme Court": Harvard Law School posted this news release online yesterday.
Posted at 04:32 PM by Howard Bashman


"Verrilli talks executive powers": This article appears today in The Dartmouth.
Posted at 03:42 PM by Howard Bashman


"1st Circuit affirms $21 mln award in generic drug suit": Terry Baynes of Reuters has a report that begins, "Generic drug manufacturers cannot use federal law to fend off personal injury suits that allege flaws in a drug's design, a federal appeals court has ruled."

My earlier coverage of Wednesday's First Circuit ruling appears at this link.
Posted at 03:38 PM by Howard Bashman



"Conrad Black Released From Prison to Immigration Agency": Bloomberg News has this report.
Posted at 02:18 PM by Howard Bashman


"Barry Bonds' case reaches federal appeals court": In today's edition of The San Francisco Chronicle, Bob Egelko has an article that begins, "Barry Bonds' lawyers asked a federal appeals court Thursday to overturn his obstruction-of-justice conviction, saying he was the target of overzealous prosecutors who tarred his reputation but never proved that he lied under oath about steroids."

In today's edition of The San Jose Mercury News, Howard Mintz reports that "Barry Bonds urges appeals court to overturn obstruction of justice conviction."

The Associated Press reports that "Bonds files appeal to erase felony conviction."

And Scott Graham of The Recorder has an article headlined "Bonds' Opening Brief: 'Rambling Under Oath' Not a Crime."

The web site of the U.S. Court of Appeals for the Ninth Circuit provides free access to the Brief for Appellant in United States v. Barry Bonds, No. 11-10669, at this link.
Posted at 02:12 PM by Howard Bashman



Thursday, May 3, 2012

"Chemical weapons law applies to jealous wife -- 3rd Cir": Terry Baynes of Reuters has this report on today's ruling of the U.S. Court of Appeals for the Third Circuit in United States v. Bond, on remand from the U.S. Supreme Court. The Third Circuit's decision consists of a majority opinion and two concurring opinions. Paul D. Clement argued the case on remand before the Third Circuit on November 16, 2011. You can access the oral argument audio here (part one) and here (part two).

In related news coverage, last month The Wall Street Journal published an article headlined "Terror Law's Long Reach Challenged; Latest Front in Campaign Against Federalization of Crime Is a Statute Enacted as Part of a Chemical-Weapons Treaty." You can freely access the full text of this article via Google News.
Posted at 10:14 PM by Howard Bashman



"Judge Wilkinson Hints that Overturning Obamacare Would Be a Mistake": Jess Bravin has this post at WSJ.com's "Law Blog."
Posted at 04:40 PM by Howard Bashman


"The Lower Floor": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 03:36 PM by Howard Bashman


"Medicare disruptions seen if health law is struck": The Associated Press has a report that begins, "Medicare's payment system, the unseen but vital network that handles 100 million monthly claims, could freeze up if President Barack Obama's health care law is summarily overturned, the administration has quietly informed the courts."
Posted at 02:20 PM by Howard Bashman


"Dick Posner" and the donated kidney: ABC News has this report.
Posted at 01:27 PM by Howard Bashman


"Turkish Group Appeals Court Ruling over 'Unreliable Websites'": In August 2011, The Armenian Weekly published an article that begins, "The Turkish Coalition of America (TCA) has appealed a Federal Court's March 30 decision to dismiss a lawsuit brought forth by the TCA against the University of Minnesota for having included the TCA's website on a list of 'unreliable websites' due to the latter's denial of the Armenian Genocide." The newspaper's earlier coverage of the lawsuit can be accessed here, here, and here.

Today. a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit issued a decision upholding the trial court's dismissal of the case.
Posted at 12:46 PM by Howard Bashman



Wednesday, May 2, 2012

First Circuit affirms $26 million personal injury award in generic prescription drug design defect case involving the generic NSAID sulindac, which caused the plaintiff to develop a condition known as SJS/TEN: You can access today's ruling of the U.S. Court of Appeals for the First Circuit at this link.

Among other things, the three-judge panel unanimously held that federal law does not preempt a state law design defect claim against the manufacturer of a generic prescription drug and that under New Hampshire law a safer alternate design is not an element of a design defect claim where the plaintiff establishes that the product is unreasonably dangerous.
Posted at 10:58 PM by Howard Bashman



"Court: Former Bush official cannot be sued over 'enemy combatant' memos." Bill Mears of CNN.com has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "John Yoo granted legal immunity."

My earlier coverage of today's Ninth Circuit ruling can be accessed here.

Update: In other coverage, Warren Richey of The Christian Science Monitor has an article headlined "'Torture memos' author can't be sued for harsh interrogations, court rules; Jose Padilla, who claims he was tortured while being detained on allegations of terror-related activity, was suing John Yoo, the Bush aide whose memos set out broadly permissive standards for inflicting physical and mental harm during interrogations."
Posted at 05:38 PM by Howard Bashman



"Supreme Court building repair about to begin": The Associated Press has this report. A related news release that the Public Information Office of the U.S. Supreme Court issued today can be accessed here.
Posted at 05:16 PM by Howard Bashman


"Court weighs NRC role in scuttling Yucca project": Lawrence Hurley of Greenwire has this report.
Posted at 03:11 PM by Howard Bashman


"Appeals court hears arguments over Yucca Mountain": The Associated Press has this report.
Posted at 01:30 PM by Howard Bashman


Ninth Circuit issues ruling in Jose Padilla v. John Yoo: You can access today's unanimous ruling by a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

The opinion's opening paragraph summarizes the background and today's holding as follows:

After the September 11, 2011 attacks on the United States, the government detained Jose Padilla, an American citizen, as an enemy combatant. Padilla alleges that he was held incommunicado in military detention, subjected to coercive interrogation techniques and detained under harsh conditions of confinement, all in violation of his constitutional and statutory rights. In this lawsuit, plaintiffs Padilla and his mother, Estela Lebron, seek to hold defendant John Yoo, who was the Deputy Assistant Attorney General in the U.S. Department of Justice's Office of Legal Counsel (OLC) from 2001 to 2003, liable for damages they allege they suffered from these unlawful actions. Under recent Supreme Court law, however, we are compelled to conclude that, regardless of the legality of Padilla's detention and the wisdom of Yoo's judgments, at the time he acted the law was not "sufficiently clear that every reasonable official would have understood that what he [wa]s doing violate[d]" the plaintiffs' rights. Ashcroft v. al-Kidd, 131 S. Ct. 2074, 2083 (2011) (internal quotation marks omitted). We therefore hold that Yoo must be granted qualified immunity, and accordingly reverse the decision of the district court.
My earlier coverage of this case appears here, here, here, here, and here.

In early news coverage, Terry Baynes of Reuters reports that "9th Circuit rejects torture-related case against Bush lawyer."

Howard Mintz of The San Jose Mercury News has an update headlined "Berkeley law professor cannot be sued over Bush-era torture memos."

Bob Egelko of The San Francisco Chronicle has a news update headlined "Torture suit against Berkeley prof ordered dismissed."

The Associated Press has a report headlined "Court: Ex-Bush aide protected from torture lawsuit."

Bloomberg News reports that "Yoo Is Entitled to Immunity From Padilla Lawsuit, Court Rules."

And at Wired.com's "Threat Level" blog, David Kravets has a post titled "U.S. Appeals Court Clears Torture Memo Author."
Posted at 01:07 PM by Howard Bashman



"Supreme Court justice urges civility in legal talk": The Associated Press has a report that begins, "U.S. Supreme Court Justice Anthony Kennedy took a professorial approach during a speech before Nevada judges and lawyers Tuesday, warning about the erosion of civil discourse and urging what he called 'a decent course of conduct.'"
Posted at 11:47 AM by Howard Bashman


"Cassell to Argue Before Fifth Circuit in Child Pornography Case": The S.J. Quinney College of Law issued this news release yesterday.
Posted at 11:45 AM by Howard Bashman


Anarchists attack Ninth Circuit courthouse in Seattle during May Day protests: The Seattle Times provides this coverage. You can learn more about the William Kenzo Nakamura United States Courthouse at this link.
Posted at 11:14 AM by Howard Bashman


"Court throws out award in Benoit case against Hustler": Bill Rankin has this article today in The Atlanta Journal-Constitution.

My earlier coverage of yesterday's unpublished Eleventh Circuit ruling appeared at this link.
Posted at 10:42 AM by Howard Bashman



"Appeals court to consider Gulf oil spill plans": The Associated Press has this report.
Posted at 10:30 AM by Howard Bashman


Tuesday, May 1, 2012

"A truly exclusive Washington party: Antonin Scalia hosts justices to toast new Henry Friendly bio." This entry appears today at "The Reliable Source" blog of The Washington Post.
Posted at 10:33 PM by Howard Bashman


"Court sides with Hustler mag in nude photo dispute": The Associated Press has this report on an unpublished ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 06:24 PM by Howard Bashman


"Supreme Court Favorability Hits New Low In New Pew Research": Mike Sacks of The Huffington Post has this report.
Posted at 03:37 PM by Howard Bashman


In today's mail: A copy of the "completely updated & revised" book, "Writing to Win: The Legal Writer," by Steven D. Stark.
Posted at 02:33 PM by Howard Bashman


"Sen. Tom Coburn clears the way for hearings for two Oklahoma judicial nominees": This article appears today in The Oklahoman.
Posted at 02:24 PM by Howard Bashman


"Supreme Court Favorability Reaches New Low": Pew Research Center issued this news release today. You can access the complete report by clicking here.
Posted at 12:53 PM by Howard Bashman


"Appeals court upholds convictions in fen-phen case": The Associated Press has a report that begins, "A federal appeals court has upheld the convictions of two former attorneys serving prison time for scamming clients out of $94.6 million from a $200 million settlement over the diet drug fen-phen."

You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 12:37 PM by Howard Bashman



"Appeals court stays Planned Parenthood ruling": Chuck Lindell of The Austin American-Statesman has a blog post that begins, "Late last night, a federal appeals court judge granted Texas an emergency stay halting Planned Parenthood's participation in the Women's Health Program." Earlier, Lindell had an article headlined "Judge rules Texas can't exclude Planned Parenthood from health program."

In other coverage, The San Antonio Express-News has a blog post titled "State gets a stay from appeals court in Planned Parenthood case." Earlier, the newspaper reported that "Texas barred, for now, from dropping Planned Parenthood."

The Associated Press reports that "Appeals judge stops Planned Parenthood injunction."

And Reuters reports that "U.S. appeals court allows Texas to exclude Planned Parenthood."
Posted at 12:30 PM by Howard Bashman



"The Other Big Supreme Court Case": Online at The New Yorker, Jeffrey Toobin has a blog post that begins, "As the legal and political worlds await the Supreme Court's verdict on the constitutionality of the Affordable Care Act, the Justices have another case in the near future which may prove nearly as significant."
Posted at 10:58 AM by Howard Bashman


"Circuit Split Watch: A New Abortion Battleground." Michelle Olsen has this post at her "Appellate Daily" blog.
Posted at 10:55 AM by Howard Bashman


"Oklahoma Supreme Court strikes down personhood proposal; The Oklahoma Supreme Court ruled the proposed personhood measure violates a 1992 U.S. Supreme Court opinion upholding the right of a woman to have an abortion": This article appears today in The Oklahoman.

The Tulsa World reports today that "State Supreme Court rules 'personhood' initiative petition void."

The Associated Press reports that "Okla. court halts 'personhood' rights for embryos."

And Reuters reports that "Oklahoma court rejects ballot initiative on 'personhood.'"

You can access yesterday's ruling of the Supreme Court of Oklahoma at this link.
Posted at 10:45 AM by Howard Bashman



"Sometimes the death penalty is warranted": Charles Lane of The Washington Post has this essay.
Posted at 10:30 AM by Howard Bashman


"9/11 judge has handled tough cases before; The judge presiding over the trial of the five men accused of orchestrating the 9/11 attacks is a no-nonsense jurist who takes on the toughest cases himself": Carol Rosenberg of The Miami Herald has this report.
Posted at 10:27 AM by Howard Bashman


"A Word Heard Often, Except at the Supreme Court": Adam Liptak has this new installment of his "Sidebar" column in today's edition of The New York Times.
Posted at 09:54 AM by Howard Bashman






Related Blogs