How Appealing

Friday, November 30, 2012

"Supreme Court delays decision on taking up gay marriage cases": David G. Savage of The Los Angeles Times has this news update.

And Bob Egelko of The San Francisco Chronicle has a news update headlined "No word from court on same-sex marriage."
Posted at 11:25 PM by Howard Bashman



"Supreme Court to Look at a Gene Issue": Adam Liptak will have this article Saturday in The New York Times.

And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Supreme Court to Decide if Human Genes Are Patentable."
Posted at 11:14 PM by Howard Bashman



"In child sex-trafficking case, court says no knowledge of age needed": Reuters has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 05:14 PM by Howard Bashman


"US appeals court stays affirmative action ruling": The Associated Press has a report that begins, "The ruling that ended Michigan's ban on affirmative action in college admissions was put on hold Friday until the U.S. Supreme Court decides to hear an appeal by the state's attorney general."

And in other coverage, The Michigan Daily reports that "Schuette appeals Proposal 2 decision to U.S. Supreme Court."
Posted at 04:58 PM by Howard Bashman



"Justice Hathaway, husband deny bank fraud allegations": The Detroit News has this update.

And The Detroit Free Press has a news update headlined "Justice Diane Hathaway, husband deny committing real estate fraud."

You can view the answer filed today to the federal government's forfeiture complaint at this link.
Posted at 04:50 PM by Howard Bashman



"J&J Wins Reversal of $1.1 Million Levaquin Punitive Award": Bloomberg News has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit issued today.
Posted at 04:42 PM by Howard Bashman


"Obama Recess Appointments Face First Appeals Court Test": Bloomberg News has this report.

And The Associated Press reports that "Court hears challenge to Obama appointments."

You can access the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit via this link (6.5 MB mp3 audio file).
Posted at 04:05 PM by Howard Bashman



"No action on same-sex marriage": Lyle Denniston has this post today 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 generic makers be sued for drug flaws?"

Bloomberg News reports that "Gay-Marriage Action Deferred by U.S. Supreme Court"; "Gene Patents Draw High Court Review in Biotechnology Test": and "Generic-Drug Makers Get Top Court Review on Patient Suits."

Terry Baynes of Reuters reports that "High court makes no announcement on gay marriage." Jonathan Stempel of Reuters reports that "Top Court to decide if human genes patentable." And Terry Baynes and Jonathan Stempel together report that "Supreme Court to review lawsuits over flaws in generic drugs."

At WSJ.com's "Law Blog," Jess Bravin has a post titled "Supreme Court Does Not Act on Gay-Marriage Cases."

And at "The BLT: The Blog of Legal Times," Marcia Coyle has a post titled "Justices Still Silent on Whether They Will Take Up Gay Marriage."
Posted at 03:29 PM by Howard Bashman



"Court upholds sentence of ex-CIA station chief": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.

Update: In other coverage, Bloomberg News reports that "Ex-CIA Agent Loses Bid to Cut Sentence in Sex, Drugs Case."
Posted at 02:45 PM by Howard Bashman



"Judge who named Starr to probe Clinton to retire": David Ingram of Reuters has a report that begins, "The conservative U.S. federal judge who helped to appoint Kenneth Starr as an independent counsel to investigate President Bill Clinton, prompting first lady Hillary Clinton to complain of a 'vast right-wing conspiracy,' is planning a partial retirement in February."
Posted at 02:43 PM by Howard Bashman


C-SPAN has posted online video of Wednesday's Brookings Institution discussion on "Constitutionalism and its Significance for China" featuring Justice Stephen G. Breyer: You can view the video via this link.
Posted at 02:40 PM by Howard Bashman


"Senate Votes to Curb Indefinite Detention": Charlie Savage of The New York Times has a news update that begins, "The Senate voted late on Thursday to prohibit the government from imprisoning American citizens and green card holders apprehended in the United States in indefinite detention without trial."
Posted at 01:42 PM by Howard Bashman


"Judge pays 2008 traffic fine; arrest warrant voided": Today in The Austin American-Statesman, Chuck Lindell and Tony Plohetski have an article that begins, "Lawrence Meyers, a judge on the state's highest criminal court, paid off a 2008 speeding ticket Thursday morning, bringing his long-running legal challenge to a swift close and prompting Austin Municipal Court to cancel a warrant for his arrest."
Posted at 01:09 PM by Howard Bashman


"D.C. Circuit Chief Judge Sentelle to Take Senior Status": Todd Ruger has this post today at "The BLT: The Blog of Legal Times."
Posted at 01:06 PM by Howard Bashman


"Michigan bottle return law upended; Fed court says rule to limit deposits violates interstate commerce": The Detroit News contains this article today reporting on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued yesterday afternoon.

The decision notes that one of the three judges on the panel -- a senior U.S. District Judge sitting by designation -- "may file a separate opinion at a later date."

Update: The separate opinion has arrived.
Posted at 11:12 AM by Howard Bashman



"Charles V. Bush, first black Supreme Court page, dies at 72": This obituary appears today in The Washington Post.
Posted at 08:50 AM by Howard Bashman


"Gaming Gay Marriage: Which case should the Supreme Court take?" Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 08:47 AM by Howard Bashman


"Oregon Supreme Court ruling described as 'landmark' decision on eyewitness testimony": The Oregonian today contains this article reporting on a ruling that the Supreme Court of Oregon issued yesterday.
Posted at 08:44 AM by Howard Bashman


"Texas Voter ID Suit May Await Related High Court Ruling": Bloomberg News has this report.
Posted at 08:42 AM by Howard Bashman


"Affirmative action and the law: Does the Constitution bar voters from doing away with racial preferences? We don't think so." This editorial appears today in The Los Angeles Times.
Posted at 08:40 AM by Howard Bashman


"Gay marriage before Supreme Court? Cases weighed." Mark Sherman of The Associated Press has this report.

In today's edition of The Los Angeles Times, Maura Dolan and Jessica Garrison have an article headlined "Prop. 8 supporters, opponents await Supreme Court decision; Foes of gay marriage hope U.S. justices will block legalization, while backers are divided on the best route to same-sex unions."

Today's edition of The Sacramento Bee contains a front page article headlined "Preparations under way for possible gay marriages in California."

In today's edition of USA Today, Richard Wolf has an article headlined "Supreme Court on verge of taking up same-sex marriage; The justices' private conference Friday is likely to determine whether gay marriage is added to voting rights and affirmative action in a triumvirate of controversial cases this term."

Terry Baynes of Reuters reports that "Supreme Court to consider whether to review gay marriage cases."

Greg Stohr of Bloomberg News reports that "Marriage Cases Thrust Supreme Court Into Gay-Rights Fight."

Ariane de Vogue of ABC News reports that "Gay Marriage Comes to Supreme Court."

Bill Mears of CNN.com reports that "U.S. Supreme Court looks at whether to take up same-sex marriage."

And at "SCOTUSblog," Lyle Denniston has a post titled "Same-sex marriage IV: The Court's options."
Posted at 08:37 AM by Howard Bashman



"Obama Recess Appointments Face First Appeals Court Test": Bloomberg News has this report.
Posted at 08:24 AM by Howard Bashman


Thursday, November 29, 2012

"The New Class Action Landscape: Trends and Developments in Class Certification and Related Topics." Law professors John C. Coffee Jr. and Alexandra D. Lahav have posted this article online at SSRN.
Posted at 11:10 PM by Howard Bashman


"NY appeals court tosses 2 convictions in tax case": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 03:21 PM by Howard Bashman


"Stormwater runoff on logging roads a lightning rod for justices": Lawrence Hurley of Greenwire has a report that begins, "Water that collects at the side of a logging road here flows through a culvert under the roughly paved track and then splashes into the frothing South Fork Trask River. It was that way for many years before it became a big deal -- a big enough deal to be the focus of a Supreme Court argument Monday."
Posted at 03:04 PM by Howard Bashman


"Courts to hear challenges to Obama appointments": The Associated Press has a report that begins, "In a major test of presidential power, federal appeals courts are starting to hear legal challenges to President Barack Obama's decision to bypass the Senate in appointing three members to the National Labor Relations Board."
Posted at 02:30 PM by Howard Bashman


"The Activism to Come": In the December 3, 2012 issue of National Review, Edward Whelan has an essay that begins, "Presented the gift of two Supreme Court seats to fill in his first 15 months in office, Barack Obama appointed liberals Sonia Sotomayor and Elena Kagan."
Posted at 01:54 PM by Howard Bashman


The Charlie Rose Show this week featured an interview of Justice Antonin Scalia: You can view the interview online, on-demand via this link. Simply click on the image of Justice Scalia to launch the video player.
Posted at 01:50 PM by Howard Bashman


"SCOTUSblog tries again to get credentialed to cover the Supreme Court": Poynter.org's "Mediawire" has this report today.
Posted at 01:44 PM by Howard Bashman


"Law School Is Worth the Money": Law school dean Lawrence E. Mitchell has this op-ed today in The New York Times.
Posted at 01:40 PM by Howard Bashman


"Supreme Court asked to weigh in on cross-border class actions": This article appears today in The Toronto Globe and Mail.
Posted at 01:36 PM by Howard Bashman


Dick no longer blocked for judgeship: The Advocate of Baton Rouge, Louisiana reports today that "Vitter removes block on judicial nominee." The nominee in question is attorney Shelly D. Dick, whom President Obama has nominated to serve as a judge on the U.S. District Court for the Middle District of Louisiana.
Posted at 01:34 PM by Howard Bashman


"Same-sex marriage III: The arguments against." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 01:20 PM by Howard Bashman


"Resistance on Method for Curbing Filibuster": This article appears today in The New York Times.
Posted at 01:14 PM by Howard Bashman


"Arrest warrant issued for Texas high court judge": Chuck Lindell and Tony Plohetski have this article today in The Austin American-Statesman.
Posted at 01:07 PM by Howard Bashman


"Court Muses on Unicorns in Debating Sentencing": Adam Liptak has this article today in The New York Times.

And in today's edition of The Washington Post, Robert Barnes has an article headlined "Supreme Court conflicted over fixing mistake."
Posted at 01:03 PM by Howard Bashman



"Federal-circuit-ism: Defining the relationship between the Federal Circuit and its Regional Sister Courts." Dennis Crouch has this post today at his "Patently-O" blog.
Posted at 01:02 PM by Howard Bashman


"Pre-emption of Generic Drug Suits Mulled by Superior Court": Amaris Elliott-Engel has this article today in The Legal Intelligencer, Philadelphia's daily newspaper for lawyers, reporting on the oral argument that I presented yesterday to a three-judge panel of the Superior Court of Pennsylvania.

Law360 also covered the oral argument, and you can access a free preview of that report at this link.
Posted at 11:40 AM by Howard Bashman



Wednesday, November 28, 2012

"Same-sex marriage II: The arguments for." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 10:12 PM by Howard Bashman


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


"To Frisk or Dive for Cover": At her "Trial Inside" blog, Pamela A. MacLean has a post that begins, "Chief Judge Alex Kozinski doesn't usually mince words in his appellate opinions. He really doesn't mince them in his dissent today from a decision suppressing marijuana found taped under a defendant's clothes."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 09:20 PM by Howard Bashman



"Senator Backs Away from 'No' Vote Policy on Obama Judicial Nominees": Todd Ruger has this post today at "The BLT: The Blog of Legal Times."
Posted at 06:22 PM by Howard Bashman


"Six appeals filed in 'Taj Mahal' art case": The Tampa Bay Times has a news update that begins, "The Florida Supreme Court has assigned the 5th District Court of Appeal in Daytona Beach to hear appeals in a squabble over an unpaid $357,000 bill for framed photos ordered for the new 1st District Court of Appeal building in Tallahassee."
Posted at 06:12 PM by Howard Bashman


"U.S. appeals court grants emergency halt on Argentine bond payment": Reuters has this report.
Posted at 06:00 PM by Howard Bashman


"Crazy Making: The Supreme Court is wrong to let Idaho have no insanity defense." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 04:55 PM by Howard Bashman


"Obama determined to fill federal judgeships; The president plans to fight for Senate confirmation of his judicial nominees": Richard Wolf will have this article Thursday in USA Today.
Posted at 03:54 PM by Howard Bashman


"Leak of Traffic Court report stirs fury in Pa. high court": Craig R. McCoy has this article today in The Philadelphia Inquirer. The newspaper also contains a related article headlined "Philadelphia judges could face discipline in Traffic Court probe."
Posted at 03:48 PM by Howard Bashman


Tuesday, November 27, 2012

Programming note: On Wednesday morning, I will be presenting oral argument on behalf of the plaintiffs-appellees in four related cases scheduled for hearing before a three-judge panel of the Superior Court of Pennsylvania (additional details can be found in the second-to-last paragraph of this recent post). Consequently, new entries won't appear here until Wednesday afternoon.
Posted at 10:06 PM by Howard Bashman


"San Francisco officials ask court for advance warning if gay marriages are formally legalized": Howard Mintz of The San Jose Mercury News has this update.
Posted at 10:02 PM by Howard Bashman


"Chief Justice Roberts accuses U.S. lawyer of being disingenuous": Jonathan Stempel of Reuters has this report.

You can access the transcript of today's U.S. Supreme Court oral argument in US Airways, Inc. v. McCutchen, No. 11-1285, at this link.
Posted at 06:14 PM by Howard Bashman



"SCOTUS confirms deference to arbitration, bench-slaps Oklahoma court": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 05:38 PM by Howard Bashman


"U.S. Senate is wrong to block Maine man's judicial appointment": The Bangor Daily News has an editorial that begins, "It is nonsensical that the U.S. Senate has held up for so long the confirmation of William Kayatta Jr., of Cape Elizabeth, to the U.S. Court of Appeals for the First District."
Posted at 05:22 PM by Howard Bashman


"Justices to consider Los Angeles' unusual stormwater problem": Lawrence Hurley of Greenwire has this report.
Posted at 05:16 PM by Howard Bashman


"Circuit Dissents Fail to Halt Stokley Execution Date": Pamela A. MacLean has this post today at her "Trial Insider" blog.

You can access today's order of the U.S. Court of Appeals for the Ninth Circuit denying rehearing en banc and the dissents therefrom at this link.
Posted at 04:18 PM by Howard Bashman



"A conversation on the legal legacy of Judge Henry Friendly": Harvard Law School has posted online this report, which also features a video of the panel discussion.
Posted at 02:50 PM by Howard Bashman


Winning despite losing on appeal: Having a petition for writ of mandamus denied by a federal appellate court may not seem like a victory for the party seeking appellate relief, but the final footnote contained in a ruling that the U.S. Court of Appeals for the Third Circuit issued yesterday may have been welcomed as the next best thing to an outright victory.

In news coverage of the ruling, The Pittsburgh Post-Gazette reports today that "Appeals court upholds civil case time limits."
Posted at 02:14 PM by Howard Bashman



"Can 'Human Drama' Help To Fill the D.C. Circuit's Three Empty Seats?" The blog "D.C. Circuit Review" has this post today.
Posted at 02:06 PM by Howard Bashman


"Citizens United Ruling": Attorney Floyd Abrams has this letter to the editor today in The New York Times.
Posted at 02:04 PM by Howard Bashman


"Gay Marriage Comes to Supreme Court Friday": Ariane de Vogue of ABC News has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Same-sex marriage I: The constitutional standard."
Posted at 01:44 PM by Howard Bashman



"Argentina urges U.S. appeals court to delay payment to creditors": Nate Raymond of Reuters has this report.
Posted at 01:28 PM by Howard Bashman


Second Circuit decides whether New York State's handgun licensing scheme violates the Second Amendment by requiring an applicant to demonstrate "proper cause" to obtain a license to carry a concealed handgun in public: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.

In today's ruling, a unanimous three-judge panel has rejected the Second Amendment challenge.

Update: In news coverage, Terry Baynes of Reuters reports that "Appeals court upholds New York gun licensing law."
Posted at 01:26 PM by Howard Bashman



Programming note: Due to an oral argument that I am presenting this morning in the Supreme Court of Pennsylvania (detailed in this earlier post), additional posts will not appear here until this afternoon.

Update: This morning's oral argument seemed to go very well. I will link to the video of the oral argument session when it becomes available online.
Posted at 07:38 AM by Howard Bashman



"Justices reject Delling appeal": This article appears today in The Idaho Statesman.

David G. Savage of The Los Angeles Times reports that "Supreme Court rejects murder appeal claiming right to insanity defense."

And Warren Richey of The Christian Science Monitor reports that "Supreme Court rejects Idaho case on prohibiting the insanity defense; Idaho is one of four states that do not permit criminal defendants to claim they are innocent by reason of insanity; On Monday, the US Supreme Court declined to take a case testing whether an insanity defense is a constitutional right."
Posted at 07:35 AM by Howard Bashman



"Perry names chief of staff to Supreme Court": Chuck Lindell of The Austin American-Statesman has an article that begins, "Gov. Rick Perry on Monday appointed his chief of staff, Jeffrey S. Boyd, to fill a vacancy on the Texas Supreme Court."
Posted at 07:32 AM by Howard Bashman


"Oklahoma Supreme Court reversed for failing to follow law in contract dispute; The U.S. Supreme Court says the Oklahoma high court wrongly got involved in a case that should have been decided by an arbitrator": Chris Casteel has this article today in The Oklahoman.
Posted at 07:30 AM by Howard Bashman


"Supreme Court rejects plea to ban taping of police in Illinois": This article appears today in The Chicago Tribune.

The Christian Science Monitor has an article headlined "Can people record police officers? Illinois ban gets no help at Supreme Court; Supreme Court justices refused to hear an appeal on behalf of Illinois' tough eavesdropping law; A federal appeals court had ruled that the law 'likely violates' free speech guarantees."

And at Politico.com, Tal Kopan has a blog post titled "Supreme Court won't hear police recording case."
Posted at 07:26 AM by Howard Bashman



"Justices Consider Definition of Supervisor in Job Discrimination Case": Adam Liptak has this article today in The New York Times.

In today's edition of The Washington Post, Robert Barnes has an article headlined "In harassment case, Supreme Court ponders: Who qualifies as a supervisor?"

Yesterday evening's broadcast of the PBS program "NewsHour" contained a segment entitled "Hinging on Supervisor Definition, Supreme Court Reviews Work Harassment Case" featuring Marcia Coyle.

And on yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "Supreme Court Hears Case Asking: Who's A Boss?"
Posted at 07:24 AM by Howard Bashman



Monday, November 26, 2012

"Judging the Senate": Today at The Huffington Post, law professor David Fontana has a blog entry that begins, "President Barack Obama is having a very hard time getting his judicial nominees confirmed by the Senate."
Posted at 10:56 PM by Howard Bashman


"Grape growers can sue USDA as Supreme Court stays out of the fight": Michael Doyle of McClatchy Newspapers has this report.
Posted at 09:25 PM by Howard Bashman


Also in the December 2012 issue of ABA Journal magazine: Mark Walsh has an article headlined "A Sixth Sense: 6th Circuit Has Surpassed the 9th as the Most Reversed Appeals Court."

And Bryan A. Garner has an essay titled "What's an Error in Language?"
Posted at 09:08 PM by Howard Bashman



"Circuit split! 5th Circuit says AG suits are mass actions under CAFA." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 09:00 PM by Howard Bashman


"6th Annual ABA Journal Blawg 100": The December 2012 issue of ABA Journal magazine will contain this article.

I am pleased to report that "How Appealing" has again made the list and has also been inducted into the "Blawg 100 Hall of Fame."
Posted at 04:08 PM by Howard Bashman



"Court: Who counts as a supervisor?" The Associated Press has this report.

You can access the transcript of today's U.S. Supreme Court oral argument in Vance v. Ball State Univ., No. 11-556, at this link.

Update: In other coverage, Jonathan Stempel of Reuters reports that "Supreme Court struggles over workplace harassment standard."

And at "SCOTUSblog," Lyle Denniston has a post titled "Salvaging a lost cause?"
Posted at 02:45 PM by Howard Bashman



"'Politicians in Robes'? Not Exactly, but . . ." Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 02:44 PM by Howard Bashman


"High court weighs Georgia hospital merger": The Associated Press has this report.

Update: You can access the transcript of today's U.S. Supreme Court oral argument in FTC v. Phoebe Putney Health System, Inc., No. 11-1160, at this link.
Posted at 11:58 AM by Howard Bashman



Upcoming appellate court oral arguments: Within the next 16 days, I will have the pleasure of arguing cases before each of Pennsylvania's three state appellate courts.

Tomorrow morning, I will be in Harrisburg, Pennsylvania to argue a case before the Supreme Court of Pennsylvania. The case is a direct appeal in a matter that originated in the Commonwealth Court of Pennsylvania. The Court has granted oral argument on the following issue:

Did the Commonwealth Court err or otherwise abuse its discretion in ruling on summary judgment in favor of the MCARE Fund that Dr. S.'s negligence constituted only one rather than two occurrences of medical malpractice for purposes of the MCARE Act?
Next, on Wednesday of this week, I will be arguing on behalf of the plaintiffs-appellees in four related appeals pending before a three-judge panel of the Superior Court of Pennsylvania. In November 2011, Nate Raymond of The American Lawyer reported on the decision in that case in an article headlined "Moss Sides With Plaintiffs in Reglan Mass Tort; A Philadelphia trial judge overseeing mass tort litigation involving the digestive drug Reglan on Friday denied a bid by generic manufacturers to dismiss claims against them in roughly 2,000 lawsuits on the basis of a recent U.S. Supreme Court decision." Additional coverage of the ruling can be accessed here and here. The brief for plaintiffs-appellees that I filed in one of those consolidated appeals can be accessed here.

And finally, on Wednesday, December 12, 2012, I will be back in Harrisburg to argue a very interesting appeal on behalf of the defendant-appellant before the en banc Commonwealth Court. Late last year, The Citizens' Voice of Wilkes-Barre, Pennsylvania reported on the trial court's ruling in an article headlined "Judge awards millions to Dallas, Pittston Area from health trust." You can access the appellate briefs that I filed on my client's behalf in that case at the following links: Brief for Appellant; Reply Brief for Appellant.
Posted at 11:48 AM by Howard Bashman



"Court Told To Consider Issues Unresolved by Health-Care Ruling": Jess Bravin has this post at WSJ.com's "Law Blog."

And Jonathan Stempel of Reuters reports that "Top court revives challenge to Obama health law."
Posted at 11:18 AM by Howard Bashman



Greg Stohr of Bloomberg News is reporting: He has reports headlined "Religious University Gets Hearing on Health Law Exemption"; "Insanity Defense Appeal Turned Away by U.S. High Court"; and "Reynolds Rejected by Court on $20 Million Smoker Award."
Posted at 10:40 AM by Howard Bashman


"Supreme Court refuses William Jefferson's appeal; 13 year prison sentence upheld": Bruce Alpert of The Times-Picayune of New Orleans has this news update.

Jonathan Stempel of Reuters reports that "Supreme Court rejects appeal of ex-Louisiana congressman."

And Greg Stohr of Bloomberg News reports that "Convicted Ex-Representative Jefferson Loses at High Court."
Posted at 10:34 AM by Howard Bashman



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

The Court issued a per curiam opinion in Nitro-Lift Technologies, LLC. v. Howard, No. 11-1377.

And Justice Stephen G. Breyer issued a dissent from the denial of certiorari in Delling v. Idaho, No. 11-1515. Justices Ruth Bader Ginsburg and Sonia Sotomayor joined in that dissent.

In early news coverage, The Associated Press has reports headlined "Court orders new look at health care challenge"; "High court rejects appeal over insanity defense"; "High court rejects appeal of ex-La. congressman"; "Court rejects plea to block taping of police"; and "Court won't get into fight over grape patents."

And at "SCOTUSblog," Lyle Denniston has a post titled "Way cleared for health care challenge."
Posted at 09:40 AM by Howard Bashman



"As state's wetlands dwindle, South Carolina seeks new answer": Today's edition of The State of Columbia, South Carolina contains an article that begins, "In the nearly 12 years since the U.S. Supreme Court eased federal protections on isolated wetlands, swampy South Carolina has talked at length about how to fill the gap and save these wildlife-rich bogs."
Posted at 08:30 AM by Howard Bashman


"Something changed: Picking a Supreme Court justice is now a partisan battle." Eric Black has this post today at his blog "Eric Black Ink" online at MinnPost.
Posted at 08:27 AM by Howard Bashman


"State NAACP questions state judge's partisanship": Today's edition of The Daily Tar Heel contains an article that begins, "N.C. Supreme Court Justice Paul Newby prevailed in a close race to retain his seat on election night earlier this month -- and critics are already raising concerns about his ability to rule impartially."
Posted at 08:24 AM by Howard Bashman


"Supreme Court To Look At Who Is A 'Supervisor' In Harassment Cases": Today's broadcast of NPR's "Morning Edition" contained this audio segment featuring Nina Totenberg.
Posted at 08:22 AM by Howard Bashman


"Pennsylvania judges sue over mandatory retirement at 70; Northampton County jurist Leonard Zito is among six challenging the requirement": This article appears today in The Morning Call of Allentown, Pennsylvania.
Posted at 08:00 AM by Howard Bashman


"Terrorism Law Is a Niche for a Deepening Pool of Defenders in New York": The New York Times contains this article today.
Posted at 07:44 AM by Howard Bashman


"Close Guantanamo Prison": This lengthy editorial appears today in The New York Times.
Posted at 07:40 AM by Howard Bashman


Sunday, November 25, 2012

"U.S. Supreme Court poised to take up gay marriage": Howard Mintz will have this article Monday in The San Jose Mercury News.
Posted at 10:48 PM by Howard Bashman


"Tidying up the 2012 election": In Monday's edition of The Washington Post, Robert Barnes will have an article that begins, "They are still counting votes in Ohio, a process that once seemed as if it might transfix the nation and require the attention of the Supreme Court, but now it's something more like an asterisk."
Posted at 09:30 PM by Howard Bashman


"Do We Still Need the Voting Rights Act? The Supreme Court is poised to invalidate part of the civil-rights era law that regulates Southern states' polling practices." Ben Jacobs has this essay online at The Daily Beast.
Posted at 08:24 PM by Howard Bashman


"Voters should have more to go on than just names": In today's edition of The Columbus Dispatch, columnist Joe Hallett has an essay that begins, "Shortly after Gov. Ted Strickland appointed her in January 2011 to a vacancy on the Ohio Supreme Court, Justice Yvette McGee Brown found herself locked in debate with Justice Robert Cupp."
Posted at 08:20 PM by Howard Bashman


"Justice on elections: 'Hate the game, don't hate the player.'" Columnist Peggy Fikac of The San Antonio Express-News has an essay that begins, "Texas Supreme Court Justice Don Willett showcased himself as such a staunch conservative in his re-election bid that a writer in The Atlantic used him to highlight what's wrong -- albeit perfectly legal -- with the system of partisan judicial elections."
Posted at 08:16 PM by Howard Bashman


"Consensus Eludes Courts in Searches of Cellphones": This article will appear Monday in The New York Times.
Posted at 07:42 PM by Howard Bashman


"Supreme Court decides this week whether to rule on gay marriage; Timing will be at issue as the justices confer; In the past, the court has been faulted for waiting too long or moving too quickly on recognizing constitutional rights": David G. Savage has this front page article today in The Los Angeles Times.
Posted at 07:40 PM by Howard Bashman


"Same-sex case ruling favors gay employee": In today's edition of The San Francisco Chronicle, Bob Egelko has an article that begins, "A regional court council has ordered San Francisco's federal court to pay an employee's costs for insurance coverage for his husband, citing an increasing number of rulings that have declared Congress' ban on same-sex spousal benefits unconstitutional."
Posted at 11:44 AM by Howard Bashman


"Benefits fight brings lesbian couple to high court": The Associated Press has this report.
Posted at 11:11 AM by Howard Bashman


"California Horror Stories and the 3-Strikes Law": Brent Staples has this "Sunday Observer" essay in the Sunday Review section of today's edition of The New York Times.
Posted at 11:04 AM by Howard Bashman


"Supreme Court should permit states to collect DNA": Yesterday's edition of The Newark (N.J.) Star-Ledger contained this editorial.
Posted at 11:00 AM by Howard Bashman


"Juvenile Injustice": This editorial appears today in The New York Times.
Posted at 10:58 AM by Howard Bashman


"A call to Justice David Souter": Gray Fitzgerald had this op-ed yesterday in The Keene (N.H.) Sentinel.
Posted at 10:57 AM by Howard Bashman


"Voters' misjudgments on judges cry out for a method that involves merit": Columnist Brent Larkin had this op-ed yesterday in The Cleveland Plain Dealer.
Posted at 09:50 AM by Howard Bashman


"The Senate's Long Slide to Gridlock": This front page article appears today in The New York Times.
Posted at 09:12 AM by Howard Bashman


"Under the U.S. Supreme Court: Justices consider DOMA challenges, Prop 8." Michael Kirkland of UPI has this report.
Posted at 09:07 AM by Howard Bashman


Saturday, November 24, 2012

"Decisions Open Door to Appeals of Plea Bargains": This article appears today in The Wall Street Journal.

You can freely access the full text of the article via Google News.
Posted at 10:58 AM by Howard Bashman



Friday, November 23, 2012

"Court to hear mental competency of accused Atwater inmate": Michael Doyle of McClatchy Newspapers has this report.
Posted at 03:54 PM by Howard Bashman


"Did the Founders' Constitution Permit Federal Tort Reform?" Randy Barnett has this post today at "The Volokh Conspiracy," linking to two contrasting views on the subject that you can access here and here.
Posted at 02:03 PM by Howard Bashman


Ninth Circuit grants rehearing en banc in case challenging ban that prohibits public television and radio stations from broadcasting paid political advertisements: Late Wednesday, the U.S. Court of Appeals for the Ninth Circuit issued this order granting rehearing en banc.

My earlier coverage of the original three-judge panel's ruling in the case, which the order granting rehearing en banc has vacated, can be accessed here and here.
Posted at 01:54 PM by Howard Bashman



"Justice Diane Hathaway's legal troubles tarnish Michigan Supreme Court": Columnist Tim Skubick has this essay today at MLive.com.
Posted at 01:00 PM by Howard Bashman


"Court to decide if illegal act bars lawsuit": Chuck Lindell has this article today in The Austin American-Statesman.
Posted at 12:57 PM by Howard Bashman


"Supreme Court nears gay marriage decision over Doma-related cases; Justices will decide next week whether to consider the constitutionality of same-sex marriage": The Guardian (UK) has this report today.

And at the "She The People" blog of The Washington Post, Andrea Stone has a post titled "Soldier's last wish: Let DOMA die before I do."
Posted at 12:54 PM by Howard Bashman



"Top court to consider workplace harassment rules": Terry Baynes of Reuters has this report.
Posted at 11:36 AM by Howard Bashman


"Supreme Court case wouldn't affect Kansas admissions requirements; Standard university entry based on tests and high school record": This article appears today in The Topeka Capital-Journal.
Posted at 09:25 AM by Howard Bashman


"Voting Rights Act and the South on trial": Jeffrey Toobin has this essay today at CNN.com.
Posted at 09:23 AM by Howard Bashman


"Argentina willing to go to U.S. Supreme Court in bond row": Reuters has a report that begins, "Argentina will appeal a U.S federal court ruling ordering it to pay $1.33 billion to holdout bond investors, the government said on Thursday, vowing to fight 'judicial colonialism' all the way to the U.S. Supreme Court if necessary."
Posted at 09:22 AM by Howard Bashman


Thursday, November 22, 2012

"Wash. high court wrestles with public trial right": The Associated Press has this report, which notes that "The justices wrestled with the topic, issuing 14 lead, concurring and dissenting opinions Wednesday in four separate cases."

You can access yesterday's rulings of the Washington State Supreme Court via this link.
Posted at 10:46 AM by Howard Bashman



"S.C. Supreme Court, holding all the cards, finds poker players guilty, again": This article appears today in The Post and Courier of Charleston, South Carolina. In addition, columnist Brian Hicks has an essay entitled "South Carolina has no room to lecture us on gambling."

And Pokerfuse.com reports that "South Carolina Supreme Court Reinstates Guilty Verdicts in Poker Case; Skill game argument noted, but deemed irrelevant in decision to overturn Circuit Court's previous ruling."

You can access yesterday's 3-to-2 ruling of the Supreme Court of South Carolina at this link.
Posted at 10:38 AM by Howard Bashman



"William Jefferson, Corey Miller should learn Monday if Supreme Court will hear appeals": Bruce Alpert of The Times-Picayune of New Orleans has this report.
Posted at 10:27 AM by Howard Bashman


"State Supreme Court Justice Diane Hathaway fights to keep home amid scandal; denies rumors of resigning": The Detroit Free Press contains this article today.

And The Detroit News reports today that "Hathaway to fight federal effort to seize Florida property."
Posted at 10:22 AM by Howard Bashman



"Constitution Experts Denounce Oklahoma Judge's Sentencing of Youth to Church": This article appears today in The New York Times.
Posted at 10:14 AM by Howard Bashman


"Unfortunately, plaintiff's briefs are textbook examples of how not to litigate a case on appeal": Yesterday, a unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit issued this per curiam opinion.

Although the decision does not identify its author, the opinion reflects the writing style of the First Circuit's newest arrival, Circuit Judge O. Rogeriee Thompson. President Obama and the U.S. Senate deserve credit for nominating and confirming a talented writer to fill the vacancy created when another talented writer, Circuit Judge Bruce M. Selya, took senior status. Back in March 2004, Judge Selya took part in this blog's "20 questions for the appellate judge" feature. You can read his interview at this link.
Posted at 10:12 AM by Howard Bashman



"In New Orleans, Comments by Assistants Imperil Job of Federal Prosecutor": This article appears today in The New York Times.
Posted at 09:48 AM by Howard Bashman


Wishing the readers of this blog a very happy Thanksgiving! Thank you for inspiring this blog to exist for the past ten years and into the future.

In a nod to new technology, earlier this year "How Appealing" made the leap to Twitter. You can be notified of new posts here by following this blog's Twitter feed, which you can access here.
Posted at 09:46 AM by Howard Bashman



Wednesday, November 21, 2012

"Kansas disbars lawyer involved in Gitmo case; Concerned for the rights of inmates, Navy lawyer disclosed names of detainees at the base": The Kansas City Star has this news update reporting on a disciplinary ruling that the Supreme Court of Kansas issued today.
Posted at 11:55 PM by Howard Bashman


"Appeals court revives Jacoby & Meyers' bid for non-attorney owners": Reuters has this report on a non-precedential ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 05:20 PM by Howard Bashman


"As Supreme Court Software Patent Ban Turns 40, It's Time To Stop Ignoring It": Timothy B. Lee has this post today at Forbes.com.
Posted at 01:26 PM by Howard Bashman


"FBI job applicant can't take back pornography admission -- court": David Ingram of Reuters has a report that begins, "A man who applied for a job with the FBI and told agents he owned pictures of naked children cannot take back the interview answers that led to his conviction for possession of child pornography, a federal appeals court ruled on Wednesday."

You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 01:15 PM by Howard Bashman



"San Quentin inmate loses ruling on book": Bob Egelko of The San Francisco Chronicle has this article today reporting on a non-precedential ruling that U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 08:40 AM by Howard Bashman


"Supreme Court to hear California raisin growers' case; Fresno raisin growers Marvin and Laura Horne are challenging a New Deal-era federal program that aims to prop up raisin prices by keeping some of the crop off the market": David G. Savage has this article today in The Los Angeles Times.
Posted at 08:33 AM by Howard Bashman


"Michigan's Burdensome Amendment": Today's edition of The New York Times contains an editorial that begins, "In a persuasive ruling last week, a majority of the United States Court of Appeals for the Sixth Circuit struck down Michigan's ban on race-conscious affirmative action policies."
Posted at 08:32 AM by Howard Bashman


"Feds say Justice Hathaway defrauded bank of $600,000; Civil complaint claims she hid assets in effort to avoid mortgage debt": This article appears today in The Detroit News.

The Detroit Free Press reports today that "Feds seek forfeiture of Michigan justice Diane Hathaway's Florida home."

And The Associated Press reports that "Feds accuse Michigan judge of real estate fraud."
Posted at 08:22 AM by Howard Bashman



Tuesday, November 20, 2012

"Warren Rudman, Dead at 82, Played Key Role in Souter Confirmation": Todd Ruger has this post today at "The BLT: The Blog of Legal Times."
Posted at 09:02 PM by Howard Bashman


"Supreme Court will hear raisin farmers' case": Michael Doyle of McClatchy Newspapers has this report.
Posted at 06:14 PM by Howard Bashman


"In pay-for-delay cert competition, Merck offers SCOTUS an option": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 06:00 PM by Howard Bashman


"Don't Worry About the Voting Rights Act; If the Supreme Court strikes down part of it, black and Hispanic voters will be just fine": Law professors Eric Posner and Nicholas Stephanopoulos have this essay online at Slate.
Posted at 05:22 PM by Howard Bashman


"Top court accepts raisin case tied to Depression-era law": Jonathan Stempel of Reuters has this report.
Posted at 05:00 PM by Howard Bashman


"Judge tells agency lawyers to kill the acronyms ASAP": Lawrence Hurley of Greenwire has this report.
Posted at 02:27 PM by Howard Bashman


The November 2012 issue of Harvard Law Review, focusing on the U.S. Supreme Court's 2011-2012 Term, can now be accessed online: You can access the complete contents via this link.
Posted at 01:45 PM by Howard Bashman


"Souter, back on the bench: Retired justice presides over Ames competition at HLS." Harvard Law School has posted online this news release, which provides access to video of the competition.
Posted at 01:36 PM by Howard Bashman


"The next big affirmative-action case": Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 01:30 PM by Howard Bashman


Available online from The Bay Citizen: Today, that news organization posted articles headlined "Federal judge's rulings favored companies in which he owned stock; Despite regulations, financial conflicts of interests slipped past safeguards" and "PACER federal court record fees exceed system costs."
Posted at 01:26 PM by Howard Bashman


Access online today's Order List of the U.S. Supreme Court: The Court posted today's Order List at this link. The Court today granted review in two new cases.

In early news coverage, The Associated Press reports that "High court to hear appeal about California raisins."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on raisin payments."
Posted at 01:22 PM by Howard Bashman



"Can the Senate Be Saved?" Jeffrey Toobin has this filibuster-related blog post online at The New Yorker.
Posted at 10:57 AM by Howard Bashman


"Will U.S. Try To Snuff Out State Marijuana Laws?" This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 08:49 AM by Howard Bashman


"Appeals court hears arguments over worship in NY public schools": Reuters has this report.
Posted at 08:46 AM by Howard Bashman


"Federal agents hunt former prosecutor, child porn convict who slipped monitoring bracelet; James Cameron, 50, of Rome, formerly of Hallowell, apparently removed the electronic device on Thursday, hours after a Boston court hearing that vacated 6 of 13 convictions against him": This article appears today in The Kennebec Journal, along with a related article headlined "Monitor bracelet cutting easy to do, but rare, US Marshals say."

My earlier coverage of the First Circuit's recent ruling in this case can be accessed here.
Posted at 08:45 AM by Howard Bashman



"Mass. not moving quickly to address the fate of juvenile killers; State seeks new policy on life sentences; youths must get chance of parole": The Boston Globe has this report from the New England Center for Investigative Reporting.
Posted at 08:37 AM by Howard Bashman


"Gay marriage takes next steps": Politico.com has this report.
Posted at 08:30 AM by Howard Bashman


"Case Pits Technology-Based Police Search Against Citizens' Rights": This article appears today in The New York Times.
Posted at 08:15 AM by Howard Bashman


Monday, November 19, 2012

"Grapes (and raisins) of wrath: Supreme Court may hear farm program cases." Michael Doyle of McClatchy Newspapers has this report.
Posted at 10:52 PM by Howard Bashman


"Justice Alito, Citizens United and the Press": This editorial will appear Tuesday in The New York Times.
Posted at 10:48 PM by Howard Bashman


"Judicial nominees sitting on sidelines; 19 vacancies have OK of Senate committee": The Washington Times has this report.
Posted at 10:24 PM by Howard Bashman


"Senator-elect Cruz Paints Sharp Contrast Between Parties at Federalist Society": Matthew Huisman has this post today at "The BLT: The Blog of Legal Times."
Posted at 05:36 PM by Howard Bashman


"Has the South Risen Above Racist Voting Laws? What the Voting Rights Act means today." Emily Bazelon has this jurisprudence essay online at Slate.

And in related news coverage, The Arizona Republic reports that "Ariz. seeks Supreme Court relief on Voting Rights Act; Ala. case may help state shed federal scrutiny."
Posted at 05:34 PM by Howard Bashman



"In D.C. Circuit, Judge Calls Use of Acronyms 'Painful'": Mike Scarcella has this post today at "The BLT: The Blog of Legal Times."
Posted at 04:27 PM by Howard Bashman


"Court sympathetic to NRC over post-Fukushima reactor licensing": Lawrence Hurley and Hannah Northey of Greenwire have this report.
Posted at 02:55 PM by Howard Bashman


"4th Circuit shedding conservative reputation": Frank Green has this article today in The Richmond Times-Dispatch.
Posted at 02:54 PM by Howard Bashman


Columnist for The (Newark) Star-Ledger writes that "If you're looking for serious debates about cutting-edge legal issues, then you've got to bookmark the Volokh Conspiracy." That statement appears at the start of columnist Paul Mulshine's essay entitled "Are corporations persons? Ask the New York Times."
Posted at 02:19 PM by Howard Bashman


"Judicial Elections, Unhinged": Today's edition of The New York Times contains this editorial, along with an editorial entitled "Class-Based vs. Race-Based Admissions."
Posted at 01:25 PM by Howard Bashman


"Ruling Soon on Isolation of Inmates With H.I.V." This article appears today in The New York Times.
Posted at 01:23 PM by Howard Bashman


"At Federalist Society, Scalia Says He Doesn't 'Live or Die' for Bill of Rights Cases": Zoe Tillman has this post today at "The BLT: The Blog of Legal Times."
Posted at 12:48 PM by Howard Bashman


"Eureka College to honor former Supreme Court Justice O'Connor": The Bloomington (Ill.) Pantagraph has this report.
Posted at 10:08 AM by Howard Bashman


"Cal prosecutors seek to jump start death penalty": The Associated Press has this report.
Posted at 10:05 AM by Howard Bashman


"Fixing Law Reviews": John G. Browning has this essay online today at Inside Higher Ed.
Posted at 09:55 AM by Howard Bashman


"Passion for social justice leads Bridget McCormack to Michigan Supreme Court; McCormack rises from humble roots, faces conservative majority on panel": The Detroit News has this report (link fixed).
Posted at 09:53 AM by Howard Bashman


"Atheists ask U.S. Supreme Court to hear case on 'God' in Kentucky law": This article appears today in The Courier-Journal of Louisville, Kentucky.
Posted at 09:50 AM by Howard Bashman


Sunday, November 18, 2012

"Supreme Court justices as after-dinner speakers": Michael McGough has this essay online at The Los Angeles Times.
Posted at 10:07 AM by Howard Bashman


"The Supreme Court and the Obama Administration: Jeffrey Toobin with Alan Dershowitz." This past Friday evening, the 92nd Street Y hosted this event. You can view the video of that very interesting conversation online, on-demand by clicking here.
Posted at 10:00 AM by Howard Bashman


"Video and Recap: Randy Barnett, Neil Katyal, & Paul Clement on Federalist Society Panel on Obamacare." "Josh Blackman's Blog" has this post.

And "FedSoc Blog" has a post titled "Scalia Talk Concludes FedSoc's 2012 National Lawyers Convention."
Posted at 09:50 AM by Howard Bashman



"Under the U.S. Supreme Court: Gutting the Civil Rights Act?" Michael Kirkland of UPI has this report.
Posted at 09:23 AM by Howard Bashman


Saturday, November 17, 2012

"Supreme Court notebook: Alito takes on critics." Mark Sherman of The Associated Press has this report.
Posted at 04:32 PM by Howard Bashman


Friday, November 16, 2012

"Michigan schools weigh affirmative action ruling": The Associated Press has this report.
Posted at 11:50 PM by Howard Bashman


"Beth Jay, Principal Attorney to 3 Chief Justices, to Retire": Scott Graham has this post at the "Legal Pad" blog of The Recorder.
Posted at 08:59 PM by Howard Bashman


"Ten Commandments monument is installed at Oklahoma state Capitol; The Ten Commandments monument is near the north entrance of the Oklahoma state Capitol; Private money paid for the cost of the monument and developing its base": The Oklahoman today contains an article that begins, "A Ten Commandments monument is up on the grounds of the state Capitol, but it didn't pass spell check."

The Tulsa World reports today that "Ten Commandments monument installed at Capitol."

And The Associated Press reports that "Lawsuits possible over Oklahoma state Capitol Ten Commandments monument."
Posted at 08:50 PM by Howard Bashman



"Boyce '12 selected as 2013 Bristow Fellow in U.S. Department of Justice": Duke Law News has a report that begins, "Sarah Boyce '12 has been awarded a one-year Bristow Fellowship in the U.S. Department of Justice following the completion of her current clerkship with Judge Jeffrey S. Sutton of the U.S. Court of Appeals for the Sixth Circuit." An earlier Duke Law News item about Sarah can be accessed here.
Posted at 08:35 PM by Howard Bashman


"The judicial vacancy crisis": Law professor Carl Tobias has this essay today at Politico.com.
Posted at 03:08 PM by Howard Bashman


"Court sympathetic to enviros' challenge to Bush-era ozone standards": Lawrence Hurley of Greenwire has this report.
Posted at 03:06 PM by Howard Bashman


"On the retirement of the incomparable Emily Spadoni": Irv Gornstein has this post today at "SCOTUSblog."
Posted at 01:38 PM by Howard Bashman


"Alito Defends 'Citizens' in Speech to Federalist Society": Todd Ruger has this post at "The BLT: The Blog of Legal Times."
Posted at 12:57 PM by Howard Bashman


"Obama's Supreme Choices: Some of the country's leading court watchers weigh in with their picks for who Obama will appoint to a vacant Supreme Court seat." Chris Geidner has this report at BuzzFeed Politics.
Posted at 11:44 AM by Howard Bashman


"Execution After Death Penalty Repeal 'Unprecedented,' State Supreme Court Told": Alaine Griffin has this article today in The Hartford Courant.
Posted at 08:02 AM by Howard Bashman


"Disciplinary administrator: Multiple reasons to disbar Kline; Former A.G. responds: Disbarment action is 'stunning.'" The Capital-Journal of Topeka, Kansas contains this article today.

And The Associated Press reports that "Kline argues ethics case to Kansas Supreme Court."
Posted at 07:58 AM by Howard Bashman



"In rare move, Pfizer asks Supreme Court to reconsider ruling that killed Viagra patent": Kirk Makin of The Toronto Globe and Mail has this report.
Posted at 07:56 AM by Howard Bashman


"Recap of Federalist Society 30th Anniversary Gala Dinner with Remarks by Justice Alito": This post appeared early this morning at "Josh Blackman's Blog."
Posted at 07:51 AM by Howard Bashman


Thursday, November 15, 2012

Available online from Slate: Katie Mesner-Hage has a jurisprudence essay entitled "Why Donald Rumsfeld Can't Be Sued for Torture: His latest and biggest court victory."

Ryan McCartney has a jurisprudence essay entitled "Suing Girls Gone Wild: Should a girl who bared her breasts at 14 win her lawsuit against the video company?"

And Eliot Spitzer has a blog post titled "The Supreme Court's Threat to the Voting Rights Act."
Posted at 11:09 PM by Howard Bashman



"Affirmative Action Ban in Michigan Is Rejected": This article will appear Friday in The New York Times.

Warren Richey of The Christian Science Monitor has an article headlined "US appeals court strikes down Michigan ban on affirmative action; While the 8-7 ruling did not address the constitutionality of race-conscious admissions, the majority said Michigan's prohibition on the policy 'places special burdens on racial minorities.'"

The Detroit News has an update headlined "Michigan's affirmative action ban unconstitutional, federal appeals court rules."

AnnArbor.com reports that "Appeals court strikes down ban on affirmative action in university admissions."

And at the "School Law" blog of Education Week, Mark Walsh has a post titled "Michigan Ban on College Affirmative Action Struck Down."
Posted at 10:57 PM by Howard Bashman



"At long last, battle over Bush ozone standard heads to court": Lawrence Hurley and Jeremy P. Jacobs of Greenwire have this report.
Posted at 03:40 PM by Howard Bashman


"Software Speech": At Stanford Law Review Online, Andrew Tutt has a Note that begins, "When is software speech for purposes of the First Amendment?"
Posted at 02:58 PM by Howard Bashman


"The courts and public opinion: Klarman examines the legal fight for same-sex marriage." This article appears in the Fall 2012 issue of the Harvard Law Bulletin.
Posted at 02:53 PM by Howard Bashman


Sixth Circuit issues its en banc ruling in Coalition to Defend Affirmative Action v. Regents of the University of Michigan: You can access the ruling at this link. A majority on the en banc court has ruled that "those provisions of Proposal 2 affecting Michigan's public colleges and universities [are] unconstitutional."

The majority opinion explains that Proposal 2 "eliminated the consideration of 'race, sex, color, ethnicity, or national origin' in individualized admissions decisions" at Michigan's public colleges and universities.

The en banc court's vote was 8-to-7 in favor of invalidating Proposal 2. Five of the seven dissenting judges issued dissenting opinions.

Update: In early news coverage, The Associated Press reports that "US court strikes down Mich. affirmative action ban."

Terry Baynes of Reuters reports that "Michigan affirmative action ban unconstitutional, court rules."

Paul Egan of The Detroit Free Press has a news update headlined "Court: Michigan's ban on affirmative action is unconstitutional."

The Michigan Daily reports that "Court rules Michigan's ban on affirmative action unconstitutional."

And at "SCOTUSblog," Lyle Denniston has a post titled "Michigan affirmative action ban nullified."
Posted at 01:51 PM by Howard Bashman



"Appeals court upholds Diehl-Armstrong's conviction": The Erie Times-News has an update that begins, "A federal appeals court today affirmed the conviction and life sentence of Marjorie Diehl-Armstrong in the bombing death of pizza deliveryman Brian Wells in 2003."

You can access today's non-precedential ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 01:18 PM by Howard Bashman



"Atheist group sues over religious electioneering": The Associated Press has this report.

Yesterday, the Freedom From Religion Foundation issued a news release headlined "FFRF sues IRS to enforce church electioneering ban." You can access the complaint initiating suit at this link.
Posted at 01:12 PM by Howard Bashman



"Court hears appeal from Ciavarella; Former judge wants conviction tossed": Terrie Morgan-Besecker has this article today in The Times Leader of Wilkes-Barre, Pennsylvania.

And today's edition of The Citizens' Voice of Wilkes-Barre contains an article headlined "Judges consider Ciavarella appeal."
Posted at 01:05 PM by Howard Bashman



"Utah's death penalty costs $1.6M more per inmate; No legislation proposed; study is first to examine the cost of the capital punishment": Brooke Adams has this article today in The Salt Lake Tribune.

And The Deseret News reports today that "Victims, lawmakers discuss personal, financial costs of death penalty."
Posted at 12:06 PM by Howard Bashman



"Federal court vacates 6 of 13 child pornography convictions against former state prosecutor; Appeals court says James Cameron, 50, formerly of Hallowell, should have been able to cross-examine Yahoo employees who compiled reports about his accounts": The Morning Sentinel of Waterville, Maine contains this article today.

You can access yesterday's ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 09:34 AM by Howard Bashman



"Harkin nominates women for 8th Circuit": This article appears today in The Des Moines Register.
Posted at 09:14 AM by Howard Bashman


"Will Supreme Court answer monks' prayers?" Columnist George F. Will has this op-ed today in The Washington Post.
Posted at 08:04 AM by Howard Bashman


"Is the Voting Rights Act Doomed?" Law professor Nathaniel Persily has this op-ed today in The New York Times.
Posted at 08:02 AM by Howard Bashman


"Heated affordable housing battle plays out in front of N.J. Supreme Court": The Newark Star-Ledger has this report.

And The Philadelphia Inquirer reports today that "COAH court case could alter New Jersey's affordable-housing rules for cities and towns."
Posted at 07:52 AM by Howard Bashman



"Court hears appeal in same-sex couples tax case": The Associated Press has this report from Alaska.
Posted at 07:45 AM by Howard Bashman


Wednesday, November 14, 2012

"Changing Times": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 10:35 PM by Howard Bashman


"Republicans Split on Judicial Nominees; Some in GOP want to confirm more of president's nominees": Roll Call has this report.
Posted at 10:30 PM by Howard Bashman


"Judging Obama's Second Term": Law professor David Fontana has this essay about judicial nominations online today at The Huffington Post.
Posted at 10:16 PM by Howard Bashman


"New briefs complicate Supreme Court pay-for-delay conundrum": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 08:20 PM by Howard Bashman


"For damages, child porn victims must show cause, court says": Terry Baynes of Reuters has this report.

My earlier coverage of today's Seventh Circuit ruling appears at this link.
Posted at 05:42 PM by Howard Bashman



"Pennsylvania Judges Claim Mandatory Retirement Violates Equal Protection Clause": Dechert LLP issued this news release today. You can view the complaint initiating suit, filed today in the Commonwealth Court of Pennsylvania, at this link.
Posted at 03:42 PM by Howard Bashman


"SCOTUSblog Founder Speaks to Chicago Students After Contest Win": The Office of Communications at the University of Chicago Law School has posted online this report today. You can listen to Tom Goldstein's remarks at this link.
Posted at 02:30 PM by Howard Bashman


"Getting Away With Torture": Today's edition of The New York Times contains an editorial that begins, "In a decision that ignored a 41-year-old precedent and American obligations under international law, a United States appeals court has ruled that American civilians who are tortured by the American military cannot recover damages from the people responsible."

My earlier coverage of that ruling can be accessed here.
Posted at 01:04 PM by Howard Bashman



"The amount awarded Amy is identical to the amount she has requested, and usually been awarded, in literally hundreds of other criminal cases involving pornographic images of her." In an opinion issued today, Seventh Circuit Judge Richard A. Posner tackles the difficult question of how much restitution should be awarded against a defendant in favor of two of federal criminal law's most well-known victims of child pornography, "Amy" and "Vicky." Not surprisingly, the result is a typically fascinating Posner opinion.

On the day this appeal was argued in the Seventh Circuit (you can access the oral argument audio via this link [11.7MB mp3 audio file]), the Fifth Circuit issued its en banc ruling in In re: Amy Unknown. Today's Seventh Circuit opinion refers to that en banc Fifth Circuit ruling as "[t]he outlier" in its approach to the restitution issue.
Posted at 12:54 PM by Howard Bashman



"Purdue, IU pulling for Texas; affirmative action ruling could mean big changes": This article appears today in The Journal & Courier of Lafayette, Indiana.
Posted at 10:51 AM by Howard Bashman


"Ninth Circuit Considers Whether Hitting 'Send' Creates Agency": Scott Graham of The Recorder has this interesting oral argument report.

You can access the audio of the oral argument online via the web site of the U.S Court of Appeals for the Ninth Circuit by clicking here.
Posted at 10:00 AM by Howard Bashman



"The Fifth Circuit's curious about-face: Panel's complete reversal on the issue of the Army Corps' Katrina-related liability undermines confidence in courts." Law professor Jonathan R. Nash has this essay in this week's issue of The National Law Journal.
Posted at 09:56 AM by Howard Bashman


"New cases may signal Clarence Thomas' moment": Law professor Scott Douglas Gerber has this essay online at The Washington Examiner.
Posted at 09:54 AM by Howard Bashman


"Long-standing personal injury case to be heard by 5th Circuit by next year": The Associated Press has this report.
Posted at 09:52 AM by Howard Bashman


"Courtroom revealed the passionate side of Judge Coffey": This obituary appears in The Milwaukee Journal Sentinel.
Posted at 09:50 AM by Howard Bashman


Tuesday, November 13, 2012

"Argentina Seeks Appeal Rehearing in Defaulted Bond Case": Bloomberg News has this report.
Posted at 08:26 PM by Howard Bashman


"Thalidomide injury cases may turn on 3rd Circuit venue ruling": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 06:05 PM by Howard Bashman


"Ohio Supreme Court: New rules sought for justices' campaigns." The Columbus Dispatch has this report.
Posted at 05:04 PM by Howard Bashman


"Sears moldy washer suit can proceed as a class action": Terry Baynes of Reuters has this report on a ruling issued today that Circuit Judge Richard A. Posner wrote on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 03:48 PM by Howard Bashman


"Lower courts Obama's best shot at legal legacy": Columnist Reynolds Holding has this essay today at Reuters Breakingviews.
Posted at 03:08 PM by Howard Bashman


"Henry Friendly, Greatest Judge of His Era: A Discussion of His Legacy." This program, in which four federal appellate judges are scheduled to participate, will take place tomorrow at Harvard Law School.
Posted at 12:23 PM by Howard Bashman


"Supreme Court rejects appeal of prosecutorial misconduct case": Terry Baynes of Reuters has this report.
Posted at 12:20 PM by Howard Bashman


"Michigan Supreme Court to consider survivor benefits for twins conceived after father's death": Paul Egan has this article today in The Detroit Free Press.
Posted at 11:26 AM by Howard Bashman


"From TV stars to a Supreme Court justice, women in diverse fields feted at Glamour awards": The Associated Press has this report.
Posted at 11:25 AM by Howard Bashman


"The Lincolnian View of Same-Sex Marriage": Law professor Cass R. Sunstein has this essay online at Bloomberg View.
Posted at 11:24 AM by Howard Bashman


"Supreme qualifications -- Merit trumps bilingualism: minister." The Canadian Press has a report that begins, "Bilingualism will never trump merit or the ability to get along with colleagues when it comes to appointing judges to the Supreme Court of Canada, Justice Minister Rob Nicholson argues in a recently released letter."
Posted at 11:22 AM by Howard Bashman


"Professionalism on Appeal: The Good, the Bad and the Ugly." That's the headline of this month's installment of my "Upon Further Review" column, which appears in today's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.
Posted at 11:12 AM by Howard Bashman


"Krumholz on Access to Oral Argument Recordings": The post appears today at the blog "D.C. Circuit Review."
Posted at 11:02 AM by Howard Bashman


"Nominations Battle Could Resume in Lame Duck": Roll Call has a report that begins, "Senate Democrats could be on a collision course with Senate Republicans when it comes to using the lame-duck session to confirm 19 judicial nominations that have been held up this Congress."
Posted at 11:00 AM by Howard Bashman


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

Justice Antonin Scalia delivered the opinion for a unanimous Court in United States v. Bormes. No. 11-192. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "Court: Lawyer can't sue gov't over receipt mistake" and "Court won't hear appeal in witness tampering case."

And at "SCOTUSblog," Lyle Denniston has posts titled "Government may be immune on credit revelation" and "One voting rights case denied."
Posted at 10:55 AM by Howard Bashman



Monday, November 12, 2012

"State courts struggle with Supreme Court ruling on young killers; The Miller v. Alabama decision banned automatic life prison terms without chance of parole for minors convicted of murders": The Miami Herald has this report.
Posted at 10:18 PM by Howard Bashman


"Coffey dies; was municipal, circuit and appeals court judge": The Milwaukee Journal Sentinel has an obituary that begins, "John L. Coffey, whose judicial career spanned nearly 60 years, died Saturday of congestive heart failure. He was 90."

And the State Bar of Wisconsin has posted online a news item headlined "Hon. John L. Coffey, U.S. Court of Appeals for the Seventh Circuit, Dies at 90."
Posted at 09:52 PM by Howard Bashman



"Kline disciplinary case goes before Kansas Supreme Court; Panel recommends Kline suspension, disciplinary office wants disbarment": This article appears today in The Topeka Capital-Journal.
Posted at 09:48 PM by Howard Bashman


"Remembering Betty Fletcher, 1923-2012": The Recorder has posted online these remarks from Senior Ninth Circuit Judge Dorothy Nelson.
Posted at 09:45 PM by Howard Bashman


"Supreme Court: No Invitation for President Obama." Jess Bravin has this post today at WSJ.com's "Law Blog."
Posted at 09:10 PM by Howard Bashman


"In Defense of the Electoral College: Five reasons to keep our despised method of choosing the president." Seventh Circuit Judge Richard A. Posner has this essay online at Slate.
Posted at 09:00 PM by Howard Bashman


"Beating Back the War on Judges: Voters rejected the crusade to politicize the courts." Bert Brandenburg has this essay online at Slate.
Posted at 08:56 PM by Howard Bashman


"Case Asks When New Evidence Means a New Trial": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 03:12 PM by Howard Bashman


"Mojave Desert: Cross stands again." Today's edition of The Press-Enterprise of Riverside, California contains an article that begins, "After more than a decade of First Amendment court battles, a cross stands again in the Mojave National Preserve, for the first time with the legal blessing of the U.S. Supreme Court."

And The Associated Press reports that "Veterans resurrect cross at Calif. desert site."
Posted at 09:24 AM by Howard Bashman



"Study: U.S. judges' criminal caseloads vary widely." The Associated Press has this report on a study issued yesterday.
Posted at 09:21 AM by Howard Bashman


"Gay Marriage and Marijuana Are Coming to the Court": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 09:18 AM by Howard Bashman


"What did Supreme Court hear about same-sex marriage on Election Day?" Robert Barnes has this article today in The Washington Post.
Posted at 08:20 AM by Howard Bashman


"Condoms and Content-Based Discrimination: The First Amendment Implications of 'The Safer Sex in the Adult Film Industry Act.'" Antonio M. Haynes has this essay online at Justia.com's Verdict.
Posted at 08:15 AM by Howard Bashman


Sunday, November 11, 2012

"What Happens To Supreme Court In Obama's Second Term?" This audio segment featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 11:24 PM by Howard Bashman


"Dems, GOP fight brewing over curbing filibusters": The Associated Press has this report.
Posted at 11:18 PM by Howard Bashman


"Under the U.S. Supreme Court: Karl Rove's efforts go down in flames." Michael Kirkland of UPI has this report.
Posted at 09:40 AM by Howard Bashman


Saturday, November 10, 2012

"Hamilton wore, without authorization, a military uniform of a rank he had not obtained that was adorned with numerous military medals he had not earned." Yesterday, a unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued an opinion affirming Hamilton's convictions and sentence, which on these charges consisted of "a term of 6 months' imprisonment for wearing a military uniform without authorization, and a term of 12 months' imprisonment for wearing military medals without authorization."

In so ruling, the Fourth Circuit rejected the defendant's argument that "the statutes underlying those convictions either are facially invalid under the First Amendment, or are invalid as applied to Hamilton in this case."
Posted at 08:23 PM by Howard Bashman



"Court: Starbucks owes more than $14m to Mass. baristas." The Boston Globe has this article reporting on a ruling that the U.S. Court of Appeals for the First Circuit issued yesterday.
Posted at 08:15 PM by Howard Bashman


"As minorities gain electoral power, Supreme Court asks: Why the Voting Rights Act? After minorities played a major role in reelecting President Obama, the US Supreme Court agrees to decide whether the goals of the 1965 Voting Rights Act in reforming the South have been met." Patrik Jonsson of The Christian Science Monitor has this article.
Posted at 08:11 PM by Howard Bashman


"Supreme Court will review Md. DNA law; Overturned law allows police to collect DNA from suspects": This article appears today in The Baltimore Sun.
Posted at 08:09 PM by Howard Bashman


"David Boies predicts Prop 8 win in U.S. Supreme Court": Bay City News has this report.
Posted at 03:35 PM by Howard Bashman


"U.S. Supreme Court to hear Alabama voting rights challenge": Mary Orndorff Troyan has this article today in The Montgomery Advertiser.

The Birmingham News reports that "Supreme Court decision to hear Shelby Voting Rights challenge met with praise, worry."

And in commentary, today's edition of The New York Times contains an editorial entitled "A Supreme Test on the Right to Vote."
Posted at 03:32 PM by Howard Bashman



"Sesame Street: Sonia Sotomayor and Abby -- Career." Yesterday, Sesame Street posted online at YouTube this video clip featuring U.S. Supreme Court Justice Sonia Sotomayor.
Posted at 03:02 PM by Howard Bashman


"In Unusual Move, the Delaware Supreme Court Rebukes a Judge": Peter Lattman has this article today in The New York Times.

My earlier coverage of Wednesday's Delaware Supreme Court ruling can be accessed here.
Posted at 09:36 AM by Howard Bashman



Friday, November 9, 2012

"Expert Witness Dinged $300,000 for Making Fake Child Porn": David Kravets has this post at Wired.com's "Threat Level" blog.

And Terry Baynes of Reuters reports that "Lawyer owes $300,000 for using child pornography at trial."

My earlier coverage of today's Sixth Circuit ruling appears at this link.

Update: In other coverage, Ars Technica has a post titled "Ohio attorney creates fake child porn for case, now must pay $300,000; He altered pics of girls to be explicit in arguing against 'overbroad' law."
Posted at 07:50 PM by Howard Bashman



"Supreme Court to decide if police can collect DNA from suspects": David G. Savage of The Los Angeles Times has this news update.

Warren Richey of The Christian Science Monitor has an article headlined "Can police collect DNA before conviction? Supreme Court to hear case; Many states allow police to collect DNA samples from people who have been arrested; But others see that as a violation of the Fourth Amendment; Now, the Supreme Court will step in."

And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Pivotal DNA Privacy Case Gets Supreme Court Hearing."
Posted at 07:48 PM by Howard Bashman



"In View of a Changing South, Court Will Revisit Voting Act": Adam Liptak will have this article Saturday in The New York Times.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court to review key section of Voting Rights Act."

David G. Savage of The Los Angeles Times has a news update headlined "Is part of Voting Rights Act outdated, unfair? High Court to decide."

Michael Doyle of McClatchy Newspapers reports that "Supreme Court agrees to hear challenge to Voting Rights Act."

Richard Wolf of USA Today has a news update headlined "Supreme Court to hear voting rights case; The Supreme Court will consider a challenge to Congress' reauthorization of the Voting Rights Act of 1965, which could lead to less federal oversight of the racial impact of state election laws."

Warren Richey of The Christian Science Monitor reports that "Supreme Court to rule on scope of federal powers in Voting Rights Act case; A landmark civil-rights-era law will come before the US Supreme Court later this year, when the justices will consider if Congress was out of bounds in renewing a part of the Voting Rights Act."

Nina Totenberg of NPR reports that "Supreme Court To Review Voting Rights Act."

Roll Call reports that "Supreme Court to Examine Need for Critical Part of Voting Rights Law."

Politico.com reports that "Supreme Court will hear voting rights case."

Ariane de Vogue of ABC News has a blog post titled "Supreme Court Will Take Up Major Voting Rights Case."

Online at The Atlantic, law professor Garrett Epps has an essay entitled "The Supreme Court Will Hear a Challenge to the Voting Rights Act; Three days after an election that dramatically tested the right to vote, the court sends a major signal to Obama and Congress."

And online at Slate, Emily Bazelon has a jurisprudence essay entitled "It's Appalling that Gerrymandering Is Legal; And if the Supreme Court guts the Voting Rights Act, it's going to get a lot worse."
Posted at 07:28 PM by Howard Bashman



"Foreword: Academic Influence on the Court." Law professor Neal K. Katyal had this essay in the October 2012 issue of Virginia Law Review.
Posted at 05:03 PM by Howard Bashman


A glimpse at what I've been working on: Yesterday, I filed a Brief for Appellant in the U.S. Court of Appeals for the Third Circuit in a case arising out of an arbitration proceeding that Reuters previously reported on here. As the district court's opinion noted, the case presents the Third Circuit with two questions of first impression.
Posted at 04:33 PM by Howard Bashman


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

In early news coverage, Mark Sherman of The Associated Press reports that "High court to take new look at Voting Rights Act." The AP also reports that "Court will decide on collection of DNA samples."

Terry Baynes and Jonathan Stempel of Reuters report that "High Court to review Amex arbitration case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on voting rights law, DNA case."

Update: Reuters reports that "Supreme Court to review collection of DNA samples."

Greg Stohr of Bloomberg News reports that "Voting Rights Act Challenge Gets U.S. High Court Hearing" and "Business Groups Get Top U.S. Court Hearing on Arbitration."

At WSJ.com's "Law Blog," Brent Kendall has a post titled "Supreme Court to Review DNA Law."

And at "The BLT: The Blog of Legal Times," Marcia Coyle has a post titled "Supreme Court to Hear Critical Voting Rights Act Challenge."
Posted at 03:50 PM by Howard Bashman



"D.C. Circuit Voids $743K Restitution Order in Pirated Software Case": Mike Scarcella has this post at "The BLT: The Blog of Legal Times" reporting on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 03:48 PM by Howard Bashman


"Citizens United Is Still Worth Hating; Even though the fat-cat super PACs lost at the polls": Law professor Eric Posner has this essay online at Slate.

And online at The American Prospect, Anthony Kammer has an essay entitled "Just How Bad Was Citizens United For Business? The 2012 election lends further credibility to shareholders' arguments that they should be able to contest political expenditures."
Posted at 01:35 PM by Howard Bashman



"Parents Sue Expert Witness Who Made Fake Child-Porn of Their Kids": David Kravets had this post at Wired.com's "Threat Level" blog back on January 21, 2011.

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued a ruling upholding a $300,000 judgment entered in favor of those parents and against the expert witness, attorney Dean Boland. Circuit Judge Jeffrey S. Sutton wrote today's opinion.

Back in January 2011, Judge Sutton also wrote an opinion on behalf of the same three-judge panel reinstating the lawsuit that gives rise to today's decision. My earlier coverage of that ruling can be accessed here and here.
Posted at 11:56 AM by Howard Bashman



"U.S. Supreme Court affirms stay of execution for Hubert L. Michael Jr." Joseph A. Slobodzian and Jonathan Lai have this article today in The Philadelphia Inquirer.
Posted at 09:50 AM by Howard Bashman


"Gay marriage votes could sway Supreme Court": Terry Baynes of Reuters has this report.
Posted at 09:47 AM by Howard Bashman


"Obama's Victory Creates New Chance to Mold U.S. Supreme Court": Greg Stohr of Bloomberg News has this report.
Posted at 09:46 AM by Howard Bashman


Thursday, November 8, 2012

"Supreme Court Weighing Genetic Privacy": David Kravets has this post today at Wired.com's "Threat Level" blog.
Posted at 09:50 PM by Howard Bashman


"Montana Voters' Verdict: Supreme Court Was Wrong." Jess Bravin has this post at WSJ.com's "Law Blog."
Posted at 03:34 PM by Howard Bashman


"Speculation starts on retirements, nominations in Obama's second term": Lawrence Hurley of Greenwire has this report.
Posted at 03:14 PM by Howard Bashman


"Supreme Court backs Canadian firm's bid to make generic Viagra": Kirk Makin of The Toronto Globe and Mail has this news update.

And Reuters reports that "Canada's Supreme Court strips Viagra patent from Pfizer."

You can access today's ruling of the Supreme Court of Canada at this link.
Posted at 02:46 PM by Howard Bashman



"Softer 3-strikes law has defense lawyers preparing case reviews; The process of asking California courts to revisit old sentences could take as long as two years and benefit roughly 3,000 prisoners": Jack Leonard and Maura Dolan have this article today in The Los Angeles Times.
Posted at 01:40 PM by Howard Bashman


"Obama may now seek to make deeper mark on U.S. high court": Joan Biskupic of Reuters has this report.
Posted at 10:53 AM by Howard Bashman


"President Barack Obama's victory is good news for two judicial nominees in Oklahoma; After months of Republican stalling, nominations of Robert E. Bacharach and John E. Dowdell should 'fly through,' Oklahoma Sen. Tom Coburn says": Chris Casteel has this article today in The Oklahoman.
Posted at 10:40 AM by Howard Bashman


"States' Votes for Gay Marriage Are Timely, With Justices Ready to Weigh Cases": Adam Liptak has this article today in The New York Times.
Posted at 10:38 AM by Howard Bashman


"Loughner to be handed life sentence Thursday; Giffords, Kelly expected to be in attendance": Michael Kiefer has this article today in The Arizona Republic.

Bloomberg News reports that "Loughner Faces Life Term for Killing 6, Wounding Giffords."

Reuters reports that "Loughner likely to get life term for Arizona shooting rampage."

And The Associated Press reports that "Loughner to be sentenced for Ariz. mass shooting."
Posted at 09:57 AM by Howard Bashman



"Del. high court to Chancery chief: Keep world views to yourself." Reuters has this report.

You can access yesterday's ruling of the Supreme Court of Delaware at this link.
Posted at 09:54 AM by Howard Bashman



Wednesday, November 7, 2012

"Win Offers President Time to Shape Court": Jess Bravin will have this article Thursday in The Wall Street Journal.
Posted at 10:16 PM by Howard Bashman


"Defeat of Proposition 34: California's death penalty battle will continue." Howard Mintz of The San Jose Mercury News has this update.
Posted at 08:27 PM by Howard Bashman


"Election results raise questions about impact of Citizens United": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 04:57 PM by Howard Bashman


"U.S. battle over ballots averted, but not forever": Joan Biskupic of Reuters has this report.
Posted at 04:46 PM by Howard Bashman


"Appeals court rejects torture suit against Rumsfeld": Terry Baynes of Reuters has this report.

My earlier coverage of today's en banc Seventh Circuit ruling appears two posts below.
Posted at 04:20 PM by Howard Bashman



"Could Obama Win Boost Fogel Shot at Federal Circuit?" Pamela A. MacLean has this post today at her "Trial Insider" blog.
Posted at 12:44 PM by Howard Bashman


"This appeal presents the question whether the federal judiciary should create a right of action for damages against soldiers (and others in the chain of command) who abusively interrogate or mistreat military prisoners": So begins the opinion that Chief Judge Frank H. Easterbrook wrote on behalf of a majority of the en banc U.S. Court of Appeals for the Seventh Circuit in a decision issued today.

Today's en banc ruling holds that a common-law right of action for damages should not be created. Back in August 2011, the majority on a divided three-judge Seventh Circuit panel issued a ruling that allowed part of this lawsuit to proceed. My earlier coverage of that ruling can be accessed here.
Posted at 12:38 PM by Howard Bashman



"Obama Victory Could Spell End Of Conservative Supreme Court": Daniel Fisher has this blog post at Forbes.com.
Posted at 10:18 AM by Howard Bashman


"Megaupload Case Has Far-Reaching Implications for Cloud-Data Ownership Rights": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 08:34 AM by Howard Bashman


"Argument preview: Does no suit mean no suit?" Lyle Denniston has this post at "SCOTUSblog."
Posted at 08:33 AM by Howard Bashman


"Death penalty repeal dead": Bob Egelko of The San Francisco Chronicle has this report.

And that newspaper also has a report headlined "Prop. 36: 'Three strikes' changes approved."
Posted at 08:32 AM by Howard Bashman



"McCloud wins state Supreme Court seat; foils Sanders' comeback bid; Attorney Sheryl Gordon McCloud wins a six-year term on the state Supreme Court, turning back former Justice Richard Sanders, with King County heavily in her favor": This article appears today in The Seattle Times.
Posted at 08:27 AM by Howard Bashman


"All local judges on ballot retained": Michael Kiefer of The Arizona Republic has this report.
Posted at 08:24 AM by Howard Bashman


"Alabama Chief Justice: Roy Moore wins old job back; 'The people have voted to return me to the office.'" This article appears today in The Montgomery Advertiser.

And The Montgomery Advertiser reports that "Roy Moore wins chief justice race."
Posted at 08:22 AM by Howard Bashman



"Republican-nominated justices led in their races to maintain control of the Michigan Supreme Court": The Detroit Free Press has this report.

And The Detroit News reports that "McCormack leads, Markman second in Supreme Court race."
Posted at 08:15 AM by Howard Bashman



"Three state Supreme Court justices easily returned to bench, despite active opposition": This article appears today in The Tampa Bay Times.
Posted at 08:14 AM by Howard Bashman


"Voters retain Justice David Wiggins": The Des Moines Register has a report that begins, "Voters retained Justice David Wiggins on the Iowa Supreme Court, following a heated campaign to remove him from the bench."
Posted at 08:11 AM by Howard Bashman


"Ohio Supreme Court: 2 incumbent justices sent packing by voters." The Columbus Dispatch has this report.

Dan Horn of The Cincinnati Enquirer reports that "Kennedy ousts Brown as justice; Becomes only Greater Cincinnatian on state's high court."

And Jim Provance of The Toledo Blade has an article headlined "Democrat in lead for Ohio high court seat; O'Neill tops Cupp,early results show."
Posted at 08:10 AM by Howard Bashman



"D.C. Circuit Breakers: Liberals try to intimidate judges who review regulation." This editorial appears today in The Wall Street Journal.
Posted at 08:02 AM by Howard Bashman


Tuesday, November 6, 2012

"Because drug trafficking is not a violation of customary international law, we hold that Congress exceeded its power, under the Offences Clause, when it proscribed the defendants' conduct in the territorial waters of Panama." So holds a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit in a ruling issued today.

Today's ruling overturns federal criminal convictions obtained under the Maritime Drug Law Enforcement Act.
Posted at 10:12 PM by Howard Bashman



"Property rights take center stage in disputes over wetlands, flooding": Lawrence Hurley of Greenwire has a report that begins, "After several years of paying little attention to property rights -- a darling cause of conservative activists -- the Supreme Court has abruptly changed course."
Posted at 02:35 PM by Howard Bashman


"Wanna Cut the Line to Vote? Just Become a Supreme Court Justice." DCist has this report.
Posted at 02:33 PM by Howard Bashman


"SCOTUS to decide if trademark counterclaim outlasts original suit": Erin Geiger Smith has this report at Alison Frankel's "On the Case" from Thomson Reuters News & Insight.
Posted at 02:31 PM by Howard Bashman


"Court of Appeals Judge Jones Dies": New York Law Journal has a news update that begins, "Judge Theodore Jones Jr., a member of the state Court of Appeals since 2007, died overnight of an apparent heart attack. He was 68."

The New York State Court of Appeals is that state's highest court.

Update: In other coverage, Reuters reports that "NY Court of Appeals Judge Jones dies at 68."
Posted at 11:34 AM by Howard Bashman



Attorneys as poll watchers (suburban Philadelphia edition): I appeared at my local polling place in the northwestern suburbs of Philadelphia at 9:30 a.m. only to hear "Hey, it's mister appellate" from my polling place's regular Democratic pamphleteer. On my way out, he explained that he recently watched me present an oral argument to the Supreme Court of Pennsylvania.

There were no lines to vote at that time -- which is why I decided to go then -- but I was told that the turnout thus far was quite strong.

Photo ID was requested at the sign-in table, and when I refused to produce photo ID (giving the explanation that I was doing it "just to see what would happen"), one of the women working the table responded, "My husband did the exact same thing when he was here to vote."

What happened was essentially nothing. I was allowed to sign-in and vote based on the usual signature comparison approach, and I received a small piece of paper explaining Pennsylvania's new voter ID law.
Posted at 11:06 AM by Howard Bashman



"Supreme Court Hears 2 Cases Over Class Actions": Adam Liptak has this article today in The New York Times.

My earlier coverage of yesterday's U.S. Supreme Court oral arguments can be accessed here.
Posted at 10:56 AM by Howard Bashman



"Constitution Check: Would an Obama victory turn the Supreme Court sharply to the left?" Lyle Denniston has this post at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:54 AM by Howard Bashman


"Ready for a Recount?" Jeffrey Toobin has this blog post online at The New Yorker.

And today's edition of The New York Times contains an article headlined "In Case of a Recount, a Long Wait for Ohio."
Posted at 10:52 AM by Howard Bashman



Monday, November 5, 2012

"Top court: abortion protester may deserve lawyer fees." Jonathan Stempel of Reuters has this report.
Posted at 04:35 PM by Howard Bashman


"Appeals Court: Polygamous sect trust should stay with state; Utah seized the trust over allegations of mismanagement in Hildale and Colorado City." The Salt Lake Tribune has this news update.

And The Associated Press reports that "Court upholds sale of polygamous church assets."

You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 04:08 PM by Howard Bashman



"'Girls Gone Wild' case before state high court": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "A Cartersville woman whose photo was used in a 'Girls Gone Wild, College Girls Exposed' ad campaign never consented to such a thing and deserves compensation for the humiliation it brought upon her, the woman's lawyer told the Georgia Supreme Court on Monday."
Posted at 04:00 PM by Howard Bashman


"How the Presidential Election Might Change Supreme Court": Ariane De Vogue of ABC News has this report.
Posted at 03:44 PM by Howard Bashman


"Limits on class-action lawsuits at Supreme Court": Mark Sherman of The Associated Press has this report.

The U.S. Supreme Court has posted online the transcripts of today's oral arguments. You can access at this link the transcript in Comcast Corp. v. Behrend, No. 11-864. And you can access at this link the transcript in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, No.11-1085.

Update: In other coverage, Greg Stohr of Bloomberg News reports that "Class Action Cases Divide U.S. Supreme Court."

And Jonathan Stempel of Reuters reports that "Supreme Court reviews Comcast, Amgen class actions."
Posted at 02:33 PM by Howard Bashman



"D.C. Circuit Examines Computer Use Restraints in Child Exploitation Case": Mike Scarcella has this post today at "The BLT: The Blog of Legal Times."
Posted at 02:26 PM by Howard Bashman


"Contempt of Court": In the November/December 2012 issue of Boston Review, law professor Pamela S. Karlan has an essay that begins, "In the last week of June, a sharply divided Supreme Court ruled largely in favor of the federal government's position in two of the last term's major cases, upholding important provisions of the Affordable Health Care Act and striking down significant parts of Arizona's draconian immigration law."
Posted at 12:03 PM by Howard Bashman


"State Supreme Court must decide, 'Who's your Mama?'" Columnist Jane Ann Morrison has this essay today in The Las Vegas Review-Journal.
Posted at 11:55 AM by Howard Bashman


"Copyright on Imported Works": This editorial appears today in The New York Times.
Posted at 11:50 AM by Howard Bashman


"Apple leads legal battle over e-commerce vs. privacy rights in California Supreme Court": Howard Mintz of The San Jose Mercury News has this report.
Posted at 11:44 AM by Howard Bashman


"Court sides with Norcross firm in 'junk fax' case": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "The Georgia Supreme Court on Monday ruled in favor of a Norcross company in a case that could lead to a $459 million judgment involving more than 300,000 junk faxes."

You can access today's ruling of the Supreme Court of Georgia at this link.
Posted at 11:42 AM by Howard Bashman



"Opposition Mounts To Retaining State Supreme Court Justice": Indiana Public Media has this report.
Posted at 11:38 AM by Howard Bashman


"Girls Gone Wild case goes before Supreme Court": The Rome (Ga.) News-Tribune has a news update that begins, "The case of a Cartersville woman who was featured in a 'Girls Gone Wild' video will be heard before the Georgia Supreme Court today."

Update: In yesterday's edition of The Atlanta Journal-Constitution, Bill Rankin had an article headlined "Georgia high court to hear 'Girls Gone Wild' case."
Posted at 11:35 AM by Howard Bashman



On the day before the 2012 general election, the U.S. Court of Appeals for the Federal Circuit issues a voting-related patent law decision: You can access today's ruling at this link.
Posted at 11:22 AM by Howard Bashman


"Superman Heirs, DC Comics Appeal Copyright Case": Bloomberg News has this report.
Posted at 11:02 AM by Howard Bashman


"Why Abortion Has Become Such A Prominent Campaign Issue": This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 11:00 AM by Howard Bashman


"Comcast Follows Wal-Mart in High Court Lawsuit Attack": Bloomberg News has this report.
Posted at 10:58 AM by Howard Bashman


"Prison factories caught in private biz debate": Jay Reeves of The Associated Press has a report that begins, "On the outside, Unicor, with its big oaks and magnolia trees, looks like it could be part of a landscaped industrial park. Step a little closer and it's clear the apparel shop lies in the middle of a medium-security federal prison in east Alabama."
Posted at 10:55 AM by Howard Bashman


Access online today's Order List of the U.S. Supreme Court: The Court has posted today's Order List at this link. The Court did not grant review in any new cases. The Court did, however, seek the views of the Solicitor General on one case.

In addition, the Court issued a unanimous per curiam opinion in Lefemine v Wideman, No. 12-168.

In early news coverage, The Associated Press has a report headlined "Court: Officers may have to pay fees in lawsuit."

At "SCOTUSblog," Lyle Denniston has a post titled "No cases granted."
Posted at 09:34 AM by Howard Bashman



"Arizona Law Criminalizing Abortions Raises Roe v. Wade Argument": Bloomberg News has this report.
Posted at 09:28 AM by Howard Bashman


Sunday, November 4, 2012

"Kamala Harris: Focused on Job, Not SCOTUS; High court prospects aren't on her mind now, Cali's chief lawyer told us while stumping for Obama." Mary C. Curtis has this interview with California's Attorney General online at The Root.
Posted at 10:40 AM by Howard Bashman


"Trio of justices face challenges for Ohio Supreme Court seats": Jim Provance has this article today in The Toledo Blade.
Posted at 10:37 AM by Howard Bashman


"2 top Texas judges on ballot fighting ethics fines": The Associated Press has this report.
Posted at 10:35 AM by Howard Bashman


"Moore, Vance battle for Alabama chief justice": This article appears today in The Montgomery Advertiser.
Posted at 10:33 AM by Howard Bashman


"Under the U.S. Supreme Court: Karl Rove wearing the big boy pants." Michael Kirkland of UPI has this report.
Posted at 10:25 AM by Howard Bashman


Saturday, November 3, 2012

"Romney or Obama and the Supreme Court: Does it even matter? A Romney presidency isn't an automatic judicial disaster; Not if Democrats get principled and oppose his nominees." David Sirota has this essay at Salon.com.
Posted at 05:30 PM by Howard Bashman


"Arizona 20-week abortion ban faces court test": The Associated Press has a report that begins, "A federal appeals court is poised to consider Arizona's earliest-in the-nation ban of most abortions at 20 weeks of pregnancy amid debate over both its legality and its practical impact on women if allowed to take effect."
Posted at 05:26 PM by Howard Bashman


"Obama appeals to set rules for Guantanamo lawyers": At Politico.com, Josh Gerstein has a blog post that begins, "The Obama Administration filed a series of appeals Friday night, seeking to overturn a federal judge's order that blocked the military from unilaterally establishing rules for lawyers who represent prisoners at Guantanamo Bay."
Posted at 04:18 PM by Howard Bashman


"Injustice: Did William Rehnquist's practical jokes and bonhomie disguise a vicious, racist ideologue?" Online at Slate, Dahlia Lithwick has this review of the book "The Partisan:The Life of William Rehnquist," by John A. Jenkins.
Posted at 04:11 PM by Howard Bashman


Friday, November 2, 2012

"Why I am not persuaded by the NAM/Jones Day jurisdictional argument in Standard Fire": Law professor Kevin C. Walsh has this post at his blog, "walshslaw."
Posted at 04:40 PM by Howard Bashman


"Court lets Navy chaplains pursue bias complaint": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 04:35 PM by Howard Bashman


"SCOTUS to consider damages proof needed for class certification": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 02:18 PM by Howard Bashman


"Arizona attorney seeks approval on 19-week abortion ban": Howard Fischer of The Arizona Daily Sun has an article that begins, "Maricopa County Attorney Bill Montgomery goes to federal court Monday seeking approval for Arizona to start banning virtually all abortions after the 19th week of pregnancy. Montgomery wants the 9th U.S. Circuit Court of Appeals to dissolve the order it issued in August blocking the state from enforcing the law. He contends the statute, approved by the Legislature earlier this year, is within the power of the state to regulate the procedure."
Posted at 01:40 PM by Howard Bashman


"Obama Has Granted Clemency More Rarely Than Any Modern President": Dafna Linzer of ProPublica has this report.
Posted at 10:48 AM by Howard Bashman


"Serial killer's lone survivor torn by conscience; Hoping to move on from the 1984 attack, Rose Steward backs Prop. 34 to end the death penalty, but fears offending families of Dean Carter's other victims": Maura Dolan has this article today in The Los Angeles Times.

In today's edition of The San Francisco Chronicle, Bob Egelko reports that "Death-penalty measure's support jumps."

And The Sacramento Bee contains an article headlined "Field Poll shows measure to end death penalty gaining, but still lacking 50%."
Posted at 10:38 AM by Howard Bashman



"Asian-Americans in the Admissions Argument: Asian-Americans are tangled up in race-conscious admissions in complicated ways -- Some see themselves as victims of affirmative action; Others benefit." In the Education Life section of this upcoming Sunday's edition of The New York Times, Ethan Bronner will have this lengthy article.
Posted at 10:32 AM by Howard Bashman


"Looking back at Little Rock: At HLS, Justice Breyer and nine appellate justices revisit Cooper v. Aaron." Harvard Law School has posted online this news release, which also provides access to two related video segments.
Posted at 10:30 AM by Howard Bashman


Thursday, November 1, 2012

"Supreme Court Justice Ruth Bader Ginsburg: The Supreme Force." Glamour magazine has named Justice Ruth Bader Ginsburg one of its "Women of the Year 2012."
Posted at 07:54 PM by Howard Bashman


"Supreme Court weighs expanded warnings on deportation risk": Jonathan Stempel of Reuters has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Chaidez v. United States, No. 11-820.
Posted at 05:28 PM by Howard Bashman



"Short Course Taught by Former Supreme Court Clerks Explores Pending Fourth Amendment Case": The University of Virginia School of Law posted this news release online today.
Posted at 04:15 PM by Howard Bashman


"What's in a (domain) name?" Terry Baynes has this report at Alison Frankel's "On the Case" from Thomson Reuters News & Insight.
Posted at 02:05 PM by Howard Bashman


"Spammer's appeal rejected by high court": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 01:20 PM by Howard Bashman


"Circuit Split Watch: Former Federal Judge Seeks Restitution for Victims." Michelle Olsen has this post today at her "Appellate Daily" blog.
Posted at 10:02 AM by Howard Bashman


"Will November be same-sex marriage month?" Lyle Denniston has this post at the "Constitution Daily" blog of the National Constitution Center.
Posted at 09:52 AM by Howard Bashman


"Offer to help terror suspects should disqualify McCormack in Michigan Supreme Court race, new ad says": Dawson Bell had this article yesterday in The Detroit Free Press.

And today's edition of The Detroit News contains an article headlined "Poll: No clear leader in High Court races despite spending; Candidates pouring millions into three contests."
Posted at 09:47 AM by Howard Bashman



"Retailers Want High Court to Clarify Definition of 'Supervisor'": Corporate Counsel has this report.
Posted at 09:25 AM by Howard Bashman


"Drug-Sniffing Dogs Have Their Day in Court as Justices Hear 2 Arguments": Adam Liptak has this article today in The New York Times.

And yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "Drug-Sniffing Dogs Take Center Stage At High Court."
Posted at 09:20 AM by Howard Bashman







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