How Appealing

Sunday, March 31, 2013

"Vikings great Page pens kids' book about pinky; Justice's finger permanently bent outward at a 90-degree angle": The Associated Press has a report that begins, "Pro football Hall of Famer and Minnesota Supreme Court Justice Alan Page has written a children's book about his odd pinky, a finger that's permanently bent outward at a 90-degree angle."
Posted at 09:50 PM by Howard Bashman


"High court questions legality of driving under the influence of marijuana in Ariz." Howard Fischer has this article in today's edition of Today's News-Herald of Lake Havasu City, Arizona.
Posted at 01:44 PM by Howard Bashman


"High court poised to upend civil rights policies": Hope Yen of The Associated Press has this report.
Posted at 10:33 AM by Howard Bashman


"Moonlighting judges collect corporate pay; Pennsylvania is among few states that let jurists work in business world -- for handsome pay": This article appears today in The Morning Call of Allentown, Pennsylvania.
Posted at 10:12 AM by Howard Bashman


"Cooperation needed for high court nominee": The Citizens' Voice of Wilkes-Barre, Pennsylvania contains this article today.

In today's edition of The Pittsburgh Post-Gazette, law professor Bruce Ledewitz has an op-ed titled "Pennsylvania's Supreme Court, still broken; It's been defined by arrogance and mired in scandal for decades." And Friday's newspaper contained an editorial titled "The next justice: Corbett should name a non-partisan to the court."

On Friday at his "Baer Growls" blog, columnist John Baer of The Philadelphia Daily News had a blog post titled "Judging for the Ages."

And last week in The Patriot-News of Harrisburg, Pennsylvania, Scott Cooper had an op-ed titled "Merit selection will make picking judges more political, not less."
Posted at 10:04 AM by Howard Bashman



"US to release Aaron Swartz papers": This article appeared yesterday in The Boston Globe.

And recently at "DCist," Martin Austermuhle had a post titled "Breaking the Law to Publish the Law: Open Government Advocate Digitizes Entirety of D.C. Code."
Posted at 09:54 AM by Howard Bashman



"Under the U.S. Supreme Court: Do cases sound death knell for affirmative action?" Michael Kirkland of UPI has this report.
Posted at 09:38 AM by Howard Bashman


Saturday, March 30, 2013

"Summary Judgment": Adam Liptak will have this review of retired Justice Sandra Day O'Connor's new book, "Out of Order: Stories From the History of the Supreme Court," in the Sunday Book Review section of tomorrow's edition of The New York Times.
Posted at 10:44 PM by Howard Bashman


"The compelling case for cameras: The notion that spectators have to camp out or spend money to see a public institution do public business is offensive; It is the direct result of the high court's refusal to allow its proceedings to be broadcast." Tony Mauro will have this essay in Monday's edition of The National Law Journal.
Posted at 10:40 PM by Howard Bashman


"Same-sex marriage in U.S. Supreme Court: Justices as split as rest of the country on the issue." Howard Mintz has this article today in The San Jose Mercury News.
Posted at 10:36 PM by Howard Bashman


Friday, March 29, 2013

"US appeals court grants Hobby Lobby full hearing": The Associated Press has a report that begins, "A federal appeals court has granted Hobby Lobby's request for the entire court to hear its challenge of a requirement that it provide insurance coverage for the morning-after pill and similar emergency contraceptive pills."

You can access today's order of the U.S. Court of Appeals for the Tenth Circuit granting an initial hearing en banc at this link.
Posted at 07:58 PM by Howard Bashman



"Who Opted to Take Gay Marriage Case? Ask Justice Scalia." Adam Liptak will have this article Saturday in The New York Times.
Posted at 04:41 PM by Howard Bashman


"The Clock Ticks on Racial Preferences: The Supreme Court may soon rule that universities cannot anymore use race as a factor in admissions -- some 15 years sooner than Justice O'Connor predicted in 2003." James Taranto has this op-ed today in The Wall Street Journal.
Posted at 01:30 PM by Howard Bashman


"Decades After O'Connor, Role of Women Judges Still Growing": The Third Branch News, a publication of the Administrative Office of the U.S. Courts, has this report today.
Posted at 01:25 PM by Howard Bashman


"Flip-Flopping Federalists: On Obamacare, conservative judges were glad to limit Congress' power; To uphold DOMA, they'll need to do the opposite." Law professor Jeffrey Rosen has this essay online today at The New Republic.
Posted at 01:06 PM by Howard Bashman


"Argentina Has Last Chance to Influence U.S. Court in Bonds Case": Bloomberg News has this report.
Posted at 01:03 PM by Howard Bashman


"Appeals court revives lawsuit against Justice Dept." Pete Yost of The Associated Press has a report that begins, "A federal appeals court has revived part of a lawsuit by attorneys applying for a prestigious Justice Department program during the George W. Bush administration who alleged they were denied interviews because of their liberal political affiliations."

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

Update: At Politico.com, Josh Gerstein has a blog post titled "Lawyers rejected by Justice Department notch partial win."
Posted at 11:30 AM by Howard Bashman



"Panel predicts high court will take middle ground on pay for delay": Terry Baynes of Reuters has this report.
Posted at 09:48 AM by Howard Bashman


"Long Prison Term Is Less So Thanks to Regrets by a Judge": This article appears today in The New York Times.
Posted at 09:45 AM by Howard Bashman


"Marriage debate revives questions about high court role as social change-maker": Tom Curry, national affairs writer for NBC News, has this report.

In today's edition of USA Today, Richard Wolf has an article headlined "For same-sex marriage, progress without precedent? Even if the Supreme Court decides historic cases on narrow grounds, proponents of gay marriage say a win is a win."

Online at Slate, law professor John Culhane has a jurisprudence essay titled "DIG It: Explaining standing and dismissal in the California gay marriage case."

And Grant R. Darwin has posted online at SSRN an article titled "Originalism and Same-Sex Marriage" (via "Legal Theory Blog").
Posted at 09:33 AM by Howard Bashman



"The case for keeping cameras out of the Supreme Court": Walter Pincus has this essay in today's edition of The Washington Post.
Posted at 09:31 AM by Howard Bashman


"Montco judge wins hearing on mandatory retirement": Today's edition of The Intelligencer of Doylestown, Pennsylvania contains an article that begins, "The state Supreme Court is taking a case that will determine whether judges throughout the state, including themselves, can serve on the bench past the age of 70."
Posted at 08:21 AM by Howard Bashman


Thursday, March 28, 2013

"Court Rejects School Search of Student's Cellphone": Mark Walsh has this post at the "School Law" blog of Education Week.

My earlier coverage of today's Sixth Circuit ruling appears at this link.
Posted at 11:47 PM by Howard Bashman



"Marriage Cases May Hinge on Procedure": In Friday's edition of The Wall Street Journal, Jess Bravin will have an article that begins, "In 1793, George Washington's administration asked the Supreme Court for help interpreting treaties. The court politely declined, telling the first president that it was in business to resolve actual disputes, not to give advice."

Friday's edition of The New York Times will contain an article headlined "For Obama, Tricky Balancing Act in Enforcing Defense of Marriage Act."

And Reuters has a news analysis headlined "Gay marriage rights may carry bigger U.S. tax burden for some."
Posted at 11:03 PM by Howard Bashman



"Guantanamo guard chief: Prison tap water is safe." Carol Rosenberg of The Miami Herald has this report.
Posted at 06:20 PM by Howard Bashman


"On Gay Marriage, Moderation Could Be Disastrous": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 06:07 PM by Howard Bashman


"Gay Political Power -- or Good Survival Skills?" Richard Socarides has this blog post online today at The New Yorker.

And online at The New Republic, Linda Hirshman has an essay titled "A Delay on Gay Marriage Isn't a Defeat; Equality activists shouldn't worry if the Supreme Court punts the issue."
Posted at 05:20 PM by Howard Bashman



"Fetal-Heartbeat Abortion Laws Are Dangerous Even If Judges Reject Them": Molly Redden has this essay online at The New Republic.
Posted at 05:18 PM by Howard Bashman


"The Computer Fraud and Abuse Act Is a Failed Experiment": At Forbes.com, Eric Goldman has a blog post today that begins, "In light of Aaron Swartz's tragic suicide, there has been a lot of discussion -- some productive, some not -- about reforming the Computer Fraud & Abuse Act."
Posted at 04:55 PM by Howard Bashman


"NYC appeals ruling striking down soda size limit": The Associated Press has this report.
Posted at 04:50 PM by Howard Bashman


"Court inaction could return gay marriage to Calif." The Associated Press has this report.
Posted at 04:47 PM by Howard Bashman


"Chief Justice hit by credit-card fraud": Al Kamen has this post at The Washington Post's "In the Loop" blog.

And Nick Wing of The Huffington Post reports that "John Roberts Hit By Credit Card Fraud."

Update: In other coverage, The Associated Press reports that "Chief justice a victim of credit-card fraud."
Posted at 04:05 PM by Howard Bashman



Supreme Court of Pennsylvania agrees to decide on an expedited basis two related challenges to the Pennsylvania Constitution's mandatory retirement age for judges: You can access today's orders granting review here and here.

Update: In early news coverage, The Associated Press reports that "Pa. high court takes case on judge retirement age."
Posted at 03:50 PM by Howard Bashman



"Ginsburg Whisper Carries Weight in Gay-Marriage Arguments": Greg Stohr of Bloomberg News has this report.
Posted at 03:30 PM by Howard Bashman


"Woman can sue 'Girls Gone Wild'": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "A Cartersville woman whose photo was used without her permission in ads for a racy video can sue the producers of 'Girls Gone Wild, College Girls Exposed,' the Georgia Supreme Court ruled Thursday."

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

Update: In other coverage, The Associated Press reports that "Court OKs right to sue in 'Girls Gone Wild' case."
Posted at 03:25 PM by Howard Bashman



"The Supreme Court, Throwing Curveballs": In Friday's edition of The New York Times, Adam Liptak will have this review of law professor Stuart Banner's new book, "The Baseball Trust: A History of Baseball's Antitrust Exemption."
Posted at 01:44 PM by Howard Bashman


In the April 2013 issue of ABA Journal magazine: Mark Walsh has an article headlined "Court weighs whether a prosecutor can use a defendant's refusal to answer a question."

David L. Hudson Jr. has an article headlined "More states see tort limits challenged as unconstitutional."

James Podgers has an article headlined "Trial of Socrates still raises questions about the relationship between citizens and their states."

And the new installment of Bryan A. Garner's "On Words" column is titled "What judges really think about the phrase 'May it please the Court?'"
Posted at 01:22 PM by Howard Bashman



"NY top court OKs tax on online sellers like Amazon": The Associated Press has this report on a ruling that the Court of Appeals of New York -- that state's highest court -- issued today.

Update: In other coverage, Reuters reports that "New York high court upholds state's 'Amazon tax.'"

And Bloomberg News reports that "Amazon, Overstock Lose Challenge to N.Y. Web Sales Tax."
Posted at 12:17 PM by Howard Bashman



"Anthony Kennedy Considers Middle Path On Gay Marriage": Sahil Kapur of TPM DC has this report.
Posted at 11:42 AM by Howard Bashman


"White House monitoring Guantanamo hunger strike": Carol Rosenberg of The Miami Herald has this report.
Posted at 11:20 AM by Howard Bashman


Student's text-messaging during high school class results in divided Sixth Circuit ruling: You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 11:11 AM by Howard Bashman


"Study finds class affects Law School experience": Today's edition of The Yale Daily News contains an article that begins, "When Yale Law School sends out its coveted admission letters, the nation's top-ranked law school may not be guaranteeing an equal shot at success for all members of its future classes, a new report has found."
Posted at 11:07 AM by Howard Bashman


"Corporations, pro-business nonprofits foot bill for judicial seminars; George Mason University top host of events": Chris Young, Reity O'Brien, and Andrea Fuller of The Center of Public Integrity have this report today.

And Michael Beckel and Chris Young have a related report headlined "Judicial seminar backed by ex-president of Bolivia; 'Goni' accused of human rights violations."
Posted at 10:44 AM by Howard Bashman



"Why the Gay-Marriage Fight Is Over": Online at The New Yorker, Jeffrey Toobin has this blog post today.
Posted at 10:33 AM by Howard Bashman


"Justices Cast Doubt on Benefits Ban in U.S. Marriage Law": Adam Liptak and Peter Baker have this article today in The New York Times. The newspaper also contains articles headlined "Plaintiff, 83, Is Calm Center in a Legal and Political Storm" and "Success on Political Front Can Be Setback in Gay Rights." And an editorial is titled "The Indefensible Marriage Act."

In today's edition of The Washington Post, Robert Barnes has an article headlined "Majority of Supreme Court justices question constitutionality of Defense of Marriage Act." Columnist Dana Milbank has an op-ed titled "The swing vote is in (so stop kissing up)." And columnist Ruth Marcus has an op-ed titled "Supreme Court seems to be inching toward marriage equality."

David G. Savage and David Lauter of The Los Angeles Times report that "Court seems to be leaning against Defense of Marriage Act; Five justices sound skeptical of the ban on federal benefits for same-sex spouses, a day after a hearing seen as favorable to gay marriage in California." And a related article is headlined "Outside Supreme Court, activists face off for a second day; As the Supreme Court turns its attention from Proposition 8 to the federal Defense of Marriage Act, demonstrators for and against the law rally outside."

Jess Bravin of The Wall Street Journal reports that "Justices Show Reluctance for Broad Marriage Ruling." And related articles are headlined "Obama's Actions Over Law Questioned" and "Widow Gets Day in Court as Justices Weigh Gay Marriage."

Richard Wolf and Kevin Johnson of USA Today have an article headlined "Justices attack both sides in Defense of Marriage case; Justice Anthony Kennedy's comments suggest the federal Defense of Marriage Act may be on the way out; But first, the justices must decide if the case is properly before them for a decision." The newspaper also contains an article headlined "Who wins, who loses if Defense of Marriage Act dies: With the Supreme Court possibly poised to declare the law unconstitutional, the financial, legal and societal impacts are just being sorted out."

Michael Doyle of McClatchy Newspapers has an article headlined "Gay-marriage debate day 2: Supreme Court takes up Defense of Marriage Act." And a related article reports that "In federal gay-marriage case, more than 1,100 benefits at stake."

Warren Richey of The Christian Science Monitor has an article headlined "Anti-gay marriage law gets chilly reception from key Supreme Court justice; Supreme Court Justice Anthony Kennedy is seen as a potential swing vote on DOMA, a gay marriage law that bars federal benefits to same-sex couples; He repeatedly raised concerns in oral arguments Wednesday."

The Washington Times contains articles headlined "Supreme Court justices question DOMA's range, consider effect act has in states" and "Obama administration under fire in gay marriage arguments."

Howard Mintz of The San Jose Mercury News has an article headlined "Gay marriage and the U.S. Supreme Court: Don't look for sweeping rulings."

The San Francisco Chronicle reports that "DOMA stirs skepticism among justices."

The Journal News of White Plains, New York contains an article headlined "Vicki Jackson, attorney arguing gay marriage case, is New Rochelle native."

Greg Stohr and Laurie Asseo of Bloomberg News report that "Gay-Marriage Backers See Supreme Court Boost Short of Full Win."

Lawrence Hurley and David Ingram of Reuters report that "Supreme Court indicates it may strike down marriage law." And Joan Biskupic has a news analysis headlined "High court energizes gay rights cause even as it resists."

Josh Gerstein of Politico.com has reports headlined "Disappointing wins for gay marriage?"; "Despite critique, Roberts once failed to defend a law"; and "Elena Kagan's DOMA 'gotcha' moment."

And at "The BLT: The Blog of Legal Times," Todd Ruger has a post titled "Lawyers Reflect on 'Super Bowl of Supreme Court Arguments.'"
Posted at 09:00 AM by Howard Bashman



"Comcast wins in class-action lawsuit": This front page article appears today in The Philadelphia Inquirer.

Today's edition of The New York Times reports that "Court Rejects Antitrust Suit in Victory for Comcast."

Andrew Longstreth of Reuters reports that "Plaintiffs' bar dodges bullet in Comcast antitrust decision."

Greg Stohr and Alex Sherman of Bloomberg News report that "Comcast Backed by High Court on Philadelphia Antitrust Suit."

The Washington Times contains an editorial titled "Reining in class action: The Supreme Court applies a smell test to jackpot justice."

And online at Forbes, Daniel Fisher has a blog post titled "Class Actions Take Another Hit As Supreme Court Rejects Comcast Antitrust Case."
Posted at 08:20 AM by Howard Bashman



Wednesday, March 27, 2013

"Cruel and Unusual Punishment: The Shame of Three Strikes Laws; While Wall Street crooks walk, thousands sit in California prisons for life over crimes as trivial as stealing socks." Matt Taibbi has this article online at Rolling Stone.
Posted at 10:54 PM by Howard Bashman


"Top court ruling upholds privacy of e-mail, texts": Kirk Makin of The Toronto Globe and Mail has this news update.

The Toronto Star has a news update headlined "Supreme Court rules police need wiretap authority to seize text messages; The Supreme Court clarified Wednesday that police need wiretap authority to snoop on cellphone text messages as part of criminal investigations."

CBC News reports that "Wiretap laws apply to text messages, court rules; Judgment in privacy case overturns lower court ruling against Telus."

The Canadian Press reports that "Supreme Court rules on police powers for snooping on text messages."

And Ars Technica has a report headlined "Canadian Supreme Court enforces stricter standards on cops reading text messages; High court says a wiretap warrant, rather than a general warrant, is required."

You can access today's ruling of the Supreme Court of Canada at this link.
Posted at 10:52 PM by Howard Bashman



"Court tosses polo mogul John Goodman's adoption of girlfriend": The Palm Beach Post has a news update that begins, "An appellate court has tossed Wellington polo mogul John Goodman's adoption of his 42-year-old girlfriend as he battled DUI manslaughter charges, issuing the finding in a scathing decision where the justices said Goodman committed a 'fraud upon the court' and a senior judge called his actions 'reprehensible.'"

The South Florida Sun Sentinel has a news update headlined "Goodman can't adopt 43-year-old girlfriend, court rules; Polo mogul's bid to adopt grown woman a 'fraud,' ruling says."

The Associated Press reports that "Court reverses Fla. mogul's adoption of girlfriend."

And GossipExtra.com reports that "John Goodman's Adoption of His Girlfriend Tossed Out."

You can access today's ruling of Florida's Third District Court of Appeal at this link.
Posted at 10:42 PM by Howard Bashman



"'Crickets' trip up deputy solicitor general": Josh Gerstein of Politico.com has this blog post.
Posted at 10:30 PM by Howard Bashman


"Ditching DOMA: Judging by Wednesday's Supreme Court hearing, the Defense of Marriage Act can't be defended." Emily Bazelon has this Supreme Court dispatch online at Slate.
Posted at 05:27 PM by Howard Bashman


"Gay marriage, voters' rights and the thorny Prop 8 standing problem": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 03:52 PM by Howard Bashman


"Court: Priceline has no fiduciary duty in booking service." Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 03:47 PM by Howard Bashman


"Still Cautious, Supreme Court May Overturn Federal Marriage Law": Tony Mauro has this post at "The BLT: The Blog of Legal Times."

And Howard Mintz of The San Jose Mercury News has an update headlined "Gay marriage in the U.S. Supreme Court: federal law denying benefits to gay couples on shaky ground."
Posted at 03:36 PM by Howard Bashman



"Fight over Pendleton Round-Up costume heading to Oregon Supreme Court": The Oregonian has this report.
Posted at 03:30 PM by Howard Bashman


"Is the New York Thruway toll discount for residents of Grand Island, New York unconstitutional?" That was the title of a post that appeared here at "How Appealing" on October 15, 2009 reporting on a Second Circuit ruling issued that day. According to my post, the ruling "reinstated, in part, a lawsuit challenging as unconstitutional a toll discount for residents of Grand Island, New York when crossing the Grand Island Bridges."

On remand, the federal district court once again rejected the plaintiffs' constitutional challenges to the toll discount. In a per curiam opinion issued today, a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit has affirmed the district court's rejection of the plaintiffs' right-to-travel and dormant Commerce Clause claims.
Posted at 03:24 PM by Howard Bashman



Access online the audio from today's U.S. Supreme Court oral argument in United States v. Windsor, No. 12-307: The Court has posted the audio at this link. And you can access the transcript by clicking here.
Posted at 02:01 PM by Howard Bashman


"5 Justices Skeptical of Ban on Benefits to Gay Spouses": Adam Liptak and Peter Baker of The New York Times have this news update.

Robert Barnes and Sandhya Somashekhar of The Washington Post have a news update headlined "Majority of justices question constitutionality of DOMA."

David G. Savage and David Lauter of The Los Angeles Times have a news update headlined "Liberal justices, Kennedy appear to favor ending part of DOMA."

Evan Perez, Brent Kendall, and Jess Bravin of The Wall Street Journal have a news update headlined "Justices Ask if Defense of Marriage Case Belongs Before Court; Supreme Court Was Hearing Second Day of Gay-Marriage Debate."

Richard Wolf and Kevin Johnson of USA Today have a news update headlined "Justices attack both sides in Defense of Marriage case; Justice Anthony Kennedy's comments suggest the federal Defense of Marriage Act may be on the way out; But first, the justices must decide if the case is properly before them for a decision."

Michael Doyle of McClatchy Newspapers reports that "Gay marriage debate day 2: Supreme Court takes on Defense of Marriage law."

Mark Sherman of The Associated Press reports that "High court skeptical of federal marriage law."

Lawrence Hurley and David Ingram of Reuters report that "Supreme Court indicates may strike down marriage law."

Greg Stohr of Bloomberg News reports that "U.S. Supreme Court Questions Federal Gay-Marriage Law."

Politico.com reports that "DOMA on shaky ground in court."

Ryan J. Reilly and Mike Sacks of The Huffington Post have a report headlined "Supreme Court DOMA Case: Justices Sounded Skeptical Of Law's Constitutionality, Ongoing Enforcement."

At TPM DC, Sahil Kapur reports that "Defense Of Marriage Act Takes A Beating At Supreme Court."

Tom Curry, national affairs writer for NBC News, reports that "Justices signal they might strike down federal marriage law."

At "The BLT: The Blog of Legal Times," Marcia Coyle has a dispatch titled "U.S. Supreme Court Casts Doubt on DOMA."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: DOMA is in trouble."
Posted at 01:47 PM by Howard Bashman



"North Dakota governor signs abortion bills": This article appears today in The Bismarck Tribune.

The Associated Press reports that "ND gears up for legal dispute on new abortion laws."

And Linda Feldmann of The Christian Science Monitor has an article headlined "Why new law makes North Dakota most anti-abortion state: The fetal-heartbeat law, signed by the governor Tuesday, bans abortion as early as six weeks of gestation; North Dakota is also poised to consider a 'personhood amendment' to its state constitution, which would ban abortion altogether."
Posted at 01:46 PM by Howard Bashman



"CNN's Jeffrey Toobin Gets Hit In Face With Light Stand After Making First SCOTUS Prediction Since 'Obamacare'": Noah Rothman has this post (with video) at "Mediaite."
Posted at 01:22 PM by Howard Bashman


"Anthony Lewis '48, Pulitzer Winner and Crimson Mentor, Dies at 85": The Harvard Crimson has this report.

And online at The New Republic, Michael Kinsley has an essay titled "Anthony Lewis: The Paul Krugman of His Time -- And Then Some."
Posted at 01:16 PM by Howard Bashman



"Friend of the Court: How Anthony Lewis Influenced the Justices He Covered." Richard Tofel has this essay online today at ProPublica.
Posted at 12:12 PM by Howard Bashman


"5 Justices Seem Skeptical of Defense of Marriage Act": Adam Liptak and Peter Baker of The New York Times have this news update.
Posted at 12:09 PM by Howard Bashman


"Legacy and the Supremes: A Psychoanalytic Look at the Court; What role does legacy play in the justices' decisions?" This audio segment featuring law professor Rick Hasen -- author of the "Election Law Blog" -- appeared on today's broadcast of WNYC Radio's "The Takeaway."
Posted at 12:01 PM by Howard Bashman


"Argument recap: Court troubled by tort protections for generic pharmaceutical manufacturers." Ronald Mann has this post today at "SCOTUSblog."
Posted at 11:56 AM by Howard Bashman


"Supreme Court conservatives target Obama on marriage law": Lawrence Hurley and David Ingram of Reuters have an article that begins, "Midway into a second day of tackling the gay marriage issue, conservatives on the U.S. Supreme Court said on Wednesday they were troubled by President Barack Obama's decision in 2011 not to defend in court a ban Congress had approved."
Posted at 11:54 AM by Howard Bashman


"The Laughable Argument Against Gay Marriage: The Supreme Court justices will eventually have to reckon with 'responsible procreation.'" Law professor Jeffrey Rosen has this essay online at The New Republic.
Posted at 11:50 AM by Howard Bashman


"Knox case could pit extradition treaty against U.S. Constitution": Terry Baynes of Reuters has this news analysis.
Posted at 11:48 AM by Howard Bashman


"Red Cross in Guantanamo a week early to check on hunger strikers": Carol Rosenberg of The Miami Herald has this report.
Posted at 11:35 AM by Howard Bashman


"Maine Lawyer Credited in Fight for Gay Marriage": This article will appear in Thursday's edition of The New York Times. In addition, the newspaper's "City Room" blog has a post titled "A Marriage Born Where Tables for 2 Women Were Common."

The Columbia Spectator reports today that "Morningside congressman to travel to D.C. to hear DOMA case."

And online at The New Yorker, Jeffrey Toobin has a blog post titled "The Court's Gay-Marriage Confusion."
Posted at 10:49 AM by Howard Bashman



"SCOTUSblog" is among the recipients of the 72nd Annual Peabody Awards announced today by the University of Georgia's Grady College of Journalism and Mass Communication: You can access the full list of winners at this link, and a related news release can be accessed here.
Posted at 10:18 AM by Howard Bashman


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

1. Justice Clarence Thomas delivered the opinion for a unanimous Court in Millbrook v. United States, No. 11-10362. You can access the oral argument via this link.

2. And Justice Antonin Scalia delivered the opinion of the Court in Comcast Corp. v. Behrend, No. 11-864. Justices Ruth Bader Ginsburg and Stephen G. Breyer issued a joint dissenting opinion, in which Justices Sonia Sotomayor and Elena Kagan joined. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Court turns away class action against Comcast" and "Court says gov't can be sued over guards' actions."

And Jonathan Stempel of Reuters reports that "Supreme Court rules for Comcast in class action case."
Posted at 10:05 AM by Howard Bashman



"Another Race Case for a Hostile Supreme Court": Nikole Hannah-Jones has this essay online at ProPublica.
Posted at 09:12 AM by Howard Bashman


"Court to Hear Arguments on Defense of Marriage Act": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court considers DOMA case."

David G. Savage of The Los Angeles Times has a news update headlined "DOMA: Defense of Marriage Act up next at Supreme Court."

Richard Wolf of USA Today has an article headlined "Next on the docket: Defense of Marriage Act."

Lawrence Hurley of Reuters reports that "Supreme Court, in next gay marriage case, eyes federal law."

Mark Sherman of The Associated Press reports that "High court hears case on federal benefits for gays."

Greg Stohr of Bloomberg News has an article headlined "Court Reluctant on Gay Marriage Turns to Benefit Question."

From NPR, yesterday's broadcast of "Morning Edition" contained an audio segment titled "High Court's Decision On Federal Marriage Law Has Tax Implications." And today's broadcast of "Morning Edition" contained an audio segment titled "DOMA Challenge Tests Federal Definition Of Marriage."
Posted at 09:00 AM by Howard Bashman



"Justices Say Time May Be Wrong for Gay Marriage Case": Adam Liptak has this front page article today in The New York Times. The newspaper also contains articles headlined "Oral Arguments Echo in Gatherings Across Nation" and "Good Friends, Same Party but Legal Opponents." An editorial is titled "The California Marriage Case." And columnist Maureen Dowd has an op-ed titled "Courting Cowardice."

In today's edition of The Washington Post, Robert Barnes has an article headlined "Supreme Court justices conflicted on same-sex marriage case." In related coverage, "Thousands rally outside Supreme Court as it hears cases on gay marriage." And in commentary, columnist Dana Milbank has an op-ed titled "Same-sex marriage can't be stopped by courts"; columnist Matt Miller has an op-ed titled "Gay marriage is a matter of class"; and Jeff Chu has an op-ed titled "No court can change attitudes on marriage."

David G. Savage and Noam N. Levey of The Los Angeles Times have an article headlined "Supreme Court seems willing to restore gay marriage in California; The sharply divided justices also appear uncomfortable with legalizing same-sex marriage nationwide." And in related news, "Prop. 8 hearing draws thousands to Supreme Court; Church groups and other opponents of gay marriage vie for attention with same-sex couples, their children and other advocates of overturning California's ban."

Jess Bravin of The Wall Street Journal has an article headlined "Court Weighs Gay Marriage; Skeptical Justices Challenge Both Sides; Kennedy Warns of 'Uncharted Waters.'"

Warren Richey of The Christian Science Monitor has an article headlined "On Prop. 8, Supreme Court gives few hints of sweeping gay marriage ruling; Supreme Court arguments on Prop. 8 were at times pointed, but the justices often seemed tentative, giving the impression that their decision in the gay marriage case might not be broad." And a related article is headlined "Both sides of gay marriage fight agree: today was historic; Proponents of gay marriage are hopeful and opponents wary after arguments on Proposition 8 at the Supreme Court Tuesday; But both acknowledge the import."

McClatchy Newspapers report that "Outside Supreme Court, supporters and opponents of gay marriage divided by family, faith."

The San Francisco Chronicle reports that "Prop. 8 ruling could be limited."

The Washington Times contains articles headlined "Gay-marriage questions offer few clues to Supreme Court's direction"; "Voices pro and con ring out as Supreme Court weighs gay marriage"; and "Both sides optimistic, uncertain as gay marriage arguments end."

From NPR, today's broadcast of "Morning Edition" contained an audio segment titled "Supreme Court's Same-Sex Marriage Docket Draws Crowds." Yesterday evening's broadcast of "All Things Considered" contained audio segments titled "At Arguments, Supreme Court Takes Halting Steps Into Gay Marriage Issue"; "California's Proposition 8 Gets Its Day In The Supreme Court"; "Supreme Court Likely To Duck Any Major Decision In Proposition 8 Case"; "Proposition 8 Case Has High Political Stakes For Both Parties"; "Outside the Supreme Court, The Arguments Continue"; and "Other States Could Be Affected By Supreme Court's Proposition 8 Ruling." And yesterday's broadcast of "Talk of the Nation" contained an audio segment titled "A Recap Of Proposition 8's Day At The Supreme Court."

Yesterday evening's broadcast of The PBS NewsHour contained segments titled "High Court Hears Challenge to Same-Sex Marriage Ban" and "Attorneys Debate Constitutionality, Legal Standing on Prop 8 Case."

From Reuters, Lawrence Hurley and David Ingram report that "Supreme Court wary of broad gay marriage ruling." And Joan Biskupic has a news analysis headlined "Supreme Court seems poised to avoid same-sex marriage tide."

At the "School Law" blog of Education Week, Mark Walsh has a post titled "Justices Weigh Impact of Same-Sex Marriage on Children."

And at "Above the Law," Michelle Olsen has a guest post titled "The Proposition 8 Supreme Court Arguments: Standing and Standing."
Posted at 08:42 AM by Howard Bashman



"Corman and Folmer won't be drawn on Orie Melvin replacement": The Patriot-News of Harrisburg, Pennsylvania contains this article today, along with articles headlined "Sen. Rob Teplitz looking for non-ideologue moderate as Melvin's replacement" and "Vance: Court replacement will require 'god-like qualities.'"

Today's edition of The Scranton Times-Tribune contains an editorial titled "Replacement test for merit selection: Governor to nominate interim justice on top court."

Today's edition of The Express-Times of Easton, Pennsylvania contains an editorial titled "Panella would make exemplary Pa. Supreme Court judge."

And in The Philadelphia Daily News, columnist John Baer has an essay titled "One supreme mess."
Posted at 08:09 AM by Howard Bashman



Tuesday, March 26, 2013

"Justices, Citing Ban on Unreasonable Searches, Limit Use of Drug-Sniffing Dogs": Adam Liptak will have this article Wednesday in The New York Times.

David Jackson and Richard Wolf of USA Today report that "High court rules against drug-sniffing dog search; The Supreme Court says owner's rights were violated by a drug-sniffing dog on the doorstep."

Warren Richey of The Christian Science Monitor reports that "Drug dogs need a warrant to sniff outside your door, Supreme Court rules; When police brought a trained drug dog to the outside of a Florida home to sniff for evidence, that violated the homeowner's Fourth Amendment rights, the Supreme Court justices said in a 5-to-4 decision."

And online at Slate, Emily Bazelon has a jurisprudence essay titled "Not Going to the Dogs: The Supreme Court says police canines can't sniff for drugs on your porch."
Posted at 10:54 PM by Howard Bashman



"Appeals court upholds prayers at city meetings": News Service of Florida has a report that begins, "A federal appeals court Tuesday upheld the constitutionality of prayers before meetings of the Lakeland City Commission, rejecting atheists' arguments that the practice promotes Christianity."

You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 10:26 PM by Howard Bashman



"Proposal 2 goes to U.S. Supreme Court": The Michigan Daily has this report.

AnnArbor.com reports that "Supreme Court to consider Michigan's affirmative action ban a decade after landmark U-M case."

And on yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court To Examine State Ban On Affirmative Action."
Posted at 10:15 PM by Howard Bashman



"Appeals court says Southern Calif. city council can open meetings with prayer": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 04:32 PM by Howard Bashman


"Pennsylvania Supreme Court rules Qu'eed Batts must be resentenced for Easton murder": The Express-Times of Easton, Pennsylvania has a news update that begins, "Qu'eed Batts, who was 14 when he fatally shot an Easton teen in the head in 2006, may still find himself in prison for the rest of his life despite a US Supreme Court decision last year that generally bars life sentences without parole for juveniles."

The Morning Call of Allentown, Pennsylvania has a news update headlined "Supreme Court: Juvenile killer to get new sentencing; Qu'eed Batts was convicted for a 2006 slaying in Easton; He was 14."

And The Patriot-News of Harrisburg, Pennsylvania has a news update headlined "Resentencing ordered for PA man who was 14 when he committed murder."

Today's ruling of the Supreme Court of Pennsylvania consists of the opinion of the court and a concurring opinion.
Posted at 04:23 PM by Howard Bashman



"Boeing Dreamliner Lawsuit Dismissal Upheld on Appeal": Bloomberg News has this report on a ruling that Circuit Judge Richard A. Posner issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.

Update: In other coverage, Alison Frankel's "On the Case" from Thomson Reuters News & Insight has a report headlined "Robbins Geller faces sanctions in Boeing witness controversy: Posner."
Posted at 04:03 PM by Howard Bashman



"Appeals court questions public interest scope in Apple secrecy hearing": Reuters has a report that begins, "A federal appeals court aggressively questioned the scope of the public interest and trade secrets at a hearing on Tuesday over document secrecy in Apple Inc's patent litigation against Samsung Electronics Co Ltd ."

Via the web site of the U.S. Court of Appeals for the Federal Circuit, you can access the audio of today's oral argument in two parts: part one (16.8 MB mp3 audio file) and part two (1.58 MB mp3 audio file).
Posted at 03:57 PM by Howard Bashman



"Whether this Court should replace the strict liability analysis of Section 402A of the Second Restatement with the analysis of the Third Restatement." By means of an order issued today, the Supreme Court of Pennsylvania has granted allowance of appeal to decide that issue.
Posted at 03:50 PM by Howard Bashman


"Donations to Judicial Campaigns Spur Ethics Worries": The Texas Tribune has this report today.
Posted at 03:10 PM by Howard Bashman


"U.S. appeals court declines to rehear Argentina bond case": Nate Raymond of Reuters has this report.

Update: In other coverage, Bloomberg News reports that "Argentina Loses Bid for Full-Court Rehearing on Bonds."
Posted at 02:37 PM by Howard Bashman



"In Miami case, U.S. Supreme Court limits use of drug-sniffing police dogs outside homes": The Miami Herald has this news update.

And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Divided Supreme Court Hinders Cops' Use of Drug-Sniffing Dogs."
Posted at 02:30 PM by Howard Bashman



"Indiana Supreme Court upholds school vouchers": The Indianapolis Star has this news update.

The Associated Press reports that "Ind. court upholds broadest school voucher program."

And Reuters reports that "Indiana court upholds largest U.S. school voucher program."

You can access today's ruling of the Supreme Court of Indiana at this link.
Posted at 02:16 PM by Howard Bashman



"Supreme Court, enigmatic as ever, weighs gay marriage ban": Michael Doyle of McClatchy Newspapers has this report.

Robert Barnes and Carol Morello of The Washington Post have a news update headlined "Supreme Court justices conflicted on gay marriage case."

David G. Savage and Noam N. Levey of The Los Angeles Times have a news update headlined "Supreme Court appears split on Prop. 8, broad gay marriage ruling."

Howard Mintz of The San Jose Mercury News has an update headlined "Proposition 8: U.S. Supreme Court divided about upholding California's gay marriage ban."

At "The BLT: The Blog of Legal Times," Marcia Coyle has a post titled "Justices seem ready to take it slow on marriage issue."

Politico.com reports that "Supreme Court justices wary of sweeping vote on gay marriage."

Mike Sacks and Ryan J. Reilly of The Huffington Post reports that "Supreme Court Proposition 8 Case Arguments Cast Doubt On Gay Marriage Ban."

And Sahil Kapur of TPM DC has reports headlined "Supreme Court Sharply Divided On Whether States May Ban Gay Marriage" and "Justices Flirt With Throwing Out Prop 8 Gay Marriage Case."
Posted at 02:10 PM by Howard Bashman



"This is one of those separated-for-40-years love stories": The seventh item in this past Sunday's "Alaska Ear" column in The Anchorage Daily News reports on the upcoming marriage of Seventh Circuit Chief Judge Frank H. Easterbrook.

Chief Judge Easterbrook appeared on this past weekend's broadcast of C-SPAN2's "Book TV" to discuss Robert H. Bork's posthumously published book, "Saving Justice: Watergate, the Saturday Night Massacre, and Other Adventures of a Solicitor General." You can view the video of that program via this link.
Posted at 02:05 PM by Howard Bashman



The contents of the March 2013 issue of Stanford Law Review are now available online: You can access the contents via this link.

The issue includes a Note by Manuel Possolo titled "Morals Legislation After Lawrence: Can States Criminalize the Sale of Sexual Devices?"
Posted at 01:58 PM by Howard Bashman



"Argument recap: On marriage, Kennedy in control." Lyle Denniston has this post at "SCOTUSblog."
Posted at 01:15 PM by Howard Bashman


Access online the audio from today's U.S. Supreme Court oral argument in Hollingsworth v. Perry, No. 12-144: The Court has posted the audio at this link. And you can access the transcript by clicking here.
Posted at 01:04 PM by Howard Bashman


"North Dakota governor approves 6-week abortion ban": The Associated Press has this report.

Update: In other coverage, The New York Times reports that "North Dakota Governor Signs Strict Abortion Limits."

And Bloomberg News reports that "North Dakota Governor Signs Earliest U.S. Abortion Limit."
Posted at 12:24 PM by Howard Bashman



"Supreme Court raises doubts on California marriage case": Lawrence Hurley and David Ingram of Reuters have this report.

At "The BLT: The Blog of Legal Times," Tony Mauro has a dispatch titled "Justices grapple with California same-sex marriage ban."

And at "SCOTUSblog," Tom Goldstein has a post titled "The Proposition 8 oral argument."
Posted at 12:21 PM by Howard Bashman



"Justices hear arguments on Calif. Gay marriage ban": Mark Sherman of The Associated Press has this report. The AP also reports that "Court grounds packed on first day of marriage case."

Adam Liptak of The New York Times has a news update headlined "In Landmark Case, Justices Debate Gay Marriage."

Richard Wolf and Kevin Johnson of USA Today have a news update headlined "Supreme Court justices question gay marriage bans."

And Reuters reports that "Supreme Court justices raise doubts on California marriage case."
Posted at 11:40 AM by Howard Bashman



"Supreme Court On Gay Marriage: 'Sure, Who Cares.'" The Onion has this report today.
Posted at 11:35 AM by Howard Bashman


"SC court upholds school's decision to ban Confederate clothing in class": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued yesterday.
Posted at 11:18 AM by Howard Bashman


"How Opinion on Same-Sex Marriage Is Changing, and What It Means": Nate Silver has this post today at the "FiveThirtyEight" blog of The New York Times.
Posted at 11:07 AM by Howard Bashman


"Justice Kennedy Questions California Ban on Same-Sex Marriage": Laurie Asseo and Greg Stohr of Bloomberg News have this report.

And Lawrence Hurley of Reuters reports that "Supreme Court begins gay marriage case arguments."
Posted at 11:02 AM by Howard Bashman



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

Justice Antonin Scalia delivered the opinion of the Court in Florida v. Jardines, No. 11-564. Justice Elena Kagan issued a concurring opinion, in which Justices Ruth Bader Ginsburg and Sonia Sotomayor joined. Justice Samuel A. Alito, Jr. issued a dissenting opinion, in which Chief Justice John G. Roberts, Jr. and Justices Anthony M. Kennedy and Stephen G. Breyer joined. You can access the oral argument via this link.

in early news coverage, The Associated Press has a report headlined "Court: Drug dog sniff is unconstitutional search."

Update: In other coverage, Greg Stohr of Bloomberg News reports that "Police Need Warrants for Dogs Sniffing Homes, High Court Says."

And Jonathan Stempel of Reuters reports that "Supreme Court limits police use of drug-sniffing dogs."
Posted at 10:05 AM by Howard Bashman



"Abortion Opponents Gear Up For More Battles": This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:02 AM by Howard Bashman


"Justices to Hear California Case on Same-Sex Marriage Ban Today": Adam Liptak of The New York Times has this news update.

In today's edition of The Washington Post, Robert Barnes has an article headlined "A historic moment as same-sex marriage arrives before Supreme Court."

David G. Savage of The Los Angeles Times reports that "Supreme Court to hear arguments on Prop. 8 gay marriage ban."

Josh Gerstein of Politico.com has a report headlined "Can gay marriage survive SCOTUS loss?"

Mark Sherman of The Associated Press reports that "Calif. gay marriage argument at high court Tuesday."

Bloomberg News reports that "Senators Shift to Gay-Marriage Support Before Court Case."

Bill Mears of CNN.com has an article headlined "Same-sex marriage: A potential Supreme Court blockbuster."

ABC News reports that "Supreme Court Hears Landmark Gay-Marriage Case."

From NPR, on today's broadcast of "Morning Edition," Nina Totenberg had an audio segment titled "In First Of 2 Gay-Marriage Cases, Court Turns To Proposition 8." And yesterday evening's broadcast of "All Things Considered" contained an audio segment titled "Dozens Battle Cold Outside Supreme Court For Chance To Hear Same-Sex Marriage Cases."

And online at The New Republic, law professor David Fontana has an essay titled "Why a Sweeping Gay Marriage Ruling Probably Won't Trigger a Backlash."
Posted at 09:00 AM by Howard Bashman



"Italian court orders new trial for Amanda Knox": The Associated Press has a report that begins, "Italy's highest criminal court on Tuesday overturned Amanda Knox's acquittal in the slaying of her British roommate and ordered a new trial, prolonging a case that has become a cause celebre in the United States."

And Bloomberg News reports that "Italy's Court Orders Retrial for Amanda Knox in Murder Case."
Posted at 08:42 AM by Howard Bashman



"Orie Melvin resigns; governor has chance to appoint new justice; Convicted justice to depart May 1": This article appears today in The Pittsburgh Post-Gazette.

The Pittsburgh Tribune-Review reports today that "Suspended state Justice Joan Orie Melvin to resign." Also, yesterday's edition of that newspaper contained an editorial titled "'Merit selection' for Pa. appellate judges? No, thank you."

The Philadelphia Inquirer contains an article headlined "With Melvin's resignation, what now for the Pa. high court? And when?"

The Patriot-News of Harrisburg, Pennsylvania contains an article headlined "Gov. Tom Corbett calls Melvin's decision to resign 'correct.'"

The Scranton Times Tribune reports that "Corbett to nominate interim justice."

And The Associated Press reports that "Corbett or court could pick Joan Orie Melvin's successor, Chief Justice Ronald Castille says."
Posted at 08:36 AM by Howard Bashman



"Goodbye, Tony Lewis: Thank you for making the law alive." Emily Bazelon has this jurisprudence essay online at Slate.

Online at The New Yorker, Hendrik Hertzberg has a blog post titled "The Tenth Justice (Anthony Lewis, R.I.P.)."

And yesterday's broadcast of NPR's "All Things Considered" contained an audio segment titled "Journalist Anthony Lewis Credited With Reinventing Supreme Court Reporting."
Posted at 08:22 AM by Howard Bashman



Monday, March 25, 2013

"Supreme Court will hear 1st of 2 gay-marriage cases": Michael Doyle of McClatchy Newspapers has this report.

Greg Stohr of Bloomberg News has an article headlined "How Historic Supreme Court Gay-Marriage Case Will Unfold: Q&A."

Chris Geidner of BuzzFeed has an article headlined "What Is Going To Happen At The Supreme Court This Week? After years of winding through the courts, two definitive cases in the marriage debate will finally reach the Supremes; Here's what they'll be considering."

Warren Richey of The Christian Science Monitor has an article headlined "Gay marriage: How Supreme Court cases could end with a whimper; A wildcard in the two landmark gay marriage cases before the Supreme Court this week is that the justices could rule on the question of 'standing,' not the core issue of whether Prop. 8 and DOMA violate the rights of same-sex couples."

Scott Graham of The Recorder has a lengthy article headlined "Toward a More Perfect Union."

Howard Fischer of The Yuma Sun has an article headlined "Gay marriage fight could affect Ariz. case."

Tuesday's edition of The New York Times will contain articles headlined "Now in Defense of Gay Marriage, Bill Clinton" and "Cold, Wet Wait for Tickets to Supreme Court's Same-Sex Marriage Cases."

The Washington Times has an article headlined "Gay-marriage backers see public behind them as the Supreme Court weighs the arguments; Lines form early to hear arguments."

The Los Angeles Times has an article headlined "Lining up to witness Supreme Court arguments on gay marriage."

Bloomberg News reports that "Gay-Marriage Rivals Brush Off Snow to See Historic Case."

National Journal has an article headlined "At the Supreme Court, Waiting Through Sleet, Snow, and an Onslaught of Questions From Journalists; What it's like to spend days outside the Supreme Court waiting to hear oral arguments about same-sex marriage."

Roll Call has a report headlined "SCOTUS Campers: A Tarp-Side View."

The Wrap has an article headlined "Prop 8 at Supreme Court: How TV Helped Clear the Way for Same-Sex Marriage."

In commentary, Tuesday's edition of The New York Times will contain an editorial titled "A 50-State Ruling." And law professor David Cole will have an op-ed titled "Deciding Not to Decide Gay Marriage."

Tuesday's edition of The Washington Post will contain an editorial titled "Supreme Court must strike down Proposition 8 and DOMA." And columnist Eugene Robinson will have an op-ed titled "Gay marriage and the Supreme Court."

And at "Ricochet," law professor Richard Epstein has an essay titled "The Strange Alliances Around the Gay Marriage Cases."
Posted at 11:45 PM by Howard Bashman



"Lasik surgery case claims rejected": Bob Egelko has this news update reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 11:42 PM by Howard Bashman


"US Supreme Court to take up Michigan affirmative action case; At issue in the Michigan affirmative action case is whether a ballot initiative violated the rights of minority students to try to influence school officials to adopt race-conscious admissions plans": Warren Richey of The Christian Science Monitor has this report.
Posted at 11:40 PM by Howard Bashman


"MMS Is Not an Illicit File-Sharing Service, Appeals Court Says": David Kravets has this post at Wired.com's "Threat Level" blog.

And Joe Mullin of Ars Technica reports that "Lawsuit claiming MMS services are like Napster finally fails; Luvdarts LLC told people to forward MMS ads -- then sued telcos for helping out."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 11:28 PM by Howard Bashman



"Inside the Miller County Class-Action Strategy Invalidated by U.S. Supreme Court": Arkansas Business has this report today.
Posted at 10:54 PM by Howard Bashman


"Guantanamo guards take names from Shakespeare": Carol Rosenberg of The Miami Herald has this report.
Posted at 10:32 PM by Howard Bashman


New blawg -- slated to last one day -- started by longtime "How Appealing" reader: The title of the site is "Standing in Line (Unpaid) for the First SCOTUS Gay Marriage Argument." Additional posts are expected to appear starting early tomorrow morning.
Posted at 10:00 PM by Howard Bashman


Programming note: Additional posts will appear here tonight.
Posted at 02:51 PM by Howard Bashman


"In Less Than 50 Years, a Sea Change on Gay Rights": This article will appear Tuesday in The New York Times.
Posted at 02:50 PM by Howard Bashman


"High court weighs drug companies' generics policy": The Associated Press has this report.

Greg Stohr of Bloomberg News reports that "Drugmaker 'Pay for Delay' Accords Questioned by Top Court."

Lawrence Hurley of Reuters reports that "Justices signal uncertainty on drug settlements."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: No easy rule on drug 'pay for delay'?"

You can access at the link the transcript of today's U.S. Supreme Court oral argument in FTC v. Actavis, Inc., No.12-416.
Posted at 02:38 PM by Howard Bashman



"The Life and Death of Anthony Lewis, a 'Tribune of the Law': The author of Gideon's Trumpet changed the way legal issues are covered and understood in America." Andrew Cohen has this essay online at The Atlantic.
Posted at 02:31 PM by Howard Bashman


"Supreme Court's Favorable Rating Still at Historic Low; Few Conservatives View the Roberts Court as Conservative": The Pew Research Center for the People & the Press issued this news release today. You can access the complete survey results at this link.
Posted at 01:50 PM by Howard Bashman


"Scalia Says Marriage Views Not Affected by Lifelong Fear of Gays": Online at The New Yorker, "The Borowitz Report" has this post.
Posted at 01:32 PM by Howard Bashman


"Workers Die Awaiting U.S. Justice as Companies Make Limbo": Jim Efstathiou Jr. of Bloomberg News has this report on the continuing legal battle over President Obama's recess appointments to the NLRB.
Posted at 01:24 PM by Howard Bashman


"Background on Same-Sex Marriage Case at Supreme Court": Adam Liptak will have this article Tuesday in The New York Times.

And at The Huffington Post, law professor Douglas W, Kmiec has a blog entry titled "Prediction: 6-3, DOMA and Prop 8 Both Fall; Opinion by Chief Justice Roberts."
Posted at 01:20 PM by Howard Bashman



"Guantanamo hunger strike grows; 3 captives hospitalized": Carol Rosenberg of The Miami Herald has this news update.
Posted at 01:10 PM by Howard Bashman


"Convicted Orie Melvin resigns from Pennsylvania Supreme Court": Timothy McNulty of The Pittsburgh Post-Gazette has a news update that begins, "Pennsylvania Supreme Court Justice Joan Orie Melvin submitted her resignation today, a month after she was convicted on public corruption charges."

And The Pittsburgh Tribune-Review has a news update headlined "Suspended Justice Joan Orie Melvin resigns high court seat." The newspaper has posted a copy of the resignation letter at this link.

According to the letter, the resignation will take effect on May 1, 2013.
Posted at 12:54 PM by Howard Bashman



"Justices Take New Case on Affirmative Action": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court accepts second case on race-based college admissions."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court agrees to hear Michigan affirmative action case."

The Detroit Free Press has a news update headlined "Supreme Court agrees to hear Michigan affirmative action case."

Lawrence Hurley of Reuters reports that "Supreme Court agrees to hear Michigan affirmative action case."

Greg Stohr of Bloomberg News reports that "Affirmative Action Review Expanded by U.S. Supreme Court."

And at the "School Law" blog of Education Week, Mark Walsh has a post titled "Justices to Weigh Mich. Ban on Race in Admissions."
Posted at 12:48 PM by Howard Bashman



"Tax-Shelter Penalty Gets Top Court Review in McCombs Case": Greg Stohr of Bloomberg News has this report.
Posted at 12:40 PM by Howard Bashman


"Anthony Lewis, Who Transformed Coverage of the Supreme Court, Dies at 85": This obituary, written by Adam Liptak, appears online at The New York Times.

The Boston Globe has a news update headlined "Former New York Times columnist Anthony Lewis dies at 85; winner of two Pulitzer Prizes."

And The Associated Press reports that "Pulitzer Prize-winner Anthony Lewis dies at 85."
Posted at 12:23 PM by Howard Bashman



"Analysis: Obama's climate agenda may face setbacks in federal court." Valerie Volcovici of Reuters has this D.C. Circuit-related report.
Posted at 09:52 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 granted review in two cases and called for the views of the Solicitor General in two cases.

In early news coverage, The Associated Press reports that "New affirmative action case at Supreme Court."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on affirmative action ban."
Posted at 09:33 AM by Howard Bashman



"Supreme Court has menu of options in gay marriage case; Supreme Court justices to hear arguments Tuesday on California's Proposition 8, which bans gay marriage; They could rule narrowly or extend marriage rights nationwide": David G. Savage and Maura Dolan have this article today in The Los Angeles Times.

In today's edition of The San Jose Mercury News, Howard Mintz has an article headlined "Gay marriage and Supreme Court: Justice Anthony Kennedy at center of Proposition 8, federal cases."

The Buffalo News has an article headlined "As Supreme Court ponders gay marriage, it's personal in Buffalo."

The Richmond Times-Dispatch reports that "Virginians look to Supreme Court on same-sex marriage."

In this Wednesday's edition of Education Week, Mark Walsh has an article headlined "Same-Sex-Marriage Cases Hold Implications for Schools."

Bloomberg News reports that "Californians Favor Same-Sex Weddings as Court Weighs Ban."

Reuters has a report headlined "Analysis: Silent or supportive, conservatives give gay marriage momentum."

Chris Geidner of BuzzFeed has an article headlined "The Lawyer And Writer Who Made Marriage Equality Happen: Evan Wolfson and Andrew Sullivan have been arguing since the 1980s that marriage equality is the key step to advancing gay rights in society; This week, the Supreme Court could make their early writings -- and lives' work -- a reality."

Today's broadcast of NPR's "Morning Edition" contained audio segments titled "Shift In Gay Marriage Support Mirrors A Changing America" and "Texas Church Is A Battleground In Gay Marriage War."

At "SCOTUSblog," Lyle Denniston has a post titled "Argument preview: Marriage and the Court's 'friends' -- Part II."

And at the "Constitution Daily" blog of the National Constitution Center, Denniston has a post titled "The court, marriage and high expectations."

At his blog"Jost On Justice," Kenneth Jost has a post titled "'Heightened Scrutiny' in Gay Marriage Cases?"

In the April 1, 2013 issue of The New Yorker, Jeffrey Toobin has a Comment titled "Wedding Bells: Not if, but when will marriage equality pass?"

And Adam Cohen of Time magazine has an essay titled "Why the Supreme Court Is Likely To Rule For Gay Marriage."
Posted at 08:57 AM by Howard Bashman



"Pay-for-delay case presents high court with policy dilemma": Terry Baynes of Reuters has this report.

And on today's broadcast of NPR's "Morning Edition," Nina Totenberg has an audio report titled "Supreme Court Hears 'Pay To Delay' Pharmaceutical Case."
Posted at 08:40 AM by Howard Bashman



"Standoffs over New Jersey judicial nominations could sully court's reputation": In today's edition of The Philadelphia Inquirer, Chris Mondics has an article that begins, "The New Jersey Supreme Court, once viewed as a bastion of independent, if liberal, jurisprudence, risks a sharply diminished reputation if political battles over filling its empty seats are not quickly resolved, legal experts and court-reform advocates say."
Posted at 08:14 AM by Howard Bashman


Sunday, March 24, 2013

"Three Things You May Not Get About the Aaron Swartz Case": Ken at "Popehat" has this post.
Posted at 11:33 PM by Howard Bashman


"Chief Justice's lesbian cousin will attend Prop. 8 hearing": Maura Dolan of The Los Angeles Times has this news update.
Posted at 11:28 PM by Howard Bashman


"The conservative legal star who is fighting for gay marriage; Theodore B. Olson, a former Reagan advisor and anti-Clinton crusader, is about to challenge California's Proposition 8 before the U.S. Supreme Court; The case 'has changed my life a lot,' he says": The Los Angeles Times contains this article today.

In Monday's edition of The Wall Street Journal, Jeffrey A. Fowler and Jess Bravin will have an article headlined "Gay Marriage Defines Court's Week; As Proponents Look Forward to Arguments Before Justices, Foes Warn of '50-State Solution' to Issue." You can freely access the full text of the article via Google News. The newspaper will also contain an editorial titled "Marriage and the Supreme Court: The Justices should not pre-empt an evolving cultural debate best settled democratically."

Warren Richey of The Christian Science Monitor has an article headlined "Gay marriage at the Supreme Court: What are the pivot points? What precedents and arguments may shape the court as it hears two landmark cases on whether same-sex couples have a constitutional right to marry." And Brad Knickerbocker has an article headlined "On gay marriage, political ground shifts rapidly: Will Supreme Court take note? The US Supreme Court this week takes up two key gay marriage cases; Public opinion is changing rapidly here -- a particular challenge for Republicans trying to rebrand their party."

Bill Mears of CNN.com reports that "Gay couple fights for right to marry in epic high court fight."

And Michael Tackett of Bloomberg News has an article headlined "Gay Marriage as Supreme Ruling Recalls Dred Scott, Selma."
Posted at 11:22 PM by Howard Bashman



"Justices to Look at Deals by Generic and Branded Drug Makers": This article will appear Monday in The New York Times.

In Monday's edition of USA Today, Richard Wolf will have an article headlined "Court to rule on deals that slow entry of generic drugs; The government says brand-name and generic drug companies are cheating consumers by cutting sweetheart deals; The drugmakers say just the opposite is true."

The Associated Press has a report headlined "Court: Can drug companies pay to delay generics?"

And Monday's edition of The Washington Post will contain an editorial titled "'Pay-to-delay' pharmaceutical deals smack of illegal collusion."
Posted at 10:54 PM by Howard Bashman



"States Gone Wild": In Monday's edition of The New York Times, columnist Bill Keller will have an op-ed that begins, "No sooner had Arkansas adopted the country's most regressive abortion law earlier this month -- a ban after about 12 weeks of pregnancy -- than North Dakota lowered its limit to as early as six weeks."
Posted at 10:37 PM by Howard Bashman


"A Line at the Supreme Court, and Some Are Paid to Be There": This post appears today at "The Caucus" blog of The New York Times.

And NPR's "the two-way" blog has a post titled "100 Hours On The Supreme Court's Sidewalk: Camping Out For A Seat To History."
Posted at 09:21 PM by Howard Bashman



"Navy's top lawyer named interim military commissions chief": Carol Rosenberg of The Miami Herald has this report.

And Rosenberg also has a related article headlined "At Guantanamo, captives, war on terror devolves into fight over food."
Posted at 09:17 PM by Howard Bashman



"In gay marriage cases, Supreme Court may choose caution over boldness": Robert Barnes will have this article Monday in The Washington Post.

And this evening's broadcast of NPR's "All Things Considered" contained an audio segment titled "Millennials And Same-Sex Marriage: A Waning Divide."
Posted at 07:58 PM by Howard Bashman



"Former Bush Aide Pushes 'Conservative Case' For Gay Marriage": This audio segment featuring Nina Totenberg appeared on today's broadcast of "Weekend Edition Sunday."

And online at The Atlantic, law professor Garrett Epps has an essay titled "How Will Justice Kennedy Decide on the Supreme Court's Gay Marriage Cases? Will he honor states rights or gay rights? He has a long track record of support for both."
Posted at 03:12 PM by Howard Bashman



"Low blows": Speaking of Justice Anthony M. Kennedy, Senior U.S. District Judge Richard G. Kopf has this interesting post today at his blog, "Hercules and the Umpire."
Posted at 10:04 AM by Howard Bashman


"Shadow of Roe v. Wade Looms Over Ruling on Gay Marriage": Adam Liptak has this article today in The New York Times.

Mark Sherman of The Associated Press has an article headlined "AP interview: Lesbian couple in gay marriage case."

Lila Shapiro of The Huffington Post has an article headlined "Before The Supreme Court Considers Gay Marriage, An American Change Of Heart."

At "SCOTUSblog," Lyle Denniston has a post titled "Argument preview: Marriage and the Court's 'friends' -- Part I."

And in today's edition of The Sacramento Bee, law professor Lawrence C. Levine has an essay titled "The man who may decide the future of gay rights" that begins, "All eyes will be on Sacramento's own Justice Anthony M. Kennedy this week when the U.S. Supreme Court hears oral argument in two important cases dealing with issues of fairness and equality under the law."
Posted at 10:00 AM by Howard Bashman



"'Out of Order': sketchy collection of stories about the Supreme Court; 'Out of Order: Stories from the History of the Supreme Court' by retired court Justice Sandra Day O'Connor is a slim, plodding collection of stories about the court." Curt Schleier has this book review today in The Seattle Times.
Posted at 09:53 AM by Howard Bashman


"Supreme Court to hear case with implications for drug prices": This article appears today in The Philadelphia Inquirer.
Posted at 09:50 AM by Howard Bashman


"Under the U.S. Supreme Court: Voter ID -- fraud prevention or voter suppression?" Michael Kirkland of UPI has this report.
Posted at 09:40 AM by Howard Bashman


Saturday, March 23, 2013

"Gay marriage: The long road to Supreme Court." Howard Mintz will have this article Sunday in The San Jose Mercury News.

Mark Sherman of The Associated Press has an article headlined "Wide range of potential outcomes on gay marriage."

Bob Egelko of The San Francisco Chronicle has a blog post titled "Ex-judge predicts 'spectacular' argument against Prop. 8."

Today's broadcast of NPR's "Weekend Edition Saturday" contained an audio segment titled "They All Voted For DOMA, But Now These Senators Are Split."

Sunday's edition of The New York Times will contain an editorial titled "Heightened Scrutiny." And columnist Frank Bruni will have an op-ed titled "Marriage and the Supremes."

And in Sunday's edition of The Los Angeles Times, law professor Michael Klarman will have an op-ed titled "A gay marriage backlash? Not likely; A broad Supreme Court ruling for same-sex marriage would fade, not fester, for four reasons."
Posted at 11:38 PM by Howard Bashman



"What's Standing in the Way of Gay Marriage?" Online at The New Yorker, Richard Socarides has this blog post today.
Posted at 04:26 PM by Howard Bashman


"Obama court pick withdraws, thwarted by Republicans in Senate": David G. Savage of The Los Angeles Times has this report. In addition, Michael McGough has an essay titled "A filibustered judicial nominee withdraws."

Richard Wolf of USA Today reports that "Obama judicial nominee, opposed by GOP, withdraws."

The Columbus (Ohio) Dispatch reports today that "Obama agrees to withdraw judicial nomination."

Bill Mears of CNN.com reports that "Obama nominee for federal appeals court withdraws."

And Reuters reports that "Obama withdraws judicial nominee blocked twice by Republicans."

My round-up of coverage from yesterday afternoon can be accessed here.
Posted at 02:44 PM by Howard Bashman



"A Casket Cartel and the Louisiana Way of Death: Benedictine monks decided to sell the simple wooden caskets they'd always made; Then things got complicated." Chip Mellor and Jeff Rowes have 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 02:28 PM by Howard Bashman


"Could Judge Casper's 2012 recusal pose problem in Bulger case?" David Frank, managing editor of Massachusetts Lawyers Weekly, has this report.
Posted at 02:17 PM by Howard Bashman


"Scalia criticizes modern legal education in Seacoast speech": This article appears today in The Portsmouth (N.H.) Herald.
Posted at 10:18 AM by Howard Bashman


"Don't Forget the Two Republican Judges Who Helped Save Same-Sex Marriage; One struck down California's Proposition 8; the other challenged the Defense of Marriage Act; The road to next week's landmark Supreme Court arguments began with these two rulings in 2010": Andrew Cohen has this essay online today at The Atlantic.
Posted at 10:14 AM by Howard Bashman


Friday, March 22, 2013

"DOMA Drama: What to watch for at the gay marriage arguments before the Supreme Court." Emily Bazelon has this jurisprudence essay online at Slate.

And Ryan J. Reilly and Will Wrigley of The Huffington Post report that "Supreme Court Gay Marriage Line Forms Even Earlier Than Obamacare Queue."
Posted at 11:45 PM by Howard Bashman



"Al Franken Sends Eric Holder Letter Over 'Remarkably Aggressive' Aaron Swartz Prosecution": Zach Carter of The Huffington Post has this report.
Posted at 11:38 PM by Howard Bashman


"Issues Remain for Same-Sex Couples, Whatever the Justices Rule": Tara Siegel Bernard will have this new installment of her "Your Money" column in Saturday's edition of The New York Times.
Posted at 05:49 PM by Howard Bashman


"Senior status for Circuit Judge Michael Boudin": The U.S. Court of Appeals for the First Circuit today issued a news release that begins, "Chief Judge Lynch of the First Circuit Court of Appeals announced today that the Honorable Michael Boudin intends to assume senior status on June 1, 2013."

On Wednesday of last week, I had a post titled "Enquiring about the status of First Circuit Judge Michael Boudin."
Posted at 05:40 PM by Howard Bashman



"Death row inmates challenge use of death penalty drug": Michael Doyle of McClatchy Newspapers has this article previewing a case scheduled for oral argument Monday at the U.S. Court of Appeals for the D.C. Circuit.
Posted at 04:50 PM by Howard Bashman


"Obama Recess Picks Meet Skepticism From Appeals Judges": Tom Schoenberg of Bloomberg News has a report that begins, "President Barack Obama's appointment of labor board members last year while most senators were out of town met skepticism from appeals court judges weighing whether he overstepped his constitutional powers."

Update: You can access the oral argument audio file for this case from the web site of the U.S. Court of Appeals for the Fourth Circuit via this link (53.0 MB mp3 audio file).
Posted at 04:06 PM by Howard Bashman



"Obama withdraws appeals court pick": The Associated Press has a report that begins, " President Barack Obama is withdrawing his nominee to a federal appeals court after Republicans twice blocked her confirmation."

And Politico.com reports that "White House withdraws Halligan nomination."

"The BLT: The Blog of Legal Times" has posted a PDF copy of the nominee's withdrawal letter at this link. And The White House has issued a "Statement by the President on the Withdrawal of the Nomination of Caitlin Halligan."

Update: In other coverage, The Washington Post has a blog entry titled "White House withdraws Caitlin Halligan nomination."

The New York Times has a blog post titled "Obama Withdraws Judicial Nomination After Second G.O.P. Filibuster."

The Washington Times has a blog post titled "Obama gives up on U.S. appeals court pick."

Bloomberg News reports that "Obama Pulls Court Nomination Blocked by Republicans."

The Hill has a blog post titled "White House withdraws court nominee who was blocked twice by GOP."

At "The BLT: The Blog of Legal Times," Todd Ruger has a post titled "After a Two-Year Fight, White House Withdraws Halligan for D.C. Circuit."

Tom Curry, national affairs writer for NBC News, has a blog post titled "NRA scores victory as Obama appeals court nominee withdraws."

And suggesting that the U.S. Senate's filibuster may have been Xenia-phobic, The Columbus Dispatch has a blog post titled "White House withdraws judicial nominee born in Xenia."
Posted at 04:02 PM by Howard Bashman



"Professors Scott Hemphill, Bhaven Sampat on Reverse Payment Settlement": Columbia Law School has posted online this news release about an article headlined "Drug Patents at the Supreme Court" (also available in PDF format) that law professor C. Scott Hemphill and professor Bhaven N. Sampat have in the March 22, 2013 issue of Science magazine.
Posted at 03:57 PM by Howard Bashman


"Fighting Same-Sex Marriage With Zeal and Strategy": This article will appear Saturday in The New York Times.
Posted at 03:30 PM by Howard Bashman


"ND lawmakers define life as starting at conception": The Associated Press has a report that begins, "North Dakota lawmakers moved Friday to outlaw abortion in the state by passing a bill defining life as starting at conception."
Posted at 03:04 PM by Howard Bashman


"Supreme Court's Sidekick Kid Justice Killed By Mad Genius Dr. Contempto": The Onion has this report.
Posted at 03:01 PM by Howard Bashman


"Line formed for marriage arguments": At "SCOTUSblog," Lyle Denniston has a post that begins, "Spectators seeking to get into the Supreme Court chamber for next week's oral arguments on the same-sex marriage cases began lining up on Thursday at about 9 p.m. -- more than four days before the first argument, Tuesday at 10 a.m."

And on a related note, Yale Law School has issued a news release titled "Yale Law School Professors, Alumni Submit Amicus Briefs in Hollingsworth v. Perry."
Posted at 02:44 PM by Howard Bashman



"Senate Judiciary Committee approves nomination of Jane Kelly as next 8th Circuit appeals judge": The Gazette of Cedar Rapids, Iowa has this news update.
Posted at 01:36 PM by Howard Bashman


"The Stealthy Solicitor General": Lincoln Caplan has this post today at the "Taking Note" blog of The New York Times.
Posted at 01:32 PM by Howard Bashman


"Gay Marriage and the Libertarian's Dilemma: The Supreme Court will consider two same-sex marriage cases that pit original intent against individual liberty." Law professor Richard A. Epstein has this essay online today at the Defining Ideas site of the Hoover Institution.
Posted at 01:30 PM by Howard Bashman


"Milbank Tweed Forum, moderated by Samuel Estreicher, features Supreme Court correspondents for Wall Street Journal and New York Times sharing behind-the-scenes scoop": New York University School of Law has posted the video online at YouTube at this link.
Posted at 01:11 PM by Howard Bashman


"Cytori Loses Bid to Overturn FDA Bar on Stem-Cell Devices": Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.

The Associated Press reports that "Judges side with FDA in rejecting stem cell device."

And David Ingram of Reuters reports that "Medical device maker Cytori loses approval fight."
Posted at 12:54 PM by Howard Bashman



"When Bork saved justice: 'Saturday Night Massacre' preserved the Constitution." Former U.S. Senator Fred D. Thompson has this op-ed today in The Washington Times discussing Robert H. Bork's posthumously published book, "Saving Justice: Watergate, the Saturday Night Massacre, and Other Adventures of a Solicitor General."
Posted at 11:52 AM by Howard Bashman


"The Supreme Court's Theory of Private Law": Law professors Nathan B. Oman and Jason M. Solomon have posted this article online at SSRN (via "Legal Theory Blog").
Posted at 11:48 AM by Howard Bashman


"Supreme Court Recusal: From Marbury to the Modern Day." Law professor James J. Sample has posted this article online at SSRN (via "Election Law Blog").
Posted at 11:37 AM by Howard Bashman


"The Sexual Fetish of Gay Marriage Opponents: Defenders of DOMA and Proposition 8 say marriage isn't about love or parenting; It's about coitus." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 11:28 AM by Howard Bashman


"Mentor, Protege Square Off on Gay Marriage; Theodore Olson Helped Paul Clement Ascend Conservative Ranks; Next Week, They Argue Opposite Sides of Landmark Issue": Jess Bravin has this article today in The Wall Street Journal.
Posted at 11:17 AM by Howard Bashman


"Preview: Supreme Court to decide on deals to delay cheaper drugs." Reuters has this report.
Posted at 11:03 AM by Howard Bashman


"Abortion and Gay Marriage: Separate Issues; America has become more pro-life, more pro-gun, and more pro-gay." Jonah Goldberg has this essay today at National Review Online.
Posted at 10:48 AM by Howard Bashman


"EXCLUSIVE: EMails Show Prop. 8 Judge Sought Ted Olson's Advice On Whether to Attend Supreme Court Argument on Gay Marriage." Patterico has this post today at his blog, "Patterico's Pontifications."
Posted at 10:34 AM by Howard Bashman


"Preview: Gay-marriage cases to define U.S. Supreme Court legacy." Joan Biskupic of Reuters has this report.
Posted at 08:42 AM by Howard Bashman


"Florida ruling could force tobacco sector's hand in Engle cases": Reuters has this report.
Posted at 08:34 AM by Howard Bashman


"New Orleans judge rules statute forbidding felons from having firearms unconstitutional after 'fundamental right' amendment": The Times-Picayune has this report.

Via "The Volokh Conspiracy," you can access the trial court's ruling at this link.
Posted at 08:30 AM by Howard Bashman



"UPMC, Pittsburgh stake positions for court fight on nonprofit status": This article appears today in The Pittsburgh Post-Gazette.
Posted at 08:27 AM by Howard Bashman


"Argument preview: Is 'pay for delay' of drugs illegal?" Lyle Denniston has this post today at "SCOTUSblog."
Posted at 08:19 AM by Howard Bashman


"Meet The 83-Year-Old Taking On The U.S. Over Same-Sex Marriage": This audio segment featuring Nina Totenberg appeared on yesterday evening's broadcast of NPR's "All Things Considered."
Posted at 08:16 AM by Howard Bashman


"UK Supreme Court holds first secret session in Iran bank case": Reuters has this report.
Posted at 08:12 AM by Howard Bashman


"Senate filibustering amounts to contempt of the courts: The Senate's habit of filibustering judicial nominees must end; Both Republicans and Democrats are to blame." This editorial appears today in The Los Angeles Times.
Posted at 08:10 AM by Howard Bashman


Thursday, March 21, 2013

"The Constitution and Same-Sex Marriage: Next week the Supreme Court will be asked to decide an issue in an area in which it has said it has no jurisdiction." Law professor Michael W. McConnell will have this op-ed Friday in The Wall Street Journal.
Posted at 09:47 PM by Howard Bashman


"Supreme Court's gay marriage cases: What they're about, what they could mean." Michael Doyle of McClatchy Newspapers has this report.
Posted at 09:12 PM by Howard Bashman


"Motorola: Posner anti-injunction doctrine will kill innovation." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 09:10 PM by Howard Bashman


"United States v. Auernheimer, and Why I Am Representing Auernheimer Pro Bono on Appeal Before the Third Circuit": Orin Kerr has this post at "The Volokh Conspiracy."
Posted at 06:24 PM by Howard Bashman


"Will the Supreme Court Recognize Edith Windsor?" Amy Davidson has this blog post online at The New Yorker.
Posted at 05:54 PM by Howard Bashman


"Court affirms Isohunt copyright infringement, says company encouraged piracy; The Appeals court decision isn't good news for internet services": Greg Sandoval has this post at "The Verge."

And Joe Mullin of Ars Technica has a post titled "Appeals court deals a major blow to torrent site IsoHunt; Site's founder helped users infringe, blew off 'red flags.'"

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

Update:In other coverage, at Wired.com's "Threat Level" blog, David Kravets has a post titled "File-Sharing Service isoHunt Illegally Fosters Piracy, Appeals Court Says."
Posted at 05:20 PM by Howard Bashman



Seventh Circuit Chief Judge Frank H. Easterbrook will appear on this weekend's broadcast of C-SPAN2's "Book TV" to discuss Robert H. Bork's posthumously published book, "Saving Justice: Watergate, the Saturday Night Massacre, and Other Adventures of a Solicitor General": You can view the broadcast schedule for the program at this link.
Posted at 04:26 PM by Howard Bashman


"Judges in Love: Three Seventh Circuit Judges Getting Married." David Lat has this post at "Above the Law."
Posted at 03:44 PM by Howard Bashman


"Gay marriage? These voices say 'No' and explain why; Disparaged as bigots, these diverse voices say they're simply defending American society." Richard Wolf of USA Today has this report.
Posted at 03:25 PM by Howard Bashman


"DOMA is an abuse of federalism": Columnist George F. Will has this op-ed today in The Washington Post.
Posted at 01:40 PM by Howard Bashman


"Maryland Requirement for Gun-Carry Permit Upheld by Court": Bloomberg News has this report.

And The Baltimore Sun has a news update headlined "Federal appellate court upholds Md. handgun permit laws; Concealed-carry laws had been in jeopardy after lower court ruling."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit via "The Volokh Conspiracy" at this link.

Update: The opinion can now also be accessed via the Fourth Circuit's web site at this link.
Posted at 01:35 PM by Howard Bashman



"Northern California Bar Hosts Ninth Circuit Luncheon": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has posted online this news release.
Posted at 01:03 PM by Howard Bashman


"Judging Humor": Online at The New Yorker, Robert Mankoff has this blog post, with a large assist from law professor Laura E. Little.
Posted at 11:56 AM by Howard Bashman


"Goldman can arbitrate gender discrimination lawsuit: court." Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.

Update: In other coverage, Bloomberg News reports that "Ex-Goldman Employee Must Arbitrate Her Claim of Sex Bias."

And Alison Frankel's "On the Case" from Thomson Reuters News & Insight reports that "2nd Circuit squelches Title VII exception to mandatory arbitration."
Posted at 10:36 AM by Howard Bashman



"Kentucky Supreme Court disbars famed class-action attorney Stanley Chesley": The Lexington Herald-Leader has this news update.

Update: You can access the Supreme Court of Kentucky's ruling at this link.

And in other coverage, The Cincinnati Enquirer has a news update headlined "Chesley disbarred by Ky. Supreme Court."
Posted at 10:33 AM by Howard Bashman



"Thorny Questions for Justices in Raisin Case": Adam Liptak has this article today in The New York Times.
Posted at 09:08 AM by Howard Bashman


"Justices Back Loggers in Water Runoff Case": Adam Liptak has this article today in The New York Times.

The Oregonian reports that "Timber industry celebrates Supreme Court decision on logging roads."

And Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court rejects environmentalists' plea: why Scalia dissented; The Supreme Court ruled 7-1 against environmentalists' bid to force the EPA to regulate runoff from logging roads; But how federal agencies' rules are interpreted needs to be reviewed, Scalia warned."
Posted at 09:04 AM by Howard Bashman



"Pittsburgh lawsuit challenges UPMC's tax status": Moriah Balingit has this article today in The Pittsburgh Post-Gazette.

Today's edition of The Pittsburgh Tribune-Review contains an article headlined "Ravenstahl: Pittsburgh sues to remove UPMC's tax-exempt status."

And The Associated Press reports that "Pa. cities take fight to tax-exempt institutions."
Posted at 08:56 AM by Howard Bashman



"Ten Commandments: Proposal legalizes displays; ACLU says Alabama lawmakers are setting themselves up for lawsuits." The Montgomery Advertiser contains this article today.
Posted at 08:50 AM by Howard Bashman


"Supreme Court strikes down state Medicaid recovery law": Terry Baynes of Reuters has this report.

And Michael Doyle of McClatchy Newspapers reports that "Supreme Court trims N.C. share of disabled child's malpractice settlement."
Posted at 08:35 AM by Howard Bashman



"As Gay Marriage Heads To Court, A Look Back At The Bumpy Ride": This audio segment appeared on today's broadcast of NPR's "Morning Edition."

The Associated Press has a report headlined "Changed minds & demographics in gay marriage shift."

And at the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "Constitution Check: Will the Supreme Court be guided by polls about same-sex marriage?"
Posted at 08:32 AM by Howard Bashman



"St. Joseph Abbey casket sales can't be stopped by funeral industry, federal court rules": The Times-Picayune of New Orleans has this report.

My earlier coverage of yesterday's Fifth Circuit ruling appears at this link.
Posted at 08:27 AM by Howard Bashman



"For lawyers, the Supreme Court bar is vanity trip": The Associated Press has this report.
Posted at 08:16 AM by Howard Bashman


Wednesday, March 20, 2013

"$10 court-records access fee proposed": Bob Egelko of The San Francisco Chronicle has an article that begins, "Looking up records in the county courthouse, which is now free, would cost $10 per file under a proposal in Gov. Jerry Brown's budget that was quietly drafted by officials of the cash-starved state courts."
Posted at 11:44 PM by Howard Bashman


"Antitrust scholar Douglas Ginsburg to join George Mason faculty": Andrew Longstreth of Reuters has this report.
Posted at 11:28 PM by Howard Bashman


"Feds battle Walgreens in painkiller distribution case": Michael Doyle of McClatchy Newspapers has this report on a case scheduled for oral argument tomorrow at the U.S. Court of Appeals for the D.C. Circuit.
Posted at 11:26 PM by Howard Bashman


"A Colorblind Constitution: What Abigail Fisher's Affirmative Action Case Is Really About." Nikole Hannah-Jones has this article online at ProPublica.
Posted at 11:12 PM by Howard Bashman


"'Regular' couples at core of historic gay marriage case; Two otherwise unremarkable couples from California hope to change the face of marriage in America by convincing the Supreme Court to legalize same-sex marriage from coast to coast": Richard Wolf will have this article in Thursday's edition of USA Today.
Posted at 11:05 PM by Howard Bashman


"One-on-one with Pa. Supreme Court Chief Justice Ron Castille": ABC television affiliate WHTM of Harrisburg, Pennsylvania today has this report, which is the first in a two-part series.
Posted at 10:54 PM by Howard Bashman


"Wedding Bells": At the "Opinionator" blog of The New York Times, Linda Greenhouse has a post that begins, "I was at the Library of Congress the other day, doing some research in Justice Harry A. Blackmun's collected papers there (an amazing gift that keeps on giving to anyone interested in the history of the Supreme Court in the last three decades of the 20th century)."
Posted at 09:51 PM by Howard Bashman


"'Partial-Birth Abortion' litigation: An example of the problem of an uncertain role definition for federal trial judges." Senior U.S. District Judge Richard G. Kopf had this interesting post Sunday at his blog, "Hercules and the Umpire."

In September 2011, Judge Kopf recused himself from presiding over civil cases involving the regulation of abortion. The explanation he provided for that recusal can be accessed here.
Posted at 09:00 PM by Howard Bashman



"9/11 victims seek revival of Saudi Arabia case at 2nd Circuit": Nate Raymond of Reuters has this report.
Posted at 05:52 PM by Howard Bashman


"Supreme Court chews over case pitting raisin farmers against USDA": Michael Doyle of McClatchy Newspapers has this report.
Posted at 05:51 PM by Howard Bashman


In today's mail: I received the Winter 2013 issue of The Green Bag, which is chock full of good stuff that you can access via this link.
Posted at 05:46 PM by Howard Bashman


"New war crimes review opposed": Lyle Denniston has this post at "SCOTUSblog."
Posted at 05:30 PM by Howard Bashman


"Supreme Court trims N.C. share of disabled child's malpractice settlement": Michael Doyle of McClatchy Newspapers has this report.
Posted at 05:28 PM by Howard Bashman


The contents of the March 2013 issue of the Harvard Law Review are now available online: You can access the contents via this link.

Included within this month's issue are Recent Cases write-ups of the Eighth Circuit's en banc ruling in Planned Parenthood v. Rounds and the Ninth Circuit's en banc ruling in United States v. Nosal.
Posted at 05:16 PM by Howard Bashman



You can now access online the audio from yesterday's two noteworthy Third Circuit oral arguments: The oral argument in the GPS tracking case, United States v. Katzin, can be accessed via this link.

And the oral argument in NLRB v. New Vista Nursing, the recess appointments case, can be accessed via this link.
Posted at 04:56 PM by Howard Bashman



"MIT students receive hoax e-mail telling them classes are canceled; message cites 'Aaron Swartz situation'": The Boston Globe has this news update.

MIT's student newspaper, The Tech, reports that "Sophomore impersonating Reif in email says classes are cancelled due to Swartz-related threats."

And on Monday, law professor Tim Wu had a blog post online at The New Yorker titled "Fixing the Worst Law in Technology."
Posted at 03:00 PM by Howard Bashman



"Justices uphold EPA's policy on logging road runoff": Jeremy P. Jacobs of Greenwire has this report.
Posted at 02:50 PM by Howard Bashman


"Hunger Strike Cases Surge at Guantanamo": Charlie Savage will have this article Thursday in The New York Times.
Posted at 02:48 PM by Howard Bashman


"Young Opponents of Same-Sex Marriage Undaunted": This article will appear Thursday in The New York Times.

And California Lawyer magazine has posted online three related law professor essays. Erwin Chemerinsky's essay is titled "Gay Marriage at the Supreme Court: What to anticipate in the marriage equality oral arguments."

Douglas W. Kmiec's essay is titled "Faith, Reason, and Prop. 8 at the U.S. Supreme Court."

And Rory K. Little's essay is titled "Prop. 8 Should Be Decided on the Merits."
Posted at 02:44 PM by Howard Bashman



"Child Porn Victims Win Restitution Hearing": Pamela A. MacLean has this post today at her "Trial Insider" blog.

My earlier mention of Monday's Ninth Circuit ruling appears at this link.
Posted at 02:20 PM by Howard Bashman



"Argument recap: If only it were simple . . ." At "SCOTUSblog," Lyle Denniston has a post that begins, "A portentous constitutional issue hung in the air Wednesday as the Supreme Court examined government seizures of private property, and everybody seemed to want to have it decided."
Posted at 02:16 PM by Howard Bashman


"Appeals court rules for La. monks in casket fight": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued today.
Posted at 01:49 PM by Howard Bashman


"Funding Cuts Will Compromise Federal Courts, Judges Tell Congress": The Administrative Office of the U.S. Courts issued this news release today.
Posted at 11:25 AM by Howard Bashman


"The Federalist Case Against the Defense of Marriage Act: The debate over gay marriage and federal power reaches the Supreme Court." Damon W. Root has this essay online at Reason.
Posted at 10:24 AM by Howard Bashman


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

1. Justice Anthony M. Kennedy delivered the opinion of the Court in Decker v. Northwest Environmental Defense Center, No. 11-338. Chief Justice John G. Roberts, Jr. issued a concurring opinion, in which Justice Samuel A. Alito, Jr. joined. Justice Antonin Scalia issued an opinion concurring in part and dissenting in part. And Justice Stephen G. Breyer did not participate in the ruling. You can access the oral argument via this link.

2. And Justice Kennedy delivered the opinion of the Court in Wos v. E.M.A., No. 12-98. Justice Breyer issued a concurring opinion. And Chief Justice Roberts issued a dissenting opinion, in which Justices Scalia and Clarence Thomas joined. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Court sides with timber industry in runoff dispute" and "Disabled teen wins high court case over settlement."

And Lawrence Hurley of Reuters reports that "High court rules for timber industry over road runoff."
Posted at 10:05 AM by Howard Bashman



"Justices Permit Resale of Copyrighted Imports": Adam Liptak has this article today in The New York Times.

In today's edition of The Washington Post, Robert Barnes has an article headlined "In copyright case, Supreme Court rules that goods made overseas can be resold here."

In today's edition of The Los Angeles Times, David G. Savage and Dawn Chmielewski have an article headlined "Supreme Court sides with book reseller in copyright ruling; The Supreme Court's ruling on copyrighted works bought abroad and resold in the U.S. gives discount retailers a victory and the entertainment industry a setback."

In today's edition of The Wall Street Journal, Brent Kendall has an article headlined "High Court Rules in Favor of Book Reseller." You can freely access the full text of the article via Google.

On yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court OKs Discounted Resale Of 'Gray Market' Goods."

Erin Geiger Smith of Reuters reports that "Copyright holders assess what's next after SCOTUS first-sale ruling."

The Chronicle of Higher Education reports that "In Win for Libraries Over Publishers, Supreme Court Upholds Reselling of Foreign Books."

Inside Higher Ed reports that "Libraries Can Lend Foreign Books."

At the "School Law Blog" of Education Week, Mark Walsh has a post titled "Justices Rule Against Publishers in Textbook Copyright Case."

At Wired.com's "Threat Level" blog, David Kravets has a post titled "Supreme Court Boosts Right to Resell Copyrighted Goods."

Joe Mullin of Ars Technica reports that "Supreme Court upholds first-sale doctrine in textbook resale case; Thai student's book-importing business was not a copyright crime."

The Hill has a blog post titled "Supreme Court: Copyrighted goods can be resold in the US."

And at Forbes.com, Daniel Fisher has a post titled "Supreme Court Upholds Right To Sell Foreign-Published Books."
Posted at 08:35 AM by Howard Bashman



"Don't give up your right to elect judges": This editorial appears today in The Pocono Record of Stroudsburg, Pennsylvania.
Posted at 08:14 AM by Howard Bashman


Tuesday, March 19, 2013

"Justices Explore Fine Line on Generic Drug Injuries": Adam Liptak will have this article Wednesday in The New York Times.

In Wednesday's edition of The Washington Post, Robert Barnes will have an article headlined "Supreme Court examines generic-drug maker's liability."

In Wednesday's edition of The Los Angeles Times, David G. Savage will have an article headlined "Supreme Court hears suit over liability of generic drug makers; The Supreme Court hears arguments on whether Americans who are hurt by generic drugs can hold the drug maker liable for their injuries."

And online at The Hill, Sam Baker has a blog post titled "Supreme Court weighs limits on lawsuits over dangerous drugs."
Posted at 11:00 PM by Howard Bashman



"Personal trainer Bryant Johnson's clients include two Supreme Court justices": This article will appear Wednesday in the Style section of The Washington Post.
Posted at 10:48 PM by Howard Bashman


The contents of March 2013 issue of The Yale Law Journal can now be accessed online: Via this link.
Posted at 10:30 PM by Howard Bashman


"Until proven guilty? Freeing seized assets via pretrial hearing." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 10:22 PM by Howard Bashman


"Utah Appellate Clinic Secures Victory for Child Pornography Victims": The University of Utah S.J. Quinney College of Law issued this news release today reporting on a partial victory that the school's appellate clinic achieved yesterday in the U.S. Court of Appeals for the Ninth Circuit.
Posted at 10:16 PM by Howard Bashman


"We Aren't in Kansas Anymore": At her "Trial Insider" blog, Pamela A. MacLean has a post that begins, "For curious observers of the inner workings of the federal judiciary, 9th Circuit Chief Judge Alex Kozinski issued an interesting one-man opinion Tuesday, turning down a Kansas judge's offer to help try a complex class action in California." You can access the opinion at this link.
Posted at 10:12 PM by Howard Bashman


"Harry Reid Reaps What He Sowed; The failure to reform the filibuster is already taking a toll": Timothy Noah has this essay online today at The New Republic.
Posted at 08:52 PM by Howard Bashman


"Government changes course on graphic cigarette warnings": David Ingram of Reuters has this report.
Posted at 08:40 PM by Howard Bashman


"Gay marriage in the U.S. Supreme Court: Berkeley couple at the center of historic fight over Proposition 8." Howard Mintz will have this article Wednesday in The San Jose Mercury News.
Posted at 08:37 PM by Howard Bashman


"Court weighs US passport dispute over Jerusalem": The Associated Press has a report that begins, "A federal appeals court had some tough questions Tuesday about the politically sensitive issue of whether Americans born in Jerusalem can list Israel as their birthplace on their U.S. passports."

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "D.C. Circuit Grapples with 'Sensitive' Dispute Over Jerusalem."
Posted at 06:15 PM by Howard Bashman



"Judges asked to rule on warrantless GPS tracking": The Associated Press has this report.
Posted at 06:12 PM by Howard Bashman


"Guantanamo hunger strike grows; military says total now 24": Carol Rosenberg of The Miami Herald has this report.
Posted at 05:32 PM by Howard Bashman


"Indefinite Articles -- Dear judges: Stop trying to figure out what the founders meant by every little word; You can't, and it doesn't matter." Online at Slate, law professor Eric Posner today has an essay that begins, "Last week, the Obama administration asked the Supreme Court to review a lower court ruling that several so-called recess appointments made by the president were invalid."

As noted a few posts below, today a three-judge panel of the U.S. Court of Appeals for the Third Circuit heard oral argument in another case involving the recess appointment issue.
Posted at 04:50 PM by Howard Bashman



"Prompt release of marriage audiotapes": Lyle Denniston has this post at "SCOTUSblog."
Posted at 04:32 PM by Howard Bashman


"SCOTUS to class action bar: You can't stipulate out of federal court." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 03:44 PM by Howard Bashman


"Judge's views about Facebook result in new sentence in child porn case": Nate Raymond of Reuters has this report on a summary order that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 03:40 PM by Howard Bashman


"Court: Can generic drug maker be sued over design?" 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 Mutual Pharmaceutical Co. v. Bartlett, No. 12-142.

Earlier, today's edition of The Philadelphia Inquirer contains an article headlined "U.S. high court to take up case of generic drug tied to Phila. firm."

And in today's edition of The Wall Street Journal, Tevi Troy has an op-ed titled "The Best Prescription for Pre-Emption: Would you rather have a jury or medical experts judge drug safety?"

Update: In other coverage of today's oral argument, Greg Stohr of Bloomberg News reports that "Patients' Generic-Drug Lawsuits Questioned by High Court."

And Lawrence Hurley of Reuters reports that "Supreme Court weighs generic drugmaker liability."
Posted at 03:28 PM by Howard Bashman



"U.S. Appeals Court Hears NLRB Recess Appointment Case": Bloomberg News has this report.
Posted at 03:24 PM by Howard Bashman


"Can the government take a raisin? Farmer challenges Depression-era law." Jeremy P. Jacobs of Greenwire has this report.
Posted at 02:34 PM by Howard Bashman


"Was Religious Accommodation Needed For SCOTUS Arguments In Same-Sex Marriage Cases?-- An Editorial Commentary." Howard Friedman has this post today at his "Religion Clause" blog.
Posted at 02:22 PM by Howard Bashman


"President Reif writes to MIT community regarding release of documents related to Aaron Swartz case": The president of MIT issued this open letter today.

In early news coverage, The Tech -- MIT's student newspaper -- has an online report headlined "Plans for releasing Swartz evidence: MIT plans to make documents public, but with names redacted."

The Boston Globe reports that "MIT agrees to release documents in Aaron Swartz case."

The Boston Herald reports that "MIT to release documents related to Swartz case."

And Gerry Smith of The Huffington Post has a report headlined "MIT Officials Subject To 'Pattern of Harassment And Personal Threats' Since Aaron Swartz's Death."
Posted at 11:44 AM by Howard Bashman



"Constitution Check: Can there be no exceptions to Second Amendment gun rights?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 11:33 AM by Howard Bashman


"State wants to charge citizens to see public court records": Today's edition of The Press Democrat of Santa Rosa, California contains an article that begins, "Viewing a public file at the Santa Rosa courthouse will cost $10 under a proposal from the state's judicial branch that is drawing fire from critics who say it will limit access to public information."
Posted at 11:14 AM by Howard Bashman


"Ruling stands: Brainerd woman must pay $222,000 for illegal music downloads; The decision ends an eight-year battle between copyright owners and a Minnesota woman who is left owing $222,000 for sharing 24 songs online." This article appears today in The Minneapolis Star Tribune.

And The Associated Press reports that "Woman who lost downloading case says she can't pay."
Posted at 11:07 AM by Howard Bashman



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

1. Justice Stephen G. Breyer delivered the opinion of the Court in Kirtsaeng v. John Wiley & Sons, Inc., No. 11-697. Justice Elena Kagan issued a concurring opinion, in which Justice Samuel A. Alito, Jr. joined. And Justice Ruth Bader Ginsburg issued a dissenting opinion, in which Justice Anthony M. Kennedy joined in full and Justice Antonin Scalia joined in part. You can access the oral argument audio via this link.

2. And Justice Breyer delivered the opinion for a unanimous Court in Standard Fire Ins. Co. v. Knowles, No. 11-1450. You can access the oral argument audio via this link.

In early news coverage, The Associated Press reports that "Court sides with student in case over textbooks" and "High court rules for insurer in class-action suit."

Reuters reports that "Supreme Court rules against publisher on copyright protections" and "Supreme Court rules for insurer in class action case."

Greg Stohr of Bloomberg News reports that "EBay Wins as Top Court Backs 'Gray Market' Discount Goods" and "Class-Action Suits Curbed as Court Backs Travelers Unit."

And at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Supreme Court Rules Against Entertainment Industry in Book Publishing Case; Justice Stephen Breyer delivers majority opinion holding that the 'first sale' doctrine applies to works bought overseas and resold in the United States."
Posted at 10:06 AM by Howard Bashman



"Justices appear divided on Arizona voting law": Robert Barnes has this article today in The Washington Post.

In today's edition of The Los Angeles Times, David G. Savage reports that "Supreme Court hears challenge to Arizona's voting requirements; Demanding extra proof of citizenship is a violation of federal 'motor voter' laws designed to streamline registration, say lawyers for civil rights groups; The justices sound divided."

In today's edition of The Wall Street Journal, Jess Bravin reports that "High Court Weighs Voter ID Law." You can freely access the full text of the article via Google News.

Today's edition of The Arizona Republic reports that "U.S. Supreme Court justices ask tough questions on voter registration law; Measure aimed at keeping illegal immigrants off voter rolls."

Warren Richey of The Christian Science Monitor has an article headlined "Citizenship papers a must to register to vote? Supreme Court to decide; US Supreme Court on Monday heard a case about an Arizona law requiring prospective voters to show papers proving they are US citizens; Federal law requires only an oath under penalty of perjury; Can a state tack on that extra provision?"

And on yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Tests Limits Of Voter Registration Law."
Posted at 09:51 AM by Howard Bashman



"High court to rule on forest plan challenge": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 09:48 AM by Howard Bashman


"U.S. top court looks for meaning in obscure bankruptcy term": Lawrence Hurley of Reuters has this report.
Posted at 09:45 AM by Howard Bashman


"Plaintiff lawyers seek new avenues to sue generic drugmakers": Terry Baynes of Reuters has this report.
Posted at 09:40 AM by Howard Bashman


"Are Republicans Abusing the Filibuster on Nominees?" Law professor Cass R. Sunstein has this essay online at Bloomberg View.
Posted at 09:25 AM by Howard Bashman


"One Person One Vote (or Was That One Voter One Vote?)": In today's edition of The New York Times, Adam Liptak has this new installment of his "Sidebar" column.
Posted at 08:59 AM by Howard Bashman


"Ban on Gay Marriage Led Lawyers to Shift Role": Adam Liptak has this front page article today in The New York Times.

And in yesterday's edition of The Los Angeles Times, David G. Savage had an article headlined "Couples in gay marriage case await a landmark ruling; This month, the Supreme Court will consider whether the federal Defense of Marriage Act wrongly denies gay spouses equal benefits under federal law."
Posted at 08:56 AM by Howard Bashman



Monday, March 18, 2013

"NH woman awaits U.S. Supreme Court appeal of $21M verdict against drug maker": This article will appear Tuesday in The New Hampshire Union Leader.
Posted at 11:04 PM by Howard Bashman


"Federal judges 'get no respect' in patent appeals -- but that may change; Top patent court votes to reconsider rules on 'claim construction.'" Joe Mullin of Ars Technica has this report.
Posted at 09:47 PM by Howard Bashman


"Is George Will Homophobic? His rejection of the social science on gay marriage is incoherent, embarrassing, and anti-gay." Nathaniel Frank has this essay online at Slate.
Posted at 06:11 PM by Howard Bashman


"Justices Appear Divided on Arizona Voting Law": Adam Liptak will have this article Tuesday in The New York Times.

And The Arizona Republic has a news update headlined "U.S. Supreme Court justices ask tough questions on voter registration law; Measure aimed at keeping illegal immigrants off voter rolls."
Posted at 06:08 PM by Howard Bashman



"Supreme Court agrees to hear Sierra Nevada forest case": Michael Doyle of McClatchy Newspapers has this report.
Posted at 06:04 PM by Howard Bashman


"Feds: No Warrant Needed to Track Your Car With a GPS Device." At Wired.com's "Threat Level" blog, David Kravets has this post previewing a case scheduled for oral argument tomorrow in the U.S. Court of Appeals for the Third Circuit.
Posted at 06:00 PM by Howard Bashman


"Supreme Court OKs $222K Verdict for Sharing 24 Songs": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 04:33 PM by Howard Bashman


"Even at 93, He Finds a Case Too Important to Pass Up": In last Friday's edition of The New York Times, Jim Dwyer had this installment of his "About New York" column.
Posted at 04:32 PM by Howard Bashman


"Supreme Court Won't Fill Orie Melvin's Spot on Its Own, Eakin Tells Bar": Amaris Elliott-Engel of The Legal Intelligencer has this news update (free registration required for full access).

Thanks to the web site of the Philadelphia Bar Association, you can download a podcast of Pennsylvania Supreme Court Justice J. Michael Eakin's remarks earlier today to a meeting of the bar association's Appellate Courts Committee via a link titled "Pennsylvania Supreme Court Justice J. Michael Eakin addresses the Appellate Courts Committee on March 18, 2013" (25.7 MB mp3 audio file).
Posted at 04:22 PM by Howard Bashman



"At 80, Ginsburg Needs to Know When to Step Aside": Kenneth Jost had this post yesterday at his blog, "Jost On Justice."
Posted at 04:16 PM by Howard Bashman


"Green group's standing at issue as justices take Forest Service NEPA case": Jeremy P. Jacobs of Greenwire has this report.
Posted at 04:10 PM by Howard Bashman


"Voter Proof-of-Citizenship Laws Questioned by High Court": Greg Stohr of Bloomberg News has this report.

Lawrence Hurley of Reuters reports that "Justices weigh Arizona voting registration law."

Richard Wolf of USA Today reports that "Supreme Court dubious of Arizona voter registration law; Justices are sympathetic to Arizona's goal of registering only U.S. citizens, but a majority of them seem to believe the state's 2004 voter referendum renders the federal 'motor voter' law impotent."

Michael Doyle of McClatchy Newspapers reports that "Supreme Court hears Arizona's voter proof-of-citizenship case."

Ryan J. Reilly of The Huffington Post has a report headlined "Supreme Court Voter Registration Case: Justices Weigh Proof Of Citizenship In Arizona."

Sahil Kapur of TPM DC has reports headlined "Justices Narrowly Divided In Voter Registration Case" and "Scalia And Sotomayor Clash In Proof-Of-Citizenship Voting Case."

Politico.com reports that "Justices wrestle with Arizona voter registration law."

At "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: Does 'may only' mean 'shall only'?"

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Arizona v. Inter Tribal Council of Ariz. Inc., No. 12-71.
Posted at 02:44 PM by Howard Bashman



"Must voters have to prove citizenship to register?" The Associated Press has this updated report.
Posted at 12:14 PM by Howard Bashman


"Justices For Sale: The Supreme Court Bobbleheads for Sale Blog." A reader has today notified me of the existence of this blog, which reminds me that I am very far behind in redeeming new bobblehead certificates from The Green Bag.
Posted at 12:10 PM by Howard Bashman


"The Roberts Court vs. Voting Rights": Law professor David Cole will have this essay (free excerpt) in the April 4, 2013 issue of The New York Review of Books.
Posted at 11:30 AM by Howard Bashman


"Generics Firm Sides With FTC; Apotex Files Brief Against Drug-Industry View on Brand-Name Patent Settlements": Brent Kendall has this article today in The Wall Street Journal. You can freely access the full text of the article via Google News.
Posted at 10:18 AM by Howard Bashman


Access online today's Order List of the U.S. Supreme Court: The Court has posted the Order List at this link. The Court granted review in three cases, and the Court called for the views of the Solicitor General in one case.

And at "SCOTUSblog," Lyle Denniston has a post titled "Court grants three cases."

Update: In early news coverage, Reuters has reports headlined "Supreme Court to consider when assets can be frozen pre-trial"; "U.S. top court agrees to hear dispute over California forest plan"; and "Supreme Court won't hear Goldman class action appeal."

Greg Stohr of Bloomberg News has reports headlined "Music File-Sharing Award Left Intact By Supreme Court" and "Goldman Sachs Rejected by Court on Mortgage Securities."

And at Ballot Access News, Richard Winger reports that "U.S. Supreme Court Won't Hear Case on Whether Jurisdictions Must Count Write-in Votes for Declared Write-in Presidential Candidates."
Posted at 09:35 AM by Howard Bashman



"After U.S. high court win, FTC pushes to unwind hospital deal": David Ingram of Reuters has this report.
Posted at 09:27 AM by Howard Bashman


"Dispute on Transgender Rights Unfolds at a Colorado School": This article appears today in The New York Times.
Posted at 09:22 AM by Howard Bashman


"Supreme Court to hear arguments over generic drugmaker liability": Terry Baynes of Reuters has this report.
Posted at 09:18 AM by Howard Bashman


"Va. Supreme Court affirms mentally ill killer can't inherit": This article appears today in The Virginian-Pilot.

You can access last month's ruling of the Supreme Court of Virginia at this link.
Posted at 08:12 AM by Howard Bashman



"N.H. Towing Case Goes To U.S. Supreme Court": New Hampshire Public Radio has this report.
Posted at 08:09 AM by Howard Bashman


"Small fish sparks controversy, takes TVA to Supreme Court": This article appears today in The Daily Beacon, the student newspaper of the University of Tennessee.
Posted at 08:07 AM by Howard Bashman


"The Supreme Court could use secret evidence in a ruling for the first time in a landmark case this week despite previously banning such material from civil courts": The Telegraph (UK) has this report.
Posted at 08:06 AM by Howard Bashman


"Horne faces seasoned foes before Supreme Court": This article appears today in The Arizona Republic, which also contains an article headlined "Arizona has history of wins before Supreme Court."

Pete Williams, justice correspondent for NBC News, has a blog post titled "Supreme Court takes up Arizona voter registration law."

Sahil Kapur of TPM DC reports that "Voting Rights Advocates Sound Alarm As Supreme Court Hears Proof-Of-Citizenship Case."

And on today's broadcast of NPR's "Morning Edition," Nina Totenberg has an audio segment titled "Can States Go Beyond Federal Law On Voter Registration?"
Posted at 08:00 AM by Howard Bashman



"Emory law students bring bankruptcy fight to Supreme Court": Reuters has this report.
Posted at 07:51 AM by Howard Bashman


Sunday, March 17, 2013

"The Supreme Court of Canada's silence is not golden": Monday's edition of The Toronto Globe and Mail will contain an editorial that begins, "It was an embrace unimaginable in Canada. The first Hispanic justice of the United States Supreme Court, Sonia Sotomayor, having written a bestselling memoir, embraced a seven-year-old girl who asked her what books she loved as a child, while 700 people looked on. It's unimaginable in Canada because judges on the Supreme Court do not write books. Not when they're on the court, and not when they retire. As in zero. None."
Posted at 11:18 PM by Howard Bashman


"Chief Judge Rader on the Supreme Court and Judge Posner": Gene Quinn has this post today at his blog, "IPWatchdog."
Posted at 11:15 PM by Howard Bashman


"Edith Windsor's Pioneering Life, From Portofino to the Supreme Court": The March 25, 2013 issue of New York magazine contains this article.
Posted at 11:14 PM by Howard Bashman


"Sunday Sit-Down: West Virginia Supreme Court Chief Justice Brent Benjamin." This interview appears in today's edition of The Wheeling News-Register.
Posted at 11:12 PM by Howard Bashman


"High court reflects diversity of modern marriage": Robert Barnes will have this article Monday in The Washington Post.

And columnist George F. Will has an op-ed titled "The shaky science behind same-sex marriage."
Posted at 11:00 PM by Howard Bashman



"Supreme Court to Hear Challenge to AZ Proof of Citizenship Law": Ariane de Vogue has this blog post today.

At "SCOTUSblog," Lyle Denniston has a post titled "Argument preview: Election integrity, or voter suppression?"

And today's edition of The Arizona Republic contains a front page article headlined "Supreme Court to weigh Arizona's voter-ID law." The newspaper also contains dueling op-eds about the case. Arizona Secretary of State Ken Bennett has an op-ed titled "High court should help Arizona protect elections." And columnist Linda Valdez has an op-ed titled "Arizona's 2004 voter-ID statute is biased, should be thrown out."
Posted at 07:38 PM by Howard Bashman



"Key Dems split with White House on allowing lawsuits over generic drugs": The Hill has this blog post today.
Posted at 07:30 PM by Howard Bashman


"Challenges to iron-ore mine likely to wind up in Wisconsin Supreme Court; Winner of Patience Roggensack-Ed Fallone election likely to help decide cases": Patrick Marley will have this article Monday in The Milwaukee Journal Sentinel.
Posted at 07:26 PM by Howard Bashman


"Justice Milton Tingling is the man who doused Mayor Bloomberg's ban of oversized drinks in city; Tingling found mayor's proposal flawed because it was applied unevenly; Friends and family say judge has always had thirst for fairness": The New York Daily News contains this article today.
Posted at 07:23 PM by Howard Bashman


"Public defenders crucial to justice for past 50 years in U.S." This front page article appears today in The New Haven Register.
Posted at 07:02 PM by Howard Bashman


"Navy ruling ends commercial flights to Guantanamo from South Florida": Carol Rosenberg of The Miami Herald has this report.
Posted at 05:15 PM by Howard Bashman


"Law doesn't require unanimous jury for death sentence": This front page article appears today in The Tampa Bay Times.
Posted at 01:37 PM by Howard Bashman


"Does Affirmative Action Do What It Should?" Dan Slater has this essay today in the Sunday Review section of The New York Times.
Posted at 01:33 PM by Howard Bashman


"U.S. Supreme Court Associate Justice Clarence Thomas Visits NDLS": The Law School of the University of Notre Dame has posted online this news release.
Posted at 01:30 PM by Howard Bashman


"Verrilli and Clement at the Corporate Counsel Institute": Georgetown University Law Center has posted online this news release.
Posted at 01:27 PM by Howard Bashman


"O'Connor shares Supreme Court's history at National Constitution Center": This post appears at the "Constitution Daily" blog of the National Constitution Center.
Posted at 01:24 PM by Howard Bashman


"Serious problems persist in indigent legal defense": Mark Sherman of The Associated Press has this report.
Posted at 01:10 PM by Howard Bashman


"Better Colleges Failing to Lure Talented Poor": This front page article appears today in The New York Times. According to the article, "Elite colleges may soon face more pressure to recruit poor and middle-class students, if the Supreme Court restricts race-based affirmative action. A ruling in the case, involving the University of Texas, is expected sometime before late June."
Posted at 01:08 PM by Howard Bashman


"Argument preview: A vintage 'takings' case." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 11:44 AM by Howard Bashman


"Must voters have to prove citizenship to register?" The Associated Press has this report.

Update: At his "Election Law Blog," Rick Hasen has a post titled "Sleeper Case of the Year?"
Posted at 10:07 AM by Howard Bashman



"Four former Pa. governors come out for judicial merit selection": The Philadelphia Inquirer has this report.
Posted at 09:33 AM by Howard Bashman


"Under the U.S. Supreme Court: Gitmo or the U.S. courts for terror suspects?" Michael Kirkland of UPI has this report.
Posted at 09:30 AM by Howard Bashman


Saturday, March 16, 2013

"Supreme Court Weighs Whether States Can Require Proof Of Citizenship To Register To Vote": Sahil Kapur has this report at TPM DC.
Posted at 10:56 PM by Howard Bashman


"Supreme Court to hear generic drug suit next week": Politico.com has this report.
Posted at 10:55 PM by Howard Bashman


"Aaron Swartz's estate seeks release of documents": Today's edition of The Boston Globe contains an article that begins, "The estate of Aaron Swartz, the Internet activist who was charged with hacking by the federal government and later committed suicide, filed a ­motion in federal court in ­Boston Friday to allow release of documents in the case that has generated national controversy and raised questions over the US attorney's aggressive pursuit of a stiff sentence."
Posted at 10:44 PM by Howard Bashman


En banc Fifth Circuit declines to impose "cumbersome methodological requirement on lower courts to conduct a nationwide survey and look to the majority of state codes -- as well as the Model Penal Code, federal law, and criminal law treatises -- when deriving the meaning of an undefined offense category enumerated in a federal sentencing enhancement": You can access yesterday's en banc ruling of the U.S. Court of Appeals for the Fifth Circuit at this link. It is interesting to note that authorship of the majority opinion is attributed to two Fifth Circuit Judges.

A dissenter from yesterday's en banc Fifth Circuit ruling wrote that he preferred the approach that Circuit Judge J. Harvie Wilkinson III employed in a recent Fourth Circuit ruling that I noted in an earlier post.
Posted at 02:30 PM by Howard Bashman



"Ted Cruz: From Texas Underdog To Republican Up-And-Comer." David Welna had this audio segment on today's broadcast of NPR's "Weekend Edition Saturday."

And in today's edition of The New York Times, columnist Gail Collins has an op-ed titled "The Dread That Is Ted."
Posted at 02:16 PM by Howard Bashman



"In Mississippi, a Gray Area Between Black and White": Jess Bravin has this front page article today in The Wall Street Journal. The newspaper also contains a related article headlined "Behind the Suit That Started It All."
Posted at 02:11 PM by Howard Bashman


"The Long Life and Now Death of the Virginia Sodomy Statute": Shon R. Hopwood has this post at "The CockleBur."
Posted at 01:48 PM by Howard Bashman


"Federal Circuit grants en banc review of case challenging de novo review of district courts' claims-construction decisions": John Council had this post yesterday at the "Tex Parte Blog" of Texas Lawyer.

And in other coverage, at the "Patently-O" blog, Jason Rantanen has a post titled "Federal Circuit to Reconsider De Novo Review of Claim Construction."

Yesterday's order of the U.S. Court of Appeals for the Federal Circuit can be accessed here.
Posted at 01:38 PM by Howard Bashman



"Richard G. Taranto sworn in as Federal Circuit Judge on Friday, March 15, 2013": The U.S. Court of Appeals for the Federal Circuit has posted online this announcement. Circuit Judge Taranto's entry at the Biographical Directory of Federal Judges can be accessed here.
Posted at 01:30 PM by Howard Bashman


"Court Weighs Whether Mentally Ill Can Consent To S&M": The Connecticut Law Tribune has this report.
Posted at 11:40 AM by Howard Bashman


"U.S. acknowledges 14 on hunger strike at Guantanamo prison": Carol Rosenberg of The Miami Herald has this report.
Posted at 11:37 AM by Howard Bashman


"North Dakota has funds to fight over abortion": The Associated Press has a report that begins, "As oil-rich North Dakota moves toward outlawing most abortions, it's in a better position than most states for what could be a long and costly court battle over its restrictions."

And The Bismarck Tribune reports today that "Abortion bills passed."
Posted at 10:12 AM by Howard Bashman



"Partisan split marks high court gay marriage cases": Mark Sherman of The Associated Press has this report.
Posted at 10:09 AM by Howard Bashman


"Right to Lawyer Can Be Empty Promise for Poor": Ethan Bronner has this front page article today in The New York Times.
Posted at 09:23 AM by Howard Bashman


Friday, March 15, 2013

"Bill in North Dakota Bans Abortion After Heartbeat Is Found": This article will appear Saturday in The New York Times.

The Associated Press reports that "North Dakota close to banning abortions at 6 weeks."

And Reuters reports that "North Dakota Senate approves 'heartbeat' abortion ban."
Posted at 11:36 PM by Howard Bashman



"House resolution on impeaching Supreme Court Justice Melvin offered": The Patriot-News of Harrisburg, Pennsylvania has this news update. You can view the resolution at this link.
Posted at 11:32 PM by Howard Bashman


"Judge Vaughn R. Walker: Measured Justice." This profile appears in the current issue of Stanford Lawyer magazine.
Posted at 10:32 PM by Howard Bashman


"Supreme Court will divine the legal stakes in California raisin wars": Michael Doyle of McClatchy Newspapers has this report.
Posted at 10:20 PM by Howard Bashman


"Mass. U.S. Attorney Won't Appeal Tewksbury Motel Ruling": Boston's WBUR-FM has this report.

Today, the Institute for Justice issued a news release headlined "Federal Government Won't Appeal Massachusetts Civil Forfeiture Case; Victory is Final for Motel Caswell and IJ."
Posted at 09:46 PM by Howard Bashman



"Pioneering Judge Denise J. Casper named to preside over James 'Whitey' Bulger trial": Shelley Murphy, Martin Finucane, and John R. Ellement of The Boston Globe have this news update. Last year, The Boston Globe published a profile of the judge headlined "Unprecedented: First black, female judge on federal bench in Mass. is committed to helping others."

The Boston Herald has a news update headlined "New judge named to head 'Whitey' Bulger case."

And The Associated Press reports that "New judge named for former Mass. mobster's trial."
Posted at 09:30 PM by Howard Bashman



"Video of Senator Mike Lee's FedSoc Talk in Honor of Judge Robert Bork": Via "FedSoc Blog," you can access the video at this link.
Posted at 09:18 PM by Howard Bashman


"Court's decision in terrorism case is very disturbing": Law professor Shirin Sinnar has this op-ed today in The Sacramento Bee about a recent Ninth Circuit ruling.

My earlier coverage of the ruling appears at this link.
Posted at 09:01 PM by Howard Bashman



"Exploring and explaining the extra-dry dry martini with your guide, Robert Bork." According to an entry in the "Martini Madness" series online at Slate, "good cocktailians * * * must recognize Bork as a prominent scholar of the martini, a man always guided by a philosophy of originalism when associating at the bar."
Posted at 08:56 PM by Howard Bashman


"O'Connor stops by National Constitution Center on tour": The "Constitution Daily" blog of the National Constitution Center has a post that begins, "Retired Supreme Court Justice Sandra Day O'Connor is at the National Constitution Center on Friday for a sold-out appearance to discuss her new book, Out of Order."

You can view retired Justice O'Connor's appearance live online via this link beginning at 6:30 p.m. eastern time this evening.
Posted at 06:08 PM by Howard Bashman



"NY court: Group can sue over soap chemical." The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 05:14 PM by Howard Bashman


"Arizona attorney general to appeal woman's overturned murder conviction": CNN.com has this report.

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Mother's Death Penalty Reversal to be Appealed."

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 05:10 PM by Howard Bashman



"Federal Judge Finds National Security Letters Unconstitutional, Bans Them": Kim Zetter has this post at Wired.com's "Threat Level" blog.

You can view yesterday's ruling of the U.S. District Court for the Northern District of California at this link.
Posted at 04:57 PM by Howard Bashman



"Lawsuit tests bloggers' freedom of speech rights": The Associated Press has this report.

And at "The BLT: The Blog of Legal Times," Zoe Tillman has a post titled "D.C. Circuit Weighs Fate of D.C. Anti-SLAPP Law in Federal Court."
Posted at 04:44 PM by Howard Bashman



"Two female Supreme Court Justices on the bestseller list": This post appears today at "The Style Blog" of The Washington Post.
Posted at 04:11 PM by Howard Bashman


"FERC Ruled Lacking Authority to Regulate Futures Contracts": Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.

Update: In other coverage, Jeremy P. Jacobs and Hannah Northey of Greenwire report that "Court rules for hedge funder in challenge to FERC futures enforcement."

At "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "In Agency Turf Battle, Appeals Court Voids $30M Fine Against Trader."

And Reuters reports that "U.S. court rules FERC cannot fine Amaranth trader."
Posted at 12:12 PM by Howard Bashman



"U.S. appeals court revives suit over CIA drone records": David Ingram of Reuters has this report.

The Associated Press reports that "Appeals court reverses CIA drone secrecy ruling."

Ryan J. Reilly of The Huffington Post has a report headlined "CIA Drone Strikes Case: Court Finds It Not 'Plausible' That Agency Has No Role."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 12:11 PM by Howard Bashman



"City appeals ruling in disclosure lawsuit to state Supreme Court": Today's edition of The Billings Gazette contains an article that begins, "The city of Billings filed an appeal with the Montana Supreme Court on Thursday, asking it to overturn a district judge's order to release the names of five city workers disciplined for viewing pornography at work."

The newspaper has posted at this link the Brief for Appellant that the City of Billings filed yesterday in the Supreme Court of Montana.
Posted at 10:06 AM by Howard Bashman



"Justice Ginsburg: Equality's architect; On her 80th birthday, she should be honored for her innumerable contributions to women's (and men's) rights." Law professors Leon Friedman and Joanna L. Grossman have this op-ed in the current issue of The National Law Journal.
Posted at 09:55 AM by Howard Bashman


"50 Years After Key Case, Problems Defending The Poor Persist": Carrie Johnson had this audio segment on today's broadcast of NPR's "Morning Edition."
Posted at 09:50 AM by Howard Bashman


"Supreme Court to weigh Arizona voter registration case": Reuters has this report.
Posted at 09:46 AM by Howard Bashman


"U.S. appeals court will let media argue at Apple secrecy hearing": Dan Levine of Reuters has this report.
Posted at 09:44 AM by Howard Bashman


"From the Dustbin: SCOTUS Anthrax Scare." CourtArtist.com has this post today.
Posted at 09:43 AM by Howard Bashman


"Monaghan wins ruling against contraception coverage": This article appears today in The Detroit Free Press.

The Detroit News reports today that "Ann Arbor-based Domino's Farms wins birth control injunction."

And Bloomberg News reports that "Michigan Judge Blocks Health-Care Birth-Control Mandate."

I have posted at this link yesterday's ruling of the U.S. District Court for the Eastern District of Michigan.

And in other coverage, the "Religion Clause" blog has a post titled "Pizza Founder Wins Preliminary Injunction Against Contraceptive Coverage Mandate."
Posted at 08:35 AM by Howard Bashman



Thursday, March 14, 2013

"Can Arizona Make You Show Your Birth Certificate to Vote? The state's voter ID requirement goes to the Supreme Court on Monday." Skye Nickalls has this jurisprudence essay online at Slate.
Posted at 10:02 PM by Howard Bashman


"Let My Justices Go! The Supreme Court will hear some big cases during Passover." Adam Chandler has this post today at "The Scroll" blog of Tablet Magazine.
Posted at 09:58 PM by Howard Bashman


"Alumnus, Supreme Court Clerk Suter retires": The Tulane Hullabaloo has this report.
Posted at 09:46 PM by Howard Bashman


"For Roberts, Gay Rights a Defining Moment": Jess Bravin will have this article Friday in The Wall Street Journal. You can freely access the full text of the article via Google News.
Posted at 09:20 PM by Howard Bashman


"Argument preview: Court to write yet another chapter on tort protections for generic pharmaceutical manufacturers." Ronald Mann has this post today at "SCOTUSblog."
Posted at 06:20 PM by Howard Bashman


Just when it seemed that the number of Newdow lawsuits that this blog was covering had plunged to zero: Via this post at the "Religion Clause" blog, I learned that on Tuesday the Freedom From Religion Foundation issued a news release headlined "Nonbelievers seek to take God off currency."

You can access the complaint initiating suit in Newdow v. U.S. Congress, now pending in the U.S. District Court for the Southern District of New York, via this link.
Posted at 06:05 PM by Howard Bashman



"Appeals Court Hands Veoh Another Win in Important Copyright Ruling; The Ninth Circuit rejects Universal Music Group's challenges on why the video-sharing site didn't qualify for safe harbor from copyright claims": At the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has this post on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 05:58 PM by Howard Bashman


"Convictions of woman on Ariz. death row overturned": Michael Kiefer of The Arizona Republic has this news update.

The Associated Press reports that "Convictions of woman on Ariz. death row overturned."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "'Disturbing' Police Abuse Prompts Death Penalty Reversal."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Chief Judge Alex Kozinski wrote the opinion of the court and also issued a concurring opinion. He fell one opinion shy of the appellate judging trifecta, however, by failing to also issue a dissenting opinion.
Posted at 05:48 PM by Howard Bashman



"Gary Haugen plea for execution: Don't let him over-rule governor, state warns." The Oregonian has this news update.

Peter Wong of The Statesman Journal of Salem, Oregon has a news update headlined "Haugen's rejection of reprieve at center of Supreme Court hearing."

And The Associated Press reports that "Ore. high court eyes death-row inmate's push to die."
Posted at 05:23 PM by Howard Bashman



"Second Circuit holds oral arguments at NYU Law": New York University School of Law posted online this news release today.
Posted at 04:00 PM by Howard Bashman


"Congressional intent at issue as judges wrestle with EPA's Clean Water Act veto power": Jeremy P. Jacobs and Manuel Quinones of Greenwire have this report.
Posted at 03:24 PM by Howard Bashman


"Jeffrey Toobin on Justice Ruth Bader Ginsburg": You can access this audio segment from today's broadcast of WNYC Radio's "The Leonard Lopate Show" via this link.
Posted at 03:02 PM by Howard Bashman


"Florida justices affirm verdict in smoker's death": The Associated Press has this report on a ruling that the Supreme Court of Florida issued today.

In response to the ruling, Philip Morris USA issued a news release headlined "Philip Morris USA to Seek Further Review in the Douglas Case."
Posted at 02:57 PM by Howard Bashman



"A History Lesson From Clarence Thomas: Correcting a liberal smear about the conservative Supreme Court justice." Damon W. Root will have this article in the April 2013 issue of Reason magazine.
Posted at 02:53 PM by Howard Bashman


"Justices raise concerns about budget cuts to judiciary": Lawrence Hurley of Reuters has this report.

Greg Stohr of Bloomberg News has a report headlined "Trial, Bankruptcy Delays: Justices Warn of Long-Term Budget Cuts."

And Tal Kopan of Politico.com has blog posts titled "At sequestration hearing, Breyer, Kennedy say cameras in the courtroom too risky" and "Puerto Rican-born congressman questions Supreme Court justices about becoming president."
Posted at 02:50 PM by Howard Bashman



"Justices Testify on Budget, Cameras, Minority Clerks": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 01:20 PM by Howard Bashman


"Late Pa. Superior Court Judge's Family Sues Savett Over Fatal Fall": Amaris Elliott-Engel had this article (free registration required for full access) yesterday in The Legal Intelligencer.

Earlier today, I linked here to a related article that The Philadelphia Inquirer has posted online.

You can access at this link the complaint initiating suit, which was filed on Tuesday in the Court of Common Please of Philadelphia County.
Posted at 11:50 AM by Howard Bashman



"Supreme Court Justices Discuss Possibility Of Puerto Rico-Born U.S. President": Ryan J. Reilly of The Huffington Post has this report.
Posted at 11:42 AM by Howard Bashman


"What Do Barnes, Biskupic, Chemerinsky, Estrada, Liptak, and NeJaime Have in Common?" Rick Hasen has this post at his "Election Law Blog."
Posted at 10:55 AM by Howard Bashman


"Portland law firm recovers from bankruptcy to continue legal fight against hormone replacement drugs": The Oregonian has this report.
Posted at 10:54 AM by Howard Bashman


"Constitution Check: Does the president have a duty to defend every law?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:45 AM by Howard Bashman


"Blindness can't stop attorney from landing federal clerkship": The Daily Business Review has this article reporting on an attorney who will begin a clerkship for Eleventh Circuit Judge Adalberto Jordan later this year.
Posted at 10:44 AM by Howard Bashman


"For U.S. high court, California justices wrote prologue on gay marriage": Peter Henderson and Dan Levine of Reuters have this news analysis.
Posted at 10:35 AM by Howard Bashman


"In key victory for James 'Whitey' Bulger, federal appeals court throws US District Court Judge Richard Stearns off case": Shelley Murphy and John R. Ellement of The Boston Globe have this news update.

The Boston Herald has a news update headlined "Federal Judge Richard Stearns removed from Whitey case."

Reuters reports that "Appeals court pulls judge from case of accused mobster Bulger."

And The Associated Press reports that "Court removes judge from Bulger trial."

You can access today's ruling of the U.S. Court of Appeals for the First Circuit at this link. Retired Justice David H. Souter wrote the opinion on behalf of a unanimous three-judge panel.
Posted at 10:30 AM by Howard Bashman



"Supreme Court Justices Testify on Budget": C-SPAN provides live coverage at this link.
Posted at 10:24 AM by Howard Bashman


"Family of former Pa. judge sue attorney and catering firm in his death": The Philadelphia Inquirer has this report.
Posted at 10:22 AM by Howard Bashman


"Aaron Swartz's lawyer accuses prosecutor of misconduct; Lawyers will move to unseal evidence against Swartz later this week": Joe Mullin of Ars Technica has this report.

And c|net reports that "Aaron Swartz to be honored with freedom of information award; A champion of open access rights to documents on the Internet, the 26-year-old activist under prosecution committed suicide earlier this year."
Posted at 08:45 AM by Howard Bashman



"Briefs ordered on Orie Melvin removal": Paula Reed Ward has this article today in The Pittsburgh Post-Gazette.
Posted at 08:42 AM by Howard Bashman


"Nanny Mayor, Meet the Nanny Judge: How conservative judicial activism took down Bloomberg's big-soda ban." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 08:37 AM by Howard Bashman


"6th Circuit revives generic drug suit over outdated warning label": Terry Baynes of Reuters has this report.

My earlier coverage of yesterday's Sixth Circuit ruling appears at this link.
Posted at 08:22 AM by Howard Bashman



"Ex-Federal Circuit judge sees patent tensions with Supreme Court": Erin Geiger Smith has this report.
Posted at 08:17 AM by Howard Bashman


Wednesday, March 13, 2013

Enquiring about the status of First Circuit Judge Michael Boudin: People who follow the opinion output of the U.S. Court of Appeals for the First Circuit no doubt have noticed that Judge Boudin has not written any published majority opinions of that court since this opinion issued on December 3, 2012.

What's more, published opinions that have issued since then from three-judge panels that included Judge Boudin have contained footnotes stating that "Judge Boudin heard oral argument in this matter and participated in the semble, but he did not participate in the issuance of the panel's opinion." Indeed, two such opinions issued from the First Circuit earlier today (see here and here).

In the past, a judge's long-term unavailability might indicate that the judge in question is too ill or otherwise incapacitated to take part in the decision-making process. Although this might not even ordinarily be worthy of note, Judge Boudin is a very highly regarded jurist whose decisions will come directly or indirectly before the U.S. Supreme Court for review in several high-profile cases in the weeks ahead. If any First Circuit-based practitioners wish to share whatever information they may have concerning this matter with the many other appellate practitioners who read this blog, I can be contacted at appellateblog [at] hotmail.com.
Posted at 10:38 PM by Howard Bashman



"Divided appellate panel upholds terrorist conviction of Lodi's Hamid Hayat": Sam Stanton, Denny Walsh, and Stephen Magagnini of The Sacramento Bee have this news update.

Bob Egelko of The San Francisco Chronicle has a news update headlined "Court upholds Lodi terrorist conviction."

And The Associated Press reports that "Appeals court upholds California terror conviction."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:12 PM by Howard Bashman



"Orie Melvin judge wants removal from Pennsylvania Supreme Court addressed": Paula Reed Ward of The Pittsburgh Post-Gazette has a news update that begins, "The judge who will sentence suspended Pennsylvania Supreme Court Justice Joan Orie Melvin ordered the attorneys in the case Wednesday to address her removal from the court in briefs due next month."

And The Pittsburgh Tribune-Review has a news update headlined "Melvin attorneys get deadline to address removal from high court."
Posted at 09:40 PM by Howard Bashman



"Supreme Court Ruling Against EPA Inspires New Novel": Damon W. Root has this post today at Reason.com's "Hit & Run" blog about this new book.
Posted at 09:36 PM by Howard Bashman


"Lawyer expects Supreme Court to uphold gay marriage": Greg Toppo of USA Today has an article that begins, "A well-known attorney due to ask the U.S. Supreme Court this month to strike down a California law banning same-sex marriage says the high court may very well present a united front in favor of gay and lesbian rights."
Posted at 09:31 PM by Howard Bashman


"The Threat of 'Innovator Liability': Judges hold a drug maker liable for a drug it didn't produce." This editorial will appear Thursday in The Wall Street Journal.
Posted at 09:23 PM by Howard Bashman


"Aaron Swartz Lawyers Accuse Prosecutor Stephen Heymann Of Misconduct": Ryan Grim and Ryan J. Reilly of The Huffington Post have this report discussing a partially redacted letter dated January 28, 2013.
Posted at 04:44 PM by Howard Bashman


"Ill. gov. wants appeal of concealed carry ruling": The Associated Press has this report.
Posted at 04:32 PM by Howard Bashman


"Diverse high court families mirror country": The Associated Press has a report that begins, "With their Ivy League pedigrees and East Coast addresses, Supreme Court justices often are rightly described as unrepresentative of the nation. But in one area, the justices look a lot like the rest of America. Members of the court have firsthand experience with divorce and adoption, as well as making it alone without ever getting married."
Posted at 02:03 PM by Howard Bashman


"Obama To Senate Dems: We Need Solution To GOP's Confirmation Filibusters." Brian Beutler has this post at TPM DC.
Posted at 01:54 PM by Howard Bashman


"Greenpeace Blocked from Shell Arctic Ships": Today at her "Trial Insider" blog, Pamela A. MacLean has this post reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued late yesterday.
Posted at 01:14 PM by Howard Bashman


"Federal judge: Copyright troll attorneys hiding something; Minnesotan and associates were summoned in copyright case." This article appears today in The Minneapolis Star Tribune.
Posted at 01:03 PM by Howard Bashman


Unanimous three-judge Sixth Circuit panel holds that Mensing does not categorically prohibit all failure to warn personal injury suits brought against manufacturers of generic prescription drugs: You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit in Fulgenzi v. PLIVA, Inc. at this link.

The opening paragraph of the opinion, written by Circuit Judge Danny J. Boggs, summarizes the decision as follows:

Fulgenzi argues that her case is different [from Mensing]: after the branded-drug manufacturer of metoclopramide strengthened the warnings on its label, PLIVA failed to update its label as required by federal law -- rendering compliance with both federal and state duties no longer impossible. PLIVA argues that Mensing admits of no such exception, and alternatively that Fulgenzi is improperly trying to bring a state tort suit premised on violation of federal law. Fulgenzi has the stronger argument, and we reverse the decision of the district court.
This opinion issued at a crucial time, as the U.S. Supreme Court on Tuesday, March 19, 2013 will hear oral argument on a case further questioning Mensing's limits.
Posted at 11:04 AM by Howard Bashman


"Ups and Downs of Arguing Cases of Apparent First Impression": Yesterday's edition of The Legal Intelligencer -- Philadelphia's daily newspaper for lawyers -- contained this month's installment of my "Upon Further Review" column.
Posted at 10:58 AM by Howard Bashman


"In Bible Belt, rift emerges in pro-gay marriage movement": Reuters has this report.
Posted at 10:52 AM by Howard Bashman


"Will our next Supreme Court Justice usher in a new progressive agenda?" Curt Levey has this essay at FoxNews.com.
Posted at 09:06 AM by Howard Bashman


"Mom Says Man's Sadomasochistic Sex With Mentally Ill Daughter Was Abuse, Takes Case To Supreme Court": Alaine Griffin has this article today in The Hartford Courant.
Posted at 09:05 AM by Howard Bashman


"The Fourth Circuit's obviously (and profoundly) mistaken habeas grant premised on the alleged facial unconstitutionality of Virginia's 'anti-sodomy provision'": Law professor Kevin C. Walsh has this post today at his blog, "walshslaw."

My earlier coverage of yesterday's Fourth Circuit ruling appears at this link.
Posted at 09:01 AM by Howard Bashman



"Bucks County Judge Alan Rubenstein sues to keep his job past age 70": This article appears today in the Bucks County (Pa.) Courier Times. The newspaper has posted a copy of the complaint initiating suit at this link.
Posted at 08:54 AM by Howard Bashman


"Dad: Aaron Swartz aimed to make world better." Today's edition of The Boston Herald contains an article that begins, "Tech pioneer and internet activist Aaron Swartz was remembered at a memorial service at the Massachusetts Institute of Technology yesterday as a young genius who wanted to make information freely available to the public."

And Declan McCullagh of c|net has an article headlined "From 'WarGames' to Aaron Swartz: How U.S. anti-hacking law went astray; The 1983 movie 'WarGames' led to an anti-hacking law with felony penalties aimed at deterring intrusions into NORAD; Over time, it became broad and vague enough to ensnare the late Aaron Swartz."
Posted at 08:40 AM by Howard Bashman



"Sonia Sotomayor and Rita Moreno discuss men, moms, love, life": Amy Argetsinger has this post at "The Reliable Source" blog of The Washington Post.
Posted at 08:32 AM by Howard Bashman


In the March / April 2013 issue of Columbia Journalism Review: Beth Schwartzapfel has an article headlined "Inside stories: Nearly 1 in 100 Americans is incarcerated; But how well can journalists cover prisons if they can't get past the gates?"

And James Ridgeway has an article headlined "Fortresses of solitude -- Even more rare: journalist access to prison isolation units."
Posted at 08:14 AM by Howard Bashman



"Bayer Joins Merck in Fighting Generic Drugs Case": Greg Stohr of Bloomberg News has this report.
Posted at 08:05 AM by Howard Bashman


Tuesday, March 12, 2013

"Recess Appointments Ruling to Be Appealed": Charlie Savage will have this article Wednesday in The New York Times.

Stephen Dinan of The Washington Times reports that "Obama to appeal recess appointment ruling to Supreme Court."

Bloomberg News reports that "Obama to Ask Supreme Court to Settle Recess-Power Dispute."

The Associated Press reports that "Labor board to appeal recess case to Supreme Court."

Lawrence Hurley of Reuters reports that "NLRB to seek top court review of recess appointments ruling."

At "The BLT: The Blog of Legal Times," Marcia Coyle has a post titled "NLRB to Appeal Recess Case Directly to Supreme Court."

And at "SCOTUSblog," Lyle Denniston has a post titled "Recess appointments issue on way to Court."
Posted at 11:30 PM by Howard Bashman



"New York City Appeals Soda Size Ban Court Defeat": Bloomberg News has this report.

And Wednesday's edition of The New York Times will contain an article headlined "Legal Battle Over Limits on Sugary Drinks May Outlast Mayor's Tenure."
Posted at 11:00 PM by Howard Bashman



"Fifth-grader can hand out Christmas party invitations in public school, court rules": Peter Hall off The Morning Call of Allentown, Pennsylvania has an article that begins, "A fifth-grader has the same right to give her classmates invitations to a church Christmas party as older students have to protest political and social issues in school, a federal appeals court ruled Tuesday."

The Associated Press (via The Pocono Record) reports that "US appeals court OKs church invites at Barrett Elementary School."

And at the "School Law Blog" of Education Week, Mark Walsh has a post titled "Appeals Court Backs 5th Grader's Religious Flier."

My earlier coverage of today's Third Circuit ruling appears at this link.
Posted at 10:50 PM by Howard Bashman



"Appeals court strikes down Va. anti-sodomy law": The Associated Press has this report on the ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 05:38 PM by Howard Bashman


"BofA's Countrywide Asks Appeals Court to Undo MBIA Ruling": Bloomberg News has this report.

Update: In other coverage, Reuters reports that "Bank of America asks appeals court to overturn rulings in MBIA case."
Posted at 05:07 PM by Howard Bashman



"NLRB To Seek Supreme Court Review in Noel Canning v. NLRB": The National Labor Relations Board issued this news release today announcing its intention to bypass the possibility of rehearing en banc in the D.C. Circuit and instead proceed directly to the U.S. Supreme Court by means of a petition for writ of certiorari.
Posted at 04:48 PM by Howard Bashman


"NAACP chief slams Solicitor General": Al Kamen and Emily Heil have this post today at the "In the Loop" blog of The Washington Post.
Posted at 04:46 PM by Howard Bashman


"Disabled Flying in Unfriendly Skies": At her "Trial Insider" blog, Pamela A. MacLean has this post reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.

Update: In other coverage, Dan Levine of Reuters reports that "U.S. appeals court revives lawsuit vs United Airlines over wheelchair."
Posted at 04:05 PM by Howard Bashman



Harvard Law Review Online posts three essays addressing the D.C. Circuit's recent recess appointment ruling: Law professor Adrian Vermeule's essay is titled "Recess Appointments and Precautionary Constitutionalism."

Law professor Cass R. Sunstein's essay is titled "Originalism v. Burkeanism: A Dialogue Over Recess."

And law professor Peter L. Strauss has an essay titled "The Pre-Session Recess."
Posted at 04:00 PM by Howard Bashman



"Guantanamo smoke detector/listening device revealed": Carol Rosenberg of The Miami Herald has this report.
Posted at 03:48 PM by Howard Bashman


"Convicted Lobbyist Asks Full D.C. Circuit to Review Prosecution": Mike Scarcella has this post today at "The BLT: The Blog of Legal Times."
Posted at 03:10 PM by Howard Bashman


"The Mirage of Racism: The Supreme Court should strike down the Voting Rights Act and rein in Attorney General Eric Holder." Law professor Richard A. Epstein has this essay online today at the Defining Ideas web site of the Hoover Institution.
Posted at 03:07 PM by Howard Bashman


"Supreme Court wades into bitter Texas-Okla. feud ahead of expected 'flood of litigation'": Jeremy P. Jacobs of Greenwire has this report.
Posted at 03:05 PM by Howard Bashman


"Federal Judiciary Braces for Broad Impact of Budget Sequestration": The Administrative Office of the U.S. Courts issued this news release today.

Update: In news coverage, Lawrence Hurley of Reuters reports that "U.S. federal judiciary warns of impact of budget cuts."

And at "The BLT: The Blog of Legal Times," Zoe Tillman has a post titled "Judge Warns Sequestration Would 'Strike at the Heart' of Judiciary."
Posted at 03:04 PM by Howard Bashman



Federal appellate geeks rejoice as the Administrative Office of the U.S. Courts has today posted online statistics for the 12-month period ending September 30, 2012: You can access the statistics via this link.

In my role as an appellate pundit, I took something of a risk when in last month's installment of my Legal Intelligencer column I published an essay titled "Statistics Confirm Growing Rarity of Oral Arguments at Third Circuit" without having access to the Third Circuit's oral argument statistics for the 12-month period ending September 30, 2012. But the relevant statistics became available today, and they further confirm my hypothesis.

The most recent federal appellate court oral argument statistics, which can be accessed online as to all regional circuits and the D.C. Circuit via this link, show that the percentage of cases being orally argued at the Third Circuit for the 12-month period ending September 30, 2012 declined even further from the immediately preceding 12-month period.
Posted at 02:58 PM by Howard Bashman



Third Circuit affirms entry of preliminary injunction in favor of a fifth-grade student at the Barrett Elementary Center of the Pocono Mountain School District allowing her to distribute invitations to her classmates to a Christmas party at her church: You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 01:30 PM by Howard Bashman


"Dutch Supreme Court rules a 'tongue kiss' not rape": The Associated Press has this report.
Posted at 10:36 AM by Howard Bashman


"Ruth Bader Ginsburg celebrates 80th birthday with Washington National Opera": Amy Argetsinger has this post at "The Reliable Souce" blog of The Washington Post.
Posted at 10:35 AM by Howard Bashman


Opting to go from justice on state's highest court to U.S. District Judge: In news from Montana, The Associated Press reports that "Butte native considered for federal judgeship -- Sen. Baucus to recommend Brian Morris."

According to the Montana Supreme Court's biography for Justice Brian Morris, he "served as law clerk for the Honorable William H. Rehnquist at the United States Supreme Court and for the Honorable John T. Noonan, Jr., of the United States Court of Appeals for the Ninth Circuit."

Perhaps the draw to the federal bench to become a trial judge is the guarantee of life tenure. Justice Morris is now 49 years old. According to The AP's report, he "was re-elected in 2012 to another eight-year term [on Montana's highest court] that goes until 2020." It is also not out of the question that Justice Morris may see a federal district judgeship as a good path to later joining the Ninth Circuit, although frequently state high court judges are appointed directly to a federal appellate court.
Posted at 09:36 AM by Howard Bashman



"Arizona's voter registration law heads for Supreme Court review": Cronkite News has this report.
Posted at 09:24 AM by Howard Bashman


"Obama's Judicial Payback: Republicans adopt filibuster tactics that Democrats pioneered." This editorial appears today in The Wall Street Journal. You can freely access the full text of the editorial via Google News.

And online today at The New Yorker, Jeffrey Toobin has a blog post titled "For Obama's Judges, It's Already Late."
Posted at 09:22 AM by Howard Bashman



"Constitution Check: Could the president legally order a drone strike inside the U.S.?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 09:16 AM by Howard Bashman


"Lawyers debate impact of 2nd Circuit off-label ruling": Nate Raymond of Reuters has this report.
Posted at 08:36 AM by Howard Bashman


"Defense attorney group wants U.S. Supreme Court to review Behenna case; Brief filed in Behenna case says U.S. Supreme Court should have final say after military appeals court decision against Edmond soldier in case of unpremeditated murder in combat zone": Chris Casteel has this article today in The Oklahoman.
Posted at 08:32 AM by Howard Bashman


"Top U.S. lawyer to high court focuses on antitrust, patent cases": Lawrence Hurley of Reuters has this report.
Posted at 08:27 AM by Howard Bashman


"State Supreme Court hears gay bias case": Today's edition of The Albuquerque Journal contains a front page article that begins, "Barely three sentences into his argument, the lawyer for a photo studio that refused to photograph a gay couple's commitment ceremony was assailed with questions from a skeptical New Mexico Supreme Court."
Posted at 08:24 AM by Howard Bashman


"Analysis: Death, taxes and Supreme Court's gay marriage case." Kim Dixon of Reuters has this report.
Posted at 08:22 AM by Howard Bashman


Monday, March 11, 2013

"Hold Generic Drug Makers Accountable": This editorial appears today in The New York Times.
Posted at 10:48 PM by Howard Bashman


"Arkansas's Abortion Ban and One Man's Strong Will": This article will appear Tuesday in The New York Times.
Posted at 09:22 PM by Howard Bashman


"After 17 Months, Senate Confirms New Federal Circuit Judge": At "The BLT: The Blog of Legal Times," Todd Ruger has a post that begins, "The Senate unanimously confirmed Washington lawyer Richard Taranto to the U.S. Court of Appeals for the Federal Circuit on Monday, more than 17 months after he was first nominated for the position and more than a year after his confirmation hearing."
Posted at 06:25 PM by Howard Bashman


"Insider trading defendants urge 2nd Circuit to overturn convictions": Nate Raymond of Reuters has this report.
Posted at 04:32 PM by Howard Bashman


"The Laboratory of Judicial Nominations": Law profesor David Fontana has this blog entry today at The Huffington Post.
Posted at 04:12 PM by Howard Bashman


"How SCOTUS wiretap ruling helps Internet privacy defendants": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 04:10 PM by Howard Bashman


"Discrimination Against Asians In College Admissions": This audio segment appeared on today's broadcast of NPR's "On Point with Tom Ashbrook."
Posted at 03:40 PM by Howard Bashman


"How the Sequester Threatens the U.S. Legal System": Andrew Cohen has this essay online at The Atlantic.
Posted at 03:37 PM by Howard Bashman


"Appeals Court: 'Ed Sullivan' Clip in 'Jersey Boys' is Fair Use; The ruling is intended to discourage lawsuits that have a 'chilling effect on creativity.'" At the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has this post on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.

Update: In other coverage, Pamela A. MacLean has this post at her "Trial Insider" blog.
Posted at 03:36 PM by Howard Bashman



"Lawmakers seek cosponsors for resolution on impeaching Joan Orie Melvin": The Pittsburgh Tribune-Review has a news update that begins, "Two members of the House Judiciary Committee on Monday sent other House members a memo seeking cosponsors for a bipartisan resolution to investigate the conduct of suspended Supreme Court Justice Joan Orie Melvin and determine whether she should be impeached."
Posted at 03:28 PM by Howard Bashman


"Appeal by photographer in gay bias case is heard": The Associated Press has a report that begins, "In a case that tests anti-discrimination protection for gays, a religious rights group told the New Mexico Supreme Court on Monday that a photographer who declined to shoot the commitment ceremony of a lesbian couple was exercising her rights to free speech and artistic freedom."
Posted at 03:14 PM by Howard Bashman


Majority on divided three-judge Eighth Circuit panel adopts majority view on proximate cause requirement for child pornography-related federal court restitution awards: You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit at this link.

The dissenter, Circuit Judge Bobby E. Shepherd, voted in favor of adopting the view of the en banc Fifth Circuit majority, which held each defendant individually liable for the full amount of the victim's damages.
Posted at 01:08 PM by Howard Bashman



"Smaller States Find Outsize Clout Growing in Senate; The disproportionate power enjoyed in the Senate by small states is playing a growing role in the political dynamic on issues as varied as gun control, immigration and campaign finance": Adam Liptak has this front page article today in The New York Times.
Posted at 12:24 PM by Howard Bashman


Sunday, March 10, 2013

Programming note: On Monday morning, I will be making a trial court appearance to assist plaintiffs' trial counsel in a now-settled case seek reconsideration of an order that granted defendants' motion to seal several earlier filings by the defendants in the case and the judge's rulings that pertained to those filings. The filings in question were publicly available, and not submitted under seal, for more than a week between the time the filings were made and the case was resolved by means of a confidential settlement. Likewise, the judge's rulings on those filings were publicly available for at least several days.

The settlement between the opposing parties did not include any agreement by plaintiffs that the trial court should seal any portion of the previously publicly available court record in the case. If the trial judge does not rescind her order sealing these items, which occurred without any public notice, plaintiffs and their trial counsel intend to pursue reversal on appeal, which is why I am now involved.

Additional posts will appear here by Monday afternoon.
Posted at 10:48 PM by Howard Bashman



"'Out of Order,' essays by Sandra Day O'Connor": In The Washington Post, Reuters correspondent Joan Biskupic has this review of Justice Sandra Day O'Connor's newest book, "Out of Order: Stories From the History of the Supreme Court."
Posted at 10:45 PM by Howard Bashman


"Republicans filibuster D.C. circuit court nominee Halligan '88": The Daily Princetonian has this newsbrief.
Posted at 10:25 PM by Howard Bashman


"Republic of Texas now wants its day in court; Modern Texians have a new plan for independence, and it involves Belarus and Estonia": This front page article appears in today's edition of The San Antonio Express-News.
Posted at 10:12 PM by Howard Bashman


"Supreme Court justice answers girl's gay marriage letter": Yesterday's edition of The Wilson (N.C.) Times contained an article that begins, "A Supreme Court justice has responded to an 11-year-old Wilson girl's heartfelt appeal for federal recognition of same-sex marriage. Justice Sonia Sotomayor sent Cameron Myers Milne a letter and signed portrait after Cameron asked the high court to strike down the federal Defense of Marriage Act and require North Carolina to recognize her lesbian parents' New York marriage."
Posted at 10:07 PM by Howard Bashman


"Retired Supreme Court justices still judge -- and get judged": Robert Barnes will have this new installment of his "The High Court" column in Monday's edition of The Washington Post.
Posted at 10:00 PM by Howard Bashman


"Gay couples could see windfalls from court action": The Associated Press has this report.
Posted at 08:18 PM by Howard Bashman


"Case raises questions on consent to sadomasochism": The Associated Press has this report previewing a case scheduled for oral argument Wednesday in the Supreme Court of Connecticut.
Posted at 08:02 PM by Howard Bashman


"As Obama, Senate collide, courts caught short; The partisan deadlock in Washington hits much more than budgets; More than ever, judicial picks are ideological cannon fodder": This article (subscription required) appears today in The Boston Globe.
Posted at 08:40 AM by Howard Bashman


"Under the U.S. Supreme Court: 'Dirty Harry' supports gay marriage in California." Michael Kirkland of UPI has this report.
Posted at 08:37 AM by Howard Bashman


Saturday, March 9, 2013

"The Liberals Against Affirmative Action": In the Sunday Review section of tomorrow's edition of The New York Times, David Leonhardt will have a news analysis that begins, "When the Supreme Court last ruled on affirmative action, almost a decade ago, Justice Anthony M. Kennedy issued a 13-page dissent that may now provide the best guide to the future of affirmative action."
Posted at 09:42 PM by Howard Bashman


"The Right to Counsel: Badly Battered at 50": Lincoln Caplan will have this "Sunday Observer" essay in the Sunday Review section of tomorrow's edition of The New York Times.
Posted at 09:15 PM by Howard Bashman


"How a U.S. Citizen Came to Be in America's Cross Hairs": This lengthy front page article will appear in Sunday's edition of The New York Times.
Posted at 08:55 PM by Howard Bashman


"Gay marriage at the Supreme Court: A 'real couple' behind Prop 8 challenge." Robert Barnes will have this article Sunday in The Washington Post.
Posted at 08:54 PM by Howard Bashman


"Obama Voting Rights Act: Administration Planned For Law Being Struck Down." Ryan J. Reilly and Sam Stein of The Huffington Post have this report.
Posted at 01:30 PM by Howard Bashman


"Oklahoma City-based Hobby Lobby seeks to speed court process on health care appeal": This article appears today in The Oklahoman.
Posted at 10:30 AM by Howard Bashman


"Circuit seeks reply on war crimes": Lyle Denniston has this post at "SCOTUSblog."
Posted at 10:25 AM by Howard Bashman


"Court limits border searches of laptops": Bob Egelko has this article today in The San Francisco Chronicle.

In today's edition of The Arizona Daily Star, Howard Fischer has an article headlined "Court limits search of computers; 'Reasonable suspicion' needed before Border Patrol can look at files."

And Joe Mullin of Ars Technica reports that "Appeals court raises standard for laptop searches at US border; Still, a sex offender with encrypted files was suspicious enough to search."

My earlier coverage of yesterday's en banc Ninth Circuit ruling appears here, here, and here.
Posted at 10:12 AM by Howard Bashman



"'Conversion Therapy' May Hinge on Pot Precedent": Scott Graham of The Recorder has this report previewing cases scheduled for oral argument next month in the U.S. Court of Appeals for the Ninth Circuit.

The Ninth Circuit offers free access to the appellate filings in these cases via this link.
Posted at 10:00 AM by Howard Bashman



"Blocked Bids to Fill Judgeships Stir New Fight on Filibuster": This front page article appears today in The New York Times. A related graphic can be viewed at this link.
Posted at 09:15 AM by Howard Bashman


Friday, March 8, 2013

"Court curbs laptop searches at U.S. border": Stephen Dinan of The Washington Times has this report.

The Associated Press reports that "Court limits border searches of electronic devices."

At Wired.com's "Threat Level" blog, David Kravets has a post titled "Appeals Court Curbs Border Agents' Carte Blanche Power to Search Your Gadgets."

At Politico.com, Tal Kopan has a post titled "Border agents need 'reasonable suspicion' for deep search of electronics."

At her "Trial Insider" blog, Pamela A. MacLean has a post titled "Border Property Searches Need Reasonable Suspicion."

Courthouse News Service reports that "9th Circuit Gets Tough on Border Gadget Searches."

At the "Lawfare" blog, Paul Rosenzweig has a post titled "US v. Cotterman -- Laptop Searches at the Border Require 'Reasonable Suspicion.'"

And at "Techdirt," Mike Masnick has a post titled "9th Circuit Appeals Court: 4th Amendment Applies At The Border; Also: Password Protected Files Shouldn't Arouse Suspicion."

My earlier coverage of today's en banc Ninth Circuit ruling appears here and here.
Posted at 06:17 PM by Howard Bashman



"SCOTUSblog on camera: Nina Totenberg interview, Part 5." Today, "SCOTUSblog" has posted at this link part five of its interview with NPR's legal affairs correspondent, Nina Totenberg.
Posted at 06:00 PM by Howard Bashman


"En Banc Ninth Circuit Holds That Computer Forensic Searches Are Like 'Virtual Strip Searches' And Require Reasonable Suspicion At the Border": Orin Kerr has this post at "The Volokh Conspiracy." Kerr's post notes a recent U.S. Supreme Court ruling that might allow federal prosecutors to seek U.S. Supreme Court review even though the prosecution was on the winning side of today's en banc Ninth Circuit ruling.

My earlier coverage of today's ruling can be accessed here.
Posted at 03:36 PM by Howard Bashman



"Toward a Positive Theory of Privacy Law": Law professor Lior Strahilevitz has posted this article online at SSRN.
Posted at 03:25 PM by Howard Bashman


"A 'Court Unpacking Plan' Threatens Judicial Independence": Andrew Cohen has this essay today at the Brennan Center for Justice.

My earlier coverage of this matter can be accessed here.
Posted at 03:02 PM by Howard Bashman



"Judge Alex Kozinski: From Communist Romania to the 9th Circuit Court of Appeals." Today, reason.tv has posted on YouTube the video of Matt Welch's recent interview of Ninth Circuit Chief Judge Alex Kozinski.

And for those who want even more video coverage of Chief Judge Kozinski, earlier this week The Recorder posted online video titled "Privacy Roundtable Highlights."
Posted at 02:54 PM by Howard Bashman



Today, the en banc Ninth Circuit delivered its conclusion to the ongoing saga previously described here as "Welcome back, Cotterman": The original three-judge Ninth Circuit panel's opinion in United States v. Cotterman began:
Today we examine a question of first impression in the Ninth Circuit: whether the search of a laptop computer that begins at the border and ends two days later in a Government forensic computer laboratory almost 170 miles away can still fall within the border search doctrine.
The original three judge panel, by a vote of 2-to-1, rejected Cotterman's challenge to the legality of the search. My earlier coverage of that ruling can be accessed here. Thereafter, the Ninth Circuit granted rehearing en banc, a development that I previously reported on at this link.

Today, the majority on an 11-judge en banc panel of the Ninth Circuit agreed with the panel majority in rejecting Cotterman's challenge to the legality of the search. However, the majority further held that the forensic examination of the defendant's computer required a showing of reasonable suspicion -- a standard that the majority found satisfied. Three judges disagreed with the majority's adoption of a reasonable suspicion standard for searches of electronic storage devices that begin at a border crossing. You can access today's en banc Ninth Circuit ruling at this link.

The dissenters argue that today's en banc ruling creates a circuit split by adopting a reasonable suspicion standard to govern border searches of electronic storage devices instead of allowing suspicionless searches. Yet because the federal government was on the winning side of today's Ninth Circuit ruling, it remains to be seen whether federal prosecutors will be able to seek U.S. Supreme Court review simply because they disagree with the legal principles employed in reaching a result that favored the federal government.
Posted at 02:28 PM by Howard Bashman



"Idaho first state to have fetal pain law rejected": The Associated Press has this report.

Terry Baynes of Reuters reports that "Lawyer-doctor helps strike down Idaho abortion ban."

And in related coverage, The AP has a report headlined "Anti-abortion groups divided over legal tactics."
Posted at 11:57 AM by Howard Bashman



"NJ's Christie committed to sports betting fight": The Associated Press has a report that begins, "Gov. Chris Christie says he'll take the fight to legalize sports gambling in New Jersey to the U.S. Supreme Court, if necessary."
Posted at 11:54 AM by Howard Bashman


"Case to watch: Challenge to 2nd Circuit on FLSA retaliation." Carlyn Kolker of Reuters has this report.
Posted at 11:48 AM by Howard Bashman


"Sloviter, Former Chief Judge of Third Circuit, Is Set to Step Down": In today's edition of The Legal Intelligencer, Saranac Hale Spencer has an article (log-in required for full access) that begins, "Judge Dolores Sloviter, former chief judge of the U.S. Court of Appeals for the Third Circuit, is set to take senior status in June, making her the second judge in as many weeks to announce her departure."
Posted at 11:42 AM by Howard Bashman


"Supreme Court gives 15-year-old boy new trial in killing; Paul Henry Gingerich is believed to be the youngest Hoosier ever sentenced to prison as an adult": The Indianapolis Star has this news update.

And The Associated Press reports that "Indiana boy could face juvenile hearing in killing."
Posted at 11:24 AM by Howard Bashman



"Carl Levin: No Regrets About Stopping Filibuster Reform." Sahil Kapur of TPM DC has this report.
Posted at 11:07 AM by Howard Bashman


"Aaron Swartz's Father On MIT's Handling Of Case: 'Something I'll Never Recover From.'" 90.9 WBUR-FM Boston posted this audio segment online yesterday.
Posted at 11:05 AM by Howard Bashman


"Justice Kennedy library, learning center christened at Sacramento federal courthouse": Denny Walsh has this article today in The Sacramento Bee.
Posted at 08:15 AM by Howard Bashman


Thursday, March 7, 2013

"Legal fight brewing over strict Arkansas abortion law": Politico.com has this report.
Posted at 10:40 PM by Howard Bashman


"Capitol gridlock shifts focus to growing power of Supreme Court to uphold, nix laws": Shannon Bream has this report at FoxNews.com.
Posted at 10:35 PM by Howard Bashman


"DOJ agrees with US Sentencing Commission that child porn guidelines are badly broken": Douglas A. Berman has this post today at his "Sentencing Law and Policy" blog.
Posted at 10:33 PM by Howard Bashman


"[W]e find that the 'generic, contemporary meaning' of statutory rape sets the general age of consent at sixteen years old": So concludes an opinion that Circuit Judge J. Harvie Wilkinson III issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit.
Posted at 10:28 PM by Howard Bashman


"Diversity or discrimination in filling the federal bench?" John S. Rosenberg, author of the blog "Discriminations," has this letter to the editor in today's edition of The Washington Post. He also has a related blog post titled "Obama Moves To Diversify Federal Judiciary. Why?"
Posted at 10:12 PM by Howard Bashman


It appears that the U.S. Senate will confirm a judge to serve on the U.S. Court of Appeals for the Federal Circuit next Monday evening: Details at this link.
Posted at 10:06 PM by Howard Bashman


"The Oddball Doctrine: How Atypical Cases Make Bad Law." Law professor Suja A. Thomas has posted this interesting article online today at SSRN.
Posted at 09:55 PM by Howard Bashman


"Judge delays ruling on gay marriage ban, will wait for Supreme Court decision": The Detroit Free Press has this news update.

And The Detroit News has an update headlined "Judge will wait on ruling in challenge to Michigan gay marriage ban."
Posted at 09:51 PM by Howard Bashman



"SCOTUSblog on camera: Nina Totenberg interview, Part 4." Today, "SCOTUSblog" has posted at this link part four of its interview with NPR's legal affairs correspondent, Nina Totenberg.
Posted at 09:48 PM by Howard Bashman


"It's time to overturn DOMA": Former President Bill Clinton will have this op-ed Friday in The Washington Post.

And The New York Times has a blog post titled "Clinton Urges Court to Overturn Marriage Law He Signed."
Posted at 09:47 PM by Howard Bashman



"Is the Filibuster Unconstitutional? The Founding Fathers might not approve of today's Senate." Law professor Adam Winkler has this essay online at The New Republic.
Posted at 04:39 PM by Howard Bashman


On certified question from the U.S. Court of Appeals for the Eleventh Circuit, the Supreme Court of Florida has limited the economic loss doctrine to product liability cases: You can access today's ruling of Floriday's highest court at this link.
Posted at 01:04 PM by Howard Bashman


"In Supreme Court Debate on Voting Rights Act, a Dubious Use of Statistics": Nate Silver has this post today at the "FiveThirtyEight" blog of The New York Times.
Posted at 01:02 PM by Howard Bashman


"Harry Reid Winks At Revisiting Filibuster Reform": Sahil Kapur of TPM DC has this report.
Posted at 01:00 PM by Howard Bashman


"Ohio Amish face unfamiliar life in federal prison": The Associated Press has this report.
Posted at 12:52 PM by Howard Bashman


"To Place Graduates, Law Schools Are Opening Firms": Ethan Bronner will have this article Friday in The New York Times.
Posted at 12:48 PM by Howard Bashman


"2nd Circuit reverses lower court on qualified immunity finding": Reuters has a report that begins, "A police officer is entitled to qualified immunity in a lawsuit accusing him of violating a driver's right against unreasonable searches and seizures for reading a piece of her mail during a traffic stop, the 2nd U.S. Circuit Court of Appeals has ruled."

You can access yesterday's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 08:59 AM by Howard Bashman



"Republicans Block Judicial Nominee's Confirmation for a Second Time": This article appears today in The New York Times.

The Washington Post reports today that "Senate Republicans filibuster appellate court nominee Caitlin Halligan."

And Todd Ruger of The National Law Journal reports that "GOP senators again block Halligan nomination to D.C. Circuit."
Posted at 08:56 AM by Howard Bashman



"Judge strikes down Idaho's fetal pain abortion law": The Associated Press has this report on a ruling that the U.S. District Court for the District of Idaho issued late yesterday.

In other coverage, Reuters reports that "Federal judge strikes down Idaho ban on late-term abortions."

And Bloomberg News reports that "Idaho Judge Strikes Down State Ban on Late Abortions."
Posted at 08:50 AM by Howard Bashman



"Supreme Court Notebook: What's in a naming?" Mark Sherman of The Associated Press has this report.
Posted at 08:42 AM by Howard Bashman


"Challenge To Michigan's Gay Marriage Ban Grows From Adoption Case": This audio segment appeared on today's broadcast of NPR's "Morning Edition."

Today's edition of The Detroit Free Press reports that "Judge to hear challenge to Michigan ban on same-sex marriage today."

And in today's edition of The Detroit News, columnist Laura Berman has an essay titled "Same-sex couple challenges Michigan's gay marriage ban, seeks to adopt kids together."
Posted at 08:37 AM by Howard Bashman



"Justice Kennedy right at home in Sacramento visit": Denny Walsh has this article today in The Sacramento Bee.

And The Associated Press reports that "Justice Kennedy notes power shift to high court."
Posted at 08:30 AM by Howard Bashman



Wednesday, March 6, 2013

"Days after losing state Supreme Court case, Republicans seek to lay off justices": The Seattle Times has this blog post.

And The Olympian of Olympia, Washington has a blog post titled "Sen. Baumgartner pushes back at Supreme Court's ruling on taxes, files bill to reduce bench from 9 justices to 5."

You can view the proposed legislation at this link.
Posted at 10:34 PM by Howard Bashman



"'A Big New Power'": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 09:40 PM by Howard Bashman


"On March 4, 2013, Paul D. Clement, former Solicitor General of the United States, presented 'The Affordable Care Act Case in the Supreme Court: Looking Back, a Year After,' for Marquette Law School's Hallows Lecture." You can view the lecture online, on demand by clicking here (via "WisconsinEye").
Posted at 06:11 PM by Howard Bashman


"Court: Google isn't liable if your name turns up near something you don't like; 7th Circuit finds Wisconsin woman's privacy was not violated via auto-suggest." Cyrus Farivar of Ars Technica has this report.

My earlier coverage of today's Seventh Circuit ruling appears at this link.
Posted at 04:33 PM by Howard Bashman



"Oklahoma appeals on abortion": Lyle Denniston has this post at "SCOTUSblog." My earlier coverage appears at this link.
Posted at 04:30 PM by Howard Bashman


"Unleash the Lawyer-Bloggers": Paul M. Barrett of Bloomberg Businessweek has this essay today about a recent Virginia Supreme Court ruling that I previously reported on at this link.

According to Barrett's essay, "Rodney Smolla, the attorney representing [the lawyer-blogger involved in the Virginia case], told Bloomberg BNA that he and his client plan to seek U.S. Supreme Court review of the Virginia ruling."
Posted at 04:26 PM by Howard Bashman



"Former justice pens history book about the Court": The Associated Press has this review of retired Justice Sandra Day O'Connor's newest book, "Out of Order: Stories From the History of the Supreme Court."
Posted at 04:10 PM by Howard Bashman


"Judges and Their Papers": Law professor Kathryn A. Watts has posted this article online at SSRN. The article's abstract begins, "Who should own a federal judge's papers?" (Via "Josh Blackman's Blog.")
Posted at 03:55 PM by Howard Bashman


"Republicans block D.C. Circuit nominee Halligan second time": Reuters has this report.

The U.S. Senate's official roll call vote tally can be accessed here.
Posted at 03:28 PM by Howard Bashman



"Ark. House overrides veto of 12-week abortion ban": The Associated Press has a report that begins, "The Arkansas House on Wednesday voted to override Democratic Gov. Mike Beebe's veto of a bill that would ban most abortions from the 12th week of pregnancy onward, giving the state the country's most restrictive abortion laws and setting the stage for a certain court challenge."

And The New York Times has a news update headlined "Arkansas Adopts Strictest Abortion Law in the U.S."
Posted at 03:25 PM by Howard Bashman



"Alabama And The Voting Rights Act": This audio segment appeared on today's broadcast of NPR's "On Point with Tom Ashbrook."

And Ryan J. Reilly of The Huffington Post reports that "Chris Coons Plotting Legislative Response If Voting Rights Act Is Gutted."
Posted at 03:24 PM by Howard Bashman



"Ruth Bader Ginsburg: The Supreme Court's 'Heavyweight.'" This audio segment featuring Jeffrey Toobin of The New Yorker appeared on today's broadcast of NPR's "Fresh Air from WHYY."
Posted at 03:18 PM by Howard Bashman


"Senators Press Holder on Use of Military Force on U.S. Soil": Charlie Savage of The New York Times has this news update.
Posted at 03:16 PM by Howard Bashman


The Associated Press is reporting: You can now access articles headlined "Judge taking a look at Mich. gay marriage ban" and "Puerto Rico court ruling on gay adoptions appealed."
Posted at 01:44 PM by Howard Bashman


"GOP filibuster blocks key Obama judicial nominee": The Washington Times has this news update.

Politico.com reports that "Senate Republicans maintain filibuster on Caitlin Halligan."

Roll Call reports that "Senate Republicans Block Obama Court Nominee."

At "The BLT: The Blog of Legal Times," Todd Ruger has a post titled "GOP Senators Again Block Halligan Nomination to D.C. Circuit."

And The Hill has a blog post titled "GOP blocks Halligan's nomination to DC circuit court."
Posted at 01:14 PM by Howard Bashman



"SCOTUSblog on camera: Nina Totenberg interview, Part 3." Today, "SCOTUSblog" has posted at this link part three of its interview with NPR's legal affairs correspondent, Nina Totenberg.
Posted at 01:04 PM by Howard Bashman


"Eric Holder: Aaron Swartz Case 'A Good Use Of Prosecutorial Discretion.'" Ryan J. Reilly of The Huffington Post has this report.

And The Hill has a blog post titled "Holder defends prosecution of Web activist Swartz."

Update: At Ars Technica, Timothy B. Lee has a post titled "US Attorney General: Swartz case a 'good use of prosecutorial discretion'; Republican senator says government bullied Swartz for 'rather minor' crime."

At Politico.com, Josh Gerstein has a blog post titled "Holder defends alleged hacker's prosecution."

And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Attorney General: Aaron Swartz Case Was a 'Good Use of Prosecutorial Discretion.'"
Posted at 12:50 PM by Howard Bashman



"Supreme Court Petition Challenging Injunction Against Display of 'Gruesome Images' Where Children Can See Them": Eugene Volokh has this post at "The Volokh Conspiracy."
Posted at 12:48 PM by Howard Bashman


"Dissatisfied with the results of internet searches for her name, Beverly Stayart has launched a legal campaign against internet search engines." So begins a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today.

Update: In early news coverage, Jonathan Stempel of Reuters has a report headlined "Google not liable for vanity search results -- appeals court."
Posted at 11:36 AM by Howard Bashman



"Nonprofits told to justify tax exemption": Bobby Kerlik has this article today in The Pittsburgh Tribune-Review. According to the article, "The nonprofits must fill out a three-page application and explain why the property meets a 2012 state Supreme Court decision that qualifies them for tax exemptions as a public charity."
Posted at 11:20 AM by Howard Bashman


The U.S. Senate's vote on a cloture motion on the nomination of Caitlin J. Halligan to serve on the U.S. Court of Appeals for the D.C. Circuit is now underway: You can view the vote live, online via C-SPAN2.

Update: The cloture motion failed, as 51 senators voted in favor, and 41 voted against. Sixty votes in favor are needed to invoke cloture. I will link to the official roll call vote tally when it becomes available.
Posted at 10:54 AM by Howard Bashman



"Eric Holder: Drone Strike To Kill U.S. Citizen On American Soil Legal, Hypothetically." Ryan J. Reilly of The Huffington Post has this report on a letter that the U.S. Attorney General issued on Monday.
Posted at 09:01 AM by Howard Bashman


"Kan. Supreme Court hears case in death of student who led secret life as Internet pornography model": The Associated Press has this report.
Posted at 08:50 AM by Howard Bashman


"Oklahoma AG asks U.S. Supreme Court to review abortion case": The Associated Press has this report.

Update: You can view the petition for writ of certiorari at this link.
Posted at 08:40 AM by Howard Bashman



"Academics see limited options for avoiding major blow to Voting Rights Act": Marcia Coyle of The National Law Journal has this report.
Posted at 08:34 AM by Howard Bashman


"9th Circuit rejects free speech argument in drug promotion case": Terry Baynes of Reuters has a report that begins, "A drug company executive convicted of misrepresenting the results of a clinical drug trial cannot use the First Amendment to overturn his conviction, a federal appeals court ruled in a case with potentially far-reaching implications for the pharmaceutical industry."

The implications of Monday's ruling of the U.S. Court of Appeals for the Ninth Circuit may be limited due to the fact that the decision is identified as non-precedential.
Posted at 08:32 AM by Howard Bashman



U.S. Supreme Court-related segments from last night's broadcast of Comedy Central's "The Daily Show with Jon Stewart": Last night's broadcast contained segments titled "Sandra Day O'Connor Pt. 1"; "Sandra Day O'Connor Pt. 2"; and "Ballots of the Southern Wild."
Posted at 08:30 AM by Howard Bashman


"New plea on war crimes scope": Lyle Denniston has this post at "SCOTUSblog."
Posted at 08:06 AM by Howard Bashman


"Senate vote will reignite battles over judiciary nominees": The Washington Times contains this article today.

AL.com reports that "Sen. Jeff Sessions opposes D.C. Circuit Court nominee Caitlin Halligan."

Politico.com reports that "GOP opposes nominee over guns."

WSJ.com's "Washington Wire" blog has a post titled "Senate Poised to Block Obama Court Nominee" that begins, "For the second time in two years, Senate Republicans are poised to block the nomination of a former New York state solicitor general to a federal appeals court."

Today's edition of The New York Times contains an editorial titled "Confirm Caitlin Halligan for the Federal Bench."

And online at The Hill, law professor Carl Tobias has a blog post titled "Senate should move quickly to fill vacancies on D.C. Circuit."
Posted at 08:04 AM by Howard Bashman



Tuesday, March 5, 2013

"Senate Republicans Open To Gutting Voting Rights Act, Despite Scalia's Analysis": Ryan Grim and Sabrina Siddiqui of The Huffington Post have this report.

At TPM DC, Sahil Kapur reports that "Republican Senators Bob And Weave On Voting Rights Act."

And PolitiFact.com from The Tampa Bay Times has a report headlined "Was Chief Justice John Roberts right about voting rates in Massachusetts, Mississippi?"
Posted at 11:57 PM by Howard Bashman



"'Out Of Order' At The Court: O'Connor On Being The First Female Justice." This audio segment appeared on today's broadcast of NPR's "Fresh Air from WHYY."
Posted at 11:53 PM by Howard Bashman


"U. researchers find appointed state judges more effective than elected judges": The Daily Princetonian has this article reporting on an academic paper whose abstract you can access here.
Posted at 11:47 PM by Howard Bashman


"Eighth Circuit Grants Rehearing En Banc to Settle Intra-Circuit Split": Ryan Koopmans had this post yesterday at "On Brief: Iowa's Appellate Blog."
Posted at 11:44 PM by Howard Bashman


"SCOTUSblog on camera: Nina Totenberg interview, Part 2." Today, "SCOTUSblog" has posted at this link part two of its interview with NPR's legal affairs correspondent, Nina Totenberg.
Posted at 11:40 PM by Howard Bashman


"Alex Kozinski, Federal Judge, Would Pay A Maximum Of $2,400 A Year For Privacy": Matt Sledge of The Huffington Post has this report.

Video of the event at which Ninth Circuit Chief Judge Alex Kozinski participated on Sunday at Yale Law School can be accessed here.
Posted at 11:22 PM by Howard Bashman



"Shackled immigrant Juana Villegas' case to be retried; Jury must decide whether authorities violated pregnant immigrant's rights": This article appears today in The Tennessean reporting on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued yesterday.
Posted at 10:30 PM by Howard Bashman


"DOJ Seeks Rehearing En Banc in Bahlul to Overturn Hamdan II": Steve Vladeck has this post at the "Lawfare" blog, which has uploaded the petition for rehearing en banc at this link.
Posted at 10:24 PM by Howard Bashman


"Court rejects East Peoria white supremacist Matt Hale's appeal": The Associated Press has this report on a ruling that Chief Judge Frank H. Easterbrook issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 09:54 PM by Howard Bashman


Access today's broadcast of BBC Radio's "Law in Action," titled "Inside the Supreme Court": You can access the audio via this link.

The BBC offers the following description of today's episode: "In a broadcasting first the programme comes from inside the United Kingdom Supreme Court where the country's most senior judge, the Court's president Lord Neuberger, answers questions put by Joshua Rozenberg and an audience of Law in Action listeners."
Posted at 08:57 PM by Howard Bashman



"Guantanamo guard shot 'non-lethal' round at detainees": Carol Rosenberg of The Miami Herald has this report.
Posted at 08:44 PM by Howard Bashman


"Reid Urges Senate GOP to Give D.C. Circuit Nominee a Confirmation Vote": Today at "The BLT: The Blog of Legal Times," Todd Ruger has a post that begins, "The Senate will vote Wednesday morning on Caitlin Halligan, the embattled nominee for the U.S. Court of Appeals for the D.C. Circuit, as part of a recent Democratic push to fill federal judicial vacancies."
Posted at 04:48 PM by Howard Bashman


"The Mother of DNA Databases: If we really cared about protecting the innocent, we'd collect samples from everyone -- not just the convicted." Law professor Eric Posner has this essay online at Slate.
Posted at 04:38 PM by Howard Bashman


"Insensitive Remarks Led to Young Scalia's Firing by Kinko's": Online at The New Yorker, Andy Borowitz has this post at his blog, "The Borowitz Report."
Posted at 04:15 PM by Howard Bashman


Programming note: This morning, I will be in court for oral argument before a three-judge panel of the U.S. Court of Appeals for the Third Circuit of an appeal on which I am working. Additional posts will appear here this afternoon.
Posted at 06:32 AM by Howard Bashman


"Justices to Take Up Case on Generic Drug Makers' Liability": This article appears today in The New York Times.
Posted at 06:28 AM by Howard Bashman


Monday, March 4, 2013

"From Wary To Full Embrace: Obama's Complete Turnaround On Gay Marriage." Sahil Kapur of TMP DC has this report.

Bloomberg News reports that "Wealthy Gay Couples Seen Paying More If Unions Legalized."

Online at Bloomberg View, law professor Cass R. Sunstein has an essay titled "Same-Sex Marriage and the Long Arc of History."

Online at Slate, Emily Bazelon has a jurisprudence essay titled "How the Supreme Court Should Rule on Gay Marriage: The justices don't need to make gay marriage legal everywhere; In fact, a more modest ruling could be much more powerful."

In today's edition of The Los Angeles Times, law professor Erwin Chemerinsky has an op-ed titled "A third possibility on Prop. 8: The Supreme Court could decide the opponents of gay marriage have no legal standing."

And Columbia Law School today issued a news release headlined "Professor Sarah H. Cleveland and Visiting Scholar Harold Hongju Koh File Brief in Marriage Case; Amicus Brief Argues U.S. Supreme Court Should Consider Example of Other Liberal Democracies, Which Have Determined Excluding Gay Couples From Marriage Violates Their Fundamental Rights." You can view the amicus brief at this link.
Posted at 10:48 PM by Howard Bashman



"Judge Declares Mistrial in Drug Case at Center of Landmark Supreme Court Ruling": Mike Scarcella has this post at "The BLT: The Blog of Legal Times."

At Wired.com's "Threat Level" blog, David Kravets has a post titled "Alleged Drug Dealer at Center of Supreme Court GPS Case Wins Mistrial."

In late January 2013, the North Carolina Journal of Law and Technology held a symposium about the case. You can view video from the symposium via this link.
Posted at 10:42 PM by Howard Bashman



"SCOTUSblog on camera: Nina Totenberg interview, Part 1." Today, "SCOTUSblog" has posted at this link part one of its interview with NPR's legal affairs correspondent, Nina Totenberg.
Posted at 10:16 PM by Howard Bashman


"EPA nomination sets stage for court struggles on climate change": Tom Curry, national affairs writer for NBC News, has this report.
Posted at 10:09 PM by Howard Bashman


"Fearing Deluge of Litigation, Supreme Court Works the Floodgates": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 09:46 PM by Howard Bashman


"Lawyers: Conditions deteriorating at Guantanamo prison." Carol Rosenberg of The Miami Herald has this report.
Posted at 09:44 PM by Howard Bashman


"Bumpy Start for a Court Cloaked in Grandeur: Sandra Day O'Connor's 'Out of Order'" In Tuesday's edition of The New York Times, Michiko Kakutani will have this review of retired Justice Sandra Day O'Connor's newest book, "Out of Order: Stories From the History of the Supreme Court."
Posted at 09:34 PM by Howard Bashman


"Noncuratlex.com Breaking News: SCOTUSblog Unveils Plan to 'Eliminate the "Middle Man,"' Start Issuing Own Opinions." Kyle Graham has this post at his blog, "Noncuratlex.com."
Posted at 09:00 PM by Howard Bashman


"Senate Democrats Again to Push for Vote on D.C. Circuit Nominee Halligan": Todd Ruger has this post at "The BLT: The Blog of Legal Times."
Posted at 08:57 PM by Howard Bashman


Programming note: This afternoon, I will be meeting with co-counsel in an appeal I am working on that will be argued tomorrow in the U.S. Court of Appeals for the Third Circuit. Additional posts will appear here tonight.
Posted at 01:22 PM by Howard Bashman


Ninth Circuit affirms entry of preliminary injunction against Arizona law that makes it unlawful for a motor vehicle occupant to hire or attempt to hire a person for work at another location from a stopped car that impedes traffic: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:18 PM by Howard Bashman


"[P]ublic services provided in response to an emergency are just that -- public services -- and therefore are not subject to reimbursement." So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit in a decision issued today.

The Court's opinion begins, "After the February 12, 2009 crash of Continental Connection Flight 3407 on approach to Buffalo-Niagara International Airport, plaintiff-appellant County of Erie, New York sued defendants-appellees Colgan Air, Inc., Pinnacle Airlines Corp., and Continental Airlines, Inc. to recover its expenditures in responding to, and cleaning up after, the accident."
Posted at 11:52 AM by Howard Bashman



In today's mail: I received a review copy of the book "Covering America's Courts: A Clash of Rights," by Toni Locy.

Some may remeber that Locy herself was in the news back in February 2008, as reflected in this earlier "How Appealing" post.
Posted at 11:38 AM by Howard Bashman



"Q&A: Ted Boutrous on Wal-Mart litigation and employment law." Reuters has posted online this interview conducted by Carlyn Kolker.
Posted at 10:28 AM by Howard Bashman


"Life Inside the Aaron Swartz Investigation: A reluctant witness's account of a Federal prosecution." Quinn Norton has this essay online at The Atlantic, which has also posted a related editor's note.

Earlier today, I had this post linking to an article about Aaron Swartz that appears in the March 11, 2013 issue of The New Yorker.
Posted at 10:20 AM by Howard Bashman



"Federal courts brace for sequestration cuts": Reuters has this report.
Posted at 10:14 AM 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 Ruth Bader Ginsburg delivered the opinion of the Court in Levin v. United States, No. 11-1351. All of the Justices other than Antonin Scalia joined the decision in full. Justice Scalia joined the decision nearly in full. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Court says Guam man can sue gov't over surgery."
Posted at 10:06 AM by Howard Bashman



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

In early news coverage, The Associated Press has a report headlined "Court: Can Ga. Officer be sued in Nevada?"

And Lawrence Hurley of Reuters reports that "Justices agree to hear dispute over gamblers' seized money."
Posted at 09:33 AM by Howard Bashman



"The Next Gun Control Battle: A Right To Carry Firearms in Public?" Adam Cohen has this essay online today at Time magazine's web site.
Posted at 08:25 AM by Howard Bashman


"Heavyweight: How Ruth Bader Ginsburg has moved the Supreme Court." Jeffrey Toobin has this profile (free access to preview only) in the March 11, 2013 issue of The New Yorker. Toobin speaks about his profile of Justice Ginsburg in an audio segment that can be accessed here.

In early news coverage, TPM Livewire reports that "Justice Ginsburg Says She Won't Step Down This Year: 'After That, Who Knows?'"
Posted at 08:23 AM by Howard Bashman



"Injured worker lawsuit at Ohio Supreme Court spotlights deliberate-intent-to-harm standard": This article appears today in The Cleveland Plain Dealer.
Posted at 08:17 AM by Howard Bashman


"Requiem for a dream: Aaron Swartz was brilliant and beloved; But the people who knew him best saw a darker side." Larissa MacFarquhar has this lengthy article in the March 11, 2013 issue of The New Yorker.
Posted at 08:15 AM by Howard Bashman


"State Supreme Court Justice Orie Melvin might 'want to fight until very end'": This article appears today in The Pittsburgh Tribune-Review.

And the web site of The Pittsburgh Post-Gazette has posted an article from The Legal Intelligencer headlined "Who might replace Joan Orie Melvin?"
Posted at 08:10 AM by Howard Bashman



"Referral fees given to wife of Pa. Supreme Court justice raises questions": Craig R. McCoy has this front page article today in The Philadelphia Inquirer.
Posted at 08:04 AM by Howard Bashman


Sunday, March 3, 2013

"Birmingham attorney appointed to Supreme Court of Palau, an island nation in Pacific Ocean": The Birmingham (Ala.) News has this report.
Posted at 08:54 PM by Howard Bashman


Female NFL kicking competitor is only two letters away from being a senior D.C. Circuit judge: Unfortunately, the latest news on Lauren Silberman, from USA Today, is that "Female kicker's historic bid ends with injury."
Posted at 08:26 PM by Howard Bashman


"Obama pushing to diversify federal judiciary amid GOP delays": This article will appear Monday in The Washington Post.

And The Houston Chronicle reports that "Vacancies, backlogs plague federal judiciary as partisan ties cause delays in filling emergency openings across the nation."
Posted at 08:04 PM by Howard Bashman



"Forum debates judicial selection process": Today's edition of The Quad-City Times of Davenport, Iowa contains an article that begins, "Two years after voters served the Iowa Supreme Court with a shocking blow, the judicial selection process continues to be debated, as witnessed at a forum Saturday with Iowa Supreme Court Justice Thomas Waterman."
Posted at 01:30 PM by Howard Bashman


"Battle for tycoon's assets threatens UK's title as divorce capital of the world; Landmark case in supreme court will decide whether spouses can protect assets by citing company law": The Guardian (UK) has this report.
Posted at 01:28 PM by Howard Bashman


"In the Spotlight: Retired but hardly at rest." In today's edition of the Sacramento Bee, Ginger Rutland has an article that begins, "Her hair is snowy white. She leans heavily on a cane and calls herself 'just an unemployed cowgirl.' But this self-deprecating ex-cowgirl is retired U.S. Supreme Court Justice Sandra Day O'Connor, the first woman to serve on the nation's highest court, and she remains passionate about the nation she served."
Posted at 01:24 PM by Howard Bashman


"Workzone: Top court to hear U.S. Steel case appeal." Today's edition of The Pittsburgh Post-Gazette contains an article that begins, "The nation's highest court has agreed to hear an appeal of a ruling involving workers at U.S. Steel's Gary Works in Indiana who want to be paid for the time it takes them to put on the protective clothing their jobs require."
Posted at 01:22 PM by Howard Bashman


"Kentucky Supreme Court to hear 'no win, no pay' criminal fee case; Lawyer faces ethics violations in fee dispute": The Louisville Courier-Journal has this report.
Posted at 11:54 AM by Howard Bashman


"David Viviano talks about his appointment to Michigan Supreme Court": The Macomb Daily has this report.

And MLive.com columnist Tim Skubick has an essay titled "David Viviano promises to be an interesting choice for Supreme Court."
Posted at 11:50 AM by Howard Bashman



"Under the U.S. Supreme Court: The lost fight for gun control." Michael Kirkland of UPI has this report.
Posted at 10:06 AM by Howard Bashman


Saturday, March 2, 2013

"The Voting Rights Act, stuck in the past": Columnist George F. Will has this essay in The Washington Post.
Posted at 11:50 PM by Howard Bashman


"Senator Ted Cruz Delivers Keynote Address at FedSoc's 2013 Annual Student Symposium": "FedSoc Blog" has this post.
Posted at 11:48 PM by Howard Bashman


"Supreme Court candidate Ed Fallone says he'd overturn donations rule": In yesterday's edition of The Milwaukee Journal Sentinel, Patrick Marley had an article that begins, "State Supreme Court candidate Ed Fallone said Thursday that if elected he would seek to reverse a court rule that says justices do not have to step aside in cases involving parties who gave them political donations."
Posted at 11:36 PM by Howard Bashman


"Appointment of the Honorable Robert E. Bacharach to the Tenth Circuit Court of Appeals": The U.S. Court of Appeals for the Tenth Circuit issued this news release yesterday.

Judge Bacharach is the older brother of Oklahoma Gazette editor-in-chief Phil Bacharach. That publication's "Chicken-Fried News" feature yesterday had an essay titled "Here comes the judge" that concludes: "Chicken-Fried News is certainly impressed with all the accolades about the judge -- who happens to be the older brother of this rag's editor-in-chief -- but we must take issue with [Senator] Coburn's assessment that 'you cannot find a blemish on this man in terms of his personal integrity.' Where's the integrity in overachieving just for the sake of making your younger brother look like a comparative slacker? Where's the integrity in having beat the crap out of that aforementioned brother? And would it kill him to pick up the tab once in a while?"
Posted at 11:30 PM by Howard Bashman



"The Injustice of Racial Entitlements: Justice Scalia explains how racism is now a thing of the past." In tomorrow's edition of The New York Times, "The Strip" by Brian McFadden will appear in the Sunday Review section.
Posted at 09:32 PM by Howard Bashman


"A Divide on Voting Rights in a Town Where Blood Spilled": This article appears today in The New York Times.

The Christian Science Monitor has an article headlined "Is Massachusetts more racist than Mississippi, as Chief Justice Roberts hints? In deciding whether to strike down a portion of the Voting Rights Act, the Supreme Court is focusing on whether the South has redeemed its racist history; Massachusetts, though, has a quibble with Chief Justice Roberts."

Online at Politico.com, Josh Gerstein has a post titled "Massachusetts official slams chief justice's comments on Voting Rights Act."

And today's broadcast of NPR's "Weekend Edition Saturday" contained an audio segment titled "Voting Rights Act Takes Harsh Criticism In Court" featuring Nina Totenberg.
Posted at 05:18 PM by Howard Bashman



"Distinguished judges and scholars honor Guido Calabresi at the Annual Survey dedication": New York University School of Law has posted online this news release providing access to a video of the event.
Posted at 05:12 PM by Howard Bashman


"DNA Samples and Privacy": Yesterday's broadcast of the public radio program "On the Media" contained this audio segment featuring Adam Liptak.
Posted at 05:10 PM by Howard Bashman


"Blackmun and Burger: Old friends, old enemies; A new play dramatizes the long and fraught friendship of two U.S. Supreme Court justices from St. Paul." In today's edition of The Minneapolis Star Tribune, Graydon Royce has this article about "Courting Harry," a new play by Lee Blessing.
Posted at 05:00 PM by Howard Bashman


Friday, March 1, 2013

"Gay marriage case offers Supreme Court many options": Michael Doyle of McClatchy Newspapers has this report.
Posted at 11:54 PM by Howard Bashman


"In Voting Rights Arguments, Chief Justice Misconstrued Census Data": Nina Totenberg has this blog post online today at NPR.
Posted at 11:49 PM by Howard Bashman


"Clash of the Biglaw Titans: Ted Olson and David Boies Meet in Second Circuit Showdown." David Lat has this post at "Above the Law."
Posted at 11:46 PM by Howard Bashman


"Sotomayor talks about life, career at National Constitution Center": This post appears at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:44 PM by Howard Bashman


"Inquiry widens into Swartz prosecution": Yesterday's edition of The Boston Globe contained an article that begins, "A congressional committee is broadening its investigation of the Boston-based prosecution of political activist Aaron Swartz, whose January suicide prompted questions about whether the Justice Department went too far in enforcing a 27-year-old law regulating computer use."

Yesterday's edition of The Boston Herald contained an article headlined "MIT gun hoax caller cited Aaron Swartz; Claimed staffer sought revenge for hacker suicide."

And The Guardian (UK) reports that "Aaron Swartz's partner accuses US of delaying investigation into prosecution; Taren Stinebrickner-Kauffman says she's been told an out-of-date manifesto was a key element in the case against him."
Posted at 06:22 PM by Howard Bashman



"Sports betting in N.J. on hold after loss in court": The Newark Star-Ledger has a report that begins, "In a major blow to the state's efforts to revive Atlantic City, a federal judge has blocked a law signed last year legalizing sports betting at New Jersey casinos and horse racing tracks. Lawmakers and Gov. Chris Christie promised to continue the fight on appeal."

And The Associated Press reports that "Christie says NJ will appeal sports betting ruling."

You can access yesterday's ruling of the U.S. District Court for the District of New Jersey at this link.
Posted at 06:10 PM by Howard Bashman



"A Conversation with Supreme Court Justice Sonia Sotomayor": The National Constitution Center in Philadelphia is hosting this event this evening. If you won't be there in person, you can view the event live, online starting at 7 p.m. eastern time via this link.
Posted at 05:28 PM by Howard Bashman


"Feds Say Man Deserved Arrest Because Jacket Said 'Occupy Everything'": Today at Wired.com's "Threat Level" blog, David Kravets has a post that begins, "A Florida man deserved to be arrested inside the Supreme Court building last year for wearing a jacket painted with 'Occupy Everything,' and is lucky he was only apprehended on unlawful entry charges, the Department of Justice says."
Posted at 05:22 PM by Howard Bashman


"Obama goes beyond own brief on gay marriage": Josh Gerstein of Politico.com has this report.
Posted at 05:18 PM by Howard Bashman


"DOJ Takes Swipes at D.C. Circuit's Recess Appointment Ruling": Mike Scarcella has this post at "The BLT: The Blog of Legal Times" reporting on a supplemental letter brief that the U.S. Department of Justice filed yesterday in the U.S. Court of Appeals for the Third Circuit.
Posted at 05:16 PM by Howard Bashman


"5 Questions for a law blogger: SCOTUSblog." Ernie Svenson has this post featuring Tom Goldstein at "Blogging in One Hour for Lawyers."
Posted at 05:06 PM by Howard Bashman


"Proposal to raise N.Y. judges' retirement age clears Assembly": Reuters has a report that begins, "The New York State Assembly on Thursday approved an amendment to the state constitution that would allow state judges to stay on the bench until they turn 80."
Posted at 04:45 PM by Howard Bashman


"Is poker a game of luck or skill? Va. high court declines to rule." The Associated Press has this report on a decision that the Supreme Court of Virginia issued yesterday.
Posted at 04:40 PM by Howard Bashman


"Rebuked by Sotomayor, Texas Prosecutor Defends Reasoning Behind 'Poorly' Posed Question": Tyler Bass has this post today at "Main Justice."
Posted at 02:18 PM by Howard Bashman


The U.S. Supreme Court has posted online the audio from this week's oral arguments: You can access the audio via this link.
Posted at 01:25 PM by Howard Bashman


"Obama says no way to avoid gay marriage case": Julie Pace and Mark Sherman of The Associated Press have this report.

Greg Stohr of Bloomberg News reports that "Obama Lawyers Back California Gay Marriage at High Court."

And Luke Johnson of The Huffington Post has a report headlined "Obama: 'We Cannot Discriminate Against Same-Sex Couples When It Comes To Marriage.'"
Posted at 01:04 PM by Howard Bashman



"Argentina Asked by Court to Provide Bond Payment Formula": Bloomberg News has a report that begins, "Argentina was asked by a U.S. appeals court to provide a suggested formula for paying the holders of defaulted bonds that are the subject of a $1.3 billion suit before the court."

And Nate Raymond of Reuters reports that "Court seeks precise payment plan from Argentina for bondholders."
Posted at 12:56 PM by Howard Bashman



"U.S. appeals court upholds protection for polar bear": Lawrence Hurley of Reuters has this report.on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 12:54 PM by Howard Bashman


"Appeals court upholds Mississippi damages cap for personal injury cases": Terry Baynes of Reuters has this report.

My earlier coverage of Wednesday's ruling of the U.S. Court of Appeals for the Fifth Circuit appears at this link.
Posted at 11:46 AM by Howard Bashman



Third Circuit judges to decide Second Circuit case: On occasion, all of the judges serving on a particular federal appellate court find it necessary to recuse from an appeal pending in their court. When this happens, federal appellate judges serving on a neighboring circuit will typically be assigned to sit by designation to resolve the appeal.

A reader has drawn to my attention that this will occur on Monday of next week at the U.S. Court of Appeals for the Second Circuit, when a three-judge panel consisting of judges serving on the U.S. Court of Appeals for the Third Circuit will hear oral argument in a case. One of the Third Circuit judges on the panel will not have too inconvenient of a commute, as his chambers are located in Newark, New Jersey. The other two Third Circuit judges, however, have their chambers in Western Pennsylvania, making their commute to lower Manhattan somewhat less convenient.
Posted at 09:52 AM by Howard Bashman



"Government Presses 8-State Solution for Gay Marriage and More": Marcia Coyle has this post today at "The BLT: The Blog of Legal Times."

And today at the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "A not-so-ambitious challenge to Proposition 8."
Posted at 09:45 AM by Howard Bashman



"Massachusetts official challenges Chief Justice Roberts' claim about voting; Galvin rebukes nation's top judge": This article appears today in The Boston Globe.
Posted at 09:38 AM by Howard Bashman


"Los Angeles asks Supreme Court to overturn ban on Skid Row seizures": Reuters has this report.
Posted at 09:34 AM by Howard Bashman


"Sentencing set May 7 for Orie Melvin, sister": This article appears today in The Pittsburgh Post-Gazette.
Posted at 09:12 AM by Howard Bashman


"Texas Judges Must Face Voters Without Heeding Politics": The Texas Tribune has an article that begins, "Suppose John Roberts had to stand for re-election as chief justice of the U.S. Supreme Court."
Posted at 08:02 AM by Howard Bashman






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