How Appealing

Monday, December 31, 2012

"Chief Justice Prods Congress on Fiscal Matters": Adam Liptak will have this article Tuesday in The New York Times.

At "SCOTUSblog, Lyle Denniston has a post titled "Court to get by on less."

And Carrie Johnson of NPR has a blog post titled "Chief Justice John Roberts On Fiscal Woes: Don't Look At Us."

You can access at this link the Chief Justice's 2012 Year-End Report on the Federal Judiciary. The report contains a thoughtful tribute to the memory of U.S. District Judge Mark R. Kravitz, who died far too young earlier this year.

Update: In other coverage, Jess Bravin of The Wall Street Journal has a news update headlined "Chief Justice Roberts Defends Judiciary's Costs."

Pete Yost of The Associated Press reports that "Roberts urges full financial support for the court."

Greg Stohr of Bloomberg News reports that "Roberts Says U.S. Judiciary Should Be Spared From Spending Cuts."

Jonathan Stempel of Reuters reports that "Chief justice stresses need for judges, funds despite fiscal strain."

At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Chief Justice Boasts of Budget Cuts, Urges Filling Lower Court Vacancies."

And Ariane de Vogue of ABC News has a blog post titled "Supreme Court: Chief Justice John Roberts on 'Fiscal Cliff.'"
Posted at 06:20 PM by Howard Bashman



"A lesson in pop culture via Guantanamo": The Associated Press has this report.
Posted at 02:24 PM by Howard Bashman


"We conclude the primary assumption of risk doctrine, though most frequently applied to sports, applies as well to certain other recreational activities including bumper car rides." So holds the Supreme Court of California in a ruling issued today.

Update: In early coverage, Howard Mintz of The San Jose Mercury News reports that "California Supreme Court rejects lawsuit against Great America over bumper car rides."
Posted at 01:50 PM by Howard Bashman



"Court to decide if dogs have sentimental value under the law": Chuck Lindell has this article today in The Austin American-Statesman.
Posted at 01:37 PM by Howard Bashman


"Court weighs appeal of one of California's longest serving death-row inmates": Howard Mintz has this article today in The San Jose Mercury News.

And in today's edition of The Los Angeles Times, Maura Dolan has a front page article headlined "Californians' support for death penalty goes against trend; California's recent vote to continue the death penalty keeps it in the minority of states with capital punishment still on the books."
Posted at 11:03 AM by Howard Bashman



"Gun debate revives enduring American fight": Liz Sidoti of The Associated Press has this essay.
Posted at 09:12 AM by Howard Bashman


"Justice looks back at high court stints": This article appears today in The Charleston (W. Va.) Daily Mail, along with a related article headlined "Child abuse, neglect cases crucial, retiring jurist says."
Posted at 09:10 AM by Howard Bashman


"Court cuts Kamm's espionage sentence by 1 year; 4.5 year sentence of Kamm, convicted of leaking IDF documents to journalist, cut after appeal; sentence disproportional, court says": The Jerusalem Post has this news update.

And The Associated Press reports that "Court reduces Israeli whistleblower's sentence."
Posted at 09:04 AM by Howard Bashman



"Forced out by age, Kelly retiring from Michigan Supreme Court": The Associated Press has this report.
Posted at 08:59 AM by Howard Bashman


Sunday, December 30, 2012

"NRA fingerprints in landmark health-care law": Peter Wallsten and Tom Hamburger will have this article Monday in The Washington Post.
Posted at 11:22 PM by Howard Bashman


"Let's Give Up on the Constitution": Law professor Louis Michael Seidman will have this op-ed Monday in The New York Times.
Posted at 10:58 PM by Howard Bashman


"Gene Patents Face Reckoning; Medical-Testing Companies Differ on Potential Impact of Supreme Court Ruling": Jonathan D. Rockoff and Jess Bravin will have this article Monday in The Wall Street Journal.

You can freely access the full text of the article via Google News.
Posted at 10:56 PM by Howard Bashman



"Liu's Put Together a Record of Restraint": Scott Graham of The Recorder has this report.
Posted at 10:50 PM by Howard Bashman


"Controversy follows former judge Pozonsky from Pa. to Alaska": Moriah Balingit has this lengthy article today in The Pittsburgh Post-Gazette.
Posted at 02:00 PM by Howard Bashman


"US Virgin Islands celebrates bill touted as step toward increased self-governance": The Associated Press has a report that begins, "President Barack Obama has signed a bill stating that rulings issued by the U.S. Virgin Islands Supreme Court can be reviewed directly by the U.S. Supreme Court."

You can access the new law at this link.
Posted at 01:48 PM by Howard Bashman



"Obama to fill four positions in 10th U.S. Circuit Court of Appeals": This article appears today in The Topeka Capital-Journal.
Posted at 01:42 PM by Howard Bashman


"Iowa Supreme Court ruling in 'too irresistible' case is an embarrassment": Columnist Rekha Basu has this essay online at The Des Moines Register.
Posted at 01:34 PM by Howard Bashman


"NY plaintiff: Gay benefits 'bigger than marriage.'" The Associated Press has a report that begins, "At age 83, Edith Windsor gets plenty of compliments for her courage to take on the federal government in a landmark case that has put attitudes about gay America squarely before the Supreme Court."
Posted at 01:09 PM by Howard Bashman


"'Democracy and Disdain' misses the point of judicial review": In The Washington Post, columnist George F. Will has an op-ed that begins, "While accusing the Supreme Court's conservative justices of 'disdain for democracy,' Pamela S. Karlan proves herself talented at dispensing disdain."
Posted at 10:03 AM by Howard Bashman


"Under the U.S. Supreme Court: Religious convictions vs. the 'morning after pill.'" Michael Kirkland of UPI has this report.
Posted at 09:57 AM by Howard Bashman


Saturday, December 29, 2012

"Supreme Court acrimony called overstated by justice; Roggensack says relations are fine as she seeks re-election": The Associated Press has a report that begins, "Wisconsin Supreme Court Justice Pat Roggensack on Friday defended the way the state's highest court has functioned recently, saying justices are working together despite reports of tension and a highly publicized altercation."

Update: In other coverage, Patrick Marley of The Milwaukee Journal Sentinel has an article headlined "Roggensack: High court getting along, despite contentious reputation."
Posted at 10:52 PM by Howard Bashman



"Gay marriage at Supreme Court: Will military couples get more benefits?" The Christian Science Monitor has this report.
Posted at 10:50 PM by Howard Bashman


"Court case query: Is Topeka man a sperm donor or father? State of Kansas wants sperm donor found on Craigslist to pay for daughter born to lesbian couple." Tim Hrenchir has this article today in The Topeka Capital-Journal.
Posted at 10:47 PM by Howard Bashman


"Argentina Asks Court to Overturn Order on Defaulted Debt": Bloomberg News has this report, along with a related article headlined "Argentina Restructured Bondholders Say Order Violates Rights."
Posted at 11:23 AM by Howard Bashman


"DOJ to court: Don't hear senators on our time." Josh Gerstein of Politico.com has a blog post that begins, "The Obama Administration told a federal appeals court Friday that if it wants to hear a presentation from lawyers for three senators in a case about potential indefinite detention of U.S. citizens, the court should not take that time away from Justice Department attorneys representing the executive branch."
Posted at 11:20 AM by Howard Bashman


"Religious employer wins big -- temporarily": At "SCOTUSblog," Lyle Denniston has a post that begins, "In the most significant federal appeals court ruling so far on the new federal health care law's contraceptives mandate, the Seventh Circuit Court on Friday night temporarily barred the federal government from enforcing that requirement against an Illinois construction company whose Roman Catholic owners see it as a threat to their religious freedom."

And the American Center for Law and Justice yesterday issued a news release headlined "ACLJ Secures Appeals Court Injunction to Halt Enforcement of HHS Mandate for IL Company."

You can view the order that a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued yesterday at this link.

Meanwhile, in related news, The Philadelphia Inquirer reports today that "Mennonite firm wins reprieve in battle over new health regs."
Posted at 11:17 AM by Howard Bashman



Friday, December 28, 2012

"U.S. Court Rebuffs Civil Rights Claim in Student's Drowning": At the "School Law" blog of Education Week, Mark Walsh has a post that begins, "The Milwaukee school district may not be held liable under federal law for the drowning death of a 12-year-old student on a class outing to a lake, a federal appeals court ruled Thursday."

Circuit Judge Richard A. Posner wrote yesterday's ruling of the U.S. Court of Appeals for the Seventh Circuit on behalf of a unanimous three-judge panel.
Posted at 09:57 AM by Howard Bashman



"Inmate's Case Adds to Debate on Recorded Interrogations": The Texas Tribune has this report today.
Posted at 08:57 AM by Howard Bashman


"Oklahoma City-based Hobby Lobby to defy federal law requiring contraception coverage for employees, attorney says; The Oklahoma City-based retailer must provide insurance coverage for morning-after pills and week-after pills beginning Jan. 1 or face potential fines of up to $1.3 million per day": This article appears today in The Oklahoman.
Posted at 08:52 AM by Howard Bashman


"Miami-Dade camping law may clash with Supreme Court ruling; New county ban on camping out on public property may be at odds with a 25-year-old Supreme Court ruling protecting the homeless": The Miami Herald has this report.
Posted at 08:45 AM by Howard Bashman


"Gun Control Can Survive the Supreme Court": Law professor Jeffrey Rosen has this blog post online at The New Republic.
Posted at 08:42 AM by Howard Bashman


"Former Supreme Court Justice Stevens showcases legal knowledge, quick wit in Naples appearance": This article appears today in The Naples (Fla.) Daily News.
Posted at 08:40 AM by Howard Bashman


"Kevin Cooper's latest DNA test appeal turned down; The convicted family killer tries again to get evidence that was tested twice redone; a judge says no": The Press-Enterprise of Riverside, California has this report.

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Death Row DNA Testing Appeal Rejected."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:30 AM by Howard Bashman



Yesterday in the Tenth Circuit, life was good for clothing manufacturer "Life is good": The U.S. Court of Appeals for the Tenth Circuit yesterday issued this ruling on the subject of copyright infringement.
Posted at 08:24 AM by Howard Bashman


Thursday, December 27, 2012

"State high court says union members can picket on private store fronts": Denny Walsh of The Sacramento Bee has this news update.

Bob Egelko of The San Francisco Chronicle has a news update headlined "Unions can picket, state high court rules."

And Maura Dolan of The Los Angeles Times has a blog post titled "Court affirms laws allowing labor pickets on private property."

You can access today's ruling of the Supreme Court of California at this link.
Posted at 09:40 PM by Howard Bashman



"2013: A year for big issues in the courts." Jeffrey Toobin has this essay at CNN.com.
Posted at 09:45 AM by Howard Bashman


Wednesday, December 26, 2012

"3 senators want in on detention arguments": At Politico.com, Josh Gerstein has a blog post that begins, "Three Republican senators are asking that their lawyer be allowed to make a presentation when a federal appeals court hears oral arguments on the scope of a provision regarding law-of-war detention that Congress passed last year."
Posted at 09:26 PM by Howard Bashman


"The N.R.A. at the Bench": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 09:12 PM by Howard Bashman


"Contraceptives mandate left intact, for now": Lyle Denniston has this post at "SCOTUSblog."

You can access at this link the in-chambers opinion that Justice Sonia Sotomayor issued today in her capacity as Circuit Justice for the Tenth Circuit.
Posted at 05:44 PM by Howard Bashman



"Appeals court revives workplace cybertheft lawsuit": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 02:45 PM by Howard Bashman


"7th Circuit punts on President Barack Obama's recess appointments": Josh Gerstein of Politico.com has this blog post about a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today.
Posted at 02:30 PM by Howard Bashman


"The question we consider here is the extent to which overdraft fees imposed by a national bank are subject to state regulation." So states the ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.

Update: In early news coverage, Bloomberg News reports that "Wells Fargo Wins Order Reversing Overdraft Fee Ruling."

And Dan Levine of Reuters reports that "Wells Fargo doesn't have to pay clients $203 mln."
Posted at 01:25 PM by Howard Bashman



"Obama could reshape 5th Circuit during 2nd term": The Associated Press has this report.
Posted at 10:42 AM by Howard Bashman


"The Constitution in 2013: Gains or losses on rights?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 07:35 AM by Howard Bashman


Monday, December 24, 2012

"2nd Circuit punts on constitutionality of judge's diversity effort": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.

My earlier coverage of the Second Circuit's non-precedential ruling appears at this link.
Posted at 01:28 PM by Howard Bashman



"Case Pits Adoptive Parents Against Tribal Rights": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 11:25 AM by Howard Bashman


"Could Another 'Borking' Ever Succeed? In 1987, there were no websites or bloggers to counter a smear campaign led by Ted Kennedy." Columnist L. Gordon Crovitz has this op-ed today in The Wall Street Journal.

You can freely access the full text of the op-ed via Google News.
Posted at 10:16 AM by Howard Bashman



Sunday, December 23, 2012

"Contraceptives dispute reaches Court": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 09:10 PM by Howard Bashman


"U.S. appeals court nominee Robert E. Bacharach may have to be nominated again next year; Oklahoma Sen. Tom Coburn blames 'inside politics' for possibility that Bacharach, who has strong bipartisan support, might not be confirmed this year": Chris Casteel has this article today in The Oklahoman.
Posted at 09:04 PM by Howard Bashman


"Obama's impact on federal judiciary": Robert Barnes will have this article Monday in The Washington Post.

Update: The article appears to suggest that President Obama had nominated Goodwin Liu to serve on the D.C. Circuit, when in fact then-professor Liu had been nominated to the Ninth Circuit. This blog's previous coverage of that nomination can be accessed here and here, while this blog's previous coverage of the nominee's withdrawal can be accessed here and here.
Posted at 06:09 PM by Howard Bashman



"Cats at Hemingway Museum Draw Tourists, and a Legal Battle": This article appears today in The New York Times.
Posted at 08:32 AM by Howard Bashman


Michael Kirkland of UPI is reporting: He has articles headlined "Under the U.S. Supreme Court: Are school massacres linked to violent video games?" and "The Year in Review 2012: Yes, Virginia, the U.S. Supreme Court does exist."
Posted at 08:30 AM by Howard Bashman


Saturday, December 22, 2012

"Elmbrook Church graduation case could go to Supreme Court": In Sunday's edition of The Milwaukee Journal Sentinel, Bruce Vielmetti will have an article that begins, "The 1st Amendment dispute over Brookfield public high school graduations inside Elmbrook Church could be headed to the U.S. Supreme Court. With the help of a religious liberty group, a Stanford University law professor and one of the country's biggest law firms, the Elmbrook School District on Friday filed a petition seeking high court review of a decision that went against the district in what advocates on both sides say could become one of the most significant church-state cases in years."

You can access the petition for writ of certiorari at this link.
Posted at 09:55 PM by Howard Bashman



"Iowa Supreme Court: Firing of attractive worker not harassment; A dentist said the woman was a threat to his marriage." This article appears today in The Des Moines Register.

My earlier coverage of yesterday's Iowa Supreme Court ruling appears at this link.
Posted at 09:50 PM by Howard Bashman



"Announcing the Green Bag bobbleheads' move to the Washington, DC office of O'Melveny & Myers LLP": The Green Bag has posted this video at YouTube.

And an announcement at The Green Bag's web site is titled "Bobblehead forum conveniens."
Posted at 05:09 PM by Howard Bashman



In the December 2012 issue of The Yale Law Journal: John H. Langbein has an article titled "The Disappearance of Civil Trial in the United States."

Dylan O. Keenan has a note titled "Confronting Crawford v. Washington in the Lower Courts."

And Monika Isia Jasiewicz has a comment titled "Copyright Protection in an Opt-Out World: Implied License Doctrine and News Aggregators."
Posted at 01:28 PM by Howard Bashman



In the January 2013 issue of the ABA Journal magazine: Mark Walsh has an article headlined "Blood Simple: DWI Test Is Latest in a Series of SCOTUS 4th Amendment Cases."

Lorelei Laird has an article headlined "The Dream Bar: Some Children Illegally Living in the United States Grow Up to Want to Be Attorneys."

And Bryan A. Garner has an article headlined "Argument Talk: Tips for Litigators on Raising, Answering and Dropping Points."
Posted at 01:24 PM by Howard Bashman



"The New Yorker must turn over unedited transcripts of interview with former Penn State President Graham Spanier": The Patriot-News of Harrisburg, Pennsylvania has this report.
Posted at 10:14 AM by Howard Bashman


"Judge denies Orie Melvin's legal arguments; Justice cannot use her position in the judiciary to evade charges": In today's edition of The Pittsburgh Post-Gazette, Paula Reed Ward has an article that begins, "An Allegheny County judge on Friday denied a motion by suspended state Supreme Court Justice Joan Orie Melvin in which she claimed that she should not face criminal prosecution because of her position in the judiciary."

The Pittsburgh Tribune-Review reports that "Judge denies Orie Melvin claim of immunity."

And The Associated Press reports that "Judge says suspended Joan Orie Melvin isn't above criminal charges."

According to these news reports, trial on these criminal charges is scheduled to begin on January 23, 2013.
Posted at 10:11 AM by Howard Bashman



Third Circuit: "We must now decide whether and when [the] Supreme Court [of the Virgin Islands] may reject our pre-2007 interpretations of Virgin Islands law." A three-judge panel of the U.S. Court of Appeals for the Third Circuit issued this interesting ruling yesterday.
Posted at 10:00 AM by Howard Bashman


"Appeals court puts hold on California gay conversion ban; The decision blocks the law designed to prevent therapists from trying to change minors' sexual orientation pending a ruling on its constitutionality": Maura Dolan has this article today in The Los Angeles Times.

And The San Francisco Chronicle reports today that "Court puts hold on gay conversion law."

My earlier coverage of yesterday's Ninth Circuit order appears in the post immediately below.
Posted at 09:52 AM by Howard Bashman



Friday, December 21, 2012

"Court puts hold on gay conversion therapy ban": Maura Dolan of The Los Angeles Times has this news update.

The Associated Press reports that "Court blocks California law banning gay therapy."

And Bloomberg News reports that "California Gay Conversion Therapy Ban Blocked by Court."

You can access today's order of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 09:14 PM by Howard Bashman



"Appeal against 3-day wait for SD abortion dropped": The Associated Press has this report.
Posted at 05:04 PM by Howard Bashman


Where were you on May 15, 2012? That morning, I argued an appeal before a three-judge panel of the Superior Court of Pennsylvania on behalf of my client in that case, Continental Bank. Today, the court issued this non-precedential ruling in that matter.
Posted at 05:00 PM by Howard Bashman


"Can a male employer terminate a female employee because the employer's wife, due to no fault of the employee, is concerned about the nature of the relationship between the employer and the employee?" So begins an opinion that the Supreme Court of Iowa issued today.

In early news coverage, The Associated Press has a report headlined "Iowa court: Bosses can fire 'irresistible' workers."
Posted at 04:15 PM by Howard Bashman



"Robert Bork: Of Great Successes and Great Failures." Law professor Richard Epstein has this blog post at "Ricochet."
Posted at 03:09 PM by Howard Bashman


"Former top patent judge: system works 'quite well,' needs to be 'stronger'; Prominent judges with radically different perspectives square off in debate": Timothy B. Lee has this blog post at Ars Technica,
Posted at 02:54 PM by Howard Bashman


"For decades, Slesinger and Disney have disputed the Winnie-the-Pooh rights in both state and federal courts as well as at the Board." So explains the majority opinion that a divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued today.

Back on June 17, 2011, John L. Welch had a post at "The TTABlog" titled "Applying Collateral Estoppel to the Ownership Issue, TTAB Enters Summary Judgment in 'WINNIE THE POOH' Trademark Dispute" about the ruling of the Trademark Trial and Appeal Board that gives rise to today's Federal Circuit decision.
Posted at 02:40 PM by Howard Bashman



"U.S. appeals court revives VeriFone restatement lawsuit": Dan Levine of Reuters has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 02:25 PM by Howard Bashman


"Getting Nearer and Nearer": In the January 10, 2013 issue of The New York Review of Books, law professor David Cole will have this review of law professor Michael J. Klarman's book, "From the Closet to the Altar: Courts, Backlash, and the Struggle for Same-Sex Marriage."
Posted at 01:28 PM by Howard Bashman


"One of two escaped bank robbers nabbed on North Side": The Chicago Tribune has this news update.

The Chicago Sun-Times has a news update headlined "Escapee Joseph 'Jose' Banks caught after daring jailbreak."

And The Associated Press has a report headlined "FBI: 1 of 2 escaped Chicago inmates arrested."
Posted at 01:24 PM by Howard Bashman



"Ky. court upholds decision in penis removal case": The Associated Press has this report on an unpublished ruling that the Kentucky Court of Appeals issued today.
Posted at 01:18 PM by Howard Bashman


"Use of Death Sentences Continues to Fall in U.S." Ethan Bronner has this article today in The New York Times.
Posted at 12:54 PM by Howard Bashman


"I Got a Second Chance After Robbing Banks -- And Others Should, Too; After serving a 12 year prison sentence, the author was able to build a meaningful life; Today's irrational laws are robbing young people of that opportunity": Shon Hopwood has this essay online today at The Atlantic.
Posted at 12:08 PM by Howard Bashman


"'Borking' Before Bork": Professor David Greenberg has this op-ed today in The New York Times.
Posted at 12:05 PM by Howard Bashman


"Judge dismisses suit challenging senate filibuster": The Associated Press has this report.

At "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Judge Voids Challenge of Senate Filibuster Rule."

And at "SCOTUSblog," Lyle Denniston has a post titled "Filibuster challenge fails."

You can access today's ruling of the U.S. District Court for the District of Columbia at this link.
Posted at 11:58 AM by Howard Bashman



Thursday, December 20, 2012

"Appeals court rules against Hobby Lobby in contraception coverage case; A Denver-based federal appeals court denied the retail chain's bid to overturn a lower court's ruling on a part of the federal health care law regarding insurance coverage for contraception": The Oklahoman has this news update.
Posted at 06:15 PM by Howard Bashman


The contents of the December 2012 issue of the Harvard Law Review are now available online: You can access the contents via this link.

Under the heading "Recent Cases," you can access items titled "First Circuit Invalidates Statute that Defines Marriage as Legal Union Between One Man and One Woman"; "Second Circuit Holds that Willful Blindness Is Knowledge in Digital Millennium Copyright Act Safe Harbor Provision"; and "D.C. Circuit Rejects Industry Challenges to New Greenhouse Gas Rules."
Posted at 06:02 PM by Howard Bashman



Book giveaway update: I am pleased to report that, with three minutes to spare, this afternoon I received an email from a reader of this blog who was interested in receiving my review copy of the book "In the Name of Justice: Striving for the Rule of Law in China," written by law professor He Weifang. Tomorrow, the book will be on its way, free-of-charge, by U.S. mail to this reader. If the reader chooses to provide me with a review of the book, I will consider posting it here at "How Appealing."
Posted at 05:46 PM by Howard Bashman


"Borking Around": Michael Dolan has this blog post online today at The New Republic. Back in 1987, Dolan wrote an article headlined "The Bork Tapes" for the Washington City Paper.
Posted at 05:32 PM by Howard Bashman


"Meat company sues feds over horse slaughterhouse": The Associated Press has this report.
Posted at 03:57 PM by Howard Bashman


"Bank Robber's Lawyer Pitches Supreme Court on Machine Gun Law": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."
Posted at 03:04 PM by Howard Bashman


"Appeals court declines to rehear GHG-rule challenge, tees up case for Supreme Court": Lawrence Hurley of Greenwire has this report.

And the blog "D.C. Circuit Review" has a post titled "Greenhouse Gas Case Sparks Double Dissent from Denial of Rehearing En Banc."

My earlier coverage of today's D.C. Circuit order appears at this link.
Posted at 02:54 PM by Howard Bashman



Ninth Circuit holds that leases of land by San Diego to a nonprofit chartered by the Boy Scouts of America does not violate provisions of the California or U.S. Constitutions relating to the establishment of religion: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:36 PM by Howard Bashman


"Asians: Too Smart for Their Own Good?" Northwestern University professor Carolyn Chen has this college admissions-related op-ed in today's edition of The New York Times.
Posted at 01:30 PM by Howard Bashman


"Remembering Bork: He was my teacher 30 years ago; I've spent my career proving him wrong." Law professor Akhil Reed Amar has this jurisprudence essay online at Slate.
Posted at 01:24 PM by Howard Bashman


"The Gun Lobby's Favorite Part Of The Health Law": NPR has this blog post.

And at the "Opinionator" blog of The New York Times, University of Notre Dame philosophy professor Gary Gutting has a post titled "The N.R.A.'s Blockade on Science."
Posted at 12:18 PM by Howard Bashman



"A conservative case for an assault weapons ban: If we can't draw a sensible line on guns, we may as well call the American experiment in democracy a failure." In today's edition of The Los Angeles Times, U.S. District Judge Larry Alan Burns (S.D. Cal.) has an op-ed that begins, "Last month, I sentenced Jared Lee Loughner to seven consecutive life terms plus 140 years in federal prison for his shooting rampage in Tucson."
Posted at 12:14 PM by Howard Bashman


"Georgia Doctors Ask Judge to Halt Midterm Abortion Limits": Bloomberg News has this report.
Posted at 12:08 PM by Howard Bashman


"Sirius XM Class-Action Settlement Upheld by Appeals Court": Bloomberg News has this report on a non-precedential ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 12:06 PM by Howard Bashman


"EPA Carbon-Limits Challenge Won't Get Court Rehearing": Bloomberg News has this report on an order, accompanied by concurring and dissenting statements, that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 12:03 PM by Howard Bashman


"Unlikely Lame-Duck Vote in 1980 Still Reverberates": Michelle Olsen has this post today at her "Appellate Daily" blog.
Posted at 11:25 AM by Howard Bashman


"Supreme Court's niqab ruling must balance religious freedom, defendant rights": Kirk Makin of The Toronto Globe and Mail has this preview of a ruling that the Supreme Court of Canada is expected to issue this morning.

And CBC News reports that "Top court to rule if witness can wear niqab in court; Woman wants to testify with her face covered in childhood sexual assault case."

Update: You can access today's ruling of Canada's highest court at this link.

In early news coverage, Kirk Makin of The Toronto Globe and Mail has a news update headlined "Witness may be required to remove niqab while testifying: top court" that begins, "An Islamic witness may be required to remove her niqab veil to testify in court depending on the seriousness of the case and the intensity of her religious beliefs, the Supreme Court of Canada ruled Thursday."

And The Associated Press reports that "Canada rules on wearing religious veil in court."
Posted at 09:16 AM by Howard Bashman



"Judge halts fed move to seize Hathaway's Florida home; Delay may indicate justice ready to make deal on fraud charges": Today's edition of The Detroit News contains an article that begins, "A federal judge Wednesday temporarily halted attempts by the government to seize Michigan Supreme Court Justice Diane Hathaway's home in Florida, a possible sign Hathaway is considering a deal in the controversial land transaction case."

And The Detroit Free Press reports today that "Hathaway gets 90-day stay in battle over Florida home."
Posted at 09:10 AM by Howard Bashman



Wednesday, December 19, 2012

"Why Didn't Robert Bork Reach the Supreme Court? Because of politics, of course -- and that's fair enough." Seventh Circuit Judge Richard A. Posner has this essay online at Slate.

And law professor Michael McConnell has a jurisprudence essay titled "What if Robert Bork Had Joined the Supreme Court? It probably would have been less politicized and more committed to the rule of law."
Posted at 09:42 PM by Howard Bashman



"Supreme Court rulings limit options of gun-control task force": Michael Doyle of McClatchy Newspapers has this report.
Posted at 05:38 PM by Howard Bashman


"Federal prosecutors involved in escapee's case offered protection": The Chicago Sun-Times has this news update.

And The Chicago Tribune has a news update headlined "FBI: Video shows escaped bank robbers getting into cab."
Posted at 05:14 PM by Howard Bashman



"TSA Wants to Know if Airport Body Scanners Are Nuking You": David Kravets has this post today at Wired.com's "Threat Level" blog.
Posted at 05:02 PM by Howard Bashman


"Federal appeals court to hear claim by James 'Whitey' Bulger that judge is biased against him": The Boston Globe has this news update.
Posted at 04:48 PM by Howard Bashman


"Fears of an Asian Quota in the Ivy League": The New York Times has just posted online this "Room for Debate" discussion.
Posted at 04:42 PM by Howard Bashman


"Bork nomination fight altered judicial selection": Mark Sherman of The Associated Press has this report.
Posted at 04:30 PM by Howard Bashman


"Leahy to remain chair of Judiciary; Feinstein of Intel": CNN.com has this report.
Posted at 04:17 PM by Howard Bashman


"Postscript: Robert Bork, 1927-2012." Jeffrey Toobin has this blog post online at The New Yorker.

Online at The New Republic, law professor Jeffrey Rosen has a blog post titled "We're Still Paying the Price for the Borking of Robert Bork."

And online at The Atlantic, Andrew Cohen has an essay titled "The Sad Legacy of Robert Bork: The late judge didn't have a chance to move Supreme Court jurisprudence; But his failure to be confirmed had a profound and regrettable effect on how we nominate justices today."
Posted at 04:11 PM by Howard Bashman



He writes a book, and I give it away to a reader of this blog who actually wants it: Yesterday's mail contained a review copy of the book "In the Name of Justice: Striving for the Rule of Law in China," written by law professor He Weifang (whose blog you can access here).

It is not for me to explain why I would receive a review copy of this book, instead of a review copy of a new book whose subject matter seems much more relevant to this blog, such as "Scalia and Garner's Reading Law: The Interpretation of Legal Texts."

Although my influence over the sort of books that people decide to send me apparently extends only so far, I have decided -- beginning now -- to ensure that any books that I receive that I am not inclined to read will be offered free of charge to a reader of this blog who actually wants the book.

Here are the rules: (1) This offer is open only to individuals who have a mailing address in the United States; (2) If you want the book, you must send me an email explaining why you want the book; (3) The person whom I choose to receive the book will have the opportunity to email me a two-paragraph review of the book due not later than 30 days after receiving the book, which I may choose to publish at "How Appealing" together with the reviewer's name or (at a minimum) a description of the reviewer's relevant qualifications; and (4) The person whom I choose to receive the book will need to provide me with his or her name and mailing address, either in the original email that they send or in response to my email advising that he or she has been selected to receive the book. This book being offered right now apparently retails for $34.95 and is not guaranteed to arrive in time for the holidays.

Any reader who is interested in receiving this book should send me an email that arrives at my blog's email account (appellateblog@hotmail.com) between now and 4 p.m. eastern time on Thursday, December 20, 2012. The book may be mailed to the lucky winner of this giveaway on Friday, December 21, 2012. The selection of a recipient will be within the sole discretion of this blog's author, and no appeals or original writs will be entertained.
Posted at 04:02 PM by Howard Bashman



"Michael Douglas watches NY appeals fight over son": The Associated Press has a report that begins, "Michael Douglas has been watching from a New York courtroom audience as federal appeals judges consider the validity of his son's nearly 10-year prison sentence for drug crimes."
Posted at 03:36 PM by Howard Bashman


"On the Death of Judge Robert Bork": Paul J. Larkin, Jr., a former law clerk to Judge Bork, has this post at "The Foundry" blog of The Heritage Foundation.
Posted at 03:26 PM by Howard Bashman


"Religious challenge to health care law can continue": Michael Doyle of McClatchy Newspapers has this report.
Posted at 03:22 PM by Howard Bashman


"The New Yorker finds the U.S. Constitution ungrammatical": Mark Liberman had this post yesterday at "Language Log" commenting on an aspect of Jeffrey Toobin's blog post titled "So You Think You Know the Second Amendment?"
Posted at 03:00 PM by Howard Bashman


"The mother behind kids' long-shot legal crusade": Lawrence Hurley of Greenwire has this report.
Posted at 02:55 PM by Howard Bashman


"Former Solicitor General Returns to Law School to Teach Contracts": Columbia University issued this news release today.
Posted at 01:20 PM by Howard Bashman


"Gun control measures face new legal landscape": In today's edition of The Washington Post, Robert Barnes has an article that begins, "If the rhetoric about a legislative response to the Newtown, Conn., school shootings actually turns into legislation, it will do so in a legal landscape changed by the Supreme Court's 2008 decision that Americans have a constitutional right to gun ownership."

And Greg Stohr of Bloomberg News reports that "Gun-Control Backers See No High Court Hurdle for Laws."
Posted at 11:48 AM by Howard Bashman



"Conference committee drops ban on indefinite detention of Americans": Josh Gerstein of Politico.com has this blog post.
Posted at 11:44 AM by Howard Bashman


"The mark at issue here has two parts: a literal element, consisting of the words COCK SUCKER, and a design element, consisting of a drawing of a crowing rooster." So explains an opinion that the U.S. Court of Appeals for the Federal Circuit issued today.

"The TTABlog" previously reported on the ruling of the Trademark Trial and Appeal Board in this case in a post that you can access here.
Posted at 11:40 AM by Howard Bashman



"Robert H. Bork, Conservative Jurist, Dies at 85": The New York Times has this news update.

The Washington Post has a news update headlined "Judge Robert H. Bork, conservative icon, dies at 85."

David G. Savage of The Los Angeles Times has a news update headlined "Robert Bork, failed Supreme Court nominee, dies at age 85."

The Wall Street Journal has a news update headlined "Former High Court Nominee Bork Dies."

USA Today has a news update headlined "Former Supreme Court nominee Robert Bork dies; Bork became a hero to conservatives and a symbol of the heated debate over issues such as abortion."

The Associated Press has a report headlined "Bork, whose failed nomination made history, dies."

Bloomberg News reports that "Robert Bork, Judge Defeated in Supreme Court War, Dies at 85."

David Ingram of Reuters reports that "Conservative U.S. jurist Robert Bork dies at 85."

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Defeated Supreme Court Nominee Robert Bork Dead at 85."

Update: Via YouTube, you can access a video tribute that the Federalist Society presented in 2007.

Bork's C-SPAN appearances can be accessed via this link.

And in October 2012, Adam J. White had an article in Commentary titled "Bork Won."
Posted at 10:46 AM by Howard Bashman



"Daring jailbreak kicks off manhunt; 2 bank robbers rappel 15 stories from Loop lockup; police scour suburb where pair last seen": This article appears today in The Chicago Tribune.
Posted at 08:37 AM by Howard Bashman


"Partial win against birth control rule": Lyle Denniston has this post at "SCOTUSblog."
Posted at 08:32 AM by Howard Bashman


Tuesday, December 18, 2012

"Federal appeals court rules against New Orleans taxi drivers on all counts": The Times-Picayune of New Orleans has this news update reporting on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued today.
Posted at 10:50 PM by Howard Bashman


"NYC's Met can keep Cezanne painting seized in Russian revolution": Nate Raymond of Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 04:53 PM by Howard Bashman


"Master of the Sock Puppets": Jack Hitt has this blog post online today at The New Yorker.

In related coverage, The Times-Picayune of New Orleans reports that "Scandal in U.S. Attorney's Office is fodder for The New Yorker."
Posted at 04:13 PM by Howard Bashman



"Personal Guns and the Second Amendment": This editorial appears today in The New York Times.
Posted at 04:10 PM by Howard Bashman


"Judge OKs Warrantless Cell-Site Data in Landmark Privacy Case": David Kravets has this post today at Wired.com's "Threat Level" blog.

And yesterday at "The BLT: The Blog of Legal Times," Mike Scarcella had a post titled "Judge Rules for DOJ in Dispute over Cell Tower Data."
Posted at 03:02 PM by Howard Bashman



"Mo. man receives $7,000 after arrest for flag desecration": Online at the First Amendment Center, David L. Hudson Jr. has a report that begins, "A Cape Girardeau, Mo., man arrested for desecrating an American flag must be paid $7,000 in compensatory damages, a federal judge has ruled."
Posted at 03:00 PM by Howard Bashman


"Supreme Court Gun Ruling Doesn't Block Proposed Controls": Adam Liptak will have this article Wednesday in The New York Times.
Posted at 02:05 PM by Howard Bashman


"Appeals court sides with newspaper in labor fight": 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 01:11 PM by Howard Bashman


"SWAT teams enter Tinley Park home in search for 2 escapees": The Chicago Tribune has this news update.
Posted at 01:07 PM by Howard Bashman


"Spurning the beach in Hawaii, senior judge moving to Texas to help out the Western District": Today at the "Tex Parte Blog" of Texas Lawyer, John Council has a post that begins, "It is safe to assume that most practicing lawyers and judges in the state of Texas have dreamed of retiring on the Hawaiian Islands at some point in their lives. And Senior U.S. District Judge David Ezra is planning a similar journey, except in reverse."
Posted at 12:18 PM by Howard Bashman


"Why It Might Be Hard to Completely Ban Gay Conversion Therapy: Is this treatment protected speech? Two California courts disagree." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 12:14 PM by Howard Bashman


"I write separately merely to remind the district judges of this circuit of the importance of careful consideration of the wisdom of imposing de facto life sentences." So begins a concurring opinion that Circuit Judge Richard A. Posner issued today in a case in which a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit unanimously dismissed as frivolous an appeal challenging the imposition of a 50-year federal sentence of imprisonment on a 46-year-old man convicted of producing child pornography.
Posted at 12:09 PM by Howard Bashman


Congratulations to the "Exemplary Legal Writing 2012 Honorees" of The Green Bag Almanac & Reader: You can view the list of works being honored at this link.
Posted at 11:38 AM by Howard Bashman


"Two bank robbers escape from Loop federal jail": The Chicago Sun-Times has this news update.

Update: The Associated Press has a report headlined "2 inmates escape from federal prison in Chicago" that begins, "Two convicted bank robbers are at large after using a knotted rope or bed sheets to escape from a federal prison window high above downtown Chicago early Tuesday, a week after one of them made a courtroom vow of retribution."
Posted at 11:11 AM by Howard Bashman



"New Data Shows Judicial Election Ad Spending Breaks Record at $29.7 Million; One Outside Group Spent $429,000 in Louisiana Election": The Brennan Center for Justice and Justice at Stake issued this news release yesterday.
Posted at 11:00 AM by Howard Bashman


"The Catch-22 of Eyewitness ID: Juries trust the memory of witnesses even when they shouldn't." Skye Nickalls has this jurisprudence essay online at Slate.
Posted at 10:57 AM by Howard Bashman


"30 Under 30: Law & Policy." Forbes has the details at this link.
Posted at 09:24 AM by Howard Bashman


"Post-Newtown gun legislation will hinge on 'Heller'": Marcia Coyle of The National Law Journal has this report.

And online at The New Yorker, Jeffrey Toobin has a blog post titled "So You Think You Know the Second Amendment?"
Posted at 09:18 AM by Howard Bashman



"Montana court rejects gay couples' equal benefits": The Associated Press has this report on a 4-to-3 ruling that the Supreme Court of Montana issued yesterday. The court also issued this synopsis of its ruling.
Posted at 09:03 AM by Howard Bashman


"How might Supreme Court justices view the gay-marriage issues before them?" Beth Hawkins has this report at MinnPost.
Posted at 08:45 AM by Howard Bashman


"Diehl-Armstrong asks Supreme Court to hear appeal in Erie pizza bomber case": The Erie (Pa.) Times-News has this report.
Posted at 08:42 AM by Howard Bashman


"Texas Voter ID Suit Put on Hold Till Supreme Court Rules": Bloomberg News has this report.
Posted at 08:34 AM by Howard Bashman


"Under the U.S. Supreme Court: Scalia in '08 -- Right to bear arms is 'not unlimited.'" Michael Kirkland of UPI has this report.

Ariane de Vogue of ABC News has a blog post titled "Supreme Court and Guns: Justices Have Yet to 'Clarify the Entire Field.'"

And at the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a blog post titled "Constitution Check: Is the Supreme Court partly to blame for Newtown?"
Posted at 08:30 AM by Howard Bashman



Monday, December 17, 2012

"Appeals court sides with city on Duke lacrosse": The Herald-Sun of Durham, North Carolina has a news update that begins, "A 4th U.S. Circuit Court of Appeals panel on Monday tossed out all federal-law claims from three groups of Duke University lacrosse players who've sued the city and the police who investigated the 2006 Duke lacrosse case."

And The News & Observer of Raleigh, North Carolina has an update headlined "US Appeals Court dismisses bulk of Duke lacrosse claims."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 11:24 PM by Howard Bashman



"NOPD cop convicted in Henry Glover case getting new trial, appeals court decides": The Times-Picayune of New Orleans has a news update that begins, "A federal appeals court Monday overturned the conviction of former New Orleans Police Officer David Warren in the fatal shooting of Henry Glover, whose shot and burned body turned up in Hurricane Katrina's aftermath."

You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 11:16 PM by Howard Bashman



"Messing With Chief Judge Kozinski": At "Above the Law," David Lat has this post linking to the videos of two lengthy interviews (here and here) with the Ninth Circuit's chief judge.
Posted at 09:40 PM by Howard Bashman


"Video of GW Law Event on Henry Friendly": Orin Kerr has this post at "The Volokh Conspiracy."
Posted at 04:45 PM by Howard Bashman


"He is now the longest-serving [federal district] judge in the history of the 3rd U.S. Judicial Circuit, a jurisdiction that includes district courts in Pennsylvania, New Jersey, Delaware and the Virgin Islands." On Saturday, The Scranton Times Tribune published an article headlined "Senior U.S. District Judge William J. Nealon reaches a golden milestone."
Posted at 03:57 PM by Howard Bashman


"Newtown gun group challenging ATF authority to seek data on gun sales": Lawrence Hurley has this post today at his "Washington Briefs" blog.
Posted at 11:20 AM by Howard Bashman


Sixth Circuit upholds entry of summary judgment against former University of Toledo official who claims she was fired in violation of her First Amendment rights for rebuking comparisons drawn between the civil-rights and gay-rights movements in a published op-ed: You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit at this link.

In February 2012, The Toledo Blade reported on the federal district court's dismissal of the lawsuit in an article headlined "Suit filed by ex-UT official dismissed; Firing followed column on gay rights."
Posted at 10:58 AM by Howard Bashman



"8 Lawyers Obama May Pick for Supreme Court": Bloomberg Law has posted this video online today at YouTube.
Posted at 10:22 AM by Howard Bashman


"Bill Renews Debate on Merging Highest Two Courts": The Texas Tribune has this report.
Posted at 08:07 AM by Howard Bashman


"Are Odd Electives a Waste? Third-Year Law-School Classes Often Delve Into Quirky Territory, Draw Criticism." Susannah Moran and Joe Palazzolo have this article today in The Wall Street Journal.

You can freely access the full text of the article via Google News.
Posted at 07:58 AM by Howard Bashman



"How Bancroft Became Conservatives' Law Firm of Choice for Hot-Button Cases; Paul Clement and the tiny firm he joined in 2011 have have already taken on gay marriage, immigration, health care, voting rights, and redistricting; What's next?" Susan Beck has this cover story in the December 2012 issue of The American Lawyer.
Posted at 07:52 AM by Howard Bashman


Sunday, December 16, 2012

"Decision on gay 'conversion therapy' ban depends on other rulings; The dispute is before the U.S. 9th Circuit Court of Appeals, which is expected to decide within the next several days whether to put the law on hold before it takes effect Jan. 1": Maura Dolan has this article today in The Los Angeles Times.
Posted at 08:52 PM by Howard Bashman


"Judges take on ministers over supreme court; Chris Grayling told by judiciary to give up power to appoint chief executive": The Guardian (UK) has this news update.
Posted at 08:37 PM by Howard Bashman


"New state Supreme Court justice clearly has his mind made up": Columnist James Gill of The Times-Picayune of New Orleans has this essay today.
Posted at 08:30 PM by Howard Bashman


"Florida's Property Rights Abuse Lands at the Supreme Court; The justices prepare to hear a major 5th Amendment case": Damon W. Root has this essay online at Reason.
Posted at 08:26 PM by Howard Bashman


"Remove a Stain on the Supreme Court by Impeaching Justice Scalia; He's been off the rails for years, but the justice's latest outburst regarding homosexuality should be the last straw: it's time for Congress to kick him out." Law professor David R. Dow had this essay online Friday at The Daily Beast.

Friday at The Huffington Post, Michael Russnow had an essay titled "Scalia's Gay Stance Is Unacceptable: Recusal From Supreme Court Deliberations on DOMA and California Proposition 8 Is Called For."

And in Friday's edition of The Chicago Tribune, Bill Press had an op-ed titled "Scalia has no right to rule on same-sex marriage."
Posted at 03:39 PM by Howard Bashman



"Same-Sex Marriage and the Supreme Court": This segment appeared on Friday's broadcast of the PBS program "Religion & Ethics NewsWeekly."
Posted at 03:30 PM by Howard Bashman


"Common ground on affirmative action: Asian-Americans, like students of other races, benefit from the kind of diversity that enriches their education and prepares them for careers in the global workplace." Khin Mai Aung and Robert Toone will have this op-ed in tomorrow's edition of The National Law Journal.
Posted at 03:27 PM by Howard Bashman


"Obama administration drops appeal over Guantanamo rules": Josh Gerstein had this post yesterday at Politico.com.
Posted at 03:24 PM by Howard Bashman


"To Judge Richard Posner, Gun Control Is a Joke; Days before Newtown, the Seventh Circuit extended the Second Amendment beyond even the Supreme Court's decisions": Law professor Garrett Epps has this essay online today at The Atlantic.

And Andrew Cohen has an essay entitled "Guns, Parents and Sandy Hook: Time to Take The Bullet; The National Rifle Association is a mighty thing; But it is still no match for the political power of parents in America."
Posted at 02:46 PM by Howard Bashman



"High court fight looms over right to carry a gun": Mark Sherman of The Associated Press has this report.
Posted at 09:24 AM by Howard Bashman


"Under the U.S. Supreme Court: Woman, 83, unlikely same-sex marriage warrior." Michael Kirkland of UPI has this report.
Posted at 09:20 AM by Howard Bashman


Saturday, December 15, 2012

"The Last Shot: If Newtown doesn't change how Americans treat guns, can anything?" Emily Bazelon has this jurisprudence essay online at Slate.

And Katie Mesner-Hage has a jurisprudence essay titled "The Last Outright Ban on Concealed Weapons Goes Down: Illinois' law falls to the Second Amendment right to bear arms."
Posted at 11:16 PM by Howard Bashman



"Obama's health care law still facing court challenges; None of the lawsuits pose as great a threat to the law as those decided in June, but their legion indicates the legal battles are far from over": Richard Wolf had this article yesterday in USA Today.
Posted at 11:44 AM by Howard Bashman


Friday, December 14, 2012

"[W]e conclude that the scope of the Second Amendment does not extend to provide protection to illegal aliens, because illegal aliens are not law-abiding members of the political community": So ruled a unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit in a decision issued today.
Posted at 11:54 PM by Howard Bashman


"Court lets slaves' descendants sue Cherokee chief": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 11:38 PM by Howard Bashman


"Gay Marriage Supporters Optimistic About Winning Anthony Kennedy's Vote": Sahil Kapur has this post today at TPM DC.
Posted at 11:28 PM by Howard Bashman


"Court to decide whether religious challenge to health care law may proceed": Michael Doyle of McClatchy Newspapers has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Pressure on contraceptives mandate."
Posted at 11:26 PM by Howard Bashman



"The Courts: How Obama Dropped the Ball; The president's slow pace and anemic support for judicial appointments has kept the courts in conservative hands." Robert Kuttner has this essay online at The American Prospect.
Posted at 11:08 PM by Howard Bashman


"Lawyer cited for blasting Justin Timberlake wins case with Florida Supreme Court": This article appears today in The Tampa Bay Times.

And today's edition of The Miami Herald contains an article headlined "Florida court strikes down law that banned loud music from cars; The Florida Supreme Court has struck down a law that made it illegal for music coming from a car to be 'plainly audible' from 25 feet or more."

My earlier coverage of yesterday's Florida Supreme Court ruling appears at this link.
Posted at 11:06 PM by Howard Bashman



"AstraZeneca Wins U.S. Ruling to Block Generic Crestor": Bloomberg News has this report on a ruling that a divided three-juge panel of the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 11:02 PM by Howard Bashman


"[W]e will not alter the standard for measuring mental retardation for Atkins purposes in Pennsylvania, nor will we alter the burden of proof, nor will we establish special legal presumptions, or cautionary approaches, to govern all retrospective assessments of mental retardation": A unanimous Supreme Court of Pennsylvania (with one Justice not participating due to suspension) has issued this ruling in a death penalty case today.
Posted at 04:20 PM by Howard Bashman


"Elena Kagan talks diversity and (dis)agreement on the Supreme Court": Tal Kopan has this blog post at Politico.com.
Posted at 12:03 PM by Howard Bashman


"Supreme Court upholds anti-terrorism laws": Kirk Makin of The Toronto Globe and Mail has a news update that begins, "Canada's anti-terrorism laws do not violate the constitutional rights of those suspected of furthering terrorist acts, the Supreme Court of Canada has ruled."

And The Associated Press reports that "Canada's high court upholds anti-terror law."

You can access here and here today's rulings of the Supreme Court of Canada.
Posted at 11:18 AM by Howard Bashman



"This case arises mainly from an employer's belief that exclaiming 'WOW' to celebrate workers' special achievements would hearten the workers and quicken their zeal. As so often in human relationships, things proved more complicated." So begins an opinion that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 11:09 AM by Howard Bashman


"Federal judges sue to win promised pay increases": Jesse J. Holland of The Associated Press has this report.
Posted at 09:20 AM by Howard Bashman


"Legitimate judicial philosophy, poor rhetoric": This editorial appears in The Daily Princetonian today.

The newspaper also contains an article headlined "Media coverage of Hosie '16-Scalia interaction was unfair, campus conservative leaders say."
Posted at 09:18 AM by Howard Bashman



"Kagan praises Scalia for work on Supreme Court": The Associated Press has this report.
Posted at 09:10 AM by Howard Bashman


Thursday, December 13, 2012

"Filling the federal bench: Obama needs to fight harder, and the Senate needs to give his nominees up-or-down votes." Robert C. Post and Daniel Schuker will have this op-ed Friday in The Los Angeles Times.
Posted at 10:02 PM by Howard Bashman


"The Arguments for Gay Marriage Undermine Affirmative Action: Here's how Justice Kennedy could vote to recognize same-sex unions and scrap racial preferences." Richard D. Kahlenberg has this jurisprudence essay online at Slate.
Posted at 09:05 PM by Howard Bashman


"Federal courts facing fiscal cliff braced for layoffs": Reuters has this report.
Posted at 05:50 PM by Howard Bashman


"It's OK to crank up the music, Florida Supreme Court rules": Reuters has this report on a ruling that the Supreme Court of Florida issued today.
Posted at 04:22 PM by Howard Bashman


"House GOP Boosts Funds for DOMA Legal Defense": Roll Call has this report.
Posted at 04:18 PM by Howard Bashman


"New crosses in place near Lindon for fallen UHP troopers": Today's edition of The Deseret News contains an article that begins, "New crosses honoring 15 fallen Utah Highway Patrol troopers now overlook I-15 just north of exit 273, taking the place of memorials that were removed from public land following a U.S. Supreme Court decision last year."
Posted at 04:12 PM by Howard Bashman


"Judicial Nominations and Confirmations in Obama's First Term": Russell Wheeler of The Brookings Institution has posted online this paper. You can access a summary by clicking here.
Posted at 04:05 PM by Howard Bashman


"Man who killed himself at Birmingham Hugo L. Black courthouse identified as director of building services": The Birmingham News has this update.

And Kyle Whitmire of The Birmingham News has an essay entitled "Inside Hugo Black Federal Courthouse, justice rolls on."
Posted at 03:56 PM by Howard Bashman



"Eighth Circuit Creates Intra-Circuit Conflict-In One Day": Ryan Koopmans has this post today at "On Brief: Iowa's Appellate Blog."
Posted at 03:45 PM by Howard Bashman


"Gays May Diverge From Blacks as Top Court Reshapes Rights": Greg Stohr of Bloomberg News has this report.
Posted at 03:42 PM by Howard Bashman


"New Senator says 'Aloha' to Senate Judiciary Committee": Todd Ruger has this post today at "The BLT: The Blog of Legal Times."
Posted at 01:14 PM by Howard Bashman


"Supreme Court Unanimously Upholds Concealed Gavel Law": The Onion has this report.
Posted at 12:00 PM by Howard Bashman


"Will Churches Be Forced To Conduct Gay Weddings? Not a chance; That's just the scare tactic conservative groups use to frighten voters." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 09:18 AM by Howard Bashman


"Constitution Check: Should gay Americans be afraid of the Supreme Court?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 09:12 AM by Howard Bashman


Wednesday, December 12, 2012

"Judges Needed for Federal Courts": This editorial will appear Thursday in The New York Times.
Posted at 10:30 PM by Howard Bashman


"Police whistleblower lawsuit gets new hearing": This post appears today at the "Crime Blotter" blog of The Press-Enterprise of Riverside, California.

At her "Trial Insider" blog, Pamela A. MacLean has a post titled "Circuit Revives Officer Suit Over Burbank Police Abuse."

And Courthouse News Service reports that "Full Circuit Reopens Case of Whistle-Blowing Cop."

You can access yesterday's order of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc at this link. The original three-judge panel's ruling can be accessed here.
Posted at 09:50 PM by Howard Bashman



"Cattle on a Thousand Hills: Reflections on the Beef Checkoff Litigation." Ronald A. Parsons Jr. has this article in the South Dakota Law Review.
Posted at 09:40 PM by Howard Bashman


"The Data Plan: What will replace affirmative action if the Supreme Court kills it?" Law professor Jeffrey Rosen has this essay online in The New Republic.
Posted at 08:36 PM by Howard Bashman


"Delaware's business court presses for secret arbitration": Tom Hals has this report today at Alison Frankel's "On the Case" from Thomson Reuters News & Insight.
Posted at 08:04 PM by Howard Bashman


"No Harm, No Standing: In the California gay-marriage case, no one has a legal interest in denying someone else's happiness." Walter Dellinger has this jurisprudence essay online at Slate.
Posted at 05:12 PM by Howard Bashman


"Emanuel calls federal appeals ruling on concealed weapons 'wrong-headed'": The Chicago Sun-Times has this news update.

And The Associated Press reports that "Court ruling on Ill. gun ban sets stage for fight."
Posted at 05:08 PM by Howard Bashman



"Reveling in Her Supreme Court Moment": This profile of Edith Windsor appeared in yesterday's edition of The New York Times.
Posted at 04:58 PM by Howard Bashman


"Should Scalia step aside in gay marriage cases?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 04:55 PM by Howard Bashman


"For Lesser Crimes, Rethinking Life Behind Bars": This front page article appears today in The New York Times.
Posted at 04:49 PM by Howard Bashman


"The Animus of Antonin Scalia": Amy Davidson has this blog post online today at The New Yorker.

Today's edition of The Daily Princetonian contains an article headlined "Challenging Justice Antonin Scalia, Hosie '16 brings international attention to Princeton" that begins, "In the span of less than a day, Duncan Hosie '16 -- a San Francisco native interested in constitutional law -- has attained international recognition for questioning Supreme Court Justice Antonin Scalia about his comparison of laws banning homosexuality to laws banning bestiality and murder."

In today's edition of The Los Angeles Times, David G. Savage has an article headlined "Justice Antonin Scalia defends writings on anti-gay laws; Confronted by a gay student at Princeton University, the high court justice says his comparison of laws did not equate homosexuality with bestiality or murder."

And Dana Milbank of The Washington Post has an op-ed headlined "Scalia blocks the aisle against gay marriage."
Posted at 04:26 PM by Howard Bashman



"Sept. 11 judge OKs war court audio delays, censor at Guantanamo": Carol Rosenberg of The Miami Herald has this report.
Posted at 04:20 PM by Howard Bashman


This is why I never demand more than $100 million for my blogging: Reuters has an article headlined "Unpaid bloggers lose bid to revive Huffington Post case." According to the article, "A three-judge panel of the 2nd U.S. Circuit Court of Appeals in New York on Wednesday rejected claims that the bloggers deserved $105 million of the deal's purchase price."

You can access today's non-precedential Summary Order of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 04:16 PM by Howard Bashman



"Standing and Delivering": At the "Opinionator" blog of The New York Times, Linda Greenhouse has a post that begins, "Is it heretical of me, or merely quirky, to find myself nearly as fascinated by the procedural game the Supreme Court is playing in the same-sex marriage cases as I am by the underlying merits of the two appeals the court has agreed to decide?"
Posted at 10:02 AM by Howard Bashman


Tuesday, December 11, 2012

Programming note: On Wednesday morning, I will be presenting oral argument to an en banc panel of the Commonwealth Court of Pennsylvania in Harrisburg at the lovely new Pennsylvania Judicial Center.

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 this case at the following links: Brief for Appellant; Reply Brief for Appellant.

Eventually, the video of the oral argument should be available online via the web site of the Pennsylvania Cable Network. I will link to the video when it becomes available.

My next post here is likely to appear sometime in the afternoon on 12/12/12.

Update: The oral argument seemed to go quite well. Now we await the court's ruling.
Posted at 11:00 PM by Howard Bashman



"Abortion Clinic Presses to Stay Open": Wednesday's edition of The Wall Street Journal will contain an article that begins, "Mississippi's only abortion clinic says it won't be able to meet a requirement of a new state law that tightens regulations for abortion providers, and has asked a federal judge to prevent state officials from revoking its license."

You can freely access the full text of the article via Google News.
Posted at 10:52 PM by Howard Bashman



"In prior visits, Scalia's presence on campus ignited controversy": The Daily Princetonian has this report.
Posted at 10:50 PM by Howard Bashman


"Have Gay Marriage Advocates Been Too Successful? Why their recent victories at the ballot box may hurt the chances for marriage equality before the Supreme Court." Law professor John Culhane has this jurisprudence essay online at Slate.
Posted at 10:46 PM by Howard Bashman


"In a first, the Bill of Rights is set in stone; Comedian convinces Arizona to place monument near state capitol": Tony Mauro has this article in the current issue of The National Law Journal.
Posted at 07:32 PM by Howard Bashman


"Religious colleges challenge health care law's contraception rule": Michael Doyle of McClatchy Newspapers has this report.
Posted at 07:21 PM by Howard Bashman


"Attorneys: Orie Melvin shouldn't face criminal charges." In today's edition of The Pittsburgh Post-Gazette, Paula Reed Ward has an article that begins, "Defense attorneys for suspended state Supreme Court Justice Joan Orie Melvin argued in a legal filing Friday that the suspended jurist should not be facing criminal charges because activity by court employees is to be regulated only by the judiciary."
Posted at 07:20 PM by Howard Bashman


"In what circumstances, if ever, does the common law duty of a commercial property owner to provide emergency first aid to invitees require the availability of an Automatic External Defibrillator for cases of sudden cardiac arrest?" Today, the majority on a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued an order certifying that question for resolution by the Supreme Court of California. The dissenting judge would have held that California law imposes the duty in question under the circumstances of this case.

Update: At her "Trial Insider" blog, Pamela A. MacLean has a post titled "Does First Aid Include Providing Defibrillators?"

And Courthouse News Service reports that "Calif. High Court Pulled Into Target Liability Case."
Posted at 01:42 PM by Howard Bashman



"New animal-cruelty indictments raise First Amendment questions": Tony Mauro has this news analysis online at the First Amendment Center.
Posted at 01:32 PM by Howard Bashman


"ACLU asks OAS to probe Padilla case": The Associated Press has a report that begins, "The American Civil Liberties Union is asking the Organization of American States' human rights commission to investigate the U.S. government for allegedly violating the rights of convicted terrorism plotter Jose Padilla by labeling him an 'enemy combatant' a decade ago and subjecting him to interrogation that amounted to torture, including sleep and sensory deprivation in solitary confinement."

You can access the ACLU's petition at this link.

Update: In other coverage, Reuters reports that "'Enemy combatant' Padilla files human rights action against U.S. government."
Posted at 01:27 PM by Howard Bashman



"U.S. appeals court strikes down state's concealed-carry ban": The Chicago Tribune has this news update.

The Chicago Sun-Times has a news update headlined "Federal appeals court tosses state ban on carrying concealed weapons."

And The Associated Press reports that "Court strikes down Illinois concealed carry law."

My earlier coverage of today's Seventh Circuit ruling appears in the post immediately below.

Update: In other coverage, Bloomberg News reports that "Court Voids Illinois Loaded-Gun Ban Outside Home, Work."

And Reuters reports that "Appeals court strikes down Illinois ban on handguns in public."
Posted at 01:22 PM by Howard Bashman



Majority on divided three-judge Seventh Circuit panel invalidates under the Second Amendment an Illinois law forbidding most people from carrying a loaded gun in public: You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.

Circuit Judge Richard A. Posner wrote the majority opinion, in which Circuit Judge Joel M. Flaum joined. Circuit Judge Ann Claire Williams issued a dissenting opinion.

Update: The majority opinion concludes: "we order our mandate stayed for 180 days to allow the Illinois legislature to craft a new gun law that will impose reasonable limitations, consistent with the public safety and the Second Amendment as interpreted in this opinion, on the carrying of guns in public."
Posted at 11:33 AM by Howard Bashman



"For Marriage Equality, the Work's Not Just in Court": Evan Wolfson has this op-ed online today at The New York Times.
Posted at 11:27 AM by Howard Bashman


"Iowa Supreme Court to Hear Birth-Certificate Case Brought By Same-Sex Couple": Ryan Koopmans has this post today at "On Brief: Iowa's Appellate Blog."
Posted at 10:45 AM by Howard Bashman


"Pushing same-sex marriage ahead": Charles Lane has this op-ed today in The Washington Post.

And online at The New Republic, law professor Jeffrey Rosen has a blog post titled "Can Gay Marriage Supporters Count on Kennedy?"
Posted at 10:32 AM by Howard Bashman



"GOP mute as Supreme Court tackles gay marriage": Josh Gerstein of Politico.com has this report.
Posted at 09:45 AM by Howard Bashman


"Edie Windsor, the Unlikely (and Ideal) Face of Same-Sex Marriage: An 82-year-old plaintiff, whose case may finally end the Defense of Marriage Act, looks back at her four-decade-long union to the love of her life." Andrew Cohen has this essay online at The Atlantic.
Posted at 09:44 AM by Howard Bashman


"Appeal of $7.2 bln card-fee settlement deferred": Erin Geiger Smith of Reuters has this report.
Posted at 09:42 AM by Howard Bashman


"Supreme Court Asked to Review $222K Landmark File-Sharing Case": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 09:38 AM by Howard Bashman


"Scalia defends opposition to gay rights in response to question at Princeton": This front page article appears today in The Daily Princetonian.
Posted at 09:35 AM by Howard Bashman


Monday, December 10, 2012

Federal law preempts Mississippi's Caller ID Anti-Spoofing Act, Fifth Circuit rules: You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 09:17 PM by Howard Bashman


"Christie introduces 2 new nominees for N.J. Supreme Court": The Newark Star-Ledger has this news update.

And The Philadelphia Inquirer has a blog post titled "Christie makes two 'compromise' picks to fill Supreme Court."
Posted at 09:03 PM by Howard Bashman



"Supreme Court Justice Antonin Scalia rejects idea of 'Living Constitution'": The Times of Trenton (N.J.) has this news update.
Posted at 08:30 PM by Howard Bashman


The Associated Press is reporting: Mark Sherman has an article headlined "Sotomayor book offers personal look."

And in other news, "Supreme Court Justice defends his arguments in NJ."
Posted at 08:26 PM by Howard Bashman



"Court system braces for layoffs as clock on fiscal crisis ticks": FoxNews.com has this report today.
Posted at 04:42 PM by Howard Bashman


"The Supreme Court's burgeoning business agenda": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 03:10 PM by Howard Bashman


"Federal judge: State can't offer only 'Choose Life' license plates." The News & Observer of Raleigh, North Carolina has an update that begins, "A federal judge has ruled that North Carolina cannot issue 'Choose Life' license plates without offering a choice of plates with a different viewpoint."

You can access last Friday's ruling of the U.S. District Court for the Eastern District of North Carolina at this link.
Posted at 01:40 PM by Howard Bashman



"In D.C. Circuit, AIG Defends Confidentiality of Corporate Monitor Reports": Mike Scarcella has this post today at "The BLT: The Blog of Legal Times."
Posted at 01:14 PM by Howard Bashman


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

Justice Elena Kagan delivered the opinion for a unanimous Court in Kloeckner v. Solis, No. 11-184. You can access the oral argument via this link.

Update: In early news coverage, The Associated Press has a report headlined "Court: District court can hear some fed complaints."
Posted at 10:13 AM by Howard Bashman



"California gay couples hoped Supreme Court would avoid same-sex marriage case": Reuters has this report.
Posted at 09:48 AM by Howard Bashman


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

At 10 a.m. eastern time today, the Court is expected to issue one or more rulings in argued cases.

Update: In early news coverage, The Associated Press reports that "Justices won't reinstate award against Hustler mag."

And Reuters reports that "Top court rejects taxpayer challenge to AIG bailout" and "U.S. top court won't consider fate of trademarks in bankruptcy."
Posted at 09:42 AM by Howard Bashman



"Mattel Returns to Judges Who Threw Out Bratz Verdict": Bloomberg News has this report.
Posted at 08:37 AM by Howard Bashman


"Federal Circuit Declines Chance to Eliminate Split Involving Standard of Review, Prompting Blistering Dissent": Nicholas J. Wagoner has this post today at the "Circuit Splits" blog.
Posted at 08:34 AM by Howard Bashman


"Constitution nearly impossible to amend: Is the bar too high?" Eric Black has this essay today at MinnPost.

And online at The Chronicle of Higher Education, Alexander C. Kafka has a review titled "The Constitution: Who Needs It?" of law professor Louis Michael Seidman's forthcoming book, "On Constitutional Disobedience."
Posted at 08:03 AM by Howard Bashman



"Supreme Court takes up case on generic drugs": Politico.com has this report.
Posted at 07:58 AM by Howard Bashman


"Hope and fear in gay marriage cases at high court": Mark Sherman of The Associated Press has this report. The AP also reports that "Minn. gay couple in '71 marriage case still united."

And TPM DC reports that "In 2003, Justice Scalia Saw Gay Marriage Coming."
Posted at 07:55 AM by Howard Bashman



"Doctors await Supreme Court roadmap for right-to-live cases": Kirk Makin has this article today in The Toronto Globe and Mail.
Posted at 07:48 AM by Howard Bashman


Sunday, December 9, 2012

"Same-Sex Issue Pushes Justices Into Overdrive": Adam Liptak will have this new installment of his "Sidebar" column in Monday's edition of The New York Times.

And in Monday's edition of The Washington Post, Robert Barnes will have a new installment of his "The High Court" column headlined "Case reviews could test Obama's 'evolution' on same-sex marriage."
Posted at 10:52 PM by Howard Bashman



Disagreement between Chief Judge Easterbrook and Circuit Judge Posner on whether to affirm criminal convictions obtained on "stated income" mortgage loans has resulted in the Seventh Circuit's granting of rehearing en banc: You can access Friday's order granting rehearing en banc at this link.

The original three-judge panel's decision, which the order granting rehearing en banc has vacated, can be accessed here. Chief Judge Frank H. Easterbrook wrote the majority opinion, which upheld the convictions. Circuit Judge Richard A. Posner dissented.

You can access the audio of the oral argument before the original three-judge panel via this link.
Posted at 10:42 PM by Howard Bashman



Opponent of wind farm construction loses Seventh Circuit appeal: Circuit Judge Richard A. Posner wrote the opinion, issued Friday, on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 10:32 PM by Howard Bashman


"Affirmative Action: Factious Past, Uncertain Future." This audio segment appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 10:16 PM by Howard Bashman


"Senate filibuster challenged in court": Pete Williams, NBC News justice correspondent, has this report.
Posted at 02:00 PM by Howard Bashman


"Ordinary drivers are disgusted by report on ticket-fixing in Philadelphia": This article appears today in The Philadelphia Inquirer. Today's newspaper also contains an editorial titled "Reforming Traffic Court is Supreme Court's job."
Posted at 01:57 PM by Howard Bashman


"Why Judges Can't Hear Each Other on Affirmative Action: The law says such programs benefit society as a whole; But the judges -- on both sides -- think of it as a favor that 'we' do for 'them.'" Garrett Epps has this essay online at The Atlantic.
Posted at 01:15 PM by Howard Bashman


"Gay marriage pressure back on Obama": Josh Gerstein of Politico.com has this report.

At "NYRblog," the blog of The New York Review of Books, law professor David Cole has a post titled "Laws Not Fit to be Defended."

And online at The American Prospect, E.J. Graff has an essay titled "Be Afraid, Be Very Afraid: SCOTUS Takes on Same-Sex Marriage; With the broad questions being placed before it, the Court has the opportunity to do significant damage."
Posted at 01:12 PM by Howard Bashman



"Sequestration will mean thousands of furloughs, possibly layoffs, at federal courts": Federal Times has this report.
Posted at 01:05 PM by Howard Bashman


"Filling the First Circuit vacancy": Law professor Carl Tobias had this op-ed Friday in The Boston Globe.
Posted at 01:04 PM by Howard Bashman


"Supreme Court showdown expected over gay rights decisions; Conservative giants Anthony Kennedy and Antonin Scalia are likely to be on opposing sides when the justices rule on marriage and federal benefits": David G. Savage has this front page article today in The Los Angeles Times.

Today's edition of The New York Times contains an article headlined "Worry Tempers Joy Over Gay Marriage's Moment in Court."

And The San Francisco Chronicle contains articles headlined "Jitters as Prop. 8 goes to high court" and "Gays walk to altar to take a bit longer."
Posted at 09:52 AM by Howard Bashman



"Under the U.S. Supreme Court: Spying on the American public." Michael Kirkland of UPI has this report.
Posted at 09:45 AM by Howard Bashman


Saturday, December 8, 2012

A "small but influential Washington, D.C. based conservative think tank." The Onion Book Of Known Knowledge has posted online this entry for the U.S. Supreme Court.
Posted at 01:27 PM by Howard Bashman


Friday, December 7, 2012

"'Pay For Delay' Drug Accords Get U.S. High Court Scrutiny": Greg Stohr of Bloomberg News has this report.

Jonathan Stempel of Reuters reports that "U.S. Supreme Court to hear 'pay-for-delay' drug case."

And Mark Sherman of The Associated Press reports that "Drug makers' settlements get high court review."
Posted at 05:22 PM by Howard Bashman



"Court to rule on same-sex marriage: What's at stake." Lyle Denniston has this post at the "Constitution Daily" blog of the National Constitution Center.

And online at Slate, Emily Bazelon has a jurisprudence essay titled "The Civil Rights Case of Our Generation: The Supreme Court has agreed to consider the constitutionality of gay marriage; This is gonna be big."
Posted at 05:16 PM by Howard Bashman



"Supreme Court to Take Up Gay Marriage": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court to hear same-sex marriage cases."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court to rule on California's Prop. 8 ban on gay marriage."

Jess Bravin of The Wall Street Journal has a news update headlined "Supreme Court to Hear Gay-Marriage Cases."

Richard Wolf of USA Today has a news update headlined "Supreme Court to take up same-sex marriage."

Warren Richey of The Christian Science Monitor reports that "Gay marriage reaches Supreme Court: Justices to review Prop 8., DOMA; The two cases being taken up by the Supreme Court involve a challenge to California's Prop. 8 ban on gay marriage and a suit from New York City testing the federal Defense of Marriage Act."

Michael Doyle of McClatchy Newspapers reports that "Supreme Court will review gay marriage cases."

Bob Egelko of The San Francisco Chronicle has a news update headlined "Supreme Court to decide same-sex marriage."

Howard Mintz of The San Jose Mercury News has an update headlined "U.S. Supreme Court to review Proposition 8 case."

Greg Stohr of Bloomberg News reports that "Gay Marriage Gets Supreme Court Review for the First Time."

Terry Baynes of Reuters reports that "Supreme court to review same-sex marriage cases."

At "SCOTUSblog," Lyle Denniston has a post titled "On same-sex marriage, options open."

And at "The BLT: The Blog of Legal Times," Marcia Coyle has a post titled "Supreme Court to Hear Historic Same-Sex Marriage Cases."
Posted at 05:00 PM by Howard Bashman



"Supreme Court will hear gay marriage cases": Mark Sherman of The Associated Press has this report.

You can access today's Order List of the U.S. Supreme Court at this link.
Posted at 03:20 PM by Howard Bashman



"Generic Drug Accords Face Review by U.S. Supreme Court": Greg Stohr of Bloomberg News has this report.
Posted at 01:20 PM by Howard Bashman


"Justices Consider Same-Sex Marriage Cases for Docket": The New York Times has this news update.
Posted at 01:18 PM by Howard Bashman


Thursday, December 6, 2012

"Report from en banc Fourth Circuit oral argument in pregnancy center compelled speech cases": Kevin C. Walsh has this post at his blog, "walshslaw."
Posted at 10:10 PM by Howard Bashman


"Michigan affirmative action case delayed": Lyle Denniston has this post at "SCOTUSblog."
Posted at 09:50 PM by Howard Bashman


"Appeals court upholds conviction in U.S. anthrax hoax": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 09:37 PM by Howard Bashman


"Federal judges file class action demanding pay raise": Erin Geiger Smith has this report today at Alison Frankel's "On the Case" from Thomson Reuters News & Insight.
Posted at 08:44 PM by Howard Bashman


"U.S. Attorney Jim Letten resigns amid online commenting scandal in his office": The Times-Picayune of New Orleans has this news update.
Posted at 04:08 PM by Howard Bashman


Programming note: I will be visiting with co-counsel in the Wilkes-Barre, Pennsylvania area to prepare for the oral argument that I will be presenting next Wednesday to an en banc panel of the Commonwealth Court of Pennsylvania in the third and final case described in this recent post, which provides access to my client's appellate briefs and the trial court's ruling.

Additional posts will appear here this afternoon.
Posted at 07:03 AM by Howard Bashman



Wednesday, December 5, 2012

"High court rejects abortion laws": Today's edition of The Tulsa World contains an article that begins, "The Oklahoma Supreme Court tossed out two laws Tuesday that slapped restrictions on abortions."

And today's edition of The Oklahoman contains an article headlined "Oklahoma Supreme Court strikes down 2 anti-abortion laws."

You can access here and here the two abortion-related rulings that the Supreme Court of Oklahoma issued yesterday.
Posted at 10:46 PM by Howard Bashman



C-SPAN's Book TV has posted online the video of a discussion about the U.S. Supreme Court featuring authors Clare Cushman, Anthony Franze, Todd Peppers, Jeffrey Toobin, and Artemus Ward: Tony Mauro, Supreme Court correspondent for The National Law Journal, served as the discussion's moderator. You can view the video by clicking here.
Posted at 10:28 PM by Howard Bashman


"Custody Case in Scotland Goes Before U.S. Justices": Adam Liptak will have this article Thursday in The New York Times.

And Bill Mears of CNN.com reports that "Justices divided over international child custody dispute."
Posted at 08:52 PM by Howard Bashman



"Courts to Weigh Free Speech Rights In Pharmaceutical Marketing Cases": This article will appear Thursday in The Wall Street Journal.

You can freely access the full text of the article via Google News.
Posted at 08:44 PM by Howard Bashman



"The Case Against Color-Blind Admissions": Ronald Dworkin has this essay (subscription needed for full text) in the December 20, 2012 issue of The New York Review of Books.
Posted at 08:40 PM by Howard Bashman


"Court gets new, more basic marriage case": At "SCOTUSbog," Lyle Denniston has a post that begins, "Lawyers for a group defending Nevada's ban on same-sex marriage asked the Supreme Court on Wednesday afternoon to decide the most basic constitutional question in that controversy: must a state allow gays and lesbians to get married."
Posted at 08:11 PM by Howard Bashman


"The Opening for a Fresh ObamaCare Challenge: By defining the mandate as a tax, one that will not be uniformly applied, the Supreme Court ran afoul of the Constitution." David B. Rivkin and Lee A. Casey will have this op-ed Thursday in The Wall Street Journal.
Posted at 08:02 PM by Howard Bashman


"Circuit Split Watch: Press Access Not a Slam Dunk." Michelle Olsen has this post today at her "Appellate Daily" blog.
Posted at 02:55 PM by Howard Bashman


"Frustrating (and telling) myopia concerning criminal justice among SCOTUS elite": Douglas A. Berman has this post today at his "Sentencing Law and Policy" blog.
Posted at 02:47 PM by Howard Bashman


"Justices struggle with international custody law": Jesse J. Holland of The Associated Press has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Chafin v. Chafin, No. 11-1347.

Update: In other coverage, Terry Baynes of Reuters reports that "Supreme Court steps into international custody battle."
Posted at 02:41 PM by Howard Bashman



"Michigan Supreme Court Campaign Credits Facebook Ads With Margin of Victory; Can Social-Media Ads Win An Election?" Ad Age has this blog post.
Posted at 02:37 PM by Howard Bashman


"Court denies rehearing on cigarette warnings": The Associated Press has this report.
Posted at 02:35 PM by Howard Bashman


"Fast-track effort on new race case": At "SCOTUSblog," Lyle Denniston has a post that begins, "Lawyers for Michigan, moving rapidly with a new case on the use of race in college admissions, have laid out a plan to get the Supreme Court to hear and decide the case in the current Term." You can view the petition for writ of certiorari at this link.
Posted at 02:25 PM by Howard Bashman


"Court hears challenge to Obama recess appointments": The Associated Press has a report that begins, "A federal appeals court heard arguments Wednesday in a case that considers whether President Barack Obama violated the Constitution earlier this year when he bypassed the Senate to fill vacancies in his administration."

Bloomberg News reports that "Republican Lawmakers Argue Obama Appointments Unlawful."

And David Ingram of Reuters reports that "Court asked to invalidate Obama recess appointments."
Posted at 02:20 PM by Howard Bashman



Tom Goldstein on same-sex marriage as test cases: Tom has this interesting post today at "SCOTUSblog."
Posted at 09:20 AM by Howard Bashman


Tuesday, December 4, 2012

"ACLU files judicial complaint over Oklahoma teen's church sentence; A complaint has been filed against an eastern Oklahoma district judge who sentenced a teenager to attend church for 10 years as a condition of parole": The Oklahoman has this news update.

And The Tulsa World has a news update headlined "ACLU files judicial complaint over Oklahoma teen's church sentence; A complaint has been filed against a Muskogee County district judge who sentenced a teenager to attend church for 10 years as a condition of parole."
Posted at 09:55 PM by Howard Bashman



"Rhode Island Judge Has Stake in Pension Case Outcome": Wednesday's edition of The New York Times will contain an article that begins, "Can a judge rule impartially on pension cuts when her mother, her son, her uncle and even she herself all have a stake in preserving the status quo?"
Posted at 09:54 PM by Howard Bashman


"When to Hold, When to Fold, and When to Reshuffle: The Art of Decisionmaking on a Multi-Member Court." Seventh Circuit Judge Diane P. Wood has this essay in the December 2012 issue of California Law Review.

The issue also contains two related essays. Ninth Circuit Judge Marsha S. Berzon has an essay titled "Dissent, 'Dissentals,' and Decision Making." And law professor Kevin M. Quinn has an essay titled "The Academic Study of Decision Making on Multimember Courts."
Posted at 09:48 PM by Howard Bashman



"Seismic fallout from ruling on drug marketing and free speech?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 09:33 PM by Howard Bashman


"If feds flood your land, Supreme Court says, they may owe you": Michael Doyle of McClatchy Newspapers has this report.
Posted at 05:52 PM by Howard Bashman


"Castille: Law firm pays $4 million in Family Court project settlement." The Philadelphia Inquirer has a news update that begins, "The Pennsylvania Supreme Court has settled its lawsuit against the law firm of Obermayer Rebmann Maxwell & Hippel over its role in the selection of the site for the new family court building in Center City, Chief Justice Ron Castille said Tuesday."
Posted at 04:40 PM by Howard Bashman


Available online from Greenwire: Lawrence Hurley has articles headlined "Justices rule that temporary flooding can constitute a taking" and "Justices weigh Los Angeles stormwater dispute."

And Lawrence Hurley and John McArdle have an article headlined "High Court puts spotlight on speed of rulemaking."
Posted at 03:30 PM by Howard Bashman



"How Gossip Transformed the Legal Industry: Meet David Lat, the former Assistant U.S. Attorney who keeps judges and lawyers on their toes with his blog, Above the Law." Details.com has this profile.
Posted at 03:11 PM by Howard Bashman


"Blogger Acquitted In Threatening Case Sues For $50 Million; Hal Turner Says He Was Wrongly Imprisoned": This article appears today in The Hartford Courant.

And The Associated Press reports that "Acquitted blogger sues Conn. officials for $50M."
Posted at 03:05 PM by Howard Bashman



"Parents Of Slain Yale Student Still Hold Hope Killer Will Be Found": In today's edition of The Hartford Courant, Dave Altimari has an article that begins, "Thomas and Donna Jovin say they have not given up on the possibility that their daughter Suzanne's killer will be found, 14 years after the Yale student was stabbed to death."
Posted at 03:00 PM by Howard Bashman


"High court wary of storm water runoff lawsuit": The Associated Press has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Los Angeles County Flood Control Dist. v. Natural Resources Council, Inc., No. 11-460.
Posted at 02:54 PM by Howard Bashman



"Courts (Should Not) Consider Recess Appointment Challenges: Posner Explains Political Questions." Victor Williams has this blog entry today at The Huffington Post.

And Pete Williams, NBC News justice correspondent, has a report headlined "Court showdown over recess appointments."
Posted at 01:17 PM by Howard Bashman



"Special Report: Behind U.S. race cases, a little-known recruiter." Joan Biskupic of Reuters has this report.
Posted at 01:00 PM by Howard Bashman


"Verizon Challenge to FCC Data-Roaming Rule Rejected by Court": Bloomberg News has this report.

The Associated Press reports that "Court rejects Verizon challenge to roaming rule."

And Reuters reports that "Appeals court rejects Verizon challenge to roaming rule."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 12:06 PM by Howard Bashman



"Last-minute EPA rule change frustrates chief justice": Robert Barnes has this article today in The Washington Post.
Posted at 12:03 PM by Howard Bashman


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

Justice Ruth Bader Ginsburg delivered the opinion of the Court in Arkansas Game and Fish Comm'n v. United States, No. 11-597. The decision was unanimous, with Justice Elena Kagan not participating. You can access the oral argument via this link.

Update: In early news coverage, The Associated Press reports that "High court says government can be liable for flood."

Terry Baynes and Jonathan Stempel of Reuters report that "U.S. top court rules government may be liable for flooding."

And Greg Stohr of Bloomberg News reports that "Landowners May Be Due Payment After Flooding, Court Says."
Posted at 10:05 AM by Howard Bashman



Monday, December 3, 2012

"Irrational Basis: The judge in Nevada who upheld a gay marriage ban had no good reason at all." Nathaniel Frank has this jurisprudence essay online at Slate.
Posted at 11:47 PM by Howard Bashman


"E.P.A. Rule Complicates Runoff Case for Justices": Adam Liptak will have this article Tuesday in The New York Times.
Posted at 11:15 PM by Howard Bashman


"The government switches position": At "SCOTUSblog," Lyle Denniston has a post that begins, "The Supreme Court, told by the federal government that it is changing its position on a prison sexual assault case, on Monday named a neutral lawyer to take on the defense of a lower-court ruling in that case."
Posted at 11:12 PM by Howard Bashman


"Border Agents' Power to Search Devices Is Facing Increasing Challenges in Court": This article will appear Tuesday in The New York Times.
Posted at 11:09 PM by Howard Bashman


"Argument recap: Will sympathy or technicality prevail?" At "SCOTUSblog," Lyle Denniston has this post.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Genesis HealthCare Corp. v. Symczyk, No. 11-1059.
Posted at 09:44 PM by Howard Bashman



"NY court OKs $1 M school racial harassment award": The Associated Press has a report that begins, "A $1 million award that's one of the biggest ever issued for racial harassment in high school has been upheld by a New York court."

And at the "School Law" blog of Education Week, Mark Walsh has a post titled "Court Upholds $1M Award in School Race-Harassment Case."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 05:55 PM by Howard Bashman



"Federal court voids drug rep's conviction, cites free speech": Jonathan Stempel of Reuters has a report that begins, "A divided federal appeals court on Monday threw out the conviction of a sales representative for promoting off-label use of a prescription drug, a ruling that could make it harder for the government to police how drugs are marketed and sold."

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

Update: In other coverage, The Wall Street Journal reports that "Conviction Overturned in Drug-Marketing Case."
Posted at 05:44 PM by Howard Bashman



"U.S. law targeting drug smugglers in foreign waters is deemed illegal; An appeals court ruled that a 1986 law used to convict four suspected drug smugglers arrested in Panama waters is illegal": Jay Weaver has this article today in The Miami Herald reporting on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued early last month.

My previous coverage of that ruling can be accessed here.
Posted at 04:58 PM by Howard Bashman



"New EPA rule could upend high court runoff case": Mark Sherman of The Associated Press has this report.

And Lawrence Hurley of Greenwire reports that "Justices consider whether logging case moot in light of new EPA rule."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Decker v. Northwest Environmental Defense Center, No. 11-338.
Posted at 03:07 PM by Howard Bashman



"In gene case, SCOTUS to confront Federal Circuit on patentability": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 03:00 PM by Howard Bashman


Terry Baynes of Reuters is reporting: She has articles headlined "Supreme Court rejects appeal of Kentucky fen-phen lawyer" and "Top court lets GM workers pursue case against State Street."
Posted at 01:52 PM by Howard Bashman


"Defending the Voting Rights Act From Its Conservative Critics": Doug Kendall has this blog entry today at The Huffington Post.
Posted at 01:48 PM by Howard Bashman


"A Question of Accountability: Harvard Law School's International Human Rights Clinic argues that the Alien Tort Statute applies to corporations." Harvard Law School has posted online this report.
Posted at 01:47 PM by Howard Bashman


Majority on divided three-judge Second Circuit panel vacates criminal conviction of pharmaceutical sales representative for promoting off-label use of prescription drug as obtained in violation of the defendant's First Amendment free speech rights: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. The appeal was argued two years and one day ago.
Posted at 01:40 PM by Howard Bashman


"Rating agencies win dismissal of Ohio funds lawsuit": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 10:32 AM by Howard Bashman


"U.S. Supreme Court again delays decision on gay marriage": Howard Mintz of The San Jose Mercury News has this update.

Update: Terry Baynes of Reuters reports that "Supreme Court takes no action on same-sex marriage cases."
Posted at 09:55 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, but the Court did call for the views of the Solicitor General in one case.

Justice Sonia Sotomayor issued a dissent from the denial of certiorari in Hodge v. Kentucky, No. 11-10974.

At "SCOTUSblog," Lyle Denniston has a post titled "Again, no gay marriage orders."
Posted at 09:34 AM by Howard Bashman



"Judicial Vacancies Skyrocket During President Obama's First Term": Jennifer Bendery of The Huffington Post has this report.

And in today's edition of The Honolulu Star-Advertiser, Ken Kobayashi has an article headlined "Seeing a need, Judge Ezra to take gavel to Texas; The federal jurist expects to be busy in the Lone Star State." According to the article's non-subscriber preview, the relocation is expected to be permanent.
Posted at 09:12 AM by Howard Bashman



"At 83, Plaintiff in Gay Marriage Case Just 'Wants to be Alive When She Wins'": The New York Observer has this report.
Posted at 09:06 AM by Howard Bashman


"Winning the Moot Court Oral Argument: A Guide for Intra- and Intermural Moot Court Competitors." Gerald Lebovits, Drew Gewuerz, and Christopher Hunker have this article online at SSRN.
Posted at 09:02 AM by Howard Bashman


"Argument preview: Hospitals, money, and missing a deadline." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 08:57 AM by Howard Bashman


"Australians Face Gangrene Photos as Tobacco Brands Vanish": Bloomberg News has a report that begins, "Australians buying cigarettes are now guaranteed to face warnings that include photos of a gangrenous limb and a cancer victim as the world's first law requiring tobacco sales in uniform packages takes effect."

And The Sydney Morning Herald reported Friday that "Plain packs 'put off' smokers."
Posted at 07:46 AM by Howard Bashman



"Fugitive ex-prosecutor caught in New Mexico; James Cameron was on the run for more than two weeks before being arrested in Albuquerque": The Portland (Me.) Press Herald has this news update.
Posted at 07:42 AM by Howard Bashman


"Married -- but not here in Michigan; Supreme Court may decide to rule on gay marriage laws": The Detroit News contains this article today.
Posted at 07:40 AM by Howard Bashman


"Breyer's recusal complicates outcome in environmental cases": Reuters has this report.
Posted at 07:36 AM by Howard Bashman


Sunday, December 2, 2012

"Supreme Court Takes Case on Liability for Generic Drugs": Brent Kendall will have this article Monday in The Wall Street Journal.

You can freely access the full text of the article via Google News.
Posted at 11:59 PM by Howard Bashman



"Supreme Court's next move awaited on gay nuptials": The Washington Times has this report.
Posted at 11:57 PM by Howard Bashman


"Federal Judge Ranks Remain Thin In Connecticut": Edmund H. Mahony of The Hartford Courant has this news update.
Posted at 11:47 PM by Howard Bashman


"Law Blogs Just Outside of the ABA Journal Top 100": Kyle Graham has this post today at his blog, "Noncuratlex.com."
Posted at 11:45 PM by Howard Bashman


"US Justice Department urges Supreme Court not to take up custody battle over accused killer Jason Pleau": The Providence (R.I.) Journal has this news update.
Posted at 05:34 PM by Howard Bashman


"Make It One More Supreme Court Justice From the Perry Camp": Ross Ramsey, the managing editor of The Texas Tribune, has this essay online at The New York Times.
Posted at 05:33 PM by Howard Bashman


"Why The Supreme Court Hasn't Taken Either Gay Marriage Case Yet": Mallory Ortberg has this post today at "Gawker."
Posted at 05:32 PM by Howard Bashman


"CFO Jeff Atwater asks Supreme Court for help in 'Taj Mahal' art case": This article appears today in The Tampa Bay TImes.
Posted at 05:30 PM by Howard Bashman


"Spokane attorney to argue before U.S. Supreme Court": The Spokesman-Review of Spokane, Washington contains this article today.
Posted at 05:27 PM by Howard Bashman


"Deep split on probe of Traffic Court; Some say Chadwick's inquiry was vital and offered a reform map; Critics say it could harm FBI work and judges' rights": This article appears today in The Philadelphia Inquirer.
Posted at 05:22 PM by Howard Bashman


"Obama Appointees Hold Cards on 2 Big En Banc Cases": In news from the Ninth Circuit, Scott Graham had this post yesterday at the "Legal Pad" blog of The Recorder.
Posted at 10:15 AM by Howard Bashman


"Argument preview: Scuttling a workers' pay case." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 10:14 AM by Howard Bashman


Saturday, December 1, 2012

"Supreme Court to decide if it will hear Arizona's case against partner benefits for gay workers": Howard Fischer has this article today in The East Valley Tribune.
Posted at 08:24 PM by Howard Bashman


"ACLU Says It Sues Georgia Over Law Limiting Abortions": Bloomberg News has this report.
Posted at 08:22 PM by Howard Bashman


"U.S. solicitor general recommends that Supreme Court hear water case": This article appears today in The Fort Worth Star-Telegram.
Posted at 08:14 PM by Howard Bashman


"High court to decide how logging roads regulated": The Associated Press has this report.
Posted at 08:12 PM by Howard Bashman


"Supreme Court wading into L.A. County storm water case; The Supreme Court may use an L.A. case to decide for the first time who can be held responsible for storm water runoff pollution": David G. Savage will have this article Sunday in The Los Angeles Times.
Posted at 08:10 PM by Howard Bashman


"Three appellate justices among seven candidates for NY Court of Appeals": Reuters has this report.
Posted at 02:04 PM by Howard Bashman






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