How Appealing

Wednesday, October 31, 2012

"The Sound of Silence": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 09:22 PM by Howard Bashman


"Supreme Court concerned about police dogs at the front door": Robert Barnes will have this article Thursday in The Washington Post. In addition, columnist Dana Milbank will have an op-ed entitled "The Supreme Court's dog-day afternoon."

In Thursday's edition of The Wall Street Journal, Jess Bravin will have an article headlined "High Court Weighs Use of Drug-Sniffing Dogs."

And online at Slate, Emily Bazelon has a Supreme Court dispatch entitled "Why the Supreme Court Isn't a Dog's Best Friend: At least when it comes to drug sniffing dogs that police want to use without a warrant."
Posted at 08:52 PM by Howard Bashman



"Justice Dept." OK with new review of health law." Mark Sherman of The Associated Press has a report that begins, "The Obama administration told the Supreme Court on Wednesday that it does not object to reopening a Christian college's challenge to President Barack Obama's healthcare overhaul."

And at "SCOTUSblog," Lyle Denniston has a post titled "U.S.: New challenge to ACA OK."

Update: In other coverage, Jonathan Stempel of Reuters reports that "White House won't oppose new challenge to 2010 healthcare law."
Posted at 08:44 PM by Howard Bashman



"At Manhattan federal court, working with the lights out": Basil Katz and Joseph Ax of Reuters have this report.
Posted at 08:33 PM by Howard Bashman


"SCOTUS amicus brief could radically alter class action landscape": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 06:07 PM by Howard Bashman


"Supreme Court hears cases on drug-sniffing dogs": Michael Doyle of McClatchy Newspapers has this report.

David G. Savage of The Los Angeles Times has a news update headlined "High court debates use of sniffer dogs: same as trick-or-treaters?"

Richard Wolf of USA Today has a news update headlined "Supreme Court considers reach of drug-detection dogs; The cases of Franky and Aldo hinge on the Fourth Amendment's protection against unreasonable searches."

At WSJ.com's "Law Blog," Jess Bravin has a post titled "The Supreme Court's Dog Day."

And Bill Mears of CNN.com reports that "Dogs at center of police search arguments."
Posted at 05:44 PM by Howard Bashman



"Supreme Court hints at limits on dog sniffs for drugs": Jonathan Stempel of Reuters has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: If you lose Scalia..."
Posted at 04:45 PM by Howard Bashman



"Uncommon Knowledge with Justice Antonin Scalia": The Hoover Institution has today posted online the video of this interview with Justice Antonin Scalia.
Posted at 04:27 PM by Howard Bashman


In the November 2012 issue of ABA Journal magazine: Mark Walsh has an article headlined "A Touch of Class: Certification, Says One Brief, 'Is the Ballgame.'"

And Bryan A. Garner has an essay headlined "A Text on Textualism, Part 2: Garner and Scalia Offer More Outtakes from Their Latest Collaboration."
Posted at 04:15 PM by Howard Bashman



"Filings up, opinions down at 5th Circuit": John Council has this post today at the "Tex Parte Blog" of Texas Lawyer.
Posted at 04:01 PM by Howard Bashman


"Justices hear arguments over police dog use": Jesse J. Holland of The Associated Press has this report.
Posted at 03:11 PM by Howard Bashman


"Thoughts on the Oral Arguments in the Dog Sniff Cases": Orin Kerr has this post at "The Volokh Conspiracy."

The U.S. Supreme Court has posted online the transcripts of today's oral arguments. You can access at this link the transcript in Florida v. Jardines, No. 11-564. And you can access at this link the transcript in Florida v. Harris, No. 11-817.
Posted at 02:14 PM by Howard Bashman



"Grading the Solicitor General: A different way of keeping score." Alan B. Morrison has this post at "SCOTUSblog."
Posted at 12:18 PM by Howard Bashman


"Republicans target three Florida Supreme Court justices": Robert Barnes of The Washington Post has this report.
Posted at 10:02 AM by Howard Bashman


"What Nov. 6 means for the Supreme Court: If Romney wins, we can expect a frighteningly conservative high court; A victory for Obama could mean a liberal majority for the first time since 1969." Law professor Erwin Chemerinsky had this op-ed yesterday in The Los Angeles Times.

And at Bloomberg View, law professor Noah Feldman has an essay entitled "This Election Is About the Court, Not the Economy."
Posted at 09:38 AM by Howard Bashman



"FBI investigating Michigan Supreme Court Justice Diane Hathaway": This article appears today in The Detroit Free Press.

And The Detroit News reports today that "FBI reportedly investigates Michigan Supreme Court justice; Hathaway's real estate transactions questioned."
Posted at 09:23 AM by Howard Bashman



"Supreme Court to revisit use of dogs as basis for drug searches; In two Florida cases, the court will decide whether a police dog's alert is cause for searches. Some caution against using canines in place of search warrants": David G. Savage has this article today in The Los Angeles Times. The newspaper also contains an editorial entitled "A Labrador retriever and a pot bust: A Florida case involving the use of a drug-sniffing police dog will test the limits of the 4th Amendment."

Robert Barnes of The Washington Post reports that "Supreme Court is asked to be skeptical of drug-sniffing dogs."

Warren RIchey of The Christian Science Monitor reports that "Supreme Court to consider how and when police can use drug-sniffing dogs; The US Supreme Court considers Wednesday whether the Florida Supreme Court was correct in making it harder for law enforcement to use dogs to discover illicit drugs in a home or vehicle."

At Wired.com's "Threat Level" blog, David Kravets has a post titled "Supreme Court to Decide if Drug Dogs Pass Constitutional Smell Test."

At "SCOTUSblog," Lyle Denniston has a post titled "Argument preview: Drug-sniffing dogs and privacy."

Online at Slate, Emily Bazelon has a jurisprudence essay entitled "Can Fido Find the Drugs? Readers respond with their own stories of drug-sniffing dogs."

And on today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment entitled "Can Drug-Sniffing Dog Prompt Home Search?"
Posted at 09:15 AM by Howard Bashman



Monday, October 29, 2012

"High Court Weighs Surveillance Suit": Jess Bravin will have this article Tuesday in The Wall Street Journal.

And at Wired.com's "Threat Level" blog, David Kravets has a post titled "All Three Branches Agree: Big Brother is the New Normal."
Posted at 08:42 PM by Howard Bashman



"Supreme Court To Hear Texas Death Row Inmate's Case": The Texas Tribune has this report.
Posted at 08:40 PM by Howard Bashman


"Above Politics: The Supreme Court is keeping a low profile this election year by deftly choosing cases that avoid the hot-button issues." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 06:45 PM by Howard Bashman


"Justices Weigh Case on Imported Textbooks": Adam Liptak will have this article in Tuesday's edition of The New York Times.

And Greg Stohr and Laurie Asseo of Bloomberg News report that "U.S. Supreme Court Debates Copyright 'Gray Market' Case."
Posted at 06:42 PM by Howard Bashman



"Question for Justices: Do Aldo and Franky's Noses Always Know?" Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 06:40 PM by Howard Bashman


"Justices Weigh Copyright Issues in Textbook Case": Mark Walsh has this post at the "School Law" blog of Education Week.

And Declan McCullagh of c|net has a post titled "Will Supreme Court protect your right to resell your own stuff? Justices hear arguments in case pitting large copyright holders -- who want the ability to limit the resale of certain items -- against librarians, museums, and Internet auction sites."

Update: In other coverage, Jonathan Stempel of Reuters reports that "Supreme Court weighs protection against gray market imports."
Posted at 04:46 PM by Howard Bashman



"In Argentine bond ruling, 2nd Circuit upholds power of U.S. courts": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 03:45 PM by Howard Bashman


"Justice Sotomayor Urges Law Students to Become 'Involved' Citizens": Don Tartaglione has this post today at "The BLT: The Blog of Legal Times."
Posted at 03:44 PM by Howard Bashman


"Supreme Court turns away case on Oklahoma 'personhood' amendment; Did the Oklahoma Supreme Court act correctly when it struck down a proposed personhood amendment? The US Supreme Court declined to enter the fray Monday." Warren Richey of The Christian Science Monitor has this report.
Posted at 03:14 PM by Howard Bashman


"Racial Bias in Lending, Housing Draws High Court Inquiry": Greg Stohr of Bloomberg News has this report.
Posted at 03:05 PM by Howard Bashman


"SCOTUS reveal little on leanings in surveillance case": Josh Gerstein of Politico.com has this report.
Posted at 03:04 PM by Howard Bashman


"High court hears closely watched copyright case": Mark Sherman of The Associated Press has this report.

And at WSJ.com's "Law Blog," Brent Kendall has a post titled "Supreme Court Grapples with Copyright Law and the Resale Trade."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Kirtsaeng v. John Wiley & Sons, Inc., No. 11-697.
Posted at 02:50 PM by Howard Bashman



"Supreme Court may decide soon whether to weigh in on gay marriage, including California's Prop. 8": Howard Mintz of The San Jose Mercury News has this update.
Posted at 02:45 PM by Howard Bashman


"Court skeptical about tossing surveillance suit": The Associated Press has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Clapper v. Amnesty International USA, No. 11-1025.

Update: At "SCOTUSblog," Lyle Denniston has a post titled "Sensitive to lawyers' dilemma."

And Jonathan Stempel and Terry Baynes of Reuters report that "Supreme Court weighs challenge to eavesdropping law."
Posted at 01:14 PM by Howard Bashman



"Court cancels Tuesday sitting": Lyle Denniston has this post at "SCOTUSblog."
Posted at 11:52 AM by Howard Bashman


"Supreme Court to hear challenge to conviction reversal": Jonathan Stempel and Terry Baynes of Reuters have this report.
Posted at 11:38 AM by Howard Bashman


"Supreme Court accepts PPL appeal in British tax case": Jonathan Stempel of Reuters has this report.
Posted at 11:35 AM by Howard Bashman


Greg Stohr of Bloomberg News is reporting: He has articles headlined "PPL Gets High Court Hearing in Energy-Company Tax Case" and "Dow Chemical Patent Verdict Against Nova Left Intact."
Posted at 10:58 AM by Howard Bashman


"Supreme Court rejects abortion-related appeal": Bill Mears of CNN.com has this report.
Posted at 10:56 AM by Howard Bashman


Access online today's Order List of the U.S. Supreme Court: Today's Order List can be accessed here. The Court today granted review in four cases.

In early news coverage, The Associated Press has reports headlined "No high court action on voting rights law" and "Court turns away appeal from death row inmate."

And at "SCOTUSblog,"Lyle Denniston has a post titled "Court grants four cases, seeks government views."
Posted at 09:36 AM by Howard Bashman



"Surveillance Act Criticized, But Can It Be Fought?" This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:26 AM by Howard Bashman


"Targeted justice says judges aren't spurred by political agendas; Wiggins speaks at Peoples Church in Cedar Rapids": The Gazette of Cedar Rapids, Iowa contains this article today.
Posted at 08:30 AM by Howard Bashman


"High court hears closely watched copyright case": Mark Sherman of The Associated Press has this report.
Posted at 08:26 AM by Howard Bashman


"U.S. Supreme Court to decide if it will hear Oklahoma's 'personhood' dispute": Chris Casteel has this article today in The Oklahoman.
Posted at 08:22 AM by Howard Bashman


"Supreme Court ruling nears on Shelby County challenge to Voting Rights Act; Justices could decide as soon as today whether to hear arguments in the case": Mary Orndorff Troyan has this article today in The Montgomery (Ala.) Advertiser.
Posted at 08:20 AM by Howard Bashman


"New biography details Rehnquist's complex legacy": Bill Mears of CNN.com has this report.
Posted at 08:16 AM by Howard Bashman


"Undeterred by storm, U.S. top court sticks to schedule": Joan Biskupic of Reuters has this report.
Posted at 08:12 AM by Howard Bashman


Sunday, October 28, 2012

On today's broadcast of NPR's "Weekend Edition Sunday": The broadcast contained audio segments entitled "Federalist Papers Mark 225 Years Of Prominence" and "Closing Courthouse Brought Moonshiners To Justice."
Posted at 10:38 PM by Howard Bashman


"Did US go too far in its secret surveillance of citizens? Critics say the Bush-era law designed to collect foreign intelligence intrudes on the constitutionally protected privacy and free speech rights of US citizens; The US Supreme Court hears the case Monday." Warren Richey of The Christian Science Monitor has this report.
Posted at 10:24 PM by Howard Bashman


"Supreme Court to consider copyrights, resales": Robert Barnes will have this article Monday in The Washington Post.

The Washington Times reports that "Kagan could sway Supreme Court decision on copyright case."

And in Monday's edition of The Wall Street Journal, Brent Kendall and Wilawan Watcharasakwet will have an article headlined "High Court Dives Into Resale Trade." You can freely access the full text of the article via Google News.
Posted at 10:03 PM by Howard Bashman



"Sandra Day O'Connor broke precedent": Steven Winn has this article online today at the web site of The San Francisco Chronicle.
Posted at 09:57 PM by Howard Bashman


"Can Neuroscience Challenge Roe V. Wade?" William Egginton has this post today at the "Opinionator" blog of The New York Times.
Posted at 09:54 PM by Howard Bashman


"High court weighs new look at voting rights law": Mark Sherman and Jay Reeves of The Associated Press have this report.
Posted at 05:12 PM by Howard Bashman


View online this evening's broadcast of The American Law Journal, titled "Election 2012 & The Future of The Supreme Court": You can view the entire program via YouTube by clicking here.

Appearing as guests on the program are Tony Mauro of The National Law Journal, law professors Tuan Samahon and Pammela Quinn Saunders, and me.
Posted at 02:00 PM by Howard Bashman



"Louisianians never needed protection from monks' handiwork": Columnist James Gill of The Times-Picayune of New Orleans has this essay.
Posted at 01:20 PM by Howard Bashman


"Will Supreme Court turn up its nose at dog sniffs?" Jonathan Stempel of Reuters has this report.
Posted at 09:40 AM by Howard Bashman


Saturday, October 27, 2012

"Supreme Court to determine legality of reselling iphones, cars, textbooks": The Washington Times has this report.

And Bill Mears of CNN.com reports that "Supreme Court to hear arguments in case of student who resold books."
Posted at 11:57 PM by Howard Bashman



"Groups battle over how to pick judges in Missouri": The St. Louis Post-Dispatch has this report.
Posted at 11:54 PM by Howard Bashman


"3 seats up for grabs on state's highest civil court": Today's edition of The Houston Chronicle contains an article that begins, "The state Supreme Court has shaped the public schools that Texans' children attend, the beaches they stroll and their rights as workers, but the justices' importance is belied by the scant attention they receive at election time."
Posted at 11:53 PM by Howard Bashman


"The 'Ten Commandments Judge' Wants His Seat Back": This audio segment appeared on today's broadcast of NPR's "Weekend Edition Saturday."
Posted at 10:48 PM by Howard Bashman


"Local author tells stories of women on Supreme Court; New book by Nichola Gutgold reveals how female Supreme Court justices have moved from 'Obstacles to Options'": Today's edition of The Morning Call of Allentown, Pennsylvania contains this article reporting on Nichola Gutgold's new book, "The Rhetoric of Supreme Court Women: From Obstacles to Options."
Posted at 09:15 PM by Howard Bashman


"Arizona Supreme Court Justice Pelander fights effort to oust him; Pelander's rare campaign a response to 'tea party' anger over court ruling": Michael Kiefer has this article today in The Arizona Republic.
Posted at 08:44 PM by Howard Bashman


"How the Supreme Court Stacked the Deck Against Economic Liberty: A federal price-fixing case highlights the judiciary's troubling deference to government regulation." Damon W. Root has this essay online today at Reason.
Posted at 08:40 PM by Howard Bashman


"Why Amnesty Should Lose at the Supreme Court: It's not the job of judges to stop warrantless wiretapping." Law professor Eric Posner has this essay online at Slate.
Posted at 04:52 PM by Howard Bashman


Friday, October 26, 2012

"The $63 billion copyright question": At Alison Frankel's "On the Case" from Thomson Reuters News & Insight, Erin Geiger Smith has a report that begins, "The U.S. Supreme Court will hear arguments on Monday in one of the most important copyright cases in a decade, over whether works manufactured outside the United States can be resold here without the permission of the copyright owner."
Posted at 06:17 PM by Howard Bashman


"Will Bush v. Gore Save Barack Obama? If Obama narrowly wins Ohio, he can thank Justice Scalia and the court's conservatives." Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this essay online at Slate.
Posted at 06:07 PM by Howard Bashman


"U.S. picks a DOMA case": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 05:16 PM by Howard Bashman


"Support for end to California death penalty surges; Nearly half of registered voters still back capital punishment, but the margin has shrunk to 3 percentage points; Voters also favor easing the three-strikes law": Maura Dolan and Jack Leonard have this front page article today in The Los Angeles Times.
Posted at 02:25 PM by Howard Bashman


"Appeals court in Chicago reinstates white supremacist's conviction for threatening juror": The Associated Press has a report that begins, "An appellate court ruled Friday that a white supremacist solicited violence against a juror in another trial by revealing his personal details online, rejecting a lower court's finding that the neo-Nazi's posts were protected by the First Amendment."

You can access today's per curiam ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 01:30 PM by Howard Bashman



"Reading Guide: Where Romney and Obama Stand on the Supreme Court." Suevon Lee of ProPublica has this report.

And at TPMDC, Sahil Kapur has an article headlined "Conservative Scholars Bullish That A Romney Supreme Court Could Reverse Longstanding Liberal Jurisprudence."
Posted at 12:09 PM by Howard Bashman



"Wells Fargo Loses Bid to Force Arbitration on Overdrafts": Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 12:03 PM by Howard Bashman


"U.S. court rules against Argentina over debt fix": Jonathan Stempel and Grant McCool of Reuters have this report.

And Bloomberg News reports that "Argentina Loses U.S. Appeal of Ruling on Defaulted Bonds."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 12:01 PM by Howard Bashman



Look who's on TV: This Sunday's broadcast of The American Law Journal is titled "Election 2012 & The Future of The Supreme Court." You can view a short preview clip posted at YouTube by clicking here.

And today's edition of The Legal Intelligencer contains this preview of the broadcast.
Posted at 11:40 AM by Howard Bashman



"John Paul Stevens's Quest for Four Little Words": Jess Bravin has this post today at WSJ.com's "Law Blog."
Posted at 10:02 AM by Howard Bashman


"How Supap Kirtsaeng's Textbooks Idea Led to Supreme Court": Greg Stohr of Bloomberg News has this report.
Posted at 09:58 AM by Howard Bashman


"Kentucky Supreme Court upholds convictions of Amish men who refused to put orange triangles on buggies; No extra religious protection seen in state constitution": This article appears today in The Louisville Courier-Journal.

And The Associated Press has a report headlined "Amish lose in court but law grants buggy exemption."

You can access yesterday's ruling of the Supreme Court of Kentucky at this link.
Posted at 09:22 AM by Howard Bashman



"A Death Row Struggle Between Advocates and Lawyers": Maurice Chammah of The Texas Tribune has this report.
Posted at 09:12 AM by Howard Bashman


"How Mandatory Minimums Forced Me to Send More Than 1,000 Nonviolent Drug Offenders to Federal Prison": U.S. District Judge Mark W. Bennett (N.D. Iowa) has this essay in the November 12, 2012 issue of The Nation.
Posted at 09:08 AM by Howard Bashman


"Supreme Court to hear arguments over government spying": Terry Baynes of Reuters has this report.

Update: And at "SCOTUSblog," Lyle Denniston has a post titled "Can global wiretaps be challenged?"
Posted at 09:03 AM by Howard Bashman



Thursday, October 25, 2012

"Ky. court trims rights of grandparents to visit grandchildren": The Louisville Courier-Journal has a news update that begins, "The Kentucky Supreme Court has made it harder for grandparents to win visitation with their grandchildren when the child's parents object. In a 6-1 ruling, the state's high court ruled Thursday that parents who oppose giving a grandparent visitation must be presumed to be acting in the child's best interests. The court did not strike down Kentucky's 1984 grandparent visitation law but said a grandparent must present 'clear and convincing' evidence to win the right to visit a grandchild over a parent's objection."

You can access today's ruling of the Supreme Court of Kentucky at this link.
Posted at 11:33 PM by Howard Bashman



"U.S. Supreme Court Justice Scalia warns against 'living' Constitution": The Billings Gazette has this news update.

And The Associated Press has a report that begins, "Passing through Laramie after an unsuccessful antelope hunt, U.S. Supreme Court Justice Antonin Scalia stopped at the University of Wyoming on Thursday to make an impassioned and humorous case for sticking to the original meaning of the U.S. Constitution."
Posted at 11:23 PM by Howard Bashman



"Supreme Court Weighing 'First Sale' Copyright Doctrine": David Kravets has this post at Wired.coms "Threat Level" blog.
Posted at 11:05 PM by Howard Bashman


"Retired Supreme Court Justice sits on NY court": The Associated Press has a report that begins, "The first woman to sit on the U.S. Supreme Court has taken a chair for a day on a panel of the federal appeals court in New York."
Posted at 11:03 PM by Howard Bashman


"Suggested Mottos for Other Law Blogs": Kyle Graham has this post at his blog, "noncuratlex.com."
Posted at 10:44 PM by Howard Bashman


"Obama v. the Supreme Court: An interview with Jeffrey Toobin." June Thomas has this podcast online at Slate.
Posted at 05:14 PM by Howard Bashman


"Drug-sniffing cases send Supreme Court to the dogs": Michael Doyle of McClatchy Newspapers has this report.

And online at Slate, Emily Bazelon has a jurisprudence essay entitled "Are Police Dogs Invading Our Privacy? Next week the Supreme Court will consider that question."
Posted at 04:48 PM by Howard Bashman



"How do you feel about Justice Roberts' ruling on the Affordable Care Act? Were you surprised?" That's one of the questions from historian Douglas Brinkley that President Obama answers in an interview Rolling Stone magazine posted online today.
Posted at 04:40 PM by Howard Bashman


"Rajaratnam Appeal Judges Voice Concern Over U.S. Wiretaps": Bloomberg News has this report.

Update: In other coverage, Peter Lattman has a post titled "Rajaratnam's Lawyers Argue to Overturn Conviction" at the "DealBook" blog of The New York Times.

Reuters reports that "Insider trading wiretaps under scrutiny in Rajaratnam appeal."

And The Associated Press reports that "Insider trader's lawyers ask NY court to nix case."
Posted at 02:30 PM by Howard Bashman



"Court upholds ban on handgun sales to people under 21": Jonathan Stempel of Reuters has a report that begins, "The United States may ban federally licensed firearms dealers from selling handguns to people under age 21, an appeals court ruled on Thursday, in a defeat for the National Rifle Association."

You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 02:24 PM by Howard Bashman



"SMART can reject anti-Islam ad, 6th Circuit says": "The MiLW Blog" has this post reporting on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 12:10 PM by Howard Bashman


In the Fall 2012 issue of Marquette Lawyer magazine: Sixth Circuit Judge Jeffrey S. Sutton has an article headlined "Barnette, Frankfurter, and Judicial Review."

And the magazine also contains the remarks of Seventh Circuit Judge Diane S. Sykes at the law school's May 19, 2012 hooding ceremony, where Judge Sykes spoke about her former boss and colleague, Seventh Circuit Judge Terence T. Evans.
Posted at 11:44 AM by Howard Bashman



"Calif. Death Penalty Opposition Focuses On Economy": Today's broadcast of NPR's "Morning Edition" contained this audio segment, along with a related audio segment entitled "In Calif., A Death Penalty Proponent Changes Course."
Posted at 11:20 AM by Howard Bashman


"Betty Binns Fletcher Dies at 89; Liberal Stalwart on the Bench": This obituary appears today in The New York Times.

And in today's edition of The San Francisco Chronicle, Bob Egelko has written an obituary headlined "U.S. appeals Judge Betty Fletcher dies."
Posted at 11:18 AM by Howard Bashman



"Lawyers Discuss Supreme Court Cases on Sniffer Dog Use": C-SPAN provides access to the video of Tuesday's discussion sponsored by the National Association of Criminal Defense Lawyers. David G. Savage of The Los Angeles Times served as moderator.
Posted at 11:10 AM by Howard Bashman


"Diversity as a commodity: Affirmative Action warrants extensive reform, for this policy serves as an excuse for colleges to sacrifice equitable admissions policies in favor of a fetishized form of diversity." Columnist James Yoon has this op-ed today in The Columbia Spectator.
Posted at 11:07 AM by Howard Bashman


"Critical online reviews can carry legal risks": The Associated Press has this report on a case pending for decision before the Supreme Court of Minnesota.

Last month, The Duluth News Tribune reported on the oral argument in an article headlined "Minnesota Supreme Court hears Duluth neurologist's defamation lawsuit against patient's son; The Minnesota Supreme Court heard the case of a Duluth neurologist Tuesday who sued a patient's son after being criticized on rate-your-doctor websites for his bedside manner."

You can view the oral argument video by clicking here.
Posted at 11:02 AM by Howard Bashman



"Court: A woman with no genetic connection to baby is not the mother unless she adopts." MaryAnn Spoto of The Newark (N.J.) Star-Ledger has an article that begins, "A woman who arranges for a surrogate to give birth by using someone else's eggs cannot be considered the mother unless she adopts the child, a sharply divided state Supreme Court ruled today."

Today's edition of The New York Times contains an article headlined "Court's Split Decision Provides Little Clarity on Surrogacy."

The Record of Bergen County, New Jersey reports today that "Court upholds N.J. surrogate parent law."

The Courier-Post of Cherry Hill, New Jersey reports that "Supreme Court rules in New Jersey fertility case."

And The Associated Press has a report headlined "NJ court: Infertile men, women not treated same."

Yesterday, the Supreme Court of New Jersey affirmed the judgment under review by an equally divided court. You can access at this link the court's per curiam opinion and the opinions concurring in and dissenting from the result.
Posted at 10:48 AM by Howard Bashman



"The Court Crasher: Tom Goldstein changed how lawyers get to the Supreme Court--and how news gets out of it." Stephanie Mencimer has this article in the November 2012 issue of The Atlantic magazine.
Posted at 10:25 AM by Howard Bashman


Wednesday, October 24, 2012

"Partisanship issues chafe Michigan Supreme Court candidates": This article appears today in The Livingston County Daily Press & Argus.

And MLive.com reports that "Republican candidates for Michigan Supreme Court argue their case in Muskegon."
Posted at 08:24 PM by Howard Bashman



"9th Circuit: Casinos can be liable for seizing card counters." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 08:09 PM by Howard Bashman



"Scores of women win equal pay compensation fight against Birmingham council": The Independent (UK) has this news update.

The Guardian (UK) has a news update headlined "Birmingham equal pay victory for women may impact City of London; Lawyers say court ruling on equal pay claim for female council workers will have 'serious ramifications' for employers elsewhere."

And BBC News reports that "Birmingham City Council loses equal pay appeal bid."

You can access today's ruling of the Supreme Court of the United Kingdom at this link. A related court press release can be accessed here.
Posted at 07:58 PM by Howard Bashman



"Judicial elections threaten justice: Do you want judges to answer to the law, or to campaign contributors and ideological groups?" This editorial appears today in USA Today.

And, in response, Slade O'Brien has an op-ed entitled "If courts overstep, citizens must act: Are we supposed to do nothing when judges rewrite the law?"
Posted at 07:46 PM by Howard Bashman



"Judge's death brings new twist in high-stakes climate case": Lawrence Hurley of Greenwire has an article that begins, "The outcome of a prominent climate case has become even more shrouded in mystery after one of the three judges considering the matter died this week."
Posted at 02:50 PM by Howard Bashman


"Justice Kennedy to Deliver Joseph Story Distinguished Lecture": Robert Alt recently had this post at "The Foundry" blog of The Heritage Foundation.

The lecture is scheduled to take place today, beginning at 5:30 p.m. eastern time, and you can view it live, online via this link.

Update: You can also view Justice Kennedy's remarks live, online via C-SPAN by clicking here.
Posted at 02:20 PM by Howard Bashman



"Flu Season Health Precautions": Teddy Wayne recently had this post at the "Opinionator" blog of The New York Times.
Posted at 02:04 PM by Howard Bashman


"Appeals court orders political committees to return Stanford donations": Loren Steffy has this article today in The Houston Chronicle.

Bloomberg News reports that "Stanford's Political Donations Must Be Returned, Court Says."

The Houston Business Journal reports that "National political campaigns must return money to Stanford receiver, court rules."

And at the "Tex Parte" blog of Texas Lawyer, John Council has a post titled "5th Circuit rules on whether Republican, Democrat groups can keep political contributions from R. Allen Stanford and his companies."

You can access yesterday's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 02:00 PM by Howard Bashman



"Does the Supreme Court Have a Free Policy Choice in Wiley v. Kirtsaeng?" Marketa Trimble has this post today at the "Technology & Marketing Law Blog."
Posted at 01:54 PM by Howard Bashman


"Ruling raises questions about laws concerning advantage gamblers": This article appears today in The Las Vegas Review-Journal.

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Banned Card-Counter Loses Casino Suit."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:50 PM by Howard Bashman



"SCOTUS must be last bulwark against NSA snooping": Bill Binney and J. Kirk Wiebe have this essay at Politico.com.
Posted at 01:44 PM by Howard Bashman


"Don Franzen interviews Antonin Scalia -- Reading the Text: An Interview with Justice Antonin Scalia of the U.S. Supreme Court." The Los Angeles Review of Books posted online this interview earlier this month.
Posted at 01:37 PM by Howard Bashman


"A Supreme Court Case Over Textbooks Could Make Copyright Law Even More Restrictive": John Villasenor has this blog post online at Slate.
Posted at 09:56 AM by Howard Bashman


"Supreme Court makeup not a top campaign issue; The chance that Obama or Romney could tilt the court very far in one direction or the other is remote": Richard Wolf has this article today in USA Today.

In today's edition of The Pittsburgh Post-Gazette, Rev. John C. Welch has an op-ed entitled "Beware Romney's nominees for the Supreme Court."

And in The Washington Times, Mario Diaz has an op-ed entitled "Obama could achieve stacked Supreme Court in a second term; Voters should keep courts in mind on Election Day."
Posted at 09:52 AM by Howard Bashman



Tuesday, October 23, 2012

"Ninth Circuit Judge Betty Fletcher, 1923-2012": Scott Graham of The Recorder has written this obituary.

At her "Trial Insider" blog, Pamela A. MacLean has a post titled "9th Circuit Liberal Judge Betty Fletcher Dies."

And the Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued a news release headlined "Ninth Circuit Court of Appeals Mourns Passing of Judge Betty Binns Fletcher."
Posted at 11:11 PM by Howard Bashman



"The record fully supports Judge Conrad's findings that Peoples' profane language in Judge Currie's courtroom constituted intentional misbehavior that obstructed the administration of justice." So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit in a ruling that you can access here.

As I noted in this earlier post, last month Mike Scarcella of The National Law Journal reported on this case in an article headlined "F-bomb's collateral damage: Obscenity case explores the limits of courtroom expression."
Posted at 10:54 PM by Howard Bashman



"Federal court rules in favor of monks, sends casket case to Louisiana Supreme Court": The Times-Picayune of New Orleans has a news update that begins, "In a sometimes harshly worded ruling, a panel of federal appellate judges Tuesday evening smacked down the Louisiana funeral board's continued attempts to prevent the St. Joseph Abbey monks from selling their hand-crafted caskets."

You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 10:44 PM by Howard Bashman



"Federal court revives student paper's lawsuit against OSU officials": The Associated Press has this report.

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "9th Circuit Expands Liability in Free Speech Dispute."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:25 PM by Howard Bashman



"Liberal US appeals judge Betty Fletcher dies at 89": The Associated Press has this report.
Posted at 03:30 PM by Howard Bashman


"D.C. Circuit Upholds Immunity Shield for Former President of Colombia": At "The BLT: The Blog of Legal Times," Mike Scarcella has this post reporting on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 02:28 PM by Howard Bashman


Law-related essays in the "Special Election Issue" of The New York Review of Books: The publication's November 8, 2012 issue contains essays by Cass R. Sunstein, Ronald Dworkin, and David Cole.
Posted at 01:58 PM by Howard Bashman


"Why it matters: 1 new Justice could change a lot." Mark Sherman of The Associated Press has this report.
Posted at 01:24 PM by Howard Bashman


"Court blocks Ind. defunding of Planned Parenthood": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today.

And in other coverage, Bloomberg News reports that "Indiana Planned Parenthood Wins Ruling on Medicaid Funds."

Update: Jonathan Stempel of Reuters reports that "Court blocks Indiana law cutting Planned Parenthood funds."
Posted at 01:16 PM by Howard Bashman



"Pentagon: Alleged 9/11 mastermind dyed his beard with berry juice at Guantanamo." Carol Rosenberg of The Miami Herald has this news update.
Posted at 12:16 PM by Howard Bashman


"NY top court says lap dance isn't art, is taxable": The Associated Press has a report that begins, "A sharply divided court in New York says lap dances don't promote culture in a community the way ballet or other artistic endeavors do, and so shouldn't get a tax break."

You can access today's 4-to-3 ruling of the Court of Appeals of New York -- that State's highest court -- at this link.

Update: In other coverage, Bloomberg News reports that "Strip-Club Fees Aren't Tax Exempt, N.Y. Top Court Rules."

And Reuters reports that "N.Y. court finds pole dancing revenue can be taxed."
Posted at 10:32 AM by Howard Bashman



"Did the Dark Money Group that Spurred a Landmark Ruling Mislead the IRS?" Kim Barker of ProPublica and Emma Schwartz of Frontline have this report.
Posted at 08:07 AM by Howard Bashman


"Sandra Day O'Connor courts S.F. audience": The San Francisco Chronicle contains this article today.

And Bay City News reports that "Sandra Day O'Connor Talks Civics Games, Working For Free."
Posted at 07:54 AM by Howard Bashman



Monday, October 22, 2012

"Iowa Justice Who Ruled for Gay Marriage Faces Test That Peers Failed": This article will appear Tuesday in The New York Times.

And The Associated Press reports that "Supporters of Iowa Supreme Court justice focus on equality; Observers say result could be much closer than 2010 vote that ousted three justices."
Posted at 09:20 PM by Howard Bashman



"Goodwin Liu has blended in easily on California's Supreme Court; Tarred by conservative Republicans as a liberal activist, the failed nominee for the federal bench has been anything but extreme during his first year on the state's highest court": Maura Dolan will have this article Tuesday in Los Angeles Times.
Posted at 09:14 PM by Howard Bashman


"California's Prop 34: Battle over fate of state's death penalty heating up." Howard Mintz of The San Jose Mercury News has this update.
Posted at 07:21 PM by Howard Bashman


"A Portrait of the Supreme Court in the Obama Era": In Tuesday's edition of The New York Times, Michiko Kakutani will have this review of Jeffrey Toobin's new book, "The Oath: The Obama White House and the Supreme Court."
Posted at 06:07 PM by Howard Bashman


"In the Supreme Court, a Fight Over Sanctions for Government Misconduct": Mike Scarcella has this post today at "The BLT: The Blog of Legal Times."
Posted at 05:10 PM by Howard Bashman


"New Chairs for Five Judicial Conference Committees": Today, the Administrative Office of the U.S. Courts issued a news release that begins, "Chief Justice John Roberts Jr, has named five new Judicial Conference committee chairs and extended the terms of three current committee chairs, effective October 1, 2012."

Of particular note, Sixth Circuit Judge Jeffrey S. Sutton will move from being chair of the Advisory Committee on Appellate Rules to being chair of the Committee on Rules of Practice and Procedure, which oversees changes to all federal court rules of procedure.

And Judge Sutton's replacement as chair of the Advisory Committee on Appellate Rules is Eighth Circuit Judge Steven M. Colloton.
Posted at 04:12 PM by Howard Bashman



"Ninth Circuit Court of Appeals Mourns Passing of Judge Otto R. Skopil Jr." The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release Saturday.
Posted at 12:50 PM by Howard Bashman


"Q & A with Jeffrey Toobin": Ronald Collins has this post today at "SCOTUSblog."
Posted at 11:26 AM by Howard Bashman


"Our tortured pick for state Supreme Court: Sanders." Today's edition of The Tacoma (Wash.) News Tribune contains an editorial that begins, "We would have preferred a different choice for the state Supreme Court."
Posted at 08:47 AM by Howard Bashman


"N.J. Supreme Court to tackle privacy issues in cellphone, GPS case": This article appears today in The Record of Bergen County, New Jersey.
Posted at 08:45 AM by Howard Bashman


"Can Copyrighted Works Purchased Abroad Be Resold In the United States?" John Villasenor has this blog post at Forbes.com.
Posted at 08:44 AM by Howard Bashman


"Chief Justice speaks at Rice": This article appeared in last Friday's issue of The Rice Thresher, the student newspaper of Rice University.

Today's edition of The Yale Daily News contains an article headlined "Ginsburg reflects on career."

And today's edition of The Daily Beacon, the student newspaper of the University of Tennessee at Knoxville, contains an article headlined "Justice Elena Kagan speaks on life, court."
Posted at 08:42 AM by Howard Bashman



"The Romney Court": Law professor Adam Winkler has this blog entry at The Huffington Post.
Posted at 08:37 AM by Howard Bashman


"Student prompted Justice Scalia appearance at UW": This article appears today in The Laramie (Wyo.) Boomerang.
Posted at 08:26 AM by Howard Bashman


Available online from the California Law Review: In the publication's October 2012 issue, law professor Justin Driver has an article titled "The Constitutional Conservatism of the Warren Court."

And yesterday, the publication posted online an article titled "Harlan on My Mind: Chief Justice Roberts and the Affordable Care Act" by law professor Timothy P. O'Neill.
Posted at 08:22 AM by Howard Bashman



Sunday, October 21, 2012

"Yuma dairy takes fight over federal price fixing to Supreme Court": This article appeared yesterday in The Yuma Sun.
Posted at 01:28 PM by Howard Bashman


"Under the U.S. Supreme Court: Voter ID fight finally reaches high court." Michael Kirkland of UPI has this report.
Posted at 08:45 AM by Howard Bashman


Saturday, October 20, 2012

"The American Debate: High court in absentia." In yesterday's edition of The Philadelphia Inquirer, columnist Dick Polman had an essay that begins, "The presidential candidates have debated each other for 180 minutes, yet neither has expended even a second on a crucial campaign issue that has a profound impact on our lives."

And online at The Atlantic, Andrew Cohen has an essay arguing that "the future of the judiciary is at stake" in this year's presidential election.
Posted at 02:04 PM by Howard Bashman



"Dozens of states make it hard to get abortions": The Associated Press has this report.
Posted at 01:57 PM by Howard Bashman


"Pornography and Politics": This profile of Larry Flynt will appear in Sunday's edition of The New York Times.
Posted at 01:50 PM by Howard Bashman


"AG questions voting act's constitutionality": Today's edition of The San Antonia Express-News contains an article that begins, "Texas Attorney General Greg Abbott challenged the constitutionality of a key provision of the Voting Rights Act in an appeal filed with the U.S. Supreme Court late Friday."

The Texas Tribune reports that "Texas Appeals Redistricting Decision; Elections Proceed."

And yesterday, the Texas Attorney General's Office issued a news release headlined "Texas Files Appeal with U.S. Supreme Court in Redistricting Case." You can access at this link the Jurisdictional Statement filed yesterday in the U.S. Supreme Court.
Posted at 01:48 PM by Howard Bashman



"Marriage Law Likely Headed To Supreme Court": This audio segment featuring Nina Totenberg appeared on yesterday evening's broadcast of NPR's "All Things Considered."
Posted at 01:42 PM by Howard Bashman


"Supreme Court rules employees have right to privacy on work computers": In today's edition of The Toronto Globe and Mail, Kirk Makin has an article that begins, "Workplace computers contain so much personal information nowadays that employees have a legitimate expectation of privacy in using them, the Supreme Court of Canada said in a major ruling Friday."

Today's edition of The Toronto Star contains an article headlined "Supreme Court of Canada: Employees have privacy rights over workplace computers."

The Toronto Sun reports that "Supreme Court orders retrial of teacher in child porn case."

Financial Post has an article headlined "Supreme Court of Canada: Employer's policies not determinative of privacy rights."

And The Canadian Press has a report headlined "Richard Cole Child Porn Case: Workplace Privacy Affirmed By Supreme Court In Ruling."

You can access yesterday's ruling of the Supreme Court of Canada at this link.
Posted at 01:36 PM by Howard Bashman



Friday, October 19, 2012

"How Many Constitutions Can Liberals Have?" Online today at The New Republic, Seventh Circuit Judge Richard A. Posner has this review of law professor Akhil Reed Amar's new book, "America's Unwritten Constitution: The Precedents and Principles We Live By." The review will appear in the November 8, 2012 print edition of the magazine.
Posted at 08:30 PM by Howard Bashman


"Supreme Court Justice Elena Kagan talks gender, hunting with UT audience": Megan Boehnke of The Knoxville News Sentinel has this update.
Posted at 04:52 PM by Howard Bashman


"2nd Circuit sets new rules for immigration cases": Reuters has this article reporting on an opinion that the U.S. Court of Appeals for the Second Circuit issued earlier this week.
Posted at 04:50 PM by Howard Bashman


"A New Type of Opinion Is Christened in the Ninth Circuit": Joe Palazzolo has this post at WSJ.com's "Law Blog."
Posted at 04:27 PM by Howard Bashman


"Soundbites: Ruth Bader Ginsburg Edition." The blog of The Yale Daily News yesterday had this post reporting on Justice Ruth Bader Ginsburg's remarks yesterday at a Davenport Master's Tea. And today's print edition of that newspaper contains an article headlined "Ginsburg visits campus."

Justice Ginsburg remains at Yale today, and she is scheduled to take part in a conversation with Linda Greenhouse beginning at 4 p.m. eastern time today that you can view live, online via this link.

Update: The conversation with Justice Ginsburg is getting underway at 4:13 p.m. eastern time.

Second update: If you tuned-in seeking 15 minutes' worth of introductory remarks, you're in luck!

Third update: The live event has now ended, but you can view a replay via this link.
Posted at 03:57 PM by Howard Bashman



"Threatened species listing for polar bears contested in U.S. court": Reuters has a report that begins, "Polar bears' designation as a threatened species was challenged in a U.S. appeals court on Friday, with a lawyer for Alaska and other parties arguing that regulators had failed to back up the listing."

And Lawrence Hurley of Greenwire reports that "Polar bear fight returns to court."
Posted at 03:18 PM by Howard Bashman



"The Conscience of a Judicial Conservative: William Rehnquist was a Nixon appointee and a Republican, but above all he was a lawyer's lawyer with a clear-eyed appreciation of the duties of his position." In Saturday's edition of The Wall Street Journal, law professor Richard W. Garnett will have this review of the new book "The Partisan:The Life of William Rehnquist," by John A. Jenkins.

On a related note, earlier this month, The New Republic posted online a review by law professor Eric A. Posner headlined "Overruled: How Conservative Was Chief Justice Rehnquist?"

And earlier this month, Joan Biskupic of Reuters hosted a discussion with the book's author on the "After Words" program of C-SPAN2's BookTV., You can view the video by clicking here.
Posted at 03:14 PM by Howard Bashman



"Retired Justice O'Connor to hear 2nd Circuit cases next week": Reuters has this report.
Posted at 02:50 PM by Howard Bashman


"Crunch time coming up for GOP's DOMA fight": Todd Ruger has this post today at "The BLT: The Blog of Legal Times."
Posted at 02:01 PM by Howard Bashman


"Posner on Amar's Unwritten Constitution: 'Extremely Strange.'" Orin Kerr had this post yesterday evening at "The Volokh Conspiracy."

You can access the video of Seventh Circuit Judge Richard A. Posner's remarks via this link.
Posted at 01:42 PM by Howard Bashman



"Chief Judge KOZINSKI, disagreeing with everyone": Just when you thought that every possible type of appellate opinion had already been created, Ninth Circuit Chief Judge Alex Kozinski goes and invents one more.
Posted at 01:28 PM by Howard Bashman


"Federal Courthouses Gain Landmark Status": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has issued this news release.
Posted at 01:22 PM by Howard Bashman


"Supreme Court Chief Justice Discusses Constitutional Law": On Wednesday -- as I noted in earlier posts that you can access here, here, and here -- Chief Justice John G. Roberts, Jr. participated in a public conversation as part of Rice University's centennial celebration.

C-SPAN has made the video of the Chief Justice's remarks available via this link.
Posted at 11:48 AM by Howard Bashman



"U.S. Marriage Act Is Unfair to Gays, Court Panel Says": John Schwartz has this article today in The New York Times. The newspaper also contains an editorial entitled "Another Defeat for the Defense of Marriage Act."

Today's edition of The New York Daily News contains an article headlined "New York appeals court nixes Defense of Marriage act; Court says 1996 law that defines marriage as involving a man and a woman is unconstitutional; Boston made same ruling earlier this year."

David G. Savage of The Los Angeles Times has an article headlined "Court rules gays and lesbians deserve special protection; The U.S. 2nd Circuit Court of Appeals in New York strikes down part of the Defense of Marriage Act and becomes the first to say the group is constitutionally protected as minorities."

The Washington Times reports that "Ruling likely to send gay marriage issue to Supreme Court."

Warren Richey of The Christian Science Monitor has an article headlined "Gay marriage to Supreme Court? More likely after latest rejection of DOMA.; A federal appeals court panel in New York voted 2 to 1 to declare part of DOMA unconstitutional; The opinion, just three weeks after argument, suggests the judges may have been keeping an eye on the Supreme Court."

Mark Hamblett of the New York Law Journal reports that "Circuit Strikes Key Provision of Marriage Act."

CNN.com has articles headlined "Federal appeals court strikes down Defense of Marriage Act" and "Victory for lesbian, years after her longtime partner's death."

Ariane de Vogue of ABC News has a blog post titled "Second Federal Appeals Court Strikes Down Key Provision of DOMA."

WSJ.com's "Metropolis" blog has a post titled "Meet the New Yorker Who Sued to Stop DOMA."

Online at The New Yorker, Richard Socarides has a blog post titled "A Widow's Victory, and a Defeat for DOMA."

And at "SCOTUSblog," Lyle Denniston has a post titled "Major victory for gay rights, same-sex marriage."
Posted at 09:14 AM by Howard Bashman



"Guantanamo terrorism convictions proving vulnerable on appeal": Carol J. Williams of The Los Angeles Times has this blog post today.
Posted at 08:51 AM by Howard Bashman


"Democrats Use Health Law to Assail Republicans": Robert Pear has this article today in The New York Times.
Posted at 08:30 AM by Howard Bashman


"Pierce man gets a new trial over prosecution's PowerPoint misuse": Today's edition of The Tacoma News Tribune contains an article that begins, "The Washington State Supreme Court has overturned four felony convictions of a Pierce County man, saying a deputy prosecutor violated the defendant's right to a fair trial by superimposing the words, 'guilty, guilty, guilty,' over the man's photo during a PowerPoint presentation in closing arguments."

My earlier coverage of yesterday's ruling can be accessed here.
Posted at 08:27 AM by Howard Bashman



"Parsing Obama on Guantanamo": At Politico.com, Josh Gerstein has a blog post that begins, "What exactly did President Barack Obama mean when he suggested Thursday that Congress needs to do more to establish a 'legal architecture' to govern aspects of the war on terror?"

In today's edition of The Wall Street Journal, Jess Bravin has article headlined "Lawyers Spar Over Rights for 9/11 Detainees."

In today's edition of The Los Angeles Times, Richard A. Serrano has an article headlined "U.S. seeks more secrecy in 9/11 case; Prosecutors ask the military judge at Guantanamo Bay for more restrictions against the public release of sensitive material in the Sept. 11 investigation."

Reuters reports that "Judge in 9/11 case weighs whether Constitution applies at Guantanamo."

And Carol Rosenberg of The Miami Herald has an article headlined "Alleged al Qaida chief's vest a snooze, a day later; Small issues dominated the day in war court as the judge discussed location, the defendants read and some spectators took a nap."
Posted at 08:22 AM by Howard Bashman



Thursday, October 18, 2012

"Man sues over arrest for wearing 'Occupy' jacket in Supreme Court": Terry Baynes of Reuters has an article that begins, "A man who was arrested in the Supreme Court's museum corridor for wearing a jacket emblazoned with the slogan 'Occupy Everywhere' is suing the federal government over the incident."
Posted at 11:20 PM by Howard Bashman


"Wash. convictions reversed over PowerPoint show": The Associated Press has this report on a ruling that the Supreme Court of Washington State issued today. According to The AP report, "During closing arguments, the deputy Pierce County prosecutor presented a slide show with Glasmann's mug shot and the word 'guilty' superimposed in red letters three times across his face. The justices said unanimously Thursday that was improper, because there was no such image admitted as evidence."

Today's 5-to-4 decision consists of a lead opinion, an opinion concurring in the judgment, and a dissenting opinion.
Posted at 03:35 PM by Howard Bashman



"2nd Appeals Court Rules Against Federal Marriage Act": The New York Times has this news update.
Posted at 03:26 PM by Howard Bashman


"DOMA's classification of same-sex spouses was not substantially related to an important government interest. Accordingly, we hold that Section 3 of DOMA violates equal protection and is therefore unconstitutional." So holds the majority on a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit in a decision issued today. DOMA, of course, is the acronym for the federal law titled the Defense of Marriage Act.

Second Circuit Chief Judge Dennis Jacobs wrote the majority opinion, in which Circuit Judge Christopher F. Droney joined. Senior Circuit Judge Chester J. Straub dissented on the central issue presented and would have held that "the legislative distinction drawn by DOMA satisfies rational basis review and is therefore constitutional."

Update: In early news coverage, The Associated Press reports that "NY appeals court nixes Defense of Marriage Act."

Terry Baynes and Dan Levine of Reuters report that "Appeals court in NY rules gay marriage law unconstitutional."

And Bloomberg News reports that "Marriage Act Violates Same-Sex Couple Rights, Court Says."
Posted at 11:19 AM by Howard Bashman



"Invitation to Sue?" At Inside Higher Ed, Scott Jaschik has an article that begins, "A sharply divided federal appeals court on Wednesday refused to reconsider a March ruling that revived a lawsuit by a former graduate student against the University of Oregon. And the dissenting judges on the appeals court say that the refusal could endanger academic freedom and leave faculty members vulnerable to litigious graduate students."

You can access Chief Judge Alex Kozinski's dissent from the Ninth Circuit's denial of rehearing en banc at this link. A total of seven judges joined in that dissent.
Posted at 08:24 AM by Howard Bashman



"Chief Justice Roberts: Technology among top issues for court." Mike Tolson has this article today in The Houston Chronicle.
Posted at 08:17 AM by Howard Bashman


Wednesday, October 17, 2012

"The Single Word That Could Make or Break Obamacare: There's a simple question that could determine the success of the health care mandate -- but no one's asking the candidates." Online at The Atlantic, law professor Naomi Schoenbaum has an essay that begins, "Obamacare has been one of the yardsticks of Obama's term in office and one of the touchstones of the 2012 election. Last night's presidential debate was no exception, with health care reform mentioned at least half a dozen times. But an important piece of the discussion has been missing: is the health care law a tax or a penalty?"
Posted at 11:11 PM by Howard Bashman


"Reaping the Whirlwind": At the "Opinionator" blog of The New York Times, Linda Greenhouse has a post that begins, "On reading the transcript and listening to the audio of last week's Supreme Court argument in the University of Texas affirmative action case, my primary reaction was one of embarrassment -- for the court and also for Texas."
Posted at 11:05 PM by Howard Bashman


"Accused 9/11 architect wears hunting vest to Guantanamo court": Carol Rosenberg of The Miami Herald has a news update that begins, "The accused architect of the 9/11 attacks was allowed to wear a camouflaged vest to the war court Wednesday then, cloaked in the costume of a fellow combatant, lectured his Army judge on national security."

In Thursday's edition of The Wall Street Journal, Jess Bravin will have an article headlined "Interrogation Testimony At Issue in Terror Hearing."

Thursday's edition of The Los Angeles Times will contain an article headlined "Khalid Shaikh Mohammed lashes out at military court; At Guantanamo proceedings, the alleged Sept. 11 mastermind says Americans have killed 'millions' more than the nearly 3,000 who died in the 9/11 attacks."

The Washington Post has a news update headlined "Khalid Sheik Mohammed accuses U.S. of justifying murder, torture in name of security."

The Washington Times has a news update headlined "Accused 9/11 plotter rants at Guantanamo court."

Warren Richey of The Christian Science Monitor has an article headlined "9/11 cases: Khalid Sheikh Mohammed speaks in court, lectures judge; The accused 9/11 mastermind had skipped pretrial hearings at Guantanamo, but he made a surprise showing Wednesday afternoon and addressed the court; Khalid Sheikh Mohammed had some counsel for the judge."

Bloomberg News reports that "Mohammed Says U.S. Tortured in Name of National Security."

Reuters has a report headlined "Alleged 9/11 mastermind: America killed more people than hijackers did."

And The Associated Press reports that "Accused 9/11 plotter lectures military tribunal."

Charlie Savage of The New York Times has posted the transcript of Khalid Sheikh Mohammed's remarks today at this link.
Posted at 09:46 PM by Howard Bashman



"Supreme Court views not 'liberal or conservative'": The Associated Press has a report that begins, "The U.S. Supreme Court's top justice says people shouldn't think the high court makes decisions in terms of a liberal or conservative agenda."
Posted at 06:14 PM by Howard Bashman


"Appeals Court Backs School in Missouri Student-Speech Case": At the School Law" blog of Education Week, Mark Walsh has a post that begins, "A student web site containing racist and sexist content caused disruption at a Missouri high school and was likely not protected speech under the First Amendment, a federal appeals court has ruled."

You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 04:37 PM by Howard Bashman



"Many strict election laws blocked or delayed": Curt Anderson of The Associated Press has this report.
Posted at 04:05 PM by Howard Bashman


"Court weighs challenge to soot standards implementation": Lawrence Hurley of Greenwire has an article that begins, "Federal appeals court judges appeared skeptical today about U.S. EPA's argument that it is required under the Clean Air Act to use a less stringent implementation regime for fine particulates than it is for more coarse -- and less dangerous -- particles."
Posted at 03:57 PM by Howard Bashman


"Ecuador court deals Chevron fresh blow in pollution case": Reuters has this report.
Posted at 03:54 PM by Howard Bashman


Access live video online of today's event in Rice University's Centennial Lecture Series: "A Conversation With the Chief Justice." Details are available at this link. And you can access the live video via this link.

The conversation with Chief Justice John G. Roberts, Jr. is scheduled to begin at 4 p.m. eastern time.
Posted at 03:47 PM by Howard Bashman



"Robo-Calls Class Action Reinstated": Pamela A. MacLean has this post at her "Trial Insider" blog.

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 02:55 PM by Howard Bashman



"Vulture funds vs Mexico: It's on in $1 billion 5th Circuit appeal." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 02:36 PM by Howard Bashman


"Supreme Court halts turnover of secret IRA tapes": The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "British subpoenas blocked."
Posted at 02:35 PM by Howard Bashman



"Opponents make a mockery of courts: Vander Plaats group ignores 200 years of tradition." Today's edition of The Des Moines Register contains an editorial that begins, "Leaders of the campaign to unseat Iowa Supreme Court Justice David Wiggins have shifted their emphasis to a new argument: The 2009 decision striking down the state's marriage law was not only wrong but the court also went too far in ordering the state to issue marriage licenses to same-sex couples."
Posted at 01:20 PM by Howard Bashman


"Politics and the Courts": Today's edition of The New York Times contains an editorial that begins, "The winner of the presidential election will have scores of federal judgeships to fill and the chance to shape the courts -- even aside from potential Supreme Court vacancies should one or more of the current justices retire."
Posted at 11:34 AM by Howard Bashman


"Time, Pen and Paper, and Now the Ear of the Supreme Court": Adam Liptak has this new installment of his "Sidebar" column in today's edition of The New York Times.
Posted at 11:30 AM by Howard Bashman


"Court leaves in place Montana caps on campaign contributions": Reuters has a report that begins, "A federal appeals court on Tuesday ordered that a Montana law limiting campaign contributions to candidates for state office remain in effect at least through the general election in November."

And Bloomberg News reports that "Montana Ruling on Unlimited Campaign Contributions Blocked."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:33 AM by Howard Bashman



"Patent Trolls Be Gone: How to fix our broken system for stimulating invention." Seventh Circuit Judge Richard A. Posner has this essay online at Slate.

The essay is the second in a new Slate series titled "View From Chicago," in which "Richard and Eric Posner take turns weighing in."
Posted at 08:46 AM by Howard Bashman



"GOP DOMA defense closes in on $1.5 million": Carolyn Lochhead has this blog post online at The San Francisco Chronicle.
Posted at 08:40 AM by Howard Bashman


"Medical Marijuana Backers Ask Judges for Less Regulation": Tom Schoenberg of Bloomberg News has this report.

In today's edition of The Los Angeles Times, David G. Savage reports that "Medical marijuana advocates seek reclassification of drug; Plaintiffs urge a U.S. appeals court to require the government to take into account marijuana's medical value and reclassify the drug."

The San Francisco Chronicle reports today that "Pot backers advocate in federal court."

David Ingram of Reuters reports that "U.S. marijuana supporters try out new court strategy."

And The Associated Press reports that "Medical marijuana advocates want drug reclassified."
Posted at 08:37 AM by Howard Bashman



"Supreme Court Justice Elena Kagan to speak Friday at UT; Will speak as first Rose lecturer": This article appears today in The Knoxville News Sentinel.
Posted at 08:30 AM by Howard Bashman


"Will Privacy Go to the Dogs?" In today's edition of The New York Times, law professor Jeffrey A. Meyer has an op-ed that begins, "This Halloween, the United States Supreme Court will devote its day to dogs."
Posted at 08:27 AM by Howard Bashman


"State Supreme Court to hear Shale law challenge today": The Pittsburgh Post-Gazette has this news update.
Posted at 08:26 AM by Howard Bashman


"Justice, Philadelphia style: Scalia gets two parking tickets." This article appears today in The Philadelphia Inquirer.

And in related news, The Laramie Boomerang reports today that "UW books Supreme Court Justice visit."
Posted at 08:24 AM by Howard Bashman



Tuesday, October 16, 2012

"Louisiana Supreme Court dismisses role of politics, race in ruling on chief judge": John Simerman of The Times-Picayune of New Orleans has a news update that begins, "Louisiana Supreme Court Justice Bernette Johnson is legally entitled to be the court's next leader, the court ruled Tuesday in a unanimous decision, ending several months of legal and political rancor. Johnson is now set to become the state's first black chief justice."

And The Associated Press has a report headlined "After spat, La. to have 1st black chief justice."

You can access today's ruling of the Supreme Court of Louisiana at this link.

Update: In other coverage, Bloomberg News reports that "Louisiana Supreme Court to Get First Black Chief Justice."
Posted at 10:54 PM by Howard Bashman



"Kavanaugh Defies 'Partisan Shock Trooper' Label": Brent Kendall and Peter Landers have this post at WSJ.com's "Law Blog."
Posted at 03:10 PM by Howard Bashman


"Ideological balance on bench at stake as election approaches": Lawrence Hurley of Greenwire has this report.
Posted at 03:06 PM by Howard Bashman


"High court won't block early voting in Ohio": The Associated Press has this report.

Reuters reports that "Supreme Court denies Ohio's request to curtail early voting."

And at "SCOTUSblog," Lyle Denniston has a post titled "Ohio rebuffed on early voting."

You can access today's order of the U.S. Supreme Court at this link.

Update: In other coverage, Adam Liptak of The New York Times has a news update headlined "Justices Reject Appeal Over Early Voting in Ohio."

Robert Barnes of The Washington Post has a news update headlined "Supreme Court won't get involved in Ohio dispute; all must be allowed to vote early."

The Columbus Dispatch has a news update headlined "Supreme Court rejects Husted's early voting appeal."

The Cleveland Plain Dealer has a news update headlined "U.S. Supreme Court denies Ohio Secretary of State Jon Husted's appeal over early voting rules."

And The Cincinnati Enquirer has a news update headlined "Supreme Court OK's Ohio early voting."
Posted at 01:15 PM by Howard Bashman



"Shirley and Megan Phelps-Roper brought this First Amendment facial challenge to an ordinance adopted by the city of Manchester to regulate the time and place of picketing at funerals and burials." So begins an en banc ruling that the U.S. Court of Appeals for the Eighth Circuit issued today.

The second-to-last paragraph of today's ruling offers the following summary of the outcome:

We conclude that the Phelps-Ropers have not shown in their facial challenge to Manchester's amended ordinance that the city has imposed unconstitutional limits on the time, place, and manner of their picketing. Manchester only limits picketing and other protest activities within 300 feet of a funeral or burial service while it is occurring and for one hour before and after, and it survives First Amendment scrutiny because it serves a significant government interest, it is narrowly tailored, and it leaves open ample alternative channels for communication.
The original three-judge panel's ruling in this case had reached an opposite result. My earlier coverage of that ruling can be accessed here.

Update: In early news coverage, The Associated Press has a report headlined "Appeals court: Town can restrict funeral protests."
Posted at 11:27 AM by Howard Bashman



"Court throws out conviction of bin Laden driver": The Associated Press has this report.

Bloomberg News reports that "Osama bin Laden Driver Hamdan Wins Appeals Court Reversal."

And at "SCOTUSblog," Lyle Denniston has a post titled "Hamdan conviction overturned."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.

Update: In other coverage, Terry Baynes of Reuters reports that "Appeals court reverses bin Laden driver's conviction."

And Josh Gerstein of Politico.com has a blog post titled "Court overturns conviction of bin Laden driver."
Posted at 11:14 AM by Howard Bashman



"Supreme Court justice's car ticketed by Philly's Parking Authority": At the "Constitution Daily" blog of the National Constitution Center, Scott Bomboy has a post that begins, "The Supreme Court is the highest court in the land, but no justice, even Antonin Scalia, is apparently safe on the streets of Philadelphia when it comes to its Parking Authority."

Justice Antonin Scalia was in Philadelphia yesterday in connection with this event.
Posted at 11:08 AM by Howard Bashman



"Newest Minn. Supreme Court justice set to take oath in historic addition to state's high court": The Associated Press has this report.
Posted at 08:47 AM by Howard Bashman


"Court hears case on affirmative action": The Daily Tar Heel contains this article today.

The Harvard Crimson reports today that "Ed School Affiliates Argue for University of Texas."

The Stanford Daily contains an article headlined "Stanford administrators committed to affirmative action." Yesterday, Stanford University issued a news release headlined "Legal brief from Stanford, other universities to be considered in affirmative action case; Stanford and 13 other private universities have submitted an amicus brief as part of the Supreme Court's consideration of a high-profile university admissions case."

Yesterday's edition of The Daily Californian contains an article headlined "Affirmative Action: Student diversity impacted by race-neutral admissions policy."

Today's edition of The Daily Pennsylvanian contains an editorial entitled "Race matters, at least for now; Affirmative action is the only tried and true method to ensure diversity."

The Brown Daily Herald contains an editorial entitled "Alums, athletes and affirmative action."

In The Cavalier Daily, Sam Novack has an op-ed entitled "Admitting mistakes: The Supreme Court should overturn precedent by ruling that affirmative action merely perpetuates the inequalities it attempts to correct."

In The Houstonian, Taylor Likens has an op-ed entitled "UT Austin's affirmative action policy counterproductive, breeding casual racism."

And online at National Journal, Mee Moua has an essay entitled "Why Affirmative Action Is Still Needed in College Admissions."
Posted at 08:42 AM by Howard Bashman



"U.S. Supreme Court Justice Kagan to visit UT": This article appears today in The Daily Beacon, the student newspaper of the University of Tennessee.
Posted at 08:32 AM by Howard Bashman


"Court to hear arguments in Calif. clean fuels case": The Associated Press has a report that begins, "A federal appeals court will hear arguments in a case seeking to stop California's first-in-the-nation mandate requiring petroleum refiners and ethanol producers to make cleaner fuels for millions of cars and trucks in the state."
Posted at 08:24 AM by Howard Bashman


Monday, October 15, 2012

"Supreme Court balance hangs on election": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 10:34 PM by Howard Bashman


"No heat-sensing searches for pot operations, court says": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "The Georgia Supreme Court ruled Monday that state law enforcement cannot obtain search warrants to use thermal-imaging scans to detect indoor marijuana-growing operations. Georgia law allows for police to search for 'tangible evidence,' and heat patterns inside a home or garage do not fit that definition, the court said in a unanimous opinion."

You can access today's ruling of the Supreme Court of Georgia at this link.
Posted at 10:20 PM by Howard Bashman



"Justices To Review Voter Law In Arizona": Adam Liptak will have this article Tuesday in The New York Times.

In Tuesday's edition of The Los Angeles Times, David G. Savage will have an article headlined "Supreme Court will decide on Arizona voter ID law; The Supreme Court will weigh in on an anti-fraud provision that was adopted by the state in 2004 but struck down by a federal court."

Richard Wolf of USA Today has a news update headlined "State voting-law cases test Supreme Court's politics; State laws that make it tougher to register to vote or vote will provide a fresh test of the Supreme Court justices' political mettle."

The Arizona Republic has a news update headlined "Supreme Court to hear Ariz. voter-registration case."

Howard Fischer of The Arizona Daily Star has a news update headlined "Supreme Court to review voter ID law in Arizona, other states."

Warren Richey of The Christian Science Monitor reports that "Supreme Court to review Arizona law making would-be voters prove citizenship; Critics of the Arizona law argue that the state requirement clashed with the National Voter Registration Act; The US Supreme Court agreed to take up the case Monday."

Terry Baynes of Reuters reports that "Supreme Court to weigh Arizona voter registration case."

And Greg Stohr of Bloomberg News reports that "Voter Proof-of-Citizenship Law Gets Supreme Court Review."
Posted at 10:12 PM by Howard Bashman



"Retired U.S. justice prods Congress, candidates on gun control": David Ingram of Reuters has this report.
Posted at 09:35 PM by Howard Bashman


"Arlen Specter and the Supreme Court": Jeffrey Toobin has this blog post online at The New Yorker.
Posted at 09:32 PM by Howard Bashman


"Free Speech, Yellow Pages & Ryan Seacrest": At her "Trial Insider" blog, Pamela A. MacLean has a post that begins, "The 9th Circuit issued two First Amendment rulings Monday, holding in one that the Yellow Pages are fully protected by free speech rights, while billboards containing commercial messages are not."

You can access these two rulings that the U.S. Court of Appeals for the Ninth Circuit issued today here (Yellow Pages) and here (billboards).
Posted at 05:44 PM by Howard Bashman



"Is the new economy driving the Court's docket?" Ronald Mann has this post today at "SCOTUSblog."
Posted at 04:42 PM by Howard Bashman


"Sept. 11 Defendants Cooperate With Judge as Case Resumes": Charlie Savage of The New York Times has this news update.

And Carol Rosenberg of The Miami Herald has a news update headlined "9/11 accused cooperative at Guantanamo war court, earn right to skip hearings."
Posted at 04:13 PM by Howard Bashman



"Retired Justice Stevens Addresses Gun Rights Cases": C-SPAN has posted online the video at this link.
Posted at 04:12 PM by Howard Bashman


"Is the Supreme Court About To Swing Another Presidential Election? If the court cuts early voting in Ohio, it could be a difference maker in the Buckeye State." Richard L. Hasen, author of the "Election Law Blog," has this essay online at Slate.
Posted at 04:11 PM by Howard Bashman


"9/11 accused back at Guantanamo war court": Carol Rosenberg of The Miami Herald has this news update.
Posted at 12:20 PM by Howard Bashman


"New Jersey Case May Upend Home Loan Discrimination Rules": Carter Dougherty, Greg Stohr, and Terrence Dopp of Bloomberg News have this report.
Posted at 11:50 AM by Howard Bashman


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

Update: In early news coverage, The Associated Press reports that "Court will hear Ariz. case on voter registration."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on AZ voting law."
Posted at 09:40 AM by Howard Bashman



"'The Oath' by Jeffrey Toobin and 'America's Unwritten Constitution' by Akhil Reed Amar": This weekend in The Boston Globe, Mickey Edwards had a book review that begins, "When Ronald Reagan nominated federal Judge Robert Bork to fill a vacancy on the Supreme Court in 1987, my first reaction was generally positive: I was a Republican congressman, had a good relationship with Reagan (having been director of policy task forces for his 1980 presidential campaign), and was inclined to accept the president's choice."
Posted at 08:00 AM by Howard Bashman


"9/11 hearings to focus on secrecy, transparency; When pretrial hearings resume for those accused of planning the 9/11 attacks, a key issue is whether there will be any public testimony about their time in secret CIA detention": Carol Rosenberg of The Miami Herald has this report.

And The Associated Press reports that "Sept. 11 trial rules under scrutiny at Guantanamo."
Posted at 07:58 AM by Howard Bashman



"Supreme Court ruling on affirmative action could affect Princeton": This article appears today in The Daily Princetonian.

And today's edition of The Harvard Crimson contains an article headlined "Students Discuss Affirmative Action Case."
Posted at 07:36 AM by Howard Bashman



"Luck, Wealth, and Implications for Policy": Seventh Circuit Judge Richard A. Posner had this post yesterday at "The Becker-Posner Blog."
Posted at 07:26 AM by Howard Bashman


"Until Justice Is Served": In the Sunday Review section of yesterday's edition of The New York Times, filmmaker Errol Morris had an op-ed that begins, "The defendant, Jeffrey MacDonald, is 68 years old. "
Posted at 07:20 AM by Howard Bashman


Sunday, October 14, 2012

"Rethinking Affirmative Action": In the Sunday Review section of today's edition of The New York Times, David Leonhardt has this "Capital Ideas" essay.
Posted at 07:51 PM by Howard Bashman


"The judicial jihad against the regulatory state": Business columnist Steven Pearlstein of The Washington Post has this essay today in that newspaper.
Posted at 03:34 PM by Howard Bashman


"Arlen Specter, 82, Dies; Former Senator From Pennsylvania": The New York Times has posted online an obituary that begins, "Arlen Specter, the irascible senator from Pennsylvania who was at the center of many of the Senate's most divisive legal battles -- from the Supreme Court nominations of Robert H. Bork and Clarence Thomas to the impeachment of President Bill Clinton -- only to lose his seat in 2010 after quitting the Republican Party to become a Democrat, died Sunday morning at his home in Philadelphia. He was 82."
Posted at 02:50 PM by Howard Bashman


"Juvenile Killers and Life Terms: a Case in Point." Ethan Bronner has this front page article today in The New York Times.
Posted at 08:40 AM by Howard Bashman


"Under the U.S. Supreme Court: Will voter ID fight determine the election?" Michael Kirkland of UPI has this report.
Posted at 08:39 AM by Howard Bashman


Saturday, October 13, 2012

"Boy conceived after father's death not entitled to Social Security, court rules": Emiley Morgan had this article today in The Deseret News.

And in today's edition of The Salt Lake Tribune, Brooke Adams has an article headlined "No proof man wanted to be dad, justices say; Decisions are based on state laws that vary across the country."

You can access yesterday's ruling of the Supreme Court of Utah at this link.
Posted at 02:05 PM by Howard Bashman



"NJ asks Supreme Court to hear gift card case": The Associated Press has a report that begins, "New Jersey has petitioned the U.S. Supreme Court to hear a case that could help the government claim at least $15 million a year in unspent gift card revenue from retailers to help balance the state budget."
Posted at 01:55 PM by Howard Bashman


"Judge sets trial date for suspended Pa. SC Justice Orie Melvin": Legal Newsline has a report that begins, "A Pennsylvania judge has set a trial start date in the case of suspended state Supreme Court Justice Joan Orie Melvin."
Posted at 01:54 PM by Howard Bashman


"N.J. appeals court upholds dismissal of ex-girlfriend's lawsuit against Nets CEO": Today's edition of The Record of Bergen County, New Jersey contains an article that begins, "A Bergen County judge was right in dismissing a lawsuit by an Upper Saddle River woman who claimed that Nets CEO Brett Yormark deceived her into having an abortion, a state appeals court ruled Friday."

And The Associated Press has a report headlined "NJ court: woman can't sue Nets CEO after abortion."

You can access yesterday's unpublished ruling of the Superior Court of New Jersey, Appellate Division, at this link.
Posted at 09:54 AM by Howard Bashman



"Supreme Court notebook: Justices as campaign issue." Mark Sherman of The Associated Press has an article that begins, "A closely divided Supreme Court. Four justices in their 70s. Presidential candidates with dramatically different views of the ideal high court nominee."
Posted at 09:40 AM by Howard Bashman


Friday, October 12, 2012

"Florida Supreme Court justice calls politics a threat to legal system": This article will appear Saturday in The Tampa Bay Times.

The Daytona Beach News-Journal has an update headlined "Bench challenge: High court justice tours state trying to keep job."

And The Palm Beach Post has a news update headlined "Florida Supreme Court retention race unusually stressful, costly this election."
Posted at 11:37 PM by Howard Bashman



"Sanders, McCloud face off for Supreme Court": The Associated Press has this report from Seattle.
Posted at 11:34 PM by Howard Bashman


"Bookmarks: Jeffrey Toobin talks Supreme Court politics at Portland Arts & Lectures." This article appears today in The Oregonian.
Posted at 11:32 PM by Howard Bashman


"Alaska high court says private emails OK for state business": Reuters has this report.

And The Associated Press reports that "Alaska court says public business on private email still public."

You can access today's ruling of the Supreme Court of Alaska at this link.
Posted at 11:30 PM by Howard Bashman



"Brewer appoints Republican to state Supreme Court": The Arizona Republic has a news update that begins, "Gov. Jan Brewer has appointed Court of Appeals Judge Ann Scott Timmer to the Arizona Supreme Court. Timmer, 52 and a Republican, will fill the seat left vacant when Justice Andrew Hurwitz was appointed to the 9th U.S. Circuit Court of Appeals earlier this year."

And The Associated Press reports that "Brewer court pick wrote 2003 ruling on marriage."
Posted at 11:23 PM by Howard Bashman



"Supreme Court candidates struggle with each other, lack of voter interest": This article appears today in The News & Observer of Raleigh, North Carolina.
Posted at 11:22 PM by Howard Bashman


"Federal Circuit picks two smartphone winners: Samsung and Posner." Dan Levine has this report today at Alison Frankel's "On the Case" from Thomson Reuters News & Insight.
Posted at 05:28 PM by Howard Bashman


"Appeals court to consider DEA classification of marijuana": Michael Doyle of McClatchy Newspapers has this report.
Posted at 05:26 PM by Howard Bashman


Thursday, October 11, 2012

"Cheshire Killer Seeks Execution": Alaine Griffin of The Hartford Courant has this news update.
Posted at 05:20 PM by Howard Bashman


"When FOIA and the Commerce Clause collide": Erin Geiger Smith has this report today at Alison Frankel's "On the Case" from Thomson Reuters News & Insight.
Posted at 04:15 PM by Howard Bashman


"Do all patent-related malpractice suits belong in federal court?" Earlier this week, Alison Frankel's "On the Case" from Thomson Reuters News & Insight had this report.
Posted at 04:03 PM by Howard Bashman


In today's mail: A copy of "Obamacare on Trial," by law professor Einer Elhauge.
Posted at 03:52 PM by Howard Bashman


"Dear Justice Kennedy: Your Daughter Was My College Roommate; An open letter to a Supreme Court justice who may change the future of affirmative action." Susan Stellin has this essay online at The Atlantic.
Posted at 02:36 PM by Howard Bashman


"Appeals court reverses sales ban on Samsung smartphone": Reuters has this early report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today in Apple Inc. v. Samsung Electronics Co.

Update: In other coverage, Bloomberg News reports that "Samsung Can Sell Galaxy Nexus During Appeal, Court Rules."
Posted at 11:37 AM by Howard Bashman



"Justices Clash on Affirmative Action": Jess Bravin has this article today in The Wall Street Journal.

The Washington Times reports today that "Supreme Court weighs race-based college admissions in Texas case."

The Daily Texan reports that "Controversial affirmative action court case makes its way to Supreme Court."

Joan Biskupic of Reuters has a news analysis headlined "Justice Kennedy the key to campus affirmative action."

The Columbia Spectator reports that "Supreme Court hears arguments in affirmative action case; If the Court rules that affirmative action is unconstitutional--a real possibility, considering its composition--the decision would take effect immediately at Columbia and other institutions."

Online at The New Yorker, Jeffrey Toobin has a blog post titled "At the Supreme Court, a Timid Defense."

At Politico.com, Josh Gerstein has a blog post titled "Alito speaks up for Asian Americans."

And at the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "A looming threat to affirmative action."
Posted at 11:32 AM by Howard Bashman



Wednesday, October 10, 2012

"Affirmative Action at Colleges Questioned by High Court": Greg Stohr of Bloomberg News has this report.

The Austin American-Statesman has a news update headlined "Supreme Court grills UT, plaintiff on use of race in admissions."

The Houston Chronicle has news updates headlined "Supreme Court hears arguments on UT race case" and "Sweatt's family hears arguments in Supreme Court race-based admission case."

Todd J. Gillman of The Dallas Morning News has an update headlined "Supreme Court hears arguments over use of race in deciding University of Texas admissions."

Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court: In affirmative action arguments, conservative bloc seems united; The Supreme Court heard oral arguments Wednesday on an affirmative-action plan at the University of Texas, and Justice Anthony Kennedy, the likely swing vote, appeared skeptical."

The Texas Tribune reports that "Justices Take Aim at Key Question in UT-Austin Case."

This evening's broadcast of NPR's "All Things Considered" contained an audio segment featuring Nina Totenberg entitled "Court Questions University's Affirmative Action Plan."

And online at Slate, Emily Bazelon has a Supreme Court dispatch entitled "Between a Quota and a Hard Place: Is the Supreme Court ready to end affirmative action?"
Posted at 09:44 PM by Howard Bashman



"Supreme Court to Rule on Patents for Self-Replicating Products": David Kravets has this post today at Wired.com's "Threat Level" blog.
Posted at 09:35 PM by Howard Bashman


"Justice Ginsburg Throws Party While 120-Year-Old Parents Away For Weekend": The Onion has this report.
Posted at 05:56 PM by Howard Bashman


"Supreme Court showdown on affirmative action": Josh Gerstein of Politico.com has this report.
Posted at 05:52 PM by Howard Bashman


"Stored Communications Act Doesn't Reach Opened Webmails": At the "E-Commerce & Tech Law Blog" of Bloomberg BNA, Thomas O'Toole has a post that begins, "The South Carolina Supreme Court held today that opened email messages on a web-based email service provider are not protected by the federal Stored Communications Act."

You can access today's ruling of the Supreme Court of South Carolina at this link. Although all five justices agreed with the result, the decision does not contain a majority opinion.

Update: At "The Volokh Conspiracy," Orin Kerr has a post titled "South Carolina Supreme Court Creates Split With Ninth Circuit on Privacy in Stored E-Mails -- and Divides 2-2-1 on the Rationale."
Posted at 03:18 PM by Howard Bashman



"A Changed Court Revisits Affirmative Action in College Admissions": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court divided over affirmative action in college admissions."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court justices skeptical of affirmative action for college."

Richard Wolf and Mary Beth Marklein of USA Today have a news update headlined "Supreme Court weighs quotas in affirmative action case."

Michael Doyle of McClatchy Newspapers reports that "Supreme Court conservatives press affirmative action supporters to defend racial preferences."

And Terry Baynes of Reuters reports that "Supreme Court justices challenge Texas university race policy."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Fisher v. University of Texas at Austin, No. 11-345.
Posted at 02:25 PM by Howard Bashman



"U.S. court clears South Carolina voter ID law for 2013": David Ingram and Harriet McLeod of Reuters have this report on today's ruling of a three-judge court of the U.S. District Court for the District of Columbia.
Posted at 01:22 PM by Howard Bashman


"Top patent court to reconsider validity of financial software patents; Original ruling 'failed to follow the Supreme Court's instructions'": Timothy B. Lee has this blog post at Ars Technica.

You can access yesterday's order of the U.S. Court of Appeals for the Federal Circuit granting rehearing en banc at this link.
Posted at 01:18 PM by Howard Bashman



"Argument recap: Will Grutter be reshaped?" Lyle Denniston has this post at "SCOTUSblog."
Posted at 01:03 PM by Howard Bashman


"High court questions Texas affirmative action plan": The Associated Press has this report.

And at WSJ.com's "Washington Wire" blog, you can access coverage of the oral argument at this link.
Posted at 12:50 PM by Howard Bashman



"Appeals court reinstates campaign finance limits": The Associated Press has a report that begins, "The 9th U.S. Circuit Court of Appeals reinstated Montana's campaign donation limits, telling the federal judge who overturned it to outline his full reasoning so the panel can review the case."

You can access yesterday's order of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 12:40 PM by Howard Bashman



"Halftime report at Fisher Oral Argument": Kevin Russell has this post at "SCOTUSblog."
Posted at 12:27 PM by Howard Bashman


"What would Obama's Supreme Court look like?" Liz Goodwin has this post today at "The Ticket" blog of Yahoo! News.
Posted at 11:34 AM by Howard Bashman


"High court to hear biggest race case in six years": Tom Curry, NBC News national affairs writer, has this report.
Posted at 08:40 AM by Howard Bashman


"Justices Return To Affirmative Action In Higher Ed": This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 08:24 AM by Howard Bashman


"The Bingo Act's restrictions on the use of bingo proceeds for political advocacy are permissible conditions on a government subsidy and do not operate to penalize speech." So ruled a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit yesterday in a First Amendment challenge to limitations imposed under the Texas Bingo Enabling Act on how charities may use bingo proceeds.
Posted at 08:02 AM by Howard Bashman


Tuesday, October 9, 2012

"The Hidden Stakes of the Election": Today at the blog of The New York Review of Books, law professor Cass R. Sunstein has a post that begins, "It is not exactly news that there are big differences between judges chosen by Republican presidents and judges chosen by Democratic presidents. Of course the most visible differences involve constitutional law."
Posted at 11:15 PM by Howard Bashman


"Eyes on Justice Kennedy in Affirmative-Action Case": Jess Bravin will have this article Wednesday in The Wall Street Journal.
Posted at 11:11 PM by Howard Bashman


"Feds seek full court review of cigarette warnings": The Associated Press has this report.

And Bloomberg News reports that "FDA Seeks Reconsideration of U.S. Cigarette Label Ruling."

You can view the FDA's petition for rehearing en banc at this link.
Posted at 11:08 PM by Howard Bashman



Lawrence Hurley of Greenwire is reporting: In coverage of today's U.S. Supreme Court Order List, he has articles headlined "Justices steer clear of Chevron's $18B Ecuadorean pollution judgment" and "Justices won't hear Ala. Superfund dispute."
Posted at 10:48 PM by Howard Bashman


"Race and College Admissions, Facing a New Test by Justices": Adam Liptak has this article today in The New York Times.

In Wednesday's edition of USA Today, Richard Wolf will have an article headlined "Supreme Court to weigh in again on affirmative action."

Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court case on use of race in admissions could be landmark; The University of Texas at Austin admits some students based on a process that includes race as one factor -- even though the school is already racially diverse; The Supreme Court will consider whether that process is justified." And Stacy Teicher Khadaroo has an article headlined "Supreme Court: If affirmative action is banned, what happens at colleges? Nine states have tried to achieve campus diversity through other means, with mixed results; On Wednesday, the Supreme Court takes up an affirmative action case from the University of Texas at Austin."

Ariane de Vogue of ABC News reports that "Supreme Court to Hear Case Brought by White Student Who Claims Race Cost Her Admission to UT."

The San Antonio Express-News has an update headlined "Supreme Court to hear case against UT's race-conscious admissions."

Terry Baynes of Reuters has a report headlined "Preview: Is Supreme Court set to end use of race in admissions?"

This evening's broadcast of NPR's "All Things Considered" contained audio segments entitled "Supreme Court To Take Up Affirmative Action Case"; "At U. Of Texas, A Melting Pot Not Fully Blended"; and "How Does Affirmative Action Impact Colleges?"

At "SCOTUSblog," Lyle Denniston has a post titled "Argument preview: Is affirmative action about to end?"

At WSJ.com's "Washington Wire" blog, Jess Bravin and Sara Murray have a post titled "Romney Stays Away From Affirmative Action Case."

In today's edition of The Los Angeles Times, Lee C. Bollinger and Claude M. Steele have an op-ed entitled "A high-stakes battle for higher education: The Supreme Court should recognize that we all benefit from affirmative action in college admissions."

At the "Defining Ideas" site of the Hoover Institution, law professor Richard A. Epstein has an essay entitled "The Affirmative Action Quagmire: Rather than place restrictions on race-based preferences, the Supreme Court should let colleges run themselves."

Online at Slate, Emily Bazelon has a jurisprudence essay entitled "Rage or Justice: The complicated emotions behind the Supreme Court's upcoming argument on affirmative action."

And online at The Atlantic, Andrew Cohen has an essay entitled "How Affirmative Action Shaped the Current Supreme Court: Tomorrow's case may put an end to the policy at U.S. universities; But its personal impact on the careers of several of the justices could hardly be more pronounced."
Posted at 10:32 PM by Howard Bashman



"Federal Circuit: Congress can't renege on pay promises to judges." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 09:48 PM by Howard Bashman


Programming note: Additional posts will not appear here until this evening.

Once the U.S. Supreme Court posts its Order List online shortly after 9:30 a.m. eastern time today, you can access it via this link. And you can access timely coverage of the Order List from "SCOTUSblog."
Posted at 08:51 AM by Howard Bashman



Monday, October 8, 2012

"Justices Face a Test on Race; A University of Texas Admissions Policy Aims to Help High-Scoring Minorities": Jess Bravin will have this article Tuesday in The Wall Street Journal.
Posted at 08:42 PM by Howard Bashman


"Jeffrey Toobin: Don't Expect 'New' Or 'Moderate' John Roberts After Health Care Ruling." TPM DC has this report.
Posted at 02:33 PM by Howard Bashman


"High court looks at race in college admissions": Mark Sherman of The Associated Press has this report.
Posted at 02:11 PM by Howard Bashman


"Plaintiffs assail Va. public-records law on 2 fronts": Tony Mauro has this report online at the First Amendment Center.
Posted at 01:02 PM by Howard Bashman


Sunday, October 7, 2012

"Supreme Court to take up UT admission case": This article will appear Monday in The Houston Chronicle.
Posted at 11:07 PM by Howard Bashman


"Supreme Court receives outpouring of conflicting views on affirmative action": Robert Barnes will have this article Monday in The Washington Post.
Posted at 08:57 PM by Howard Bashman


"Supreme Court candidates with similar passions stress their differences; Longtime attorney Sheryl Gordon McCloud and former Justice Richard Sanders are battling for an open seat on the state Supreme Court; McCloud says she has the right judicial temperament for the job, while Sanders says he has more experience": Friday's edition of The Seattle Times contained this article.
Posted at 03:32 PM by Howard Bashman


"Georgia high court may weigh in on 'Girls Gone Wild' case": This article appeared Thursday in The Atlanta Journal-Constitution.

And a related article from Atlanta's WSB-TV Action News 2 is headlined "Woman takes case against Girls Gone Wild to Supreme Court."
Posted at 03:30 PM by Howard Bashman



"Major victory -- and pay raises -- for U.S. judges": Lyle Denniston has this post today at "SCOTUSblog."

My earlier coverage of Friday's en banc Federal Circuit ruling appears at this link.
Posted at 01:20 PM by Howard Bashman



"California has chance to change Three Strikes, repeal death penalty": Tracey Kaplan and Howard Mintz have this article today in The San Jose Mercury News.
Posted at 01:16 PM by Howard Bashman


"Super sweet letter from Justice Sonia Sotomayor. Supreme Court Judge extraordinaire!" Chef Kyle Bailey of the restaurant Birch & Barley has this tweet and accompanying photograph.
Posted at 01:09 PM by Howard Bashman


"Under the U.S. Supreme Court: Affirmative action again on trial." Michael Kirkland of UPI has this report.

And in today's edition of The Los Angeles Times, Richard Sander and Stuart Taylor Jr. have an op-ed entitled "Do race preferences help students? There's evidence that many students don't thrive in colleges for which they're far less prepared than their fellow students."
Posted at 12:54 PM by Howard Bashman



Saturday, October 6, 2012

"High court to hear arguments on UT's consideration of race in admissions": This article appears today in The Austin American-Statesman.

The Associated Press has a report headlined "'Critical mass' key to affirmative action case."

Stateline reports that "Affirmative Action Gets a Hearing."

Paul Barrett of BloombergBusinessweek has an article headlined "The Corporate Case for Affirmative Action."

Yesterday's edition of The Harvard Crimson contained an article headlined "Attorney Speaks On Harvard Amicus Brief."

In tomorrow's edition of The New York Times, Lincoln Caplan will have an Editorial Observer essay entitled "Colleges Value Diversity, but Will the Court?" And in yesterday's edition of that newspaper, Thomas J. Espenshade had an op-ed entitled "Moving Beyond Affirmative Action."

And in yesterday's edition of The Wall Street Journal, Gerald Walpin had an op-ed entitled "Race and the Law at the Supreme Court: With Fisher v. University of Texas, the court has a chance to do the right thing--end the use of racial preferences." You can freely access the full text of the op-ed via Google News.
Posted at 10:00 PM by Howard Bashman



"Fla. Supreme Court justices fight back to retain seats; Florida's Supreme Court justices have learned the art of brass knuckle politics as a merit retention fight heats up": The Miami Herald has this report.
Posted at 09:46 PM by Howard Bashman


"Judges Rule for Judges on Pay": Brent Kendall has a post today at WSJ.com's "Law Blog" that begins, "Refereeing a remarkable dispute between the judiciary and Congress, a divided federal appeals court ruled late Friday afternoon that lawmakers violated the Constitution by blocking cost-of-living salary increases for federal judges."

You can access yesterday's en banc ruling of the U.S. Court of Appeals for the Federal Circuit at this link.
Posted at 10:15 AM by Howard Bashman



Friday, October 5, 2012

"Canada's newest Supreme Court judge pitches his street smarts": In today's edition of The Toronto Globe and Mail, Kirk Makin has an article that begins, "The country's newest Supreme Court of Canada judge, Mr. Justice Richard Wagner, turned inexperience into a virtue on Thursday, telling a parliamentary committee that he will bring to the top court a practising lawyer's sense of street savvy."
Posted at 08:54 PM by Howard Bashman


"US court mulls Arabic flashcards, Pa. airport stop": The Associated Press has a report that begins, "A college student handcuffed at Philadelphia International Airport for several hours over Arabic language flashcards asked a U.S. appeals court Friday to let him pursue his lawsuit against five federal agents."
Posted at 07:50 PM by Howard Bashman


"Supreme Court Justice's Son Bids For California Statehouse Seat": BuzzFeed Politics has a report that begins, "The son of Supreme Court Justice Stephen Breyer, a leader of the court's liberal wing, is in a tough race for California State Assembly in San Francisco."

You can view Michael Breyer's campaign web site at this link.
Posted at 07:44 PM by Howard Bashman



"Obama administration asks Supreme Court to rule on generic-drug delays": This article appears today in The Washington Post.

And Alison Frankel's "On the Case" from Thomson Reuters News & Insight has a report headlined "FTC cert petition puts SCOTUS in pay-for-delay pickle."
Posted at 07:32 PM by Howard Bashman



"Florida Supreme Court judges fight for their jobs": Reuters has a report that begins, "Facing unprecedented political opposition, three Florida Supreme Court justices are fighting back against Republicans and conservative activists seeking to change the balance in the state's highest court by getting voters to fire them."
Posted at 07:22 PM by Howard Bashman


"Analysis: Republicans lead Obama in war for judicial dominance." Joan Biskupic of Reuters has this report.
Posted at 02:33 PM by Howard Bashman


"Court grants 7 new cases": Lyle Denniston has this post at "SCOTUSblog."

You can access today's Order List of the U.S. Supreme Court at this link.

In early news coverage, The Associated Press has a report headlined "Court: Can Va. keep out-of-staters from using FOI?"
Posted at 01:28 PM by Howard Bashman



"North Bergen shock jock released from prison": NorthJersey.com has a news update that begins, "Harold 'Hal' Turner, the incendiary Internet radio shock jock and former national security confidential source for the FBI, walked out of a halfway house in Newark this morning after serving nearly three years in prison for threatening federal judges."
Posted at 12:22 PM by Howard Bashman


"Symposium Revisits Landmark Student-Speech Cases": Mark Walsh of Education Week has this report (pass-through link).
Posted at 12:07 PM by Howard Bashman


"Scalia says abortion, gay rights are easy cases": Mark Sherman of The Associated Press has this report.
Posted at 12:03 PM by Howard Bashman


"The New Price of American Politics": This lengthy profile of attorney James Bopp Jr. appears in the October 2012 issue of The Atlantic magazine.

And online at Slate, Jon Campbell has a jurisprudence essay entitled "James Bopp Jr. Gets Creative: How does the conservative maestro of campaign finance fund his legal work?"
Posted at 11:58 AM by Howard Bashman



Thursday, October 4, 2012

"Supreme Court Questions Federal Government's Narrow Reading of the Takings Clause": Damon W. Root has this blog post online at Reason.
Posted at 07:50 PM by Howard Bashman


"Retired justice revisits Fla. beach protection case": Lawrence Hurley of Greenwire has this report.

You can access at this link the prepared text of the remarks that retired Justice John Paul Stevens delivered yesterday.
Posted at 07:48 PM by Howard Bashman



"Montana Judge, Author of Racist Email About Obama, to Take Senior Status": Matthew Huisman has this post at "The BLT: The Blog of Legal Times."
Posted at 05:04 PM by Howard Bashman


"Lawsuit over Thomas Jefferson's wine too late, U.S. court finds": Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 03:37 PM by Howard Bashman


"Author describes new book that goes behind the scenes of the Supreme Court": Del Quentin Wilber has this blog post online at The Washington Post. Among the questions that author Jeffrey Toobin addresses in the interview is "Roberts vs. Obama in a cage-fighting match. Who wins?"
Posted at 11:57 AM by Howard Bashman


Eighth Circuit upholds dismissal of challenge to Affordable Care Act's individual mandate provision for lack of standing: You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit, in a lawsuit brought by a group of plaintiffs including the Lieutenant Governor of Missouri (in his personal capacity), at this link.
Posted at 11:25 AM by Howard Bashman


"Circuit Split Watch: Earning a Return on Seized Money." Michelle Olsen has this post today at her "Appellate Daily" blog.
Posted at 10:56 AM by Howard Bashman


"Book Case: Understanding Justice William Rehnquist." Joseph Schuman of Reuters has an essay that begins, "The William Rehnquist of John Jenkins's new biography is the same rigid, reactionary and arguably racist jurist hated by liberals and loved by conservatives during his three decades on the Supreme Court and 19 years leading it. But Jenkins's 'The Partisan: The Life of William Rehnquist' breaks new ground by unearthing the roots of Rehnquist's judicial dogma."
Posted at 09:10 AM by Howard Bashman


"Supreme Court asks for review of LU's challenge to healthcare act": This article appears in today's edition of The News & Advance of Lynchburg, Virginia.
Posted at 07:56 AM by Howard Bashman


"Your right to resell your own stuff is in peril; It could become illegal to resell your iPhone 4, car or family antiques": At MarketWatch, Jennifer Waters has an essay that begins, "Tucked into the U.S. Supreme Court's busy agenda this fall is a little-known case that could upend your ability to resell everything from your grandmother's antique furniture to your iPhone 4."
Posted at 07:54 AM by Howard Bashman


"The Federal Circuit, Not the Supreme Court, Legalized Software Patents": Timothy B. Lee has this blog post at Forbes.com.
Posted at 07:52 AM by Howard Bashman


"Visit from Supreme Court official results in gift of WWII memento for Pittsburg veteran, fly fishing expert": Today's edition of The Contra Costa Times contains an article that begins, "Most attorneys dream of one day making an impression on the nation's highest court. Clark Strickland, a World War II veteran and fly-fishing expert, has done that without cracking open a law book. It all started when Jeffrey Minear, counselor to Chief Justice John Roberts, came in to the San Francisco Orvis fly-fishing store where Strickland works."
Posted at 07:51 AM by Howard Bashman


Wednesday, October 3, 2012

"Justices Press Lawyers for Broad Solutions": Adam Liptak will have this article Thursday in The New York Times.
Posted at 11:22 PM by Howard Bashman


"Study: Race-neutral admissions can work." The Associated Press has a report that begins, "As the Supreme Court revisits the use of race in college admissions next week, critics of affirmative action are hopeful the justices will roll back the practice. A new report out Wednesday offers a big reason for their optimism: evidence from at least some of the nine states that don't use affirmative action that leading public universities can bring meaningful diversity to their campuses through race-neutral means."

And online at Slate, Emily Bazelon has a jurisprudence essay entitled "Tell Slate Your Affirmative Action Story: The Supreme Court is about to hear a huge case on race-conscious college admissions; How has this issue affected you?"
Posted at 11:04 PM by Howard Bashman



"Supreme Court: Must government pay compensation for dam's temporary flooding?" Robert Barnes will have this article Thursday in The Washington Post.

And Michael Doyle of McClatchy Newspapers reports that "Supreme Court wades into flood-control compensation argument."
Posted at 09:00 PM by Howard Bashman



"Are class action lawyers in Arkansas snubbing SCOTUS (and CAFA)?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has a report that begins, "Over the summer, the justices of the U.S. Supreme Court made one of the most improbable grants of certiorari you will ever see."
Posted at 08:35 PM by Howard Bashman


"Sept. 11 defense lawyers seek delay, blame rats; Lawyers for the alleged 9/11 mastermind said Wednesday that their offices at Guantanamo are a health hazard and that a proposed prosecution alternative is too cramped": Carol Rosenberg of The Miami Herald has this news update.
Posted at 08:32 PM by Howard Bashman


"Supreme Court weighs federally created floods": Jonathan Stempel of Reuters has this report.

And Lawrence Hurley of Greenwire reports that "Justices consider Ark. claim against Army Corps."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Arkansas Game and Fish Comm'n v. United States, No. 11-597.

Update: At "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: 'Trust us' as a legal standard."
Posted at 04:05 PM by Howard Bashman



"2nd Circuit drops hint: Morrison may limit reach of criminal laws." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 03:57 PM by Howard Bashman


"Bigger bucks come to Supreme Court clerks who wait": Reynolds Holding and Richard Beales have an essay online at Reuters Breakingviews that begins, "Bigger bucks come to Supreme Court clerks who wait. Top U.S. law firms are offering $280,000 signing bonuses to lure the young attorneys who work with America's nine top judges. But many do stints with the government first. A new Breakingviews calculator shows how that path can be financially smarter over the long run."
Posted at 02:44 PM by Howard Bashman


"Vitro to Ask U.S. Court to Enforce Mexican Reorganization": Bloomberg News has this report previewing a case scheduled for oral argument today in the U.S. Court of Appeals for the Fifth Circuit.
Posted at 10:42 AM by Howard Bashman


"Argument preview: What does a court's silence mean?" Lyle Denniston has this post at "SCOTUSblog."
Posted at 09:03 AM by Howard Bashman


"Analysis: How opponents held back the U.S. voter ID tide." Andrew Longstreth of Reuters has this report.
Posted at 09:02 AM by Howard Bashman


"Statesman's heirs wrest historic papers from NC": The Associated Press has a report that begins, "Descendants of one of the first U.S. Supreme Court justices won a legal fight Tuesday against the state of North Carolina over ownership of their ancestor's historic papers, which could be worth millions."

You can access yesterday's ruling of the Court of Appeals of North Carolina at this link.
Posted at 08:57 AM by Howard Bashman



"Harper nominates Quebec judge Wagner to Supreme Court": Kirk Makin has this article today in The Toronto Globe and Mail.

And The Montreal Gazette reports that "Wagner has presided over important Quebec cases."
Posted at 08:24 AM by Howard Bashman



Tuesday, October 2, 2012

"Another Scalia Vexes Regulators": This article will appear Wednesday in The Wall Street Journal.

You can freely access the full text of the article via Google News.
Posted at 09:30 PM by Howard Bashman



"Wire Tapping, Gay Marriage On SCOTUS Docket": This audio segment featuring David G. Savage of The Los Angeles Times appeared on today's broadcast of NPR's "Talk of the Nation."
Posted at 08:07 PM by Howard Bashman


"Justice Scalia Speaks About 'Reading Law' at D.C. FedSoc Event": You can access this recap of today's event at the "FedSoc Blog."
Posted at 07:36 PM by Howard Bashman


"Was Hitler a pirate? Answer may shape SCOTUS Kiobel decision." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 07:33 PM by Howard Bashman


"Argument preview: Duty to pay for flooding." Lyle Denniston has this post at "SCOTUSblog."
Posted at 06:15 PM by Howard Bashman


"G.O.P. Aims to Remake Florida Supreme Court": This article will appear Wednesday in The New York Times.
Posted at 05:40 PM by Howard Bashman


"Gay Marriage's Ballot Test": Jeffrey Toobin has this blog post online at The New Yorker.
Posted at 04:30 PM by Howard Bashman


"Court extends stop on order blocking indefinite detention law": Josh Gerstein of Politico.,com has this blog post reporting on an order that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 04:00 PM by Howard Bashman


"Court: Can gov't be sued for credit card mistakes?" The Associated Press has a report that begins, "The Supreme Court is questioning whether the federal government can be sued for violating federal credit card laws that ban the printing of credit card numbers and expiration dates on receipts."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in United States v. Bormes, No. 11-192.

Update: In other coverage, Jonathan Stempel of Reuters reports that "Supreme Court weighs U.S. liability under credit reporting law."
Posted at 02:35 PM by Howard Bashman



"Fla. justices question law license for immigrant": The Associated Press has a report that begins, "Most of the Florida Supreme Court justices appear skeptical of granting a law license to an illegal immigrant."

Update: In other coverage, Reuters reports that "Florida weighs case of illegal immigrant who passed bar exam."
Posted at 02:30 PM by Howard Bashman



"2011 Major Opinion Announcements Posted": According to this post at the Oyez site, yesterday the U.S. Supreme Court released the audio of that Court's opinion announcements for the 2011 Term.

The audio of the opinion announcements in the Affordable Care Act cases consists of three parts: Chief Justice John G. Roberts, Jr.; Justice Ruth Bader Ginsburg; and Justice Anthony M. Kennedy.
Posted at 12:03 PM by Howard Bashman



Majority on partially divided Sixth Circuit panel rejects various of Planned Parenthood's challenges to an Ohio law regulating the abortion-inducing medication known as RU-486: You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 10:14 AM by Howard Bashman


Today's Pennsylvania Commonwealth Court voter ID ruling is now available online: You can access the ruling at this link.

Update: In early news coverage, The Associated Press reports that "Judge halts Pa.'s tough new voter ID requirement."

Bloomberg News reports that "Pennsylvania Judge Bars Voter-ID Law for 2012 Election."

And Reuters reports that "Judge halts Pennsylvania's controversial voter ID law."
Posted at 09:42 AM by Howard Bashman



"Superior Court to Begin Posting Unpublished Memorandums": In today's edition of Pennsylvania Law Weekly, Zack Needles has an article that begins, "The state Superior Court will begin posting all unpublished memorandum decisions on its website in the 'very near future,' according to President Judge Correale F. Stevens."

You can access the article, in which I am quoted, at this link.
Posted at 09:30 AM by Howard Bashman



"Supreme Court meets under a shadow": Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:55 AM by Howard Bashman


"As Scalia Falters, Will Alito Fill the Void on the Right? Uncle Nino's 'originalism' looks back, because the past is good; young Sam Alito looks forward, out of fear the future will be bad." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 08:54 AM by Howard Bashman


"Florida justices hearing immigrant lawyer case": The Associated Press has a report that begins, "The Florida Supreme Court is hearing oral arguments about whether an illegal immigrant can be granted a law license. The case will be heard Tuesday."

The oral argument is scheduled to begin at 9 a.m. eastern time today, and you can view the oral argument live, online via this link.
Posted at 08:52 AM by Howard Bashman



"Supreme Court ponders U.S. lawsuits over corporate abuses committed abroad": Robert Barnes has this article today in The Washington Post.
Posted at 08:47 AM by Howard Bashman


Monday, October 1, 2012

In very sad news from New Haven: The Connecticut Post reports that "Mark R. Kravitz, federal judge, dies at 62."

And The Connecticut Law Tribune reports that "U.S. District Judge Mark Kravitz Passes Away; Well-respected jurist dies of ALS at age 62."
Posted at 10:07 PM by Howard Bashman



"Supreme Court weighs whether Lozman's houseboat in Riviera Beach was a vessel": The Palm Beach Post has this news update.
Posted at 09:18 PM by Howard Bashman


"Justices Begin Term by Hearing Case Again": 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 weighs whether foreign victims can sue in U.S."

In Tuesday's edition of The Wall Street Journal, Jess Bravin will have an article headlined "Justices Probe 'Alien Tort' Law; Some Question Whether Statute Should Apply to Wrongs Committed Overseas." You can freely access the full text of the article via Google News.

And Warren Richey of The Christian Science Monitor has an article headlined "At Supreme Court: Can US courts be venue for human rights cases from abroad? On Day 1 of its term, the US Supreme Court heard a case involving allegations by 12 Nigerians that a foreign oil firm abetted human rights abuses in Nigeria 20 years ago; Alien Tort Statute, originally aimed at allowing legal action against pirates, lies at heart of the case."
Posted at 09:15 PM by Howard Bashman



"The Most Conservative Supreme Court": Lincoln Caplan has this blog post online at The New York Times.
Posted at 09:08 PM by Howard Bashman


"High court spotlight misses First Amendment": Tony Mauro has this essay online at the First Amendment Center.
Posted at 09:03 PM by Howard Bashman


"Supreme Court Weighs Major Human-Rights Case": Nina Totenberg had this audio segment on this evening's broadcast of NPR's "All Things Considered."

Earlier, on today's broadcast of "Morning Edition," Totenberg had an audio segment entitled "High Court Preps For Another Headline-Making Term."
Posted at 08:10 PM by Howard Bashman



"Supreme Court to decide if town's destruction of floating home was all wet": Michael Doyle of McClatchy Newspapers has this report.
Posted at 08:00 PM by Howard Bashman


"Stop Pagination Now: Why websites should not make you click and click and click for the full story." Farhad Manjoo has this essay online at Slate.
Posted at 07:28 PM by Howard Bashman


"Argument recap: If it floats, so what?" Lyle Denniston has this blog post at "SCOTUSblog."

And at WSJ.com's "Law Blog," Brent Kendall has a post titled "I'm on a Boat! (Or Maybe I'm Not)."
Posted at 05:12 PM by Howard Bashman



"Supreme Court Debates Whether US Courts Can Take Human Rights Cases Overseas": Ariane de Vogue of ABC News has this blog post.

And online at Slate, Emily Bazelon has a jurisprudence essay entitled "Torture Inc.: The Supreme Court term begins with a knotty human rights claim against big oil."
Posted at 05:07 PM by Howard Bashman



"Court: Child porn victims can get restitution." The Associated Press has a report that begins, "Child pornography victims can recover money from people convicted of viewing their abuse without having to show a link between the crime and their injuries, a federal appeals court ruled Monday. The decision conflicts with rulings by several other federal circuits, possibly setting the stage for a Supreme Court challenge."

You can access today's en banc ruling of the U.S. Court of Appeals for the Fifth Circuit in In re: Amy Unknown at this link.
Posted at 04:53 PM by Howard Bashman



"Smile for the Camera: The long lost photos of the Supreme Court at work--and what they reveal." Law professor Sonja West has this jurisprudence essay online at Slate.
Posted at 04:18 PM by Howard Bashman


"Aging Supreme Court justices may open seats for next president": Michael Doyle of McClatchy Newspapers has this report.
Posted at 04:13 PM by Howard Bashman


"Justices weigh human rights claims against Shell": Lawrence Hurley of Greenwire has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: In search of an ATS compromise."
Posted at 03:30 PM by Howard Bashman



"5th U.S. Circuit Court of Appeals gets first black chief judge": The Associated Press has this report.

And at the "Tex Parte Blog" of Texas Lawyer, John Council has a post titled "Scarlet robe handed down to 5th Circuit's new chief judge, a friend of the late jurist who originated the tradition."
Posted at 02:30 PM by Howard Bashman



"Court seems unclear on house versus boat question": The Associated Press has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Lozman v. Riviera Beach, No. 11-626.
Posted at 02:22 PM by Howard Bashman



"High court begins new term with human rights case": Mark Sherman of The Associated Press has this report.

Jonathan Stempel of Reuters reports that "Supreme Court may narrow law in human rights cases."

And Greg Stohr of Bloomberg News reports that "Human-Rights Suits May Be Limited in Top Court Shell Case."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Kiobel v. Royal Dutch Petroleum Co., No. 10-1491.
Posted at 02:17 PM by Howard Bashman



"Health Care Case Is Seen as Helping Law but Hurting Court": Adam Liptak will have this new installment of his "Sidebar" column Tuesday in The New York Times.
Posted at 01:54 PM by Howard Bashman


Eighth Circuit opinion issued today contains helpful chart listing details of "Eighth Circuit cases on the constitutionality of punitive damages after BMW of North America, Inc. v. Gore": You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link. In the decision, the Eighth Circuit also holds that a religious organization's acts of beating and threatening of people are not protected by the First Amendment.
Posted at 11:20 AM by Howard Bashman


"Human rights in focus at U.S. Supreme Court": Jonathan Stempel of Reuters has this report.
Posted at 09:44 AM by Howard Bashman


Access online today's Order List of the U.S. Supreme Court: The Court has posted today's 88-page Order List at this link. The Court did not grant review in any new cases, but the Court did request the views of the Solicitor General in three cases.

In early news coverage, The Associated Press reports that "High court rejects Wash. top-2 primary appeal"; "Court won't get involved in Minn. elections fight"; "Court won't hear anti-gay marriage group appeal"; "Court won't hear challenge in Neb. abortion case"; "High court rejects challenge to roadless rule"; and "High court won't hear wife's appeal in murder case."

And at "SCOTUSblog," Lyle Denniston has a post titled "New look at health care?"
Posted at 09:33 AM by Howard Bashman



"Class-Action Lawyers Face Triple Threat At Supreme Court": Daniel Fisher has this blog post at Forbes.com.
Posted at 08:45 AM by Howard Bashman


"How a rogue appeals court wrecked the patent system: Federal Circuit Appeals Court marks 30 years of spreading the 'patent gospel.'" Timothy B. Lee has this blog post at "Ars Technica."
Posted at 08:33 AM by Howard Bashman


"President Barack Obama has heavily influenced federal courts in Bay Area": Howard Mintz has this Ninth Circuit-related article today in The San Jose Mercury News.
Posted at 08:32 AM by Howard Bashman


"Floating home or vessel? South Florida man's case going before U.S. Supreme Court; U.S. Supreme Court will hear a S. Fla. case whose outcome will have wide implications for those who live and work on the water." The Miami Herald has this report.
Posted at 08:30 AM by Howard Bashman


"Court Weighs Same-Sex to Race-Related Laws Following Obamacare": Greg Stohr of Bloomberg News has this report.
Posted at 08:10 AM by Howard Bashman


"Will court open with bad blood? Last term ended with contentious health care ruling; But justices won't let animosity, as with Congress, infect them," Tony Mauro has this op-ed today in USA Today.
Posted at 07:30 AM by Howard Bashman


"Lord Neuberger to be sworn in as new Supreme Court President": The Supreme Court of the United Kingdom issued this news release today.
Posted at 07:28 AM by Howard Bashman


"Another Big Supreme Court Term On The Docket": Yesterday's broadcast of NPR's "Weekend Edition Sunday" contained this audio segment featuring Nina Totenberg.

And the start of the U.S. Supreme Court's October Term 2012 marks the tenth anniversary of "SCOTUSblog."
Posted at 07:26 AM by Howard Bashman



"Election's winner may shape Supreme Court; Vacancies likely within next 4 years": This article appears today in The Boston Globe.

And Bill Mears of CNN.com has items headlined "Supreme Court possibilities if Obama is reelected" and "Supreme Court possibilities if Romney wins election."
Posted at 07:20 AM by Howard Bashman







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