How Appealing

Friday, May 31, 2013

"We hold that there is no clearly established law holding that a student in a public secondary school has a privacy right under the Fourteenth Amendment that precludes school officials from discussing with a parent * * * matters relating to sexual activity of the student." So holds the majority on a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit in a ruling issued today.
Posted at 11:58 PM by Howard Bashman


"Court won't hear NC teeth-whitening challenge": The Associated Press has this report.

Triangle Business Journal reports that "N.C. dental board loses legal battle with teeth whiteners."

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

And in related coverage, last Sunday's edition of The New York Times contained an article headlined "A Clash Over Who Is Allowed to Give You a Brighter Smile."
Posted at 11:56 PM by Howard Bashman



"Minnesota Supreme Court creates 'loss of chance' doctrine in malpractice law": The Associated Press has this report on a ruling that the Supreme Court of Minnesota issued today.
Posted at 11:09 PM by Howard Bashman


"Supreme Court considers public meetings and prayer; Port Huron council starts with invocation": The Times Herald of Port Huron, Michigan has this report.
Posted at 11:05 PM by Howard Bashman


"Farmers: Supreme Court decision on Monsanto seed patent won't affect them." Today's edition of The Pittsburgh Tribune-Review contains an article that begins, "Many Western Pennsylvania farmers say a U.S. Supreme Court decision that protected an agricultural company's patent on its herbicide-resistant seeds is unlikely to affect them or their crops."
Posted at 11:04 PM by Howard Bashman


"Veteran justice's retirement is end of an era for state Supreme Court; Justice Paul Anderson retires today after two decades on the state's high court, where he took part in groundbreaking decisions": This article appears today in The Minneapolis Star Tribune.
Posted at 08:32 PM by Howard Bashman


"Future of voting rights at stake before Supreme Court": NBC News justice correspondent Pete Williams has this report.
Posted at 08:25 PM by Howard Bashman


"What SCOTUS Might Do In The Big Affirmative Action Case": Sahil Kapur of TPM DC has this report.
Posted at 06:00 PM by Howard Bashman


"Oprah Winfrey's 'Own Your Power' Trademark Win Overturned": Bloomberg News has this report.

Erin Geiger Smith of Reuters has a report headlined "Oprah must face lawsuit over 'Own Your Power' -- appeals court."

And at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Oprah Winfrey Must Once Again Defend 'Own Your Power' Lawsuit; An appeals court has revived a trademark claim against the media queen."

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

In his opinion concurring in the result, Senior Circuit Judge Robert D. Sack writes: "Allowing a person or entity's property right arbitrarily to trump the ability of the initiator of a communication effectively to transmit news, information, thoughts, and the like, using vernacular words and phrases that are recognizable because they are also used as trademarks, would be, in my view, legally unwarranted and 99 and 44/100 percent foolish."
Posted at 05:04 PM by Howard Bashman



"Court upholds convictions of New York airport bomb plotters": Nate Raymond of Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 04:51 PM by Howard Bashman


"5th Circuit: Employers can't fire women because they want to use breast pumps." At the "Tex Parte Blog" of Texas Lawyer, John Council has this post today reporting on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued yesterday.
Posted at 04:32 PM by Howard Bashman


"Alumni, Eisgruber '83 evaluate state of judicial confirmation process": The Daily Princetonian has this report.
Posted at 04:28 PM by Howard Bashman


"Prenda Law, the Porn Copyright Trolls: Unraveling a lucrative, multistate shakedown that ensnared thousands of men." Claire Suddath of Bloomberg Businessweek has this lengthy report.
Posted at 04:26 PM by Howard Bashman


"Stanford professor: State qui tam actions could be answer to Concepcion." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 03:18 PM by Howard Bashman


"Scalia on the Judiciary and Economic Liberty": Josh Blackman has this post today at his blog.
Posted at 01:02 PM by Howard Bashman


"Abortion Fight Is Unique To Georgia; ACLU's case against Georgia's 20-week ban is based on state privacy rights, unlike U.S. ruling against Arizona law": Kathleen Baydala Joyner of the Daily Report of Fulton County, Georgia has this article.
Posted at 01:00 PM by Howard Bashman


"How to judge the Supreme Court's upcoming equality rulings": David Gans and Doug Kendall have this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 12:51 PM by Howard Bashman


"U.S. appeals court revives British mogul's EMI lawsuit": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.

Update: In other coverage, The Associated Press reports that "NY court overturns Citigroup-EMI verdict."

And at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Citigroup's Handling of EMI Music Sale Ordered to New Trial; An appeals court vacates a 2010 jury verdict that let the financial giant off the hook for allegedly misrepresenting bidding during an auction."
Posted at 11:52 AM by Howard Bashman



"The Congress decided that challenges to [the Federal Election Campaign Act's] constitutionality belong in the en banc courts of appeals to the exclusion of all other tribunals." If you aren't aware that Congress has mandated that a certain type of constitutional challenge can only be heard and decided by federal appellate courts sitting en banc, then you might want to take a look at a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.

Update: In other coverage, at "The BLT: The Blog of Legal Times," Jenna Greene has a post titled "Campaign Donation Case to Get En Banc Review."
Posted at 11:37 AM by Howard Bashman



"Court upholds Obama border-state gun-sale reporting": Josh Gerstein of Politico.com has this blog post reporting on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.

Update: In other coverage, David Ingram of Reuters reports that "Court allows rule designed to find bulk rifle sales."

And The Associated Press reports that "Court backs border-state gun sale reporting rule."
Posted at 11:30 AM by Howard Bashman



"Court-packing in GOP dreams only": Columnist Ruth Marcus of The Washington Post has this op-ed.
Posted at 09:15 AM by Howard Bashman


"Illinois Lawmakers Race for Compromise on Guns": Today's edition of The New York Times contains this article.
Posted at 08:56 AM by Howard Bashman


"Universities Show Uneven Efforts in Enrolling Poor": This front page article appears today in The New York Times.

And online at Slate, Columbia University president Lee C. Bollinger has a jurisprudence essay titled "The Real Mismatch: The Supreme Court should not force universities to trade affirmative action for socioeconomic diversity; Schools can have both."
Posted at 08:50 AM by Howard Bashman



"Lancaster Co. Mennonite company in court over birth control mandate": Central Pennsylvania's FOX43 has this report on an appeal argued yesterday at the U.S. Court of Appeals for the Third Circuit. When the oral argument audio becomes available online, I will link to it.
Posted at 08:44 AM by Howard Bashman


"The high cost of snipe hunts": Senior U.S. District Judge Richard G. Kopf has this post at his blog, "Hercules and the Umpire."
Posted at 08:34 AM by Howard Bashman


"Retired Justice warns against 'politicians in robes'": Today's edition of The Chicago Tribune contains an article that begins, "Retired U.S. Supreme Court Justice Sandra Day O'Connor made a plea for preserving the impartiality and independence of the American judicial system in a lecture Thursday at Elmhurst College."

Additional information on yesterday's event can be accessed here.
Posted at 08:30 AM by Howard Bashman



"The Supreme Court Revisits a Religious Lemon; Town-board meetings traditionally started with a prayer; Then someone complained": Law professor David Skeel has this op-ed today in The Wall Street Journal.
Posted at 08:22 AM by Howard Bashman


"Gay rights cases could trail Obama in Africa": The Associated Press has this report.
Posted at 08:16 AM by Howard Bashman


Thursday, May 30, 2013

Adam Liptak of The New York Times, on the radio: Today's broadcast of "Here & Now" from WBUR, Boston's NPR station, contained an audio segment titled "4 Weeks And 5 Rulings That May Change The U.S."

And today's broadcast of WNYC's "The Brian Lehrer Show" contained an audio segment titled "Previewing Big Decisions at the Supreme Court."
Posted at 10:50 PM by Howard Bashman



"Theories Abound With Race-in-Admissions Ruling Still to Come": Mark Walsh has this post today at the "School Law" blog of Education Week.
Posted at 10:44 PM by Howard Bashman


"Holder Weighs Tighter Rules on Prosecutors in Leak Cases": Charlie Savage will have this article Friday in The New York Times.

The Washington Post reports that "Attorney General Holder says he'll protect journalists' rights."

And Michael Doyle of McClatchy Washington Bureau has an article headlined "Why Attorney General Eric Holder is in the hot seat."
Posted at 10:42 PM by Howard Bashman



"Telecom company joins recess appointments court battle": Tal Kopan of Politico.com has this report.
Posted at 10:35 PM by Howard Bashman


"Oyster Farm Fires Its Pro Bono Counsel": Vanessa Blum of The Recorder has an article that begins, "Since the U.S. Court of Appeals for the Ninth Circuit weighed the fate of Drakes Bay Oyster Co. and its controversial lease in Point Reyes National Seashore earlier this month, drama surrounding the family-owned oyster farm has shown no sign of ebbing."
Posted at 10:26 PM by Howard Bashman


"California's death penalty on hold again": Howard Mintz of The San Jose Mercury News has this update.

You can access today's ruling of the California Court of Appeal for the First Appellate District, Division Two, at this link.

Update: In other coverage, at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Executions on Hold Over Bungled Rulemaking."
Posted at 05:30 PM by Howard Bashman



"Columbus attorney wins U.S. Supreme Court victory that may open 'innocence' door in murder cases": This post appears today at "The Daily Briefing" blog of The Columbus Dispatch.
Posted at 04:46 PM by Howard Bashman


Access online the audio of Justice Antonin Scalia's recent remarks in Italy: When speaking to groups in the United States, Justice Scalia only rarely allows the audio of his remarks to be recorded and posted online. But in Italy, apparently all bets are off.

On Tuesday, Michelle Olsen at her fine Appellate Daily Twitter feed furnished a link to a web page that was then providing access to download the mp3 audio of Justice Scalia's remarks. Yesterday, however, Michelle noted that the link to the audio of Justice Scalia's remarks at that web page had disappeared. Nevertheless, the audio file itself remained available for download from the server for those who possessed the original download link.

Today, Michelle has not only posted the audio of Justice Scalia's remarks to SoundCloud, but she has also located online another place where the audio of Justice Scalia's remarks remains available for download (70.7 MB mp3 audio file).
Posted at 03:51 PM by Howard Bashman



"The G.O.P.'s Court-Shrinking Plan": David Firestone has this post today at the "Taking Note" blog of The New York Times.

And today's edition of The Portland (Me.) Press Herald contains an editorial titled "Sen. Collins, GOP colleagues trying to slow government; The D.C. Circuit court should be allowed to regain full strength without political maneuvering."
Posted at 03:38 PM by Howard Bashman



"Illinois Supreme Court declines review of SIUE student threat case": Jennifer Mann of The St. Louis Post-Dispatch has this news update.

And The Associated Press reports that "Ill. SupCo takes pass, ends student threat case."
Posted at 03:33 PM by Howard Bashman



"EPA asks high court to ignore entreaties to review E15 ruling": Jeremy P. Jacobs of Greenwire has this report.
Posted at 03:30 PM by Howard Bashman


"Justices Weigh Police Shooting Standards": Today at her "Trial Insider" blog, Pamela A. MacLean has a post that begins, "Just how much care police owe to citizens before the pull their weapons and open fire, proved to be a touchy topic for the California Supreme Court Wednesday."

The case is before California's highest court on certified question from the U.S. Court of Appeals for the Ninth Circuit.
Posted at 01:20 PM by Howard Bashman



"Letter regarding incorrect statement made during oral argument": The U.S. Court of Appeals for the Ninth Circuit has posted online this filing made Tuesday in the case captioned Drakes Bay Oyster Co. v. Salazar, No. 13-15227.
Posted at 01:12 PM by Howard Bashman


One could say this about many a Posner opinion: Concurring in an opinion of the U.S. Court of Appeals for the Seventh Circuit that Circuit Judge Richard A. Posner issued today, Senior Circuit Judge William J. Bauer writes, "I have to admit that this opinion had me in suspense until the last minute."

Judge Bauer also observes that "I'm not sure [the opinion of the court] provides a clear trail for [the] future," which is surely another thing that many have remarked about prior Judge Posner opinions. Nevertheless, they usually make for a very interesting read.
Posted at 11:54 AM by Howard Bashman



"Breaking Court News: President does job; Republicans set hair on fire." Nan Aron has this blog entry today at The Huffington Post.
Posted at 11:48 AM by Howard Bashman


"This Is Kennedy's Court -- the Rest of the Justices Just Sit on It: Two cautious 5-4 rulings on criminal procedure show just how much influence the Supreme Court's swing vote has in shaping jurisprudence." Andrew Cohen has this essay online at The Atlantic.
Posted at 11:43 AM by Howard Bashman


"Suit aims to kill law banning race, gender abortion": Howard Fischer has this article today in The Arizona Daily Star.
Posted at 11:05 AM by Howard Bashman


"Vote for nuclear option in Senate would be extremely close": Alexander Bolton of The Hill has this report.
Posted at 11:03 AM by Howard Bashman


"At age 22, a Harvard Law graduate": In today's edition of The Boston Globe, Akilah Johnson has this article reporting on "one of the youngest African-Americans ever to graduate from Harvard Law School."
Posted at 10:54 AM by Howard Bashman


"'Foreign Law' Apparently Not a Problem When It Comes to Corporations; So-called 'foreign law bans' are supposed to protect American law from overseas influences; So why exactly are corporations lobbying so hard for exemptions?" Andrew Cohen has this essay online today at The Atlantic.
Posted at 10:52 AM by Howard Bashman


"Some justices question requiring nurses to give shots in schools; California Supreme Court hears nurses' association argue state law requires licensed nurses to provide insulin and other injections; Foes say that is unnecessary": Maura Dolan has this article today in The Los Angeles Times.

In today's edition of The San Jose Mercury News, Howard Mintz has an article headlined "Insulin in California schools: State's high court appears likely to let unlicensed employees handle shots."

And Scott Graham of The Recorder reports that "Justices Poised to Allow School Workers to Handle Insulin Shots."

Update: In other coverage, at her "Trial Insider" blog, Pamela A. MacLean has a post titled "School Insulin Shots, Not Just by Nurses."
Posted at 10:44 AM by Howard Bashman



"Governor Retains Parole Veto Power": Pamela A. MacLean has this post at her "Trial Insider" blog reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 09:30 AM by Howard Bashman


"The Biggest Supreme Court Ruling You Haven't Heard Of": Law professor Cass R. Sunstein has this essay at Bloomberg View.
Posted at 09:25 AM by Howard Bashman


"The Supreme Court Takes the Case of Town of Greece v. Galloway, Which Raises the Questions Whether -- And If So, How -- a Town Board May Open Its Meetings With Prayer": Law professor Marci A. Hamilton has this essay at Justia.com's Verdict.
Posted at 09:23 AM by Howard Bashman


"California Gay Marriage Support Rises to Record in Poll": Bloomberg News has this report.
Posted at 09:20 AM by Howard Bashman


"Texas court limits lawyers in pet-related suits": Columnist George F. Will has this op-ed in The Washington Post.
Posted at 09:18 AM by Howard Bashman


Wednesday, May 29, 2013

"Appeals court: Scott's state employee drug testing plan, lower court ruling both too broad." The Associated Press has this report.

Reuters reports that "Appeals court allows drug tests for some Florida state workers."

And Bloomberg News has an article headlined "Florida Employee Drug Testing Must Be Reviewed: Court."

You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link,
Posted at 11:57 PM by Howard Bashman



"Appeals court rules Va. law barring out-of-state petition circulators unconstitutional": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 11:46 PM by Howard Bashman


"A Legacy Litigated: President Obama better get his judges appointed; Because his legacy will be decided in the courts." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 10:24 PM by Howard Bashman


"Court of Appeals hears N.Y. Starbucks tip case": Reuters has this report.
Posted at 10:20 PM by Howard Bashman


"Gitmo's Other Prisoner": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 09:04 PM by Howard Bashman


"ACLU sues Arizona over race and sex abortion ban": The Associated Press has this report.
Posted at 08:54 PM by Howard Bashman


"Arizona Supreme Court denies appeal review in Arias case": Michael Kiefer of The Arizona Republic has this news update.

And The Associated Press reports that "Arizona Supreme Court denies review in Arias case."
Posted at 08:52 PM by Howard Bashman



"Toobin Encourages HLS Grads To Be Imaginative": The Harvard Crimson has this news update.
Posted at 08:45 PM by Howard Bashman


"Uncertain Justice": Today at Time magazine's "Swampland" blog, Massimo Calabresi has a post that begins, "In June, America's collective mind turns to weddings, summer vacation, and . . . the mysteries of Anthony Kennedy's jurisprudence."
Posted at 03:24 PM by Howard Bashman


"Odds Are Kennedy Will Decide Affirmative Action Case. But What Will He Decide?" Daniel Fisher has this blog post today at Forbes.com.
Posted at 02:48 PM by Howard Bashman


"Omar Khadr segregated from other inmates after death threats in Canadian prison; Omar Khadr requests transfer to Edmonton prison after being threatened in Millhaven": The Toronto Star has this report.
Posted at 02:36 PM by Howard Bashman


Watch author and legal analyst Jeffrey Toobin speak live at Harvard Law School Class Day 2013: Toobin's remarks are scheduled to begin at 2:30 p.m. eastern time today. Once the program gets underway, you can access the live video via this link.
Posted at 02:18 PM by Howard Bashman


"Shorting the D.C. Circuit: Even if his three simultaneous judicial nominees are blocked, it's a win-win situation for the president that just might mean the beginning of the end for the filibuster." Scott Lemieux has this post today at the "Vox Pop" blog of The American Prospect.
Posted at 02:17 PM by Howard Bashman


"An Innocent Extension: The Supreme Court moves to protect the innocent, and Justice Scalia fumes." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 02:00 PM by Howard Bashman


"Visiting Jurists Program Offers Inside View of Being a Judge": The University of Chicago Law School issued this news release today.
Posted at 01:57 PM by Howard Bashman


"For powerful appeals court, Senate will struggle to fill vacancies": NBC News political reporter Tom Curry has this report, along with a report headlined "With suspense building, high court has more than marriage on the list of big decisions."
Posted at 01:26 PM by Howard Bashman


"Spirit Lake committee's last effort to save Fighting Sioux nickname fails": The Grand Forks Herald has a news update that begins, "In what may well be the final chapter in the long, contentious fight over UND's Fighting Sioux nickname, the 8th U.S. Circuit Court of Appeals today affirmed a lower court's judgment against the Spirit Lake Sioux Tribe in its effort to save the nickname."

You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 11:34 AM by Howard Bashman



"Kavanaugh is known for writing long, detailed concurrences to rulings of the D.C. Circuit, a habit that has pushed his name to the top of lists of potential U.S. Supreme Court nominees under any future Republican administration." So writes David Ingram of Reuters in an article headlined "U.S. appeals court judge says FCC ignored antitrust law."

This particular concurring opinion is also noteworthy for another reason.
Posted at 09:18 AM by Howard Bashman



"Making a sex tape a crime for troops, court rules": Army Times has an article that begins, "Making a sex tape is a crime under the Uniform Code of Military Justice, the military's highest court has ruled."

You can access last Thursday's ruling of the U.S. Court of Appeals for the Armed Forces at this link.
Posted at 09:15 AM by Howard Bashman



"Video: General William K. Suter Speaks at South Texas College of Law." Josh Blackman has this post today at his blog.

Update: Today at the "Tex Parte Blog" of Texas Lawyer, Brenda Sapino Jeffreys has a post titled "Gen. William K. Suter talks retirement, top orators, to group at South Texas College of Law."
Posted at 09:05 AM by Howard Bashman



"Senators Tussle Over Proposal To 'Unpack' Key D.C. Court": Carrie Johnson had this audio segment on today's broadcast of NPR's "Morning Edition."
Posted at 08:47 AM by Howard Bashman


"Supreme Court affirmative action decision: Don't be fooled by flawed theories; One of the most specious arguments the Supreme Court has heard in the Fisher v. University of Texas affirmative action case deals with 'mismatch theory'; It says affirmative action harms minorities because it puts them in universities where they are outmatched by their peers." Law professor Angela Onwuachi-Willig has this essay online at The Christian Science Monitor.
Posted at 08:40 AM by Howard Bashman


"Emotions run high after Colorado Supreme Court rules in school case": The Denver Post has this report.

My earlier coverage of yesterday's Colorado Supreme Court ruling appears at this link.

Although the decision was not formally issued until yesterday, a news report states that the decision was accidentally posted at the court's web site for a short time on Monday. In other coverage, The Denver Post reports that "Colorado court says landmark Lobato school ruling wasn't posted early."
Posted at 08:30 AM by Howard Bashman



"Supreme Court case could affect prayer at West Deptford, Elk meetings": Jason Laday of South Jersey Times has this report.
Posted at 08:26 AM by Howard Bashman


"Price-fixing case to test Supreme Court hostility to class actions": Andrew Longstreth of Reuters has this report.
Posted at 08:24 AM by Howard Bashman


"State Supreme Court chief justice no longer sending letters to new Eagle Scouts": Steve Bousquet has this article today in The Tampa Bay Times.
Posted at 08:20 AM by Howard Bashman


"Supreme Court rejects ban on funding Planned Parenthood; Indiana had tried to block Medicaid funding of clinics that perform abortions, but the Supreme Court lets lower courts prevent the measure from going into effect": David G. Savage has this article today in The Los Angeles Times.

And Mark Guarino of The Christian Science Monitor has an article headlined "Planned Parenthood victory: Supreme Court turns away abortion case; An Indiana measure, which a lower court had already blocked, would have prohibited Medicaid funding for health providers like Planned Parenthood; The US Supreme Court declined the abortion case Tuesday."
Posted at 08:14 AM by Howard Bashman



"Supreme court gives inmates more leeway to challenge convictions": Robert Barnes has this article today in The Washington Post.

And in today's edition of The Los Angeles Times, David G. Savage has an article headlined "Supreme Court lifts time limit on some 'actual innocence' appeals; In a 5-4 decision, the Supreme Court removes the one-year limit on federal appeals for prisoners who can make a 'convincing showing of actual innocence.'"
Posted at 08:10 AM by Howard Bashman



Tuesday, May 28, 2013

"The Abortion Issue Returns": Jeffrey Toobin has this blog post online today at The New Yorker.
Posted at 08:30 PM by Howard Bashman


"N.Y. Court of Appeals to consider warrantless GPS tracking": Reuters has this report.
Posted at 08:20 PM by Howard Bashman


"NY high court eyes who can tap Starbucks' tip jars": The Associated Press has this report.
Posted at 08:00 PM by Howard Bashman


"Obama to launch push to reshape D.C. Circuit with 3 simultaneous nominations": Juliet Eilperin of The Washington Post has this report.

Jennifer Bendery of The Huffington Post reports that "Republicans Charge Obama With Court-Packing For Trying To Fill Empty Seats."

And The Associated Press reports that "Partisan showdown looms over DC circuit nominees."
Posted at 07:56 PM by Howard Bashman



"GOP Senators To Supreme Court: Curtail The President's Recess Appointment Power." Sahil Kapur of TPM DC has this report.
Posted at 06:02 PM by Howard Bashman


"Alito's Son Clerking at D.C. Circuit": Tony Mauro of The National Law Journal has this report.
Posted at 05:52 PM by Howard Bashman


"Justices Make It Easier for Inmates to Challenge Convictions": Adam Liptak will have this article in Wednesday's edition of The New York Times.

And Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court widens opportunity for claims of ineffective counsel."
Posted at 05:10 PM by Howard Bashman



"White House Eyes Lawyers for D.C. Circuit Vacancies": Todd Ruger has this post at "The BLT: The Blog of Legal Times."
Posted at 04:44 PM by Howard Bashman


In the June 2013 issue of ABA Journal magazine: David L. Hudson Jr. will have an article headlined "Along with political speech, many companies also claim they have religious liberty rights."

And the new installment of Bryan A. Garner's "On Words" column is headlined "Language gives us ways to remain honest and tactful -- and to preserve client confidences."
Posted at 04:40 PM by Howard Bashman



"Appeals court hands EPA big victory on smelter curbs": Jeremy P. Jacobs of Greenwire has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 04:32 PM by Howard Bashman


"Ex-Michigan Supreme Court Justice Hathaway gets 1 year, 1 day in prison for bank fraud": The Detroit News has this update.

The Detroit Free Press has a news update headlined "Ex-Michigan Justice Diane Hathaway gets 1 year behind bars."

MLive Detroit reports that "Former Michigan Supreme Court Justice Diane Hathaway gets year in prison for bank fraud."

And The Associated Press reports that "Disgraced ex-Mich. judge gets prison for fraud."
Posted at 04:28 PM by Howard Bashman



"States' role in mass cases at issue": Lyle Denniston has this post at "SCOTUSblog."
Posted at 02:44 PM by Howard Bashman


"Therefore, under these circumstances, the FCC cannot tell Comcast how to exercise its editorial discretion about what networks to carry any more than the Government can * * * tell SCOTUSblog or How Appealing or The Volokh Conspiracy what legal briefs to feature." So writes D.C. Circuit Judge Brett M. Kavanaugh in his concurring opinion issued today in that court's ruling in Comcast Cable Communications v. FCC.

Ironically, an appellate court's mentioning of the "How Appealing" blog by name in a judicial opinion is, in essence, a guaranteed method for having the opinion highlighted here. Thus, by mentioning "How Appealing," it is as though a branch of the federal government is indeed dictating that the judicial opinion in question be featured here.

Nevertheless, today's D.C. Circuit ruling in the Comcast case unquestionably merited discussion here even before I learned that a concurring opinion mentioned this blog, as evidenced by the substantial post devoted to the case that existed before a kind reader drew the concurring opinion's mention of certain legal blogs to my attention.
Posted at 02:38 PM by Howard Bashman



"High court keeps courts open to innocence claims": The Associated Press has this report.
Posted at 01:40 PM by Howard Bashman


"Why the New White House Push for Judicial Nominees Won't Work: The confirmation system is so broken that it takes a year for qualified nominees to be approved; That's leaving dozens of courts woefully understaffed." Andrew Cohen has this essay online today at The Atlantic.

Today at the "Daily Intelligencer" blog of New York magazine, Jonathan Chait has a post titled "Obama to Senate: Obstruct This."

And today at Roll Call's "WGDB" blog, Niels Lesniewski has a post titled "Obama, Senate Democrats Teeing Up Judicial Wars."
Posted at 01:33 PM by Howard Bashman



"The Killed-at-16 Transparency Test: Obama Owes Us Answers About This Dead American; What is the White House hiding about the demise of a boy they say they didn't target but admit to blowing up?" Conor Friedersdorf has this essay online today at The Atlantic.
Posted at 12:00 PM by Howard Bashman


"Justices Reject Case on Indiana Law Withholding Money From Planned Parenthood": Adam Liptak of The New York Times has this news update.

Tim Evans of The Indianapolis Star has a news update headlined "Indiana Planned Parenthood declares victory after Supreme Court declines to hear funding case."

And Richard Wolf of USA Today has a news update headlined "Supreme Court declines to hear abortion case."
Posted at 11:56 AM by Howard Bashman



"U.S. appeals court sides with Comcast in Tennis Channel dispute": David Ingram of Reuters has this report.

And Broadcasting & Cable reports that "Court Rules Comcast Did Not Discriminate Against Tennis Channel; Finds insufficient evidence to support FCC decision."

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

Update: In other coverage, Tom Schoenberg of Bloomberg News reports that "Comcast Defeats FCC Order on Distributing Tennis Channel."

And at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Comcast Beats FCC at Appeals Court in Carriage Discrimination Dispute; A unanimous ruling holds that the FCC hadn't brought enough evidence when finding that Comcast had discriminated against the Tennis Channel."
Posted at 11:44 AM by Howard Bashman



"Court reverses Lobato, finds state school funding constitutional": The Denver Post has this news update.

You can access today's ruling of the Supreme Court of Colorado at this link.
Posted at 11:32 AM by Howard Bashman



Majority on divided en banc Sixth Circuit affirms imposition of federal death penalty for a murder that federal prosecutors asserted was committed 227 feet inside the boundaries of the Manistee National Forest in western Michigan: You can access today's ruling of the en banc U.S. Court of Appeals for the Sixth Circuit at this link.

In early news coverage, The Associated Press reports that "Appeals court affirms Gabrion death sentence."

And in previous coverage, The Grand Rapids Press and The Muskegon Chronicle have published articles headlined "Supreme Court asked to address Marvin Gabrion 1997 murder conviction"; "U.S. Appeals Court overturns death sentence for Marvin Gabrion, but conviction stands"; "Federal prosecutors ask court to re-hear decision to negate death penalty for Marvin Gabrion": and "Convicted murderer Gabrion back on death row pending new federal court hearing."

The Sixth Circuit's earlier three-judge panel rulings in the case can be accessed here and here.
Posted at 10:33 AM by Howard Bashman



"Bondholders spark U.S. legal drama over Argentine debt; A crucial ruling is expected on payment for group of holdouts that refused to settle with Argentina after it defaulted on nearly $100 billion in debt in 2002": This article appears today in The Los Angeles Times.
Posted at 10:28 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 Stephen G. Breyer delivered the opinion of the Court in Trevino v. Thaler, No. 11-10189. Chief Justice John G. Roberts, Jr. issued a dissenting opinion, in which Justice Samuel A. Alito, Jr. joined. And Justice Antonin Scalia issued a dissenting opinion, in which Justice Clarence Thomas joined. You can access the oral argument via this link.

2. And Justice Ruth Bader Ginsburg delivered the opinion of the Court in McQuiggin v. Perkins, No. 12-126. Justice Scalia issued a dissenting opinion, in which the Chief Justice and Justices Thomas joined in full, and in which Justice Alito joined in large measure. You can access the oral argument via this link.
Posted at 10:05 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 new cases.

In early news coverage, The Associated Press reports that "Court to see if Miss. lawsuit OK on global issue"; "Court won't hear challenge to copyright board"; and "Court stays out of Planned Parenthood funding case."

Lawrence Hurley of Reuters reports that "Justices agree to hear LCD displays price-fixing case" and "Justices decline to hear Planned Parenthood funding case."

And Greg Stohr of Bloomberg News reports that "Planned Parenthood Funding Cutoff Bid Rejected by Court"; "United Airlines Rejected by Top Court on Disabilities Law"; and "Court Appeal Over $16 Billion in Savings Bonds Rejected."
Posted at 09:34 AM by Howard Bashman



Monday, May 27, 2013

"Obama Plans 3 Nominations for Key Court": Michael D. Shear will have this article in Tuesday's edition of The New York Times.
Posted at 11:24 PM by Howard Bashman


"High court poised for a month of high-stakes rulings": Bill Mears of CNN.com has this report.
Posted at 07:32 PM by Howard Bashman


Access online the contents of the May 2013 issue of the Columbia Law Review: Via this link.
Posted at 05:44 PM by Howard Bashman


"Justices Agree to Agree, at Least for the Moment": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 05:36 PM by Howard Bashman


"New plea for detainees": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 05:33 PM by Howard Bashman


"Local woman achieves dream": Today's edition of The Brownsville (Tex.) Herald contains an article that begins, "Jane Webre won the legal lottery when the Brownsville native was given the chance to argue a case in front of the U.S. Supreme Court in January."
Posted at 09:36 AM by Howard Bashman


"High court case may affect prayer at government meetings": The Orlando Sentinel has this report.
Posted at 09:32 AM by Howard Bashman


"Supreme Court might dismiss Prop. 8 case on a technicality; Lawyers for opponents of the ban on same-sex marriage are quietly preparing California officials for that possibility; What happens after that is uncertain": Maura Dolan and David G. Savage have this front page article in today's edition of The Los Angeles Times.
Posted at 09:30 AM by Howard Bashman


"Will justices take note of new gay marriage laws?" Mark Sherman of The Associated Press has this report.
Posted at 09:22 AM by Howard Bashman


Sunday, May 26, 2013

"The Fight Over Recess Appointments": This editorial will appear in Monday's edition of The New York Times.
Posted at 11:06 PM by Howard Bashman


Access online the video of Tom Goldstein of "SCOTUSblog" on this evening's broadcast of C-SPAN's "Q&A": You can access the video at this link.
Posted at 10:28 PM by Howard Bashman


"President's Lawyer Finds Herself Center Stage for Once": This article will appear in Monday's edition of The New York Times.
Posted at 10:24 PM by Howard Bashman


"What matters now about marriage: Fighting gay marriage is wrong, and the battle does nothing to strengthen the institution overall." In today's edition of The Los Angeles Times, David Blankenhorn has an op-ed that begins, "Let's be honest: The gay marriage debate is nearly over, and nothing the Supreme Court does when it delivers its opinions on the federal Defense of Marriage Act and on the fate of California's Proposition 8 is likely to change that astonishing fact."
Posted at 10:22 PM by Howard Bashman


"Pharmacists May Appeal Medi-Cal Cuts": Pamela A. MacLean has this post today at her "Trial Insider" blog.
Posted at 09:55 PM by Howard Bashman


"U.S. military force feeding a third of Guantanamo hunger strikers": Carol Rosenberg of The Miami Herald has this report.
Posted at 09:54 PM by Howard Bashman


"The Cruz Missile: Sen. Ted Cruz isn't interested in making friends; Is that a smart way for a senator to conduct himself?" John Dickerson has this essay online at Slate.
Posted at 09:52 PM by Howard Bashman


"U.S. plan for a Plan B review": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 08:47 PM by Howard Bashman


Saturday, May 25, 2013

"Leak Inquiries Show How Wide A Net U.S. Cast": Ethan Bronner, Charlie Savage, and Scott Shane will have this front page article in Sunday's edition of The New York Times.
Posted at 10:24 PM by Howard Bashman


"A Louisiana Civilian in the Supreme Court: The Selective Service Cases Revisited." Law professor Charles J. Reid Jr. has posted this article online at SSRN (via "Legal Theory Blog").

The article's abstract begins, "Edward Douglass White, who served both as an Associate Justice and as Chief Justice of the United States during his long tenure on the Supreme Court (1894-1921) is notable for being the only civilly-trained Louisianan to serve on the Court."
Posted at 09:06 PM by Howard Bashman



"By the time new federal judge from Maine was confirmed, he 'had no practice left'": The Bangor Daily News contains this article today.
Posted at 09:03 PM by Howard Bashman


"Roberts returns home; Chief justice tells LaLumiere graduates tenacity key to success": This article appears today in The South Bend Tribune.

And The Associated Press reports that "Chief Justice Roberts tells graduates at N. Indiana boarding school diligence key to success."
Posted at 09:00 PM by Howard Bashman



"We Have the Most Conservative Supreme Court in Decades; Why Do Americans Think It's Liberal?" Michael B. Keegan had this blog entry yesterday at The Huffington Post.
Posted at 08:55 PM by Howard Bashman


"Obama's Gitmo Problem": Columnist Joe Nocera has this op-ed in today's edition of The New York Times.
Posted at 08:36 PM by Howard Bashman


"Manufacturers Hope SCOTUS Takes Up The Case Of The Smelly Washer": Daniel Fisher has this blog post online today at Forbes.com.
Posted at 08:34 PM by Howard Bashman


"Kids-for-cash judge's prison term stands": This article appears today in The Citizens' Voice of Wilkes-Barre, Pennsylvania.

And The Times Leader of Wilkes-Barre reports today that "Ciavarella's sentence is upheld; Appeals court only vacates a count of honest services mail fraud, which knocks off $100 fine."

My earlier coverage of yesterday's Third Circuit ruling appears at this link.
Posted at 08:24 PM by Howard Bashman



"Court gives wounded soldier a break on computer search": Michael Doyle of McClatchy's Washington Bureau has this post today at his blog, "Suits & Sentences."

You can access Thursday's ruling of the U.S. Court of Appeals for the Armed Forces at this link.
Posted at 05:17 PM by Howard Bashman



"Alton T. Lemon, Who Challenged State Aid to Religious Schools, Dies at 84": Adam Liptak is the author of this obituary, which appears online at The New York Times.
Posted at 05:09 PM by Howard Bashman


Friday, May 24, 2013

"The Supreme Court Must Stop The Trial Lawyers' War On Innovation": Theodore H. Frank has this essay at Forbes.com.
Posted at 08:56 PM by Howard Bashman


"Diabetes in California schools: State's high court to hear legal battle over insulin shots." Howard Mintz of The San Jose Mercury News has this update.
Posted at 08:36 PM by Howard Bashman


"In Fourth Circuit, a Spotlight on Warrantless GPS Tracking": Mike Scarcella has this post today at "The BLT: The Blog of Legal Times."
Posted at 04:00 PM by Howard Bashman


"U.S. Chief Justice returns to LaPorte school for commencement address": The Post-Tribune of Gary, Indiana has this news update.

The Times of Northwest Indiana has a news update headlined "Chief Justice Roberts encourages grads at LaPorte County alma mater."

And The Associated Press reports that "Chief Justice Roberts tells graduates at his N. Indiana alma mater that persistence is key."
Posted at 03:55 PM by Howard Bashman



"Judges may 'cut and paste' when writing their judgments: Supreme Court." Kirk Makin of The Toronto Globe and Mail has a news update that begins, "Judges can incorporate material they didn't write into their judgments provided they apply themselves diligently to the issues in the case, the Supreme Court of Canada ruled this morning."

The Vancouver Sun has a news update headlined "Supreme Court OK with B.C. judge who copied one side's submissions in ruling."

Canadian Press reports that "Supreme Court of Canada OK with judge who copied ruling from plaintiff's written submissions."

And CBC News reports that "Top court reinstates $4M award in plagiarizing-judge suit; B.C. judge hearing medical lawsuit copied parts of ruling from plaintiff submission."

You can acces today's ruling of the Supreme Court of Canada at this link.
Posted at 03:51 PM by Howard Bashman



"The 6th Circuit splits with 2nd and 9th, lowers bar for securities claims": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 03:42 PM by Howard Bashman


"Scalia vs. Roberts: The conservative justices faced off over Obamacare -- now they're dueling again." Tom Donnelly and Doug Kendall have this jurisprudence essay online at Slate.
Posted at 03:33 PM by Howard Bashman


"Argument Audio: The Four Holdout Circuits." Michelle Olsen has this post today at her blog, "Appellate Daily."
Posted at 02:33 PM by Howard Bashman


"Appeals court upholds Ciavarella's 28-year sentence": The Citizens' Voice of Wilkes-Barre, Pennsylvania has a news update that begins, "A federal appeals court Friday upheld the conviction and 28-year prison sentence for disgraced former Luzerne County Judge Mark A. Ciavarella Jr."

You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 01:25 PM by Howard Bashman



"Court hears 'sensitive jobs' fight": Josh Gerstein of Politico.com has this blog post reporting on a case reargued en banc today at the U.S. Court of Appeals for the Federal Circuit.

You can access the oral argument audio via this link (14.3 MB mp3 audio file). And you can access the original three-judge panel's ruling in the case at this link.
Posted at 01:10 PM by Howard Bashman



"Appeals court hears arguments in Wilmington public housing gun case": Sean O'Sullivan of The News Journal of Wilmington, Delaware has a report that begins, "Having lost a federal court battle over restricting guns in Wilmington's public housing, plaintiffs backed by the National Rifle Association asked an appeals court [yesterday] morning to send the matter back to Delaware courts."

You can access at this link (18.2 MB Windows Media audio file) the audio of yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Third Circuit.
Posted at 12:16 PM by Howard Bashman



"Supreme Court's Ruling in Arlington v. FCC Highlights Debate Over the Meaning and Future of Chevron Deference Doctrine in Administrative Law": Law professor Vikram David Amar has this essay today at Justia.com's Verdict.
Posted at 09:10 AM by Howard Bashman


"Obama wades back into debates over drones, Guantanamo Bay": Josh Gerstein and Jennifer Epstein of Politico.com have this report.
Posted at 09:04 AM by Howard Bashman


Thursday, May 23, 2013

"Court hears Hobby Lobby's challenge to part of health-care law": The Denver Post has this news update.

The Oklahoman has a news update headlined "Hobby Lobby argues case before federal judges; Attorneys for the Oklahoma City retailer restate its claim that the religious beliefs of the firm's owners are violated by a federal requirement that the company provide insurance coverage for emergency contraceptives."

And The Associated Press reports that "Hobby Lobby tests birth-control coverage mandate."
Posted at 08:36 PM by Howard Bashman



"Senate Confirms a Judge, but Rancor Remains": This article will appear in Friday's edition of The New York Times.

The Washington Post reports that "Sri Srinivasan confirmed to serve on influential U.S. appeals court for D.C. Circuit."

The Washington Times reports that "Senate confirms first Obama nominee for appeals court in D.C."

And David G. Savage of The Los Angeles Times reports that "Senate confirms Obama's first D.C. Circuit Court nominee."
Posted at 08:24 PM by Howard Bashman



"Broad limit on appointments urged": Lyle Denniston has this post at "SCOTUSblog."
Posted at 05:40 PM by Howard Bashman


"Justice Sotomayor Takes Swing At Famed Baseball Case": Nina Totenberg of NPR has this report.
Posted at 05:37 PM by Howard Bashman


"Court split over shouting at procession for slain Berks deputy": Mark Scolforo of The Associated Press has a report that begins, "A divided Pennsylvania appeals court is upholding some charges, but not disorderly conduct, against a woman convicted after shouting a vulgar expression about police amid a procession of vehicles escorting the body of slain Berks County deputy Kyle Pagerly."

Today's ruling of the Superior Court of Pennsylvania consists of a majority opinion and an opinion concurring in part and dissenting in part.
Posted at 05:10 PM by Howard Bashman



"Julius Genachowski: The Exit Interview; The outgoing FCC boss on net neutrality, political polarization, and free speech." Law professor Jeffrey Rosen has this interview with my former Columbia Spectator colleague Julius Genachowski online today at The New Republic.
Posted at 04:35 PM by Howard Bashman


"EPA gets surprise boost from ruling on cell towers": Jeremy P. Jacobs of Greenwire has this report.
Posted at 04:23 PM by Howard Bashman


"Ten Potential Democratic Supreme Court Nominees Who Aren't Named 'Sri Srinivasan'": Ian Millhiser has this post this afternoon at "ThinkProgress."
Posted at 03:04 PM by Howard Bashman


The U.S. Senate has just voted to confirm Sri Srinivasan to serve on the U.S. Court of Appeals for the D.C. Circuit by a vote of 97-to-0: You can access the official roll call vote tally at this link.

In early news coverage, Sahil Kapur of TPM DC reports that "Senate Confirms Srinivasan To Powerful D.C. Circuit Court."

The Associated Press reports that "Senate confirms Obama nominee to key appeals court."

And Richard Wolf of USA Today has a news update headlined "Sri Srinivasan: Supreme Court justice in the making? The India native and Justice Department litigator, confirmed to the nation's second-highest court, puts hard work above ideology, but not above his beloved Kansas Jayhawks."

Update: In other coverage, Lawrence Hurley of Reuters reports that "Senate approves Obama nominee to key appeals court."

And Michael Doyle of McClatchy Washington Bureau reports that "Rising judicial star Sri Srinivasan is playmaker with all the right legal moves."
Posted at 02:22 PM by Howard Bashman



"Sri Srinivasan to get confirmation vote Thursday afternoon": At the "Post Politics" blog of The Washington Post, Juliet Eilperin has an entry that begins, "Sri Srinivasan -- the principal deputy solicitor general President Obama has nominated to sit on the U.S. Court of Appeals for the District of Columbia Circuit, will get a vote on the Senate floor at 2 p.m. under a bipartisan agreement."
Posted at 01:08 PM by Howard Bashman


"AZ House debate: Did lawmaker deliver a nonprayer?" Howard Fischer has this article today in The Arizona Daily Star.

Yesterday's edition of The Arizona Republic contained an article headlined "Arizona lawmaker: I'm an atheist."

And The Associated Press reports that "Arizona House non-prayer sparks Christian re-do; Republican lawmaker asks for 'repentance' after atheist's prayer."
Posted at 11:38 AM by Howard Bashman



"Swinger blocked from operating sex club gets another day in court": Yesterday's edition of The Las Vegas Sun contained this article reporting on an unpublished ruling that the U.S. Court of Appeals for the Ninth Circuit issued Tuesday.
Posted at 10:42 AM by Howard Bashman


"Mandating birth-control benefits unlawful, appeals court told": Today's edition of The Chicago Tribune contains an article that begins, "Lawyers for two Roman Catholic-owned companies in Illinois and Indiana argued before the Seventh Circuit Court of Appeals Wednesday that a law forcing them to include birth control in their employees' benefits would violate their First Amendment rights."

You can access at this link (6.63 MB mp3 audio file) and at this link (6.11 MB mp3 audio file) the audio of yesterday's two related oral arguments before a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.

Update: In other coverage, Robert Barnes of The Washington Post reports that "Some business owners resist providing employees with contraceptive coverage."
Posted at 10:33 AM by Howard Bashman



"2013 Hooding Address -- Prof Tom Goldstein": Earlier this month, Tom Goldstein of "SCOTUSblog" gave this very entertaining talk to the newest graduates of the University of New Mexico School of Law.
Posted at 10:28 AM by Howard Bashman


"Hobby Lobby takes birth control battle to appellate court Thursday; Federal appellate judges will hear arguments Thursday in Hobby Lobby's case against a federal health care mandate that company owners claim conflicts with their Christian beliefs": This article appears today in The Oklahoman.

Terry Baynes of Reuters has a report headlined "Case to Watch: 10th Circuit takes up challenge to contraceptive mandate."

And The Associated Press reports that "Birth control coverage up for federal appeal."
Posted at 10:22 AM by Howard Bashman



"Interrogatories: Candid Q&A with Marcia Oddi." Thanks to Marcia Odd, author of "The Indiana Law Blog," for mentioning "How Appealing" in an interview about her excellent blog posted online today at the blog of the Indianapolis Bar Association.
Posted at 09:55 AM by Howard Bashman


"McConnell Rejects Reid's Nuclear Option Threats": Sahil Kapur of TPM DC has this report.
Posted at 09:51 AM by Howard Bashman


Wednesday, May 22, 2013

"Scuttling a President's 'Popular Imprint' on the Judiciary": Russell Wheeler has this post today at "ACSBlog."

And in somewhat related commentary, today at the "Daily Intelligencer" blog of New York magazine, Jonathan Chait has a post titled "The Climate-Change Wars Begin This Summer."
Posted at 07:52 PM by Howard Bashman



"Publicity Rights Aren't Property Rights: Appellate Court Gets It Very Wrong in Hart v. EA." Corynne McSherry has this post today at the Electronic Frontier Foundation's "Deeplinks" blog.
Posted at 07:44 PM by Howard Bashman


"Why Urban Dictionary Comes In Handy On The Witness Stand": This audio segment appeared on today's broadcast of NPR's "Talk of the Nation."
Posted at 07:33 PM by Howard Bashman


"Judge: Acknowledgement of Al-Awlaki strike could affect lawsuit." Josh Gerstein of Politico.com has this blog post this evening.

And online at The Atlantic, Conor Friedersdorf has an essay titled "The Audacity of Eric Holder's Letter Admitting Team Obama Killed 4 Americans: Its long overdue admissions are paired with praise for the president's supposed commitment to transparency."
Posted at 07:18 PM by Howard Bashman



"Obama to Restart Transfers From Guantanamo": The Wall Street Journal has this news update.

You can freely access the full text of the article via Google News.
Posted at 05:44 PM by Howard Bashman



"Audio recordings of oral arguments before the U.S. Court of Appeals for the D.C. Circuit will become available online free of charge beginning September 9, 2013, the start of the Court's 2013-2014 Term." So begins a news release that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 05:42 PM by Howard Bashman


"Appeals court allows capital retrial of Wolfe": The Associated Press has this report on the ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 04:52 PM by Howard Bashman


"In a First, U.S. Admits Drones Have Killed 4 Americans": Charlie Savage of The New York Times has this news update.
Posted at 04:38 PM by Howard Bashman


"Watch Chief Justice John Roberts' Speech": WGRZ Channel 2, the NBC affiliate in Buffalo, New York, has posted online at this link video of the Chief Justice's recent remarks at the Robert H. Jackson Center.
Posted at 03:20 PM by Howard Bashman


D.C. Circuit announces that audio of its oral arguments will soon be freely available online: Details can be accessed here. An official announcement is expected to issue later today.

My related post from last night appears at this link.
Posted at 03:06 PM by Howard Bashman



"Is long-running pollution 'an event'? 3rd Circuit says yes in CAFA case." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report about a ruling that the U.S. Court of Appeals for the Third Circuit issued last Friday.
Posted at 03:02 PM by Howard Bashman


"Officer Serrano's Hidden Camera -- The stop-and-frisk trials of Pedro Serrano: NYPD rat, NYPD hero." Jennifer Gonnerman has this lengthy article in the May 27, 2013 issue of New York magazine.
Posted at 02:38 PM by Howard Bashman


"A Prolonged Stay: The Reasons Behind the Slow Pace of Executions." Raymond Bonner has this report online today at ProPublica.
Posted at 02:31 PM by Howard Bashman


"Creating the Courts Americans Want: The public is dissatisfied with our courts; What the judicial system needs is a culture of performance-based innovation." Babak Armajani and Judge Kevin S. Burke of the Hennepin County (Minn.) District Court have this essay online today at the web site of Governing magazine.
Posted at 11:08 AM by Howard Bashman


"Courts to hear birth control mandate lawsuits": Politico.com has a report that begins, "Obamacare's birth control mandate will go before four different appeals courts over the next three weeks as private businesses that object to the policy on religious liberty grounds bring a barrage of lawsuits that opponents hope to get before the U.S. Supreme Court as soon as this fall."
Posted at 09:04 AM by Howard Bashman


"Supreme Court Notebook: Sotomayor at Yale." Mark Sherman of The Associated Press has this report.
Posted at 09:00 AM by Howard Bashman


"Prop C Wins: LA Voters Send Strong Message Against Supreme Court's Citizens United Ruling." The Huffington Post has this report.
Posted at 08:59 AM by Howard Bashman


"Judge Rubenstein fights state Supreme Court's takeover of mandatory retirement suit": This article appears today in The Bucks County (Pa.) Courier Times.
Posted at 08:57 AM by Howard Bashman


"Lawyers look to Alabama Supreme Court on juvenile killer sentences after legislature fails to act": The Birmingham News has this report.
Posted at 08:55 AM by Howard Bashman


"Christie calls Justice Albin a 'grandstander,' chastises state Supreme Court": The Newark (N.J.) Star-Ledger has this report.
Posted at 08:54 AM by Howard Bashman


"Activists seek to keep PA chief justice Castille from another 10-year term; They lay out their case for ousting chief justice in the November election; He defends his record": This article appeared yesterday in The Morning Call of Allentown, Pennsylvania.

The Associated Press reports that "Activist group launches campaign to derail state Supreme Court chief justice's retention effort."

And at Philly.com, columnist John Baer has an essay titled "Grassroots group wants Castille gone."

The report that the organization Rock the Capital has issued can be accessed at this link.
Posted at 08:52 AM by Howard Bashman



"Legal fraternity 'shattered' by sudden death of senior judge": The New Zealand Herald has this report from APNZ.
Posted at 08:42 AM by Howard Bashman


"9th Circuit strikes down Arizona abortion law": Today's edition of The Arizona Republic contains this front page article.

In today's edition of The San Francisco Chronicle, Bob Egelko reports that "Court rejects Arizona abortion law."

And today's edition of The New York Times reports that "Arizona Law on Abortions Struck Down as Restrictive."

My earlier coverage of yesterday's Ninth Circuit ruling can be accessed here and here.
Posted at 08:35 AM by Howard Bashman



"Lesbian couple in Allen says morality clause in divorce equals discrimination": Yesterday's edition of The Dallas Morning News contained an article that begins, "A lesbian couple in Allen say they are targets of discrimination after a Collin County judge ruled they could no longer live together because of a morality clause in the 2011 divorce papers one of the women signed."
Posted at 08:25 AM by Howard Bashman


Tuesday, May 21, 2013

"Letter to D.C. Circuit Re: Audio Access Policy." Michelle Olsen has this post today at her "Appellate Daily" blog.

As noted here, the D.C. Circuit has previously been receptive to suggestions for online improvements received from appellate law bloggers.
Posted at 08:36 PM by Howard Bashman



"Cloture filed on Srinivasan (DC Circuit Court)": This post has appeared this evening at the blog of the United States Senate Democrats.
Posted at 07:58 PM by Howard Bashman


"Court Clears the Way for College Star's Lawsuit": Joe Palazzolo has this post (free access) at WSJ.com's "Law Blog" reporting on the ruling a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today in an appeal involving a college football video game.

Update: In other coverage, Jonathan Stempel of Reuters reports that "Court revives lawsuit vs Electronic Arts over video game image."

And at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Appeals Court Revives Ex-QB's Lawsuit Over 'NCAA Football' Game; In an important appeal that divided Hollywood, the Third Circuit sides with the likeness rights of celebrities over protections afforded by the First Amendment. (SAG 1, MPAA 0)."
Posted at 04:35 PM by Howard Bashman



"U.S. court studies wiretaps in ex-Goldman director's insider case": Nate Raymond of Reuters has this report.

At the "DealBook" blog of The New York Times, Peter Lattman has a post titled "Court Hears Appeal of Ex-Director of Goldman."

And Bloomberg News reports that "Gupta Challenges U.S. Use of Wiretaps in Insider Appeal."
Posted at 03:30 PM by Howard Bashman



"UBS, powerful amici urge 2nd Circuit not to meddle with Morrison": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 03:28 PM by Howard Bashman


"Supreme Court won't take up Alaskan tribe's suit against Exxon Mobil": Jeremy P. Jacobs of Greenwire has this report.
Posted at 03:18 PM by Howard Bashman


"Sale Has to Mean Sale": At her "Trial Insider" blog, Pamela A. MacLean has a post that begins, "Bargain-hunting consumers scored a big victory Tuesday. A company that overstates original prices to falsely claim a 'sale' discount may be sued by consumers for false advertising, the 9th U.S. Circuit Court of Appeals ruled."

Circuit Judge Stephen Reinhardt wrote today's ruling of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 02:38 PM by Howard Bashman



"Appeals court: Arizona abortion restriction unconstitutional." Howard Fischer of The Arizona Daily Star has this news update.

Bloomberg News reports that "Arizona Law Criminalizing Abortion After 20 Weeks Blocked."

The Associated Press reports that "Court strikes down Arizona 20-week abortion ban."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Arizona Abortion Ban Unconstitutional."
Posted at 02:24 PM by Howard Bashman



"It is beyond the ken of courts to measure the rationality of religious beliefs -- what will happen to us after we pass through the dark curtain of death is the ultimate non-justiciable question." Circuit Judge Ed Carnes is the author of a very interesting ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today.

The opinion begins, "The Supreme Court has decided that a convicted murderer cannot be executed unless he has a rational understanding of the fact that he is going to be put to death and of the reason for his execution."

Update: In other coverage, David Ovalle of The Miami Herald has a news update headlined "Federal court rejects appeal by Miami mass killer John Ferguson."
Posted at 01:20 PM by Howard Bashman



"Our question is whether the Constitution permits the Arizona legislature to prohibit abortion beginning at twenty weeks gestation, before the fetus is viable. We hold that it does not." So begins an opinion that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 01:05 PM by Howard Bashman


"WATCH the YLS commencement ceremonies, w/ remarks from Justice Sotomayor '79": Yale Law School has posted the video online at this link.
Posted at 12:16 PM by Howard Bashman


"Prenda lawyer gets kicked off 9th Circuit case; Paul Hansmeier's motion to delay an $81,000 sanctions order was also denied": Joe Mullin of Ars Technica has this report.
Posted at 12:13 PM by Howard Bashman


"Gupta Challenges U.S. Use of Wiretaps in Insider Appeal": Bloomberg News has this preview of an oral argument occurring today at the U.S. Court of Appeals for the Second Circuit.
Posted at 12:04 PM by Howard Bashman


"Judge 'Buzz' Arnold, polymath, legal historian and former federal district judge": Senior U.S. District Judge Richard G. Kopf has this post today at his blog, "Hercules and the Umpire."
Posted at 11:52 AM by Howard Bashman


Law geek nirvana -- Spend Memorial Day weekend watching Tom Goldstein of "SCOTUSblog" on C-SPAN's "Q&A": Details here. In addition to viewing the interview at 8 p.m. and 11 p.m. eastern time Sunday, true "SCOTUSblog" devotees can tune in at 6 a.m. eastern time on Monday, May 27th for another replay.

According to C-SPAN's email yesterday alerting me to the broadcast, the interview was taped on May 2, 2013.
Posted at 11:42 AM by Howard Bashman



"Appeals court won't release Osama Bin Laden photos": Josh Gerstein of Politico.com has this blog post.

The Associated Press has a report headlined "Court: US can keep bin Laden photos under wraps."

Bloomberg News reports that "Bin Laden Corpse Photos Can Be Kept Secret, Court Rules."

David Ingram of Reuters reports that "Court rules bin Laden death photos can stay secret."

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "D.C. Circuit: Bin Laden Death Images Can Remain Secret."

You can access today's per curiam opinion of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 11:36 AM by Howard Bashman



"Bin Laden's Son-in-Law Seeks a New Lawyer, but There's a Snag": This article appears today in The New York Times.
Posted at 09:40 AM by Howard Bashman


"Reid Mulls Nuclear-Style Filibuster Reform For Nominations": Sahil Kapur of TPM DC has this report today.
Posted at 09:38 AM by Howard Bashman


"2 SCOTUS Judges in 1971: Espionage Act Doesn't Apply to the Press; Justices Hugo Black and William O. Douglas specifically addressed a section of the law at issue today." Conor Friedersdorf has this essay online today at The Atlantic.
Posted at 09:36 AM by Howard Bashman


"Hathaway lawyer pleads case to keep her out of prison; feds want her to serve 12-18 months": Today's edition of The Detroit News contains an article that begins, "Former Michigan Supreme Court Justice Diane Hathaway shouldn't spend a day in federal prison, her lawyer said Monday, despite admitting she orchestrated an elaborate two-year scheme to defraud her bank of $600,000 owed on a Grosse Pointe Park home."
Posted at 09:06 AM by Howard Bashman


"Budget ax falls, and ball is in his court": In yesterday's edition of The Omaha World-Herald, columnist Erin Grace had this essay reporting on Senior U.S. District Judge Richard G. Kopf's blog, "Hercules and the Umpire."
Posted at 08:57 AM by Howard Bashman


"A Ruling Could Support F.C.C.'s Net Neutrality Defense": Today's edition of The New York Times contains an article that begins, "The Federal Communications Commission's attempt to defend its net neutrality rules against a court challenge got major support on Monday from the Supreme Court, which ruled in a separate case that regulatory agencies should usually be granted deference in interpreting their own jurisdictions."
Posted at 08:52 AM by Howard Bashman


"Which Supreme Court Justice Are You? A Noncuratlex.com Personality Quiz." Law professor Kyle Graham has this post today at his blog.
Posted at 08:26 AM by Howard Bashman


"Constitution Check: When can prayers and government activity coexist?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:24 AM by Howard Bashman


"Appeals court orders re-examination of Glendale casino ruling": Today's edition of The Arizona Republic contains this article reporting on the revised ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 08:20 AM by Howard Bashman


"Supreme Court to address who had burden to prove patent infringement": Erin Geiger Smith of Reuters has this report.
Posted at 08:14 AM by Howard Bashman


"For the Word on the Street, Courts Call Up an Online Witness": This article appears today in The New York Times.
Posted at 08:12 AM by Howard Bashman


Monday, May 20, 2013

Access online the contents of the May 2013 issue of The Yale Law Journal: Via this link.
Posted at 10:22 PM by Howard Bashman


"Yale Awards 3,084 Degrees, Along With Honorary Degrees for Sotomayor, Levin; Retiring Levin Gets Lengthy Standing Ovation At His Last Yale Commencement": The Hartford Courant has this news update.

And in other coverage, The Yale Daily News reports that "University confers 3,084 degrees at 312th Commencement."
Posted at 10:12 PM by Howard Bashman



"California robbery case leads Supreme Court to reconsider police search laws": Michael Doyle of McClatchy Newspapers has this report.
Posted at 10:08 PM by Howard Bashman


"U.S. Supreme Court to hear case of disgruntled frequent flyer": Lawrence Hurley of Reuters has this report.
Posted at 10:05 PM by Howard Bashman


"Wiretap ruling could haunt environmental lawsuits": Jeremy P. Jacobs of Greenwire has this report.
Posted at 10:03 PM by Howard Bashman


"Opinion recap: Saying little on retroactivity." Lyle Denniston has this post at "SCOTUSblog."
Posted at 02:27 PM by Howard Bashman


Access online the contents of the May 2013 issue of the Harvard Law Review: Via this link.
Posted at 01:34 PM by Howard Bashman


Lawrence Hurley of Reuters is reporting: He has articles headlined "Supreme Court agrees to hear town meeting prayer case"; "Supreme Court agrees to hear Fidelity whistleblower case"; "Supreme Court agrees to hear Medtronic patent case"; "Justices endorse FCC authority in cellphone tower case"; and "U.S. Supreme Court declines to hear Alaska climate change case."

In addition, Hurley and Patrick Temple-West have an article headlined "U.S. justices rule for PPL Corp in overseas tax case."
Posted at 01:32 PM by Howard Bashman



"Justices Take Case on Prayer at Town Board Meetings": Adam Liptak of The New York Times has this news update.

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

Warren Richey of The Christian Science Monitor has an article headlined "Are prayers before public meetings OK? Supreme Court to decide; Officials in Greece, N.Y., set up a system for prayers before town meetings; The US Supreme Court on Monday agreed to examine whether the practice violates the First Amendment's separation of church and state."

And at the "School Law" blog of Education Week, Mark Walsh has a post titled "U.S. Supreme Court to Weigh Prayers at Municipal Meetings."
Posted at 01:05 PM by Howard Bashman



"Holder walks fine line on prosecuting journalists": Josh Gerstein has this blog post today at Politico.com.
Posted at 12:20 PM by Howard Bashman


"Justice Ruth Bader Ginsburg and Geoffrey Stone, 'Roe at 40'": The University of Chicago Law School has posted online the video of this event, which occurred earlier this month, at this link. You can also access the video directly via YouTube.
Posted at 11:15 AM by Howard Bashman


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

1. Justice Sonia Sotomayor delivered the opinion of the Court in Sebelius v. Cloer, No. 12-236. Justices Antonin Scalia and Clarence Thomas did not join a portion of the Court's opinion. You can access the oral argument via this link.

2. Justice Ruth Bader Ginsburg delivered the opinion for a unanimous Court in Metrish v. Lancaster, No. 12-547. You can access the oral argument via this link.

3. Justice Clarence Thomas delivered the opinion for a unanimous Court in PPL Corp. v. Commissioner, No. 12-43. Justice Sotomayor issued a concurring opinion. You can access the oral argument via this link.

4. And Justice Scalia delivered the opinion of the Court in Arlington v. FCC, No. 11-1545. Justice Stephen G. Breyer issued a concurring opinion. And Chief Justice John G. Roberts, Jr. issued a dissenting opinion, in which Justices Anthony M. Kennedy and Samuel A. Alito, Jr. joined. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "High court uphold FCC power in cell tower disputes" and "Court: woman can seek lawyer fees in vaccine case."
Posted at 10:05 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 five new cases.

In early news coverage, The Associated Press has reports headlined "High court to weigh in on legislative prayers"; "Court: Should whistleblower protection be wider?"; and "Court won't get involved in Miss. redistricting."

Greg Stohr of Bloomberg News reports that "Council Prayers Get Top Court Review in Church-State Case" and "Sarbanes-Oxley Whistle-Blower Rules Get Court Review."

Richard Wolf of USA Today reports that "Supreme Court will rule on prayer at government meetings; The small town of Greece, N.Y., could set a new precedent on the issue of religious expression."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on government prayer."
Posted at 09:34 AM by Howard Bashman



"The Supreme Court Annual Report and Accounts 2012-2013": The Supreme Court of the United Kingdom issued this annual report today. The court's related news release can be accessed here.
Posted at 08:24 AM by Howard Bashman


"Bans Of Same-Sex Marriage Can Take A Psychological Toll": This audio segment appeared on today's broadcast of NPR's "Morning Edition."

And today at his "Jost on Justice" blog, Kenneth Jost has a post titled "On Gay Marriage, No Walk-Off Win Yet."
Posted at 08:20 AM by Howard Bashman



"The Sixth Circuit Really Blewett": Orin Kerr has this post today at "The Volokh Conspiracy."
Posted at 08:17 AM by Howard Bashman


"Retired US Supreme Court justice features in forum": The Associated Press has this report on an event scheduled to begin at 2:30 p.m. eastern time today at the John F. Kennedy Presidential Library and Museum in Boston.

A live webcast of the event can be accessed via this link once the event is underway.
Posted at 08:14 AM by Howard Bashman



Sunday, May 19, 2013

"Author: W.Va. Supreme Court 'appalling,' chief justice 'Blankenship's creature.'" Paul J. Nyden has this article in today's issue of The Charleston (W. Va.) Gazette-Mail.
Posted at 11:30 PM by Howard Bashman


"Gay marriage marching along ahead of Supreme Court justices' ruling": Robert Barnes will have this new installment of his "The High Court" column in Monday's edition of The Washington Post.
Posted at 11:25 PM by Howard Bashman


"Sotomayor to receive honorary degree": The "Cross Campus" blog of The Yale Daily News has this post today.
Posted at 10:56 PM by Howard Bashman


"Bigger push on Kansas courts may be coming": John Hanna of The Associated Press has a news analysis that begins, "A prominent conservative Kansas legislator has launched what could become the most aggressive campaign to date to rein in the state Supreme Court after a proposal failed that would have changed how its justices are selected."
Posted at 10:44 PM by Howard Bashman


"Neb. Court Rejects Off-Campus Search of Student Vehicle": Mark Walsh has this post at the "School Law" blog of Education Week.

My earlier coverage of Friday's Nebraska Supreme Court ruling appears at this link.
Posted at 10:30 PM by Howard Bashman



"Kosher prison food lawsuit goes forward": The Miami Herald has this report.

My earlier coverage of last Tuesday's Eleventh Circuit ruling appears at this link.
Posted at 10:24 PM by Howard Bashman



"Standing to assert a First Amendment challenge to a sign ordinance that the state has agreed not to enforce": Law professor Kevin C. Walsh has this post today at his blog, "walshslaw."
Posted at 10:22 PM by Howard Bashman


"Packing the D.C. Circuit: Obama prepares to flood an appellate court with judges it doesn't need." This editorial will appear in Monday's edition of The Wall Street Journal.

You can freely access the full text of the editorial via Google News.
Posted at 10:20 PM by Howard Bashman



"Eric Holder's liberation": Josh Gerstein of Politico.com has this report today.
Posted at 10:18 PM by Howard Bashman


"The Kansas death penalty has cobwebs": The Kansas City Star has this report.
Posted at 10:15 PM by Howard Bashman


"Beyond the Brady Rule": This editorial appears today in The New York Times.
Posted at 09:05 AM by Howard Bashman


"Under the U.S. Supreme Court: Islamic law in U.S. courts." Michael Kirkland of UPI has this report.
Posted at 08:52 AM by Howard Bashman


Saturday, May 18, 2013

"The Corporate-Friendly Court": Lincoln Caplan will have this essay in the Sunday Review section of tomorrow's edition of The New York Times.
Posted at 09:30 PM by Howard Bashman


"Nebraska Supreme Court limits school searches to campus": Today's edition of The Omaha World-Herald contains an article that begins, "Off-campus parking at Nebraska high schools may be at a premium after a ruling by the state's high court on Friday."

You can access yesterday's ruling of the Supreme Court of Nebraska at this link.
Posted at 10:20 AM by Howard Bashman



"Supreme Court asked to intervene in lacrosse case": Today's edition of The Herald-Sun of Durham, North Carolina contains an article that begins, "A trio of former Duke University lacrosse players has asked the U.S. Supreme Court to reverse a lower-court ruling and reinstate their federal civil-rights case against the city and its police."
Posted at 10:15 AM by Howard Bashman


"A Supreme visit: Chief Justice Roberts makes historic visit to region." The Observer of Dunkirk, New York contains this front page article today.
Posted at 09:10 AM by Howard Bashman


Friday, May 17, 2013

"Catherine E. Greig's 8-year-prison sentence was justified, federal court rules": John R. Ellement of The Boston Globe has this news update.

And The Associated Press reports that "8-year term for Bulger girlfriend upheld in Mass."

You can access today's ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 10:30 PM by Howard Bashman



"Liberty University pivots in health law challenge": Politico.com has this report.
Posted at 10:20 PM by Howard Bashman


"Justice Sotomayor Urges Immigrant Parents to Aid Their Children's Education": Mark Walsh has this post today at the "School Law" blog of Education Week.

My earlier coverage appears at this link.
Posted at 10:14 PM by Howard Bashman



"Judge lets defense lawyers withdraw from Chevron fraud lawsuit": Jonathan Stempel of Reuters has this report.

And at Forbes.com, Daniel Fisher has a blog post titled "Judge Grudgingly Lets Donziger's Lawyers Out Of Chevron Case." Fisher has posted a copy of the ruling at this link.
Posted at 06:04 PM by Howard Bashman



"This case requires us to decide whether the police, after seizing a cell phone from an individual's person as part of his lawful arrest, can search the phone's data without a warrant." In a ruling that a divided three-judge panel of the U.S. Court of Appeals for the First Circuit issued today, the majority held that "such a [warrantless] search exceeds the boundaries of the Fourth Amendment search-incident-to-arrest exception."
Posted at 05:56 PM by Howard Bashman


"Full Court Press: Perspectives on Covering the Supreme Court." The First Amendment Center posted this video online today.

You can also access the video directly via YouTube.
Posted at 04:16 PM by Howard Bashman



"Court: Law applying crack sentences retroactive." The Associated Press has this report.

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



"Plaintiff in excessive-force taser case lists defendant as 'Taser Joe'": John Council has this post today at the "Tex Parte Blog" of Texas Lawyer.

My earlier coverage of Wednesday's Fifth Circuit ruling appears at this link.
Posted at 01:47 PM by Howard Bashman



"Judge grants injunction in Ark. abortion ban case": The Associated Press has a report that begins, "A federal judge on Friday granted a request to temporarily block enforcement of a new Arkansas law that bans most abortions 12 weeks into a pregnancy."
Posted at 01:35 PM by Howard Bashman


"Scene in D.C.: Justice Stevens, Donahue at Citizen Awards." Bloomberg News has this report.
Posted at 01:30 PM by Howard Bashman


"No-show judge bolsters Chevron's attack on $19 billion judgment; The Ecuadorian judge who awarded the environment judgment against Chevron was a no-show witness for a deposition in Peru": Roger Parloff of Fortune magazine has this blog post today.
Posted at 01:15 PM by Howard Bashman


"LGBT PC: Being against marriage equality doesn't make you a monster." Michael Kinsley has this essay online today at The New Republic.
Posted at 01:14 PM by Howard Bashman


"Chief Justice Roberts: 'It is great to be back home.'" Buffalo, New York's NPR News station has this report (with audio).

And The Buffalo News has an update headlined "Chief Justice Roberts marks 10th anniversary of Jackson Center."
Posted at 01:11 PM by Howard Bashman



Sixth Circuit holds "that the federal judicial perpetuation of the racially discriminatory mandatory minimum crack sentences for those defendants sentenced under the old crack sentencing law, as the government advocates, would violate the Equal Protection Clause." A divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued this ruling today.
Posted at 11:23 AM by Howard Bashman


"Stevens: Rationale for Bush v. Gore was 'unacceptable'; The former Supreme Court justice speaks out on John Roberts and the case that decided the 2000 election." Salon.com has this report.
Posted at 08:29 AM by Howard Bashman


"Discussion: What's Going on at Gitmo?" At 2 p.m. eastern time this afternoon, ProPublica will host this discussion with Carol Rosenberg of the Miami Herald, Ryan J. Reilly of the Huffington Post, and Charlie Savage of The New York Times.
Posted at 08:22 AM by Howard Bashman


"'Iqbal Effect' on housing, employment cases skews Republican: new study." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 08:17 AM by Howard Bashman


Thursday, May 16, 2013

"Federal court hears appeal over Delaware court secrecy": Sean O'Sullivan of The News Journal of Wilmington, Delaware has this news update.

You can access the audio of today's oral argument at the U.S. Court of Appeals for the Third Circuit via this link (17.5 MB Windows Media audio file).

Update: In other coverage, Reuters reports that "Appeals court questions 'secret justice' in Delaware."
Posted at 09:14 PM by Howard Bashman



"Obama names Utah state judge to 10th Circuit bench; Sens. Hatch, Lee say McHugh's intelligence will serve her well": Thomas Burr of The Salt Lake Tribune has this news update.
Posted at 08:52 PM by Howard Bashman


"Facebook Tells Court 'Like' Feature Vital to Free Speech": Tom Schoenberg of Bloomberg News has this report.
Posted at 04:57 PM by Howard Bashman


"Fight Over Obama Appointees May Spur Senate Rule Change": This article will appear Friday in The New York Times.
Posted at 04:55 PM by Howard Bashman


"Top appeals court nominee sails toward confirmation; He's argued more than two dozen cases before the Supreme Court; Now, Sri Srinivasan could be moving toward a seat on the bench himself": Richard Wolf of USA Today has this report.

At "The Note" blog of ABC News, Ariane de Vogue has a post titled "SCOTUS Watch: Keep an Eye on Srikanth Srinivasan."

And The Hill has a blog post titled "Senate panel approves Obama nominee for key court post."
Posted at 04:35 PM by Howard Bashman



"Court ruling unsealed in D.C. campaign investigation": The Washington Post has this news update.

And at "The BLT: The Blog of Legal Times," Zoe Tillman has a post titled "Unsealed Opinion Offers Few Clues on Mayoral Probe."
Posted at 04:32 PM by Howard Bashman



"Sequel to the Fifth Circuit's Quorum Conundrum: Comer v. Murphy Oil II." Law professor Adam Steinman has this post today at "Civil Procedure & Federal Courts Blog" about a ruling that the U.S. Court of Appeals for the Fifth Circuit issued Tuesday.
Posted at 03:32 PM by Howard Bashman


"Songs for the Supremes": Jess Bravin has this post (pass-through link) today at WSJ.com's "Law Blog."
Posted at 03:27 PM by Howard Bashman


"Jane Kelly's experience rare on US appeals court": The Associated Press has this report.
Posted at 02:31 PM by Howard Bashman


"At D.C. Circuit, Contractor Case Merits Take Backseat": Andrew Ramonas has this post today at "The BLT: The Blog of Legal Times."
Posted at 02:28 PM by Howard Bashman


"Supreme Court Justice Urges Immigrant Parents to Help Children with School": The SchoolBook web site of WNYC Radio has this report (with audio).
Posted at 01:18 PM by Howard Bashman


"Second appeals court invalidates Obama's NLRB recess appointments": Tal Kopan of Politico.com has this blog post.

My earlier coverage of today's Third Circuit ruling appears at this link.
Posted at 01:16 PM by Howard Bashman



"Arkansas Ordered to Face Lawsuit Challenging Abortion Law": Bloomberg News has this report.
Posted at 01:00 PM by Howard Bashman


"Senate committee approves 3 judicial nominees": The Associated Press has this report.
Posted at 12:05 PM by Howard Bashman


"The Forty-Year Fight": In today's edition of The Chicago Weekly, Olivia Dorow Hovland has an article that begins, "Ruth Bader Ginsburg's diminutive stature was dwarfed by the marshals that surrounded her as she made her way down the main aisle of the University of Chicago Law School auditorium Saturday afternoon."
Posted at 11:54 AM by Howard Bashman


"Delaware's Chancery Court seeks to restart 'secret' hearings": Reuters has this report on a case scheduled for oral argument today at the U.S. Court of Appeals for the Third Circuit.
Posted at 11:50 AM by Howard Bashman


"Cops Should Get Warrants to Read Your E-Mail, Attorney General Says": David Kravets has this post today at Wired.com's "Threat Level" blog.
Posted at 11:47 AM by Howard Bashman


"To Stop Overreaches Like the AP Debacle, Congress Must Step Up; The judiciary can't fix this: The Supreme Court has a poor track record protecting journalists from the government." Law professor Garrett Epps has this essay online at The Atlantic.

And online at Slate, Emily Bazelon has a jurisprudence essay titled "Obama's War on Journalists: His administration's leak investigations are outrageous and unprecedented."
Posted at 11:22 AM by Howard Bashman



"Dotcom: Supreme Court grants leave to appeal." The New Zealand Herald has this news update.

Reuters reports that "NZ Supreme Court to hear Megaupload evidence appeal."

And Joe Mullin of Ars Technica reports that "NZ Supreme Court to hear appeal on whether Dotcom can see US evidence; Government lawyers say Megaupload founder has no need to see documents."

Update: In other coverage, at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Kim Dotcom Case to Be Reviewed By New Zealand's Supreme Court; The Megaupload founder has gotten the country's highest court to review a March decision over access to U.S. government documents."
Posted at 11:20 AM by Howard Bashman



"Senate Panel Unanimously Approves Sri Srinivasan For D.C. Circuit Judge": Sahil Kapur has this post at TPM Livewire.

And the "Post Poiitics" blog of The Washington Post has an entry titled "Sri Srinivasan approved by Senate Judiciary Committee."

Update: In other coverage, at "The BLT: The Blog of Legal Times," Matthew Huisman has a post titled "Senate Judiciary Approves Sri Srinivasan for D.C. Circuit."
Posted at 11:00 AM by Howard Bashman



"Cool Music Soothes Supreme Court": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 10:57 AM by Howard Bashman


"Senate panel considers labor board nominees": The Associated Press has this report.
Posted at 10:55 AM by Howard Bashman


"Ninth Circuit Pooh-Poohs Coupons in HP Printer Case": Scott Graham of The Recorder has this report.

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 09:54 AM by Howard Bashman



"We hold that the Recess of the Senate in the Recess Appointments Clause refers to only intersession breaks." So holds the majority on a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit in an NLRB recess appointment challenge decided today. The majority opinion totals 102 pages, while the dissent clocks in at 55 pages.

And in related news, Carlyn Kolker of Reuters reports that "NLRB pursuing settlements, despite Noel Canning decision."
Posted at 09:42 AM by Howard Bashman



"Liberty still pushing its challenge to Obamacare": Politico.com has this report on a case scheduled for oral argument today at the U.S. Court of Appeals for the Fourth Circuit.
Posted at 08:42 AM by Howard Bashman


"Prison Inmate's Complaint Gets High Court Review; Sixth Circuit ruling in indigent's civil rights case targeted": Tony Mauro of The National Law Journal has this report (free access).
Posted at 08:40 AM by Howard Bashman


"Facebook's 'Like' Faces Free-Speech Test in U.S. Court": Tom Schoenberg of Bloomberg News has this report on a case scheduled for oral argument today at the U.S. Court of Appeals for the Fourth Circuit.
Posted at 08:30 AM by Howard Bashman


"Constitution Check: Who has First Amendment rights in the workplace?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:26 AM by Howard Bashman


"Open Season: Do Laws Against Animal Crushing Videos Violate Free Speech? Ashley Nicole Richards, who filmed herself torturing and killing kittens, puppies, cats and dogs, was the first person brought up on revised federal crush-video charges -- which backfired magnificently." This lengthy cover story appears in the current issue of Houston Press.
Posted at 08:24 AM by Howard Bashman


"Obama climate agenda faces Supreme Court reckoning": Lawrence Hurley and Valerie Volcovici of Reuters have this news analysis.
Posted at 08:20 AM by Howard Bashman


"Obama needs a fresh approach to naming judges": Law professor David Fontana has this essay at Politico.com.
Posted at 08:14 AM by Howard Bashman


Wednesday, May 15, 2013

"Driver's Seat": Linda Greenhouse has this post tonight at the "Opinionator" blog of The New York Times.
Posted at 10:32 PM by Howard Bashman


"Lawsuit filed against deputy 'Taser Joe'; Ramirez alleges deputies used excessive force against him": In early September 2009, this article appeared in The Alice (Tex.) Echo-News Journal.

Today, a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued this ruling on the case.
Posted at 10:28 PM by Howard Bashman



"Appeals Court Says Judge Went Too Far in Forcing Fire Dept. to Revamp Its Hiring": Today's edition of The New York Times contains this article.

My earlier coverage of yesterday's Second Circuit ruling appears at this link.
Posted at 09:14 PM by Howard Bashman



"Roll-Call Reminder: Women May Go Topless." This article will appear Thursday in The New York Times.
Posted at 09:03 PM by Howard Bashman


"Diversity Without Affirmative Action?" The New York Times has posted this "Room for Debate" discussion online.
Posted at 08:57 PM by Howard Bashman


"White House Pushes for Media Shield Law": Charlie Savage will have this article in Thursday's edition of The New York Times.
Posted at 04:56 PM by Howard Bashman


"Only abortion clinic in Miss. fights to stay open": The Associated Press has this report.
Posted at 04:32 PM by Howard Bashman


"Strongbox and Aaron Swartz": The New Yorker has this blog post today.
Posted at 04:15 PM by Howard Bashman


"Drakes Bay Oyster states case in court": Bob Egelko has this article today in The San Francisco Chronicle.

My earlier coverage of yesterday's Ninth Circuit oral argument can be accessed here and here.
Posted at 04:08 PM by Howard Bashman



The Denver Post will report on newly issued Tenth Circuit rulings when it is good and ready: Yesterday, The Denver Post had this article reporting on a ruling that the U.S. Court of Appeals for the Tenth Circuit had issued one week earlier, on May 7, 2013.
Posted at 04:05 PM by Howard Bashman


"New Questions in Gay Conversion Therapy Appeal": At her "Trial Insider" blog, Pamela A. MacLean has this post reporting on two related orders (here and here) that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 03:50 PM by Howard Bashman


"Case to Watch: Supreme Court may take up question of inequitable conduct." Erin Geiger Smith of Reuters has this report.
Posted at 03:44 PM by Howard Bashman


"Court voids HP printer settlement, cites legal fees": Jonathan Stempel of Reuters has this report on another Ted Frank victory -- this time not only as counsel but also as a named party.

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 03:42 PM by Howard Bashman



"Legal challenges begin against ND abortion laws": The Associated Press has this report.
Posted at 02:07 PM by Howard Bashman


"The Court Case Looming Behind Angelina Jolie's Breast Cancer Column: The actress's candid op-ed about her mastectomy comes on the eve of a vital ruling over patents for breast cancer genes like hers." Andrew Cohen has this essay online today at The Atlantic.
Posted at 10:57 AM by Howard Bashman


"'Company Doe' Asks Fourth Circuit to Keep Records Sealed": Mike Scarcella of The National Law Journal has this report (free access).
Posted at 10:22 AM by Howard Bashman


"Is the Patent System Working or Broken? A Discussion with Four Distinguished Federal Judges." The Federalist Society has posted at this link the video of its event from yesterday.
Posted at 10:20 AM by Howard Bashman


"Boston Bombing Judge Emerges as Target for Republicans": Bloomberg News has this report.
Posted at 07:33 AM by Howard Bashman


Tuesday, May 14, 2013

"From breast cancer to gay marriage, can court be moved? Angelina Jolie's decision to get tested for a breast cancer gene mutation, undergo a double mastectomy and then write about it is the latest example of news that could affect Supreme Court justices' views." Richard Wolf will have this article Wednesday in USA Today.
Posted at 11:02 PM by Howard Bashman


"Court reinstates Fla. inmate kosher meals lawsuit": The Associated Press has this report.

The News Service of Florida reports that "Appeals court revives lawsuit of inmate demanding kosher meals."

And The Jewish Daily Forward reports that "Parent-Killing Jewish Inmate Wins Round in Kosher Meals Fight; Appeals Court Keeps Bruce Rich's Florida Suit Alive."

You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 10:52 PM by Howard Bashman



"Fate of oyster farm in appeals court hands": The Press Democrat of Santa Rosa, California has this news update.

The U.S. Court of Appeals for the Ninth Circuit has posted online both the audio and the video (via YouTube) of today's oral argument.

Update: In other coverage, Scott Graham of The Recorder reports that "Ninth Circuit Hears Oyster Farm Case."
Posted at 08:30 PM by Howard Bashman



"Senate set for showdown over W.H. nominees": Politico.com has this report.
Posted at 08:20 PM by Howard Bashman


"Lawyers Press Pentagon to Abide by Detainee Deal": Charlie Savage will have this article Wednesday in The New York Times.
Posted at 08:07 PM by Howard Bashman


"Eric Holder: White House Considering New Guantanamo Envoy To Help Close Facility." Ryan J. Reilly of The Huffington Post has this report.
Posted at 08:00 PM by Howard Bashman


"Federal and state regulators clash over Md. gas project": Jeremy P. Jacobs of Greenwire has this report.
Posted at 06:14 PM by Howard Bashman


"Joan Orie Melvin is resentenced": Paula Reed Ward of The Pittsburgh Post-Gazette has a news update that begins, "Former state Supreme Court Justice Joan Orie Melvin must pay nearly $128,000 of her personal contributions to her retirement fund to cover fines, costs and restitution stemming from her conviction on public corruption charges."

And in this past Sunday's edition of The Pittsburgh Tribune-Review, Brad Bumsted had an essay headlined "The Melvin sentence: Judges protecting judges."
Posted at 06:00 PM by Howard Bashman



"Collegiality, Judging, and the D.C. Circuit": Law professor Aaron Zelinsky has this interesting post today at "Concurring Opinions."
Posted at 04:56 PM by Howard Bashman


"Is the N.R.A. Un-American?" Stanley Fish had this post last night at the "Opinionator" blog of The New York Times.
Posted at 04:46 PM by Howard Bashman


"Backlash Whiplash: Is Justice Ginsburg right that Roe v. Wade should make the court cautious about gay marriage?" Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 04:44 PM by Howard Bashman


"Human rights groups call for end to force-feeding of Guantanamo hunger-striking detainees": Carol Rosenberg of The Miami Herald has this news update.

And The Associated Press has a report headlined "Gitmo prisoner: Obama has 'abandoned' detainees."
Posted at 03:14 PM by Howard Bashman



"An Empirical Study of the Effect of Shady Grove v. Allstate on Forum Shopping in the New York Courts": Law professor William H. J. Hubbard has posted this article online at SSRN.
Posted at 02:47 PM by Howard Bashman


"Genetic Breast Cancer Testing: Big Business, and a Big Lawsuit": Tom Gara has this post today at WSJ.com's "Corporate Intelligence" blog.
Posted at 02:44 PM by Howard Bashman


"Chief justice denounces pay-to-play reform measure; Nuss says key senator tied judicial raise to support for change in judge selection process": Andy Marso of The Topeka Capital-Journal has a news update that begins, "The Kansas Supreme Court's Chief Justice sent a letter to the state's judges Tuesday condemning as 'distasteful' and 'unacceptable' an influential senator's attempt to make courts funding contingent upon judicial groups getting behind a proposal to change the way Supreme Court justices are selected."
Posted at 02:43 PM by Howard Bashman


"US appeals panel ponders: what is a pirate?" The Associated Press has this report on a case argued today at the U.S. Court of Appeals for the Fourth Circuit. When that court posts the oral argument audio online, you should be able to access it via this link.
Posted at 02:34 PM by Howard Bashman


"Supreme Court plays Shakespeare tragedy for laughs": Lawrence Hurley of Reuters has this report.
Posted at 02:15 PM by Howard Bashman


"Federal court overturns ruling FDNY intentionally discriminated against minority applicants; The decision is a victory for city lawyers, who argued that Federal Judge Nicholas Garaufis had wrongly accused Mayor Bloomberg of willfully failing to end discrimination in the predominantly white ranks of the fire department": The New York Daily News has this update.

And The Associated Press reports that "NY appeals court approves of FDNY hiring oversight."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 01:27 PM by Howard Bashman



"Federal appeals court takes up Marin oyster farm case Tuesday": Yesterday's edition of The Press Democrat of Santa Rosa, California contained this front page article.

The oral argument occurred today at the U.S. Court of Appeals for the Ninth Circuit. I will link to the audio when it becomes available online. You can access the briefs filed in the case and certain other material via this link.

Update: At her "Trial Insider" blog, Pamela A. MacLean has a post titled "Oyster Farm Fate in Judges' Hands."
Posted at 01:18 PM by Howard Bashman



"W.Pa. abortion clinics struggle under stricter regulations": This article appears today in The Pittsburgh Tribune-Review.
Posted at 12:16 PM by Howard Bashman


"Federal court rules Anaheim officers didn't use excessive force; A divided U.S. 9th Circuit Court of Appeals rules that the two officers didn't use excessive force in a 2009 incident in which a suspect was fatally shot": Maura Dolan has this article in today's edition of The Los Angeles Times reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 11:27 AM by Howard Bashman


"In Abortion Protests, Which to Protect, Children or Speech?" Adam Liptak has this new installment of his "Sidebar" column in today's edition of The New York Times.
Posted at 11:24 AM by Howard Bashman


"U.S. Porn Company Goes After Hong Kong 'Cloud' Storage Outfit": Scott Graham of The Recorder has this report on an oral argument that occurred yesterday before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.

You can access the audio of the oral argument by clicking here.
Posted at 11:11 AM by Howard Bashman



"Justices finally say what 'defalcation' means": Lawrence Hurley of Reuters has this report.
Posted at 11:04 AM by Howard Bashman


"High court asked to resolve split over state AG lawsuits": Andrew Longstreth of Reuters has a report that begins, "The U.S. Supreme Court will meet next week to consider whether to weigh in on a question that has split the judiciary: Do federal courts have jurisdiction over lawsuits filed in state court by state attorneys general on behalf of their citizens?"
Posted at 10:26 AM by Howard Bashman


"Most vital part of Monsanto opinion may be what wasn't in it": Erin Geiger Smith of Reuters has this report.
Posted at 10:24 AM by Howard Bashman


"9th Circuit: Order on Cebull investigation 'moot.'" The Associated Press has this report. You can access yesterday's order of the Judicial Council of the Ninth Circuit at this link.

Earlier this month, The Great Falls Tribune published an article headlined "District Judge Cebull to serve last day."
Posted at 10:20 AM by Howard Bashman



Monday, May 13, 2013

"Justice Roberts to speak at La Lumiere commencement": The Times of Northwest Indiana has this news update.
Posted at 09:55 PM by Howard Bashman


"The Supreme Court is About to Get Another Chance to Gut Obamacare: A new case in federal courts, if successful, would maim health-care reform." Simon Lazarus has this essay online today at The New Republic.
Posted at 08:46 PM by Howard Bashman


"Supreme Court acting serene with unanimous rulings; The Roberts court, often divided 5-4 on controversial cases, finds agreement three more times Monday in a pattern that's becoming familiar": Richard Wolf will have this article Tuesday in The New York Times.
Posted at 08:42 PM by Howard Bashman


"California prison battle heading to U.S. Supreme Court": Howard Mintz of The San Jose Mercury News has this report.
Posted at 08:16 PM by Howard Bashman


"Splintered Federal Circuit fails in its essential mission": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 06:21 PM by Howard Bashman


"Ginsburg's Roe v. Wade Blind Spot": Lincoln Caplan has this post today at the "Taking Note" blog of The New York Times.
Posted at 06:07 PM by Howard Bashman


"U.S. Supreme Court Sides with Emory Student Group's Client, Vacates Bankruptcy Decision": Emory University School of Law issued this news release today.
Posted at 06:04 PM by Howard Bashman


"FBI Exigent Letters Memo Should Be Kept Secret, Justice Department Argues": Matt Sledge of The Huffington Post has this report.
Posted at 06:02 PM by Howard Bashman


"Is the Patent System Working or Broken? A Discussion with Four Distinguished Federal Judges." The Federalist Society will offer a free webcast of this event starting early tomorrow afternoon eastern time (access link for details).
Posted at 05:55 PM by Howard Bashman


"Guantanamo Bay: Inside a Legal Nightmare; Author Jess Bravin explores the military prison's tangled history in new book 'The Terror Courts.'" John Knefel has this article online at Rolling Stone. And for those who prefer to listen, John and Molly Knefel's new episode of "Radio Dispatch" includes an interview with Bravin.
Posted at 05:52 PM by Howard Bashman


Joe Mullin of Ars Technica is reporting: Today, he has reports headlined "Aaron Swartz prosecutors will unseal evidence, but won't name names; Judge: Threats on MIT and US Attorneys' staff mean some redactions are proper" and "New Prenda letter threatens to tell neighbors about porn accusations; Sprawling case may be porn troll's 'last stand,' but it looks massive."
Posted at 05:44 PM by Howard Bashman


"Uniform Rules Urged On Access to Judicial Papers; Presidential Records Act should serve as guide for public access to federal judges' working records post-bench, law prof proposes": Marcia Coyle of The National Law Journal has this report.
Posted at 05:37 PM by Howard Bashman


"US government files morning-after pill appeal": The Associated Press has this report.

Update: At "SCOTUSblog," Lyle Denniston has a post titled "Government: No promises on 'Plan B.'"
Posted at 03:10 PM by Howard Bashman



"In Commencement Address, Verrilli Offers Lessons Learned": Mounira Al Hmoud has this post today at "The BLT: The Blog of Legal Times."
Posted at 02:41 PM by Howard Bashman


"Prosecutors Shouldn't Be Hiding Evidence From Defendants: The Supreme Court said so 50 years ago; But there's no real accountability structure to enforce the obligation -- which means innocent people end up sitting in prison." Andrew Cohen has this essay online at The Atlantic.
Posted at 01:20 PM by Howard Bashman


"What's Left for the Supreme Court": Ariane De Vogue of ABC News has this report.
Posted at 01:16 PM by Howard Bashman


"D.C. Circuit Weighs Child Pornography Restitution Case": Zoe Tillman has this post today at "The BLT: The Blog of Legal Times."
Posted at 01:10 PM by Howard Bashman


Josh Gerstein of Politico.com is reporting: Today, he has blog post titled "Judge: Courts too deferential on classified information" and "Guantanamo lawyers demand right to use pens, notebooks, eyeglasses."
Posted at 01:06 PM by Howard Bashman


"Justice Ginsburg: Roe v. Wade not 'woman-centered.'" This article appeared yesterday in The Chicago Tribune.

Update: At The Huffington Post, law professor Geoffrey R. Stone has a related blog entry titled "Justice Ginsburg, Roe v. Wade and Same-Sex Marriage."
Posted at 11:17 AM by Howard Bashman



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

1. Justice Elena Kagan delivered the opinion for a unanimous Court in Bowman v. Monsanto Co., No. 11-796. You can access the oral argument via this link.

2. Justice Stephen G. Breyer delivered the opinion for a unanimous Court in Bullock v. BankChampaign, N.A., No. 11-1518. You can access the oral argument via this link.

3. And Justice Ruth Bader Ginsburg delivered the opinion for a unanimous Court in Dan's City Used Cars, Inc. v. Pelkey, No. 12-52. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "High court rules for Monsanto in patent case."

Richard Wolf of USA Today reports that "Supreme Court sides with Monsanto in major patent case; Indiana farmer's effort to replicate soybeans that are resistant to weed killer is determined to be a patent infringement."

Adam Liptak of The New York Times has a news update headlined "Monsanto Wins Case on Genetically Altered Soybeans."

Robert Barnes of The Washington Post has a news update headlined "Supreme Court rules for Monsanto in genetically modified soybean case."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court rules in favor of Monsanto in seed-patenting case."

Greg Stohr of Bloomberg News reports that "Monsanto Wins Seed Case as U.S. High Court Backs Patent Rights."

Lawrence Hurley of Reuters reports that "Supreme Court rules for Monsanto in patent fight."

At Wired.com's "Threat Level" blog, David Kravets has a post titled "Supreme Court Backs Patents on 'Self-Replicating' Technology."

And Ariane de Vogue of ABC News has a blog post titled "Indiana Farmer Loses Battle Against Monsanto."
Posted at 10:06 AM by Howard Bashman



"Lawyers worry new measure of mental retardation could prompt more executions": Reuters has a report that begins, "A new standard from the country's leading psychiatric association to diagnose mental retardation could allow courts to execute convicted criminals with IQ scores below 70 more easily, say death penalty lawyers."
Posted at 09:53 AM by Howard Bashman


"Revised Guantanamo force-feed policy exposed: Al Jazeera's exclusive publishing of a key Guantanamo prison military document lays bare the brutality of force-feeding." Jason Leopold of Al Jazeera English has this report today.
Posted at 09:40 AM by Howard Bashman


"Q&A: Plaintiffs' lawyer Barry Barnett on the Comcast class action." David Ingram of Reuters has this report.
Posted at 09:37 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 one case and called for the views of the Solicitor General in one case.

Update: In early news coverage, Lawrence Hurley of Reuters reports that "U.S. justices stay out of stock market indexes copyright fight."
Posted at 09:34 AM by Howard Bashman



"CAFC Hears Oral Arguments in Houston and District of Columbia Section 2(b) Appeals": John L. Welch has this post today at "The TTABlog."
Posted at 09:30 AM by Howard Bashman


"Gay-Marriage Letdown Looms as High Court Weighs Narrow Ruling": Greg Stohr of Bloomberg News has this report.
Posted at 09:25 AM by Howard Bashman


Sunday, May 12, 2013

"Brown v. Board site to unveil historic Clark doll; Psychologists Kenneth and Mamie Phipps Clark's tests using children's dolls played a key role in the Brown v Board case": This article appears today in The Topeka Capital-Journal.
Posted at 09:51 PM by Howard Bashman


"The DNA in your garbage: up for grabs; Drop a hair? Anyone can legally sequence your genetic material -- and privacy experts want to close that gap." Kevin Hartnett has this essay today in the Ideas section of The Boston Globe.
Posted at 09:44 PM by Howard Bashman


"Robert H. Jackson's law clerk to attend Roberts visit": The Observer of Dunkirk, New York has this report.

More information about this upcoming Friday's event can be accessed here.
Posted at 09:38 PM by Howard Bashman



"Among Indian tribes, a division over gay marriage": This article will appear Monday in The Washington Post.
Posted at 09:31 PM by Howard Bashman


"E Pluribus Me": This evening at the "Opinionator" blog of The New York Times, Timothy Egan has a post that begins, "Logic, thy name is not Ted Cruz. The very junior senator from Texas is a well-credentialed windbag, with degrees from Princeton and Harvard Law, and a stint clerking at the Supreme Court."
Posted at 09:26 PM by Howard Bashman


"Hospital Mergers Reset Abortion-Access Battle": This article will appear in Monday's edition of The New York Times.
Posted at 09:20 PM by Howard Bashman


"Aaron Swartz's Father Calls for U.S. Legal Reforms Ahead of MIT Report": Sam Gustin of Time magazine has this article.
Posted at 09:16 PM by Howard Bashman


"Lives versus Profits": Last week at Project Syndicate, Joseph E. Stiglitz had an essay that begins, "The United States Supreme Court recently began deliberations in a case that highlights a deeply problematic issue concerning intellectual-property rights."
Posted at 08:23 PM by Howard Bashman


"Bombing Suspect's Lawyer A Quiet Defender Of The Notorious": This audio segment appeared on today's broadcast of NPR's "Weekend Edition Sunday."
Posted at 01:33 PM by Howard Bashman


"Ex-justices rule current Supreme Court guilty of partisanship": Columnist Brian Dickerson has this op-ed today in The Detroit Free Press.
Posted at 01:28 PM by Howard Bashman


"Supreme Court adds third case to deliberation over mandatory retirement for PA judges": This article appeared yesterday in The Patriot-News of Harrisburg, Pennsylvania.
Posted at 01:26 PM by Howard Bashman


"In entire court term, justices see 1 black lawyer": Mark Sherman of The Associated Press has this report.
Posted at 01:23 PM by Howard Bashman


"Supreme Court weighing public school graduation in a church ; Justices have been deciding for weeks whether to take up a Wisconsin case in which a school district was found to have violated the 1st Amendment": David G. Savage has this article today in The Los Angeles Times.
Posted at 01:12 PM by Howard Bashman


"Attorney General Holder speaks to UC grads": Today's edition of The San Francisco Chronicle contains an article that begins, "With protesters outside demanding closure of the Guantanamo Bay detention center, U.S. Attorney General Eric Holder on Saturday gave an unambiguous endorsement of the civilian court system to try suspected terrorists, telling UC Berkeley Law School graduates that failing to do so 'would weaken our ability . . . to punish those who target our people.'"
Posted at 09:25 AM by Howard Bashman


"Under the U.S. Supreme Court: O'Connor regrets Bush vs. Gore. So what?" Michael Kirkland of UPI has this report.
Posted at 09:18 AM by Howard Bashman


Saturday, May 11, 2013

"G.O.P. Delays on Nominees Raise Tension": Sunday's edition of The New York Times will contain this front page article.
Posted at 10:56 PM by Howard Bashman


"Ginsburg says Roe gave abortion opponents target": The Associated Press has this report.
Posted at 10:51 PM by Howard Bashman


"U.S. Court of Appeals backs Metro schools in upholding rezoning ruling; Court finds increased segregation in plan but says it wasn't intentional": The Tennessean contains this article today.

This blog's earlier coverage of yesterday's Sixth Circuit ruling appears at this link.
Posted at 08:40 PM by Howard Bashman



"In Guantanamo, Have We Created Something We Can't Close?" This audio segment appeared on today's broadcast of NPR's "All Things Considered."
Posted at 08:35 PM by Howard Bashman


"America the Clueless: On subjects ranging from Obamacare to the Supreme Court, our body politic isn't especially brainy." Columnist Frank Bruni will have this op-ed Sunday in The New York Times.
Posted at 08:33 PM by Howard Bashman


"Racism in a Texas Death Case": This editorial appears today in The New York Times.
Posted at 08:30 PM by Howard Bashman


"Gulag that shames the West: Five years after Obama said he'd shut it, over 100 prisoners -- including a British resident -- are still chained in Guantanamo." David Jones of The Daily Mail (UK) has this report.
Posted at 04:30 PM by Howard Bashman


"Justice Ruth Bader Ginsburg shows different side to DePaul audience": This article appears today in The Chicago Sun-Times.

And The Associated Press reports that "Supreme Court Justice Ruth Bader Ginsburg to discuss Roe v. Wade in Chicago." Additional information on the event can be accessed here.
Posted at 04:27 PM by Howard Bashman



"At Ninth Circuit, Moderates Do the Talking": Scott Graham of The Recorder has this report.
Posted at 01:38 PM by Howard Bashman


"U.S. appeals court issues divided ruling in software patent case": Erin Geiger Smith of Reuters has this report.

And at the "Patently-O" blog, Dennis Crouch has a post titled "CLS Bank v. Alice Corp: Court Finds Many Software Patents Ineligible."

My earlier coverage of yesterday's en banc Federal Circuit ruling appears at this link.
Posted at 01:15 PM by Howard Bashman



Friday, May 10, 2013

"Packing the Courts": In the Sunday Book Review section of this Sunday's edition of The New York Times, Jeffrey Rosen will have this review of "The Federalist Society: How Conservatives Took the Law Back From Liberals," by Michael Avery and Danielle McLaughlin.

Update: The authors of this book had an article in the April 15, 2013 issue of The Chronicle Review of The Chronicle of Higher Education headlined "How Conservatives Captured the Law."
Posted at 06:04 PM by Howard Bashman



"Ask the author: Marcia Coyle on the Roberts Court." "SCOTUSblog" has posted at this link Ronald Collins's interview of Marcia Coyle.
Posted at 05:06 PM by Howard Bashman


"Grassley aims for GOP political spin on federal judiciary": Doug Kendall has this post today at "The Great Debate" blog of Reuters.

In addition, in the May/June 2013 issue of The Environmental Forum, Kendall and Simon Lazarus have a cover story titled "Broken Circuit: A new breed of activism on the Court of Appeals for the D.C. Circuit -- for environmental cases second in importance only to the Supreme Court and the central venue for high-profile lawsuits -- threatens decades of progress." On the last page of the PDF document, linked immediately above, law professor Jonathan H. Adler has a response essay titled "The D.C. Circuit Is Hardly in Crisis."
Posted at 04:56 PM by Howard Bashman



"DOJ Asks D.C. Circuit to Keep Surveillance Law Memo Secret": Mike Scarcella has this post today at "The BLT: The Blog of Legal Times."
Posted at 04:52 PM by Howard Bashman


"D.C. Circuit Grapples with Judicial Independence Case": Zoe Tillman has this post today at "The BLT: The Blog of Legal Times."
Posted at 03:08 PM by Howard Bashman


"Appeals Court Upholds Nashville Student Assignment Plan": Mark Walsh has this post at the "School Law" blog of Education Week reporting on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 03:00 PM by Howard Bashman


"Judge sets resentencing hearing for Joan Orie Melvin; Judge says he will address technicality, but sentence will not really change": Paula Reed Ward of The Pittsburgh Post-Gazette has a news update that begins, "The judge who sentenced a former state Supreme Court justice to three years house arrest has scheduled a resentencing hearing for Tuesday."

And Adam Brandolph of The Pittsburgh Tribune-Review has a news update headlined "Judge says he will resentence former Justice Melvin next week 'out of extreme caution.'"
Posted at 02:44 PM by Howard Bashman



"Female HLS Graduates Enter a Job Market Dominated by Men": This article -- part three in a three-part series -- appears today in The Harvard Crimson.
Posted at 02:33 PM by Howard Bashman


"The N.L.R.B.'s Contested Poster": Today's edition of The New York Times contains an editorial that begins, "The subject of the latest outrageous ruling by the United States Court of Appeals for the District of Columbia Circuit is an 11-by-17-inch poster."
Posted at 02:30 PM by Howard Bashman


"Federal court defends judicial conference at Georgia resort": Jamie Dupree of The Atlanta Journal-Constitution had this post last night at his "Washington Insider" blog.
Posted at 02:19 PM by Howard Bashman


"'Look, you may hate me': 90 minutes with John Steele, porn troll; Says Judge Wright's Star Trek references were 'beneath the dignity of the court.'" Joe Mullin of Ars Technica has this interview.
Posted at 01:00 PM by Howard Bashman


"Man who stripped at Portland International Airport fights $1,000 fine from TSA": This article appears today in The Oregonian. According to the article, the case could eventually reach the U.S. Court of Appeals for the Ninth Circuit.
Posted at 12:53 PM by Howard Bashman


"'Morning-After' Pill Judge Won't Delay Ruling for Appeal": Bloomberg News has this report.

And The Associated Press reports that "Judge in NYC refuses to suspend his Plan B ruling."
Posted at 12:50 PM by Howard Bashman



"Chamber Of Commerce Is Big Winner With Increasingly Conservative Supreme Court": Sahil Kapur of TPM DC has this report.
Posted at 12:44 PM by Howard Bashman


En banc Federal Circuit issues decision addressing the patentability of a computer-assisted business method that reduces risks in financial situations: Today's en banc ruling of the U.S. Court of Appeals for the Federal Circuit begins with a one-paragraph per curiam opinion stating:
Upon consideration en banc, a majority of the court affirms the district court's holding that the asserted method and computer-readable media claims are not directed to eligible subject matter under 35 U.S.C. sec. 101. An equally divided court affirms the district court's holding that the asserted system claims are not directed to eligible subject matter under that statute.
In addition to that short per curiam opinion, six judges issued separate opinions.

Last month, Erin Geiger Smith of Reuters wrote about the case that the en banc Federal Circuit decided today in an article headlined "In gene case, Supreme Court to again address patent eligibility."
Posted at 12:40 PM by Howard Bashman



"Appeals court rules that Righthaven lacked standing to sue over copyrights": This article appears today in The Las Vegas Sun.

And Erin Geiger Smith of Reuters has an article headlined "Assignment to sue for copyright not enough for standing -- appeals court."

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 12:30 PM by Howard Bashman



"High court's hospital merger ruling could spur antitrust challenges": Terry Baynes of Reuters has a report that begins, "A ruling this year by the U.S. Supreme Court in a hospital merger case could embolden federal regulators to bring more antitrust challenges against healthcare deals, said Sara Razi, a deputy assistant director at the Federal Trade Commission."
Posted at 12:25 PM by Howard Bashman


"Altering a culture in which much of the bar had come to believe that briefing schedules were issued only to be automatically extended until convenient for counsel to file a brief was difficult." The U.S. Court of Appeals for the Second Circuit today issued an interesting per curiam ruling reminding counsel that repeated extensions of time in which to file a brief are disfavored, even for exceptional circumstances. Unlike many courts, however, the Second Circuit initially allows counsel to more or less set the original timetable for briefing an appeal.
Posted at 11:47 AM by Howard Bashman


"How Vacancies on the D.C. Circuit Court Are Swaying Policy in America: The court's judges are obstructing appointments to a key regulatory body; But since the Senate won't confirm Obama's own judicial picks, the appointments will stay stuck." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 07:53 AM by Howard Bashman


Thursday, May 9, 2013

"Ex-'Dora the Explorer' Can't Unwind Settlement With Nickelodeon; An appeals court declines to rip up a $500,000 settlement made by Caitlin Sanchez": At the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has this post reporting on a summary order that the U.S. Court of Appeals for the Second Circuit issued Tuesday.
Posted at 11:06 PM by Howard Bashman


"Navy lawyer leaving case of waterboarded USS Cole bombing suspect": Carol Rosenberg of The Miami Herald has this report.
Posted at 11:03 PM by Howard Bashman


"An Inside Look at Backstories of Big Decisions in Chief Justice Roberts' Court": This video segment featuring Marcia Coyle of The National Law Journal appeared on this evening's broadcast of The PBS NewsHour.
Posted at 10:54 PM by Howard Bashman


"Jim Thorpe to appeal ruling on athlete's remains; Borough Council chooses what it hopes will be least costly option": Peter Hall of The Morning Call of Allentown, Pennsylvania has a news update that begins, "Jim Thorpe officials decided Thursday they won't let their borough's namesake go without a fight, voting to appeal a court ruling that could allow legendary athlete Jim Thorpe's sons to return his remains to his native Oklahoma."
Posted at 10:20 PM by Howard Bashman


"A Stay of Execution and a Whole Lot More": Today at WSJ.com's "Law Blog," Jess Bravin has a post (free access) that begins, "For Justice Michael Randolph of the Mississippi Supreme Court, a legal opinion wasn't just a place to explain why his eight colleagues were mistaken in staying an execution -- it was a forum to vent wide-ranging criticism of the U.S. Justice Department."
Posted at 10:07 PM by Howard Bashman


"White Powder in Envelope Prompts Evacuation at Law School; Preliminary Test Comes Back Negative": The Harvard Crimson has this news update.
Posted at 10:05 PM by Howard Bashman


"Federal Court Revives Mich. Law Barring Teachers' Union Deductions": Mark Walsh has this post at the "School Law" blog of Education Week.

This blog's earlier coverage of today's Sixth Circuit ruling appears at this link.
Posted at 05:37 PM by Howard Bashman



"Supreme Court reinstates $310,000 jury award for Olympia man falsely accused of being a 'communist'": The Olympian of Olympia, Washington has a news update that begins, "The Washington Supreme Court reversed a state Court of Appeals ruling on Thursday, reinstating a $310,000 jury award to a Vietnamese-American in Olympia who sued five fellow Vietnamese-Americans for defaming him by calling him a communist."

You can access today's ruling of the Supreme Court of Washington State at this link.
Posted at 05:00 PM by Howard Bashman



"Anonymous online reviews may not be so anonymous": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has a report that begins, "On Wednesday, the Public Citizen Litigation Group filed an appeal for the online review site Yelp, asking the Virginia Court of Appeals to review a trial-court order compelling Yelp to reveal the identity of seven anonymous reviewers who complained about a Washington carpet-cleaning service that subsequently sued them for libel and defamation."
Posted at 04:09 PM by Howard Bashman


"Tribe offers predictions on gay marriage rulings": Harvard Law School has posted this news release online today.
Posted at 04:05 PM by Howard Bashman


"Judges appear sympathetic to Interior's limits on importation of polar bear hides": Jeremy P. Jacobs of Greenwire has this report.
Posted at 03:42 PM by Howard Bashman


"Audio: Anthony Kennedy, Associate Justice of the Supreme Court." During the 43rd Annual Washington Conference on the Americas of the Council of the Americas, Ray Suarez of The PBS NewsHour interviewed Justice Anthony M. Kennedy. You can access audio from the interview via this link.
Posted at 02:50 PM by Howard Bashman


"Paul Clement's Brief for Petitioner in Bond v. United States": Nick Rosenkranz has this post today at "The Vokokh Conspiracy." You can access the brief at this link.
Posted at 02:45 PM by Howard Bashman


"Copyright 'Vigilante' Out in the Cold": At her "Trial Insider" blog, Pamela A. MacLean has a post that begins, "They call Righthaven a 'copyright troll,' and a 'copyright vigilante,' seeking out websites to sue for reposting online newspaper stories. But the one thing Righthaven is not: a copyright owner, according to the 9th U.S. Circuit Court of Appeals Thursday."

And at his "Technology & Marketing Law Blog," Eric Goldman has a post titled "Copyright Trolling Is Really Hard to Do Profitably -- Righthaven v. Hoehn."

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

Update: In other coverage, Nate Anderson of Ars Technica reports that "Copyright troll Righthaven finally, completely dead; Never had standing to sue, Ninth Circuit confirms."
Posted at 01:36 PM by Howard Bashman



"Appeals court: Michigan law barring collection of school union dues legal." The Detroit News has this update reporting on the ruling that a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 01:26 PM by Howard Bashman


"Role reversal for lawmakers at Tom Perez hearing": Josh Gerstein of Politico.com has this report.
Posted at 08:47 AM by Howard Bashman


"Experts say judge's 'shaming' order for Orie Melvin may not be enforceable; Legal experts raise constitutional issues": In today's edition of The Pittsburgh Post-Gazette, Paula Reed Ward has an article that begins, "The sentence handed down by Allegheny County Common Pleas Judge Lester Nauhaus on Tuesday to Joan Orie Melvin likely was meant to humiliate the former justice on the Pennsylvania Supreme Court."

And in yesterday's edition of The Pittsburgh Tribune-Review, columnist Eric Heyl had an op-ed titled "Wow, judge! Show mercy on Melvin."
Posted at 08:45 AM by Howard Bashman



"Supreme Court to make crucial rulings on race": Richard Wolf has this article today in USA Today.
Posted at 08:20 AM by Howard Bashman


"Constitution Check: Will same-sex marriage momentum influence the Supreme Court?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:04 AM by Howard Bashman


Wednesday, May 8, 2013

"Former Detainee's Appeal Cites Long Wait for a Trial": In Thursday's edition of The New York Times, Benjamin Weiser will have an article that begins, "A lawyer for the only terrorist detainee to be held at the military prison at Guantanamo Bay, Cuba, and then tried in the civilian court system asked a federal appeals court on Wednesday to overturn his conviction, on the grounds that his long detention violated his right to a speedy trial."
Posted at 10:22 PM by Howard Bashman


"California Supreme Court wrestles with spousal rights case": Howard Mintz of The San Jose Mercury News has this update.
Posted at 06:23 PM by Howard Bashman


"Google Says Authors Can't Sue Over Digital Books as Group": Bloomberg News has a report that begins, "Google Inc. asked an appeals court to deny class status to a group of authors who claim in a $3 billion lawsuit that the company's project to digitally copy millions of books from libraries violates their copyrights."

And Reuters reports that "U.S. court scrutinizes class suit against Google e-book project."
Posted at 05:28 PM by Howard Bashman



"Justice Scalia Once Called Elmhurst Home": This article appears in today's edition of The Western Queens Gazette of Long Island City, New York.
Posted at 03:26 PM by Howard Bashman


"In HLS Classes, Women Fall Behind": Today's edition of The Harvard Crimson contains a lengthy article that begins, "Among the top students in their graduating classes, men and women entering Harvard Law School earn similar undergraduate grades and LSAT scores. But as soon as students step into Wasserstein Hall, a dramatic gender disparity emerges."
Posted at 03:22 PM by Howard Bashman


"Is the Bahlul case coming apart?" Lyle Denniston has this post at "SCOTUSblog."
Posted at 03:07 PM by Howard Bashman


"Sanctions May Be Least Of 'Copyright Troll' Worries As Matter Is Referred To Feds, IRS": Kelly Phillips Erb has this blog post at Forbes.com.
Posted at 02:23 PM by Howard Bashman


"Goldstein Civil Rights Suit Reinstated": Pamela A. MacLean has this post at her "Trial Insider" blog reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 02:09 PM by Howard Bashman


"GOP seeks more donor freedom": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 01:47 PM by Howard Bashman


"Should PA judges have to retire at 70?: The Supreme Court hears the arguments." The Patriot-News of Harrisburg, Pennsylvania has this update.
Posted at 01:40 PM by Howard Bashman


"Pennsylvania Supreme Court approves revised redistricting maps": The Pittsburgh Post-Gazette has this news update.

The Philadelphia Inquirer has a news update headlined "Pa. high court OKs revised legislative map."

The Pittsburgh Tribune-Review has a news update headlined "State Supreme Court upholds legislative reapportionment plan."

The Morning Call of Allentown, Pennsylvania has a news update headlined "Pa. Supreme court upholds new legislative boundaries for House and Senate; Decision comes after justices rejected the first map in January; clears way for Hispanic seat in Allentown."

And The Associated Press reports that "Pa. high court upholds redrawn legislative maps."

Today's ruling of the Supreme Court of Pennsylvania consists of the opinion of the court and a concurring opinion.
Posted at 01:36 PM by Howard Bashman



"Judges skeptical of states challenging EPA regulatory authority": Jeremy P. Jacobs of Greenwire had this report yesterday.
Posted at 10:42 AM by Howard Bashman


"RNC urges Supreme Court to strike campaign-finance limits": Sam Baker has this blog post online at The Hill.

Late Monday, the James Madison Center issued a news release titled "Opening Brief Filed in U.S. Supreme Court in Challenge to the Federal Biennial, Individual Aggregate Limits on Contributions to Political Parties and Candidates." You can access the brief by clicking here.
Posted at 08:57 AM by Howard Bashman



"Labor nominee under fire for St. Paul pullout from Supreme Court case": Minnesota Public Radio has this report.
Posted at 08:54 AM by Howard Bashman


"Appeals court affirms new trial for man convicted of Glenpool double murder": Today's edition of The Tulsa World contains this article reporting on a ruling that the U.S. Court of Appeals for the Tenth Circuit issued Monday.
Posted at 08:52 AM by Howard Bashman


"Obama stands firm in 'sensitive' jobs fight": Josh Gerstein of Politico.com has this blog post.
Posted at 08:44 AM by Howard Bashman


"Orie Melvin, sister guilty of corruption, put on house arrest; Orie Melvin given order for creative apology": Paula Reed Ward has this article today in The Pittsburgh Post-Gazette.

And in today's edition of The Pittsburgh Tribune-Review, Adam Brandolph has articles headlined "Melvin sentenced to 3 years of house arrest, 2 years of probation for using state employees for campaign work" and "Nauhaus says prison costly, taxpayers 'paid enough.'"
Posted at 08:42 AM by Howard Bashman



"In California, Push for College Diversity Starts Earlier": Today's edition of The New York Times contains an article that begins, "As the Supreme Court weighs a case that could decide the future of affirmative action in college admissions, California offers one glimpse of a future without it."
Posted at 07:52 AM by Howard Bashman


"Episode I -- A More Perfect Union": PBS has posted online at this link the entire first episode of "Constitution USA with Peter Sagal," which made its television debut last night.
Posted at 07:42 AM by Howard Bashman


"Prenda lawyer downplays devastating order, promises appeal; Judge Wright is 'no fan of intellectual property law,' says John Steele": Joe Mullin of Ars Technica has this report.

And Nate Anderson has an essay titled "Why weren't the Prenda porn trolls stopped years ago? Judges have complained about their tactics for years."
Posted at 07:40 AM by Howard Bashman



Tuesday, May 7, 2013

"Death row inmate Willie Jerome Manning gets reprieve": The Clarion-Ledger of Jackson, Mississippi has this news update. The newspaper has posted the order of the Supreme Court of Mississippi, and the dissent therefrom, at this link.

And in other coverage, The New York Times has a news update headlined "With Hours Left to Go, Execution Is Postponed."
Posted at 09:33 PM by Howard Bashman



"Judge in NYC rips opposition to Plan B order": The Associated Press has this report.
Posted at 09:17 PM by Howard Bashman


"The Best Little Boy in the World -- That's Me": Adam D. Chandler, whose blog posts and other writings I have previously linked to (see here, here, and here, for example), has this op-ed today in The New York Times.
Posted at 01:46 PM by Howard Bashman


"From Sacrifice to Rhetorical Device, the Spirit of Spock Lives On": Jacob Gershman has this post (free access) today at WSJ.com's "Law Blog."
Posted at 01:25 PM by Howard Bashman


"In D.C. Circuit, Lobbyists Fight Obama Lobbying Ban": Andrew Ramonas has this post today at "The BLT: The Blog of Legal Times."
Posted at 01:23 PM by Howard Bashman


"Appeals court strikes down union poster rule": The Associated Press has a report that begins, "A federal appeals court has struck down a National Labor Relations Board rule that would have required millions of businesses to put up posters informing workers of their right to form a union."

And David Ingram of Reuters reports that "U.S. appeals court strikes down mandate on union rights."

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

Update: In other coverage, Tom Schoenberg of Bloomberg News reports that "Labor Board Union Poster Rule Rejected by Appeals Court."
Posted at 12:06 PM by Howard Bashman



"Melvin sentenced to 3 years of house arrest, 2 years of probation for using state employees for campaign work": Adam Brandolph of The Pittsburgh Tribune-Review has a news update that begins, "An Allegheny County Judge on Tuesday sentenced former state Supreme Court Justice Joan Orie Melvin to serve three years of house arrest and two years of probation for using her state-paid employees to campaign for a seat on the state's highest court."

Update: In other coverage, Paula Reed Ward of The Pittsburgh Post-Gazette has a news update headlined "Orie Melvin must write apology letters to Pennsylvania judges on photos of herself."
Posted at 11:40 AM by Howard Bashman



"What's Next For Guantanamo?" This audio segment featuring Carol Rosenberg of The Miami Herald and Ben Wittes of the "Lawfare" blog appeared on yesterday's broadcast of NPR's "On Point" with Tom Ashbrook.
Posted at 08:50 AM by Howard Bashman


"High court sides with cities wishing to ban pot shops": Denny Walsh has this article today in The Sacramento Bee.

Today's edition of The Los Angeles Times contains a front page article headlined "California Supreme Court upholds pot dispensary bans; In a unanimous decision, the court rules that local governments have the power to rezone dispensaries out of existence; The decision upholds bans in about 200 cities."

Bob Egelko of The San Francisco Chronicle reports that "Pot dispensary ban OKd by Calif. top court."

My earlier coverage of yesterday's California Supreme Court ruling can be accessed here.
Posted at 08:47 AM by Howard Bashman



"Former Pennsylvania Justice Orie Melvin, sister face sentencing today": This article appears today in The Pittsburgh Post-Gazette.
Posted at 08:27 AM by Howard Bashman


"Supreme Court Justice Elena Kagan thanks Lugar, cites 'courage' in vote": The Associated Press has this report.
Posted at 08:24 AM by Howard Bashman


"Judge fines firm for improperly enforcing porn copyrights": The Los Angeles Times has an article that begins, "A company that made millions of dollars by suing people for improperly viewing pornographic movies on the Internet repeatedly deceived courts while 'seeking easy money' from people too embarrassed to defend themselves, a federal judge ruled Monday."

And at "Popehat," Ken White has a post titled "Does Prenda Believe In No-Win Scenarios? Because Judge Wright Just Gave Them One."

This blog's earlier coverage of yesterday's ruling can be accessed here.
Posted at 08:21 AM by Howard Bashman



"Constitution Check: What is the government's role on teen sex?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:05 AM by Howard Bashman


"Justice O'Connor Regrets": Jeffrey Toobin has this blog post online at The New Yorker.
Posted at 08:02 AM by Howard Bashman


Monday, May 6, 2013

"Florida's Cuba Contract Ban Blocked by U.S. Appeals Court": Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 10:42 PM by Howard Bashman


"Prenda hammered: Judge sends porn-trolling lawyers to criminal investigators; Lawyers who lied and obfuscated for years face disbarment and a $82,000 fine." Joe Mullin of Ars Technica has this report.

And at Wired.com's "Threat Level" blog, David Kravets has a post titled "Judge Asks IRS, Feds to Investigate Copyright-Trolling Attorneys."
Posted at 09:30 PM by Howard Bashman



"It's Her Beloved World, And We're Just Living In It: Justice Sotomayor Speaks on Free Speech." David Lat has this post today at "Above the Law."
Posted at 08:18 PM by Howard Bashman


"Meet the Most Important Ted Cruz Birther: Ted Cruz; Ted Cruz is eligible to be president under almost any reading of the Constitution -- except his own." Noam Scheiber has this essay online today at The New Republic.

And online at The Hill, Alexander Bolton reports that "Republicans ride on Cruz control."
Posted at 08:14 PM by Howard Bashman



ABC has posted online the video of Justice Sonia Sotomayor's appearance today on "The View": You can access two video clips from the interview -- clip one and clip two. In addition, you can access the complete episode, containing the entire interview, by clicking here. According to Barbara Walters, Justice Sotomayor is the first U.S. Supreme Court justice to appear on that program.
Posted at 04:15 PM by Howard Bashman


"EPA to defend its greenhouse gas emission rules tomorrow": Jeremy P. Jacobs and Jean Chemnick of Greenwire have this report.
Posted at 03:12 PM by Howard Bashman


"The 'Plan B' pill dispute explained": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 02:36 PM by Howard Bashman


"Court: California cities can ban pot shops." The Associated Press has this report on a ruling that the Supreme Court of California issued today.

And Howard Mintz of The San Jose Mercury News has an update headlined "Medical pot: California Supreme Court allows cities to ban weed dispensaries."
Posted at 01:14 PM by Howard Bashman



"Jeffrey Rosen Named President & CEO of the National Constitution Center": The National Constitution Center issued this news release today.

Additional information can be accessed here (print) and here (YouTube video).
Posted at 01:07 PM by Howard Bashman



"Once Home to Kagan and Warren, HLS Faculty Still Only 20 Percent Female": This article -- the first in a three-part series -- appears today in The Harvard Crimson.
Posted at 12:10 PM by Howard Bashman


"Truth and Consequences: When should the state be allowed to take your DNA? The Supreme Court's answer to that question could determine whether a Maryland rapist goes free." Harry Jaffe has this lengthy article in the May 2013 issue of Washingtonian magazine.
Posted at 10:15 AM by Howard Bashman


"California Supreme Court case: When 'I do' may not be enough." Howard Mintz has this article today in The San Jose Mercury News.
Posted at 08:30 AM by Howard Bashman


"California's high court to rule on city bans of pot stores": Maura Dolan of The Los Angeles Times has this news update.

The Supreme Court of California is scheduled to issue the ruling at 1 p.m. eastern time today.
Posted at 08:27 AM by Howard Bashman



"A Court Rule Directs Cases Over Friskings to One Judge": Joseph Goldstein has this article today in The New York Times.
Posted at 08:20 AM by Howard Bashman


Sunday, May 5, 2013

"The Rule of Lawyers: Law-school applications today have dropped to 54,000 annually, from 100,000 in 2004; But the profession will continue to thrive." In Monday's edition of The Wall Street Journal, law professor Richard A. Epstein will have this review of Steven J. Harper's newest book, "The Lawyer Bubble: A Profession in Crisis."
Posted at 10:12 PM by Howard Bashman


"Death penalty needs real reform, not speed-up": Raoul Cantero and Mark Schlakman have this op-ed in The Miami Herald.
Posted at 09:51 PM by Howard Bashman


"'The Price of Justice': West Virginia legal gothic; When a coal baron bullied and bankrupted a small operator, two Pittsburgh lawyers took on the case -- all the way to the U.S. Supreme Court; Laurence Leamer's 'straightforward and elegant' account brings the facts to life." In today's edition of The Pittsburgh Post-Gazette, Len Boselovic has this review of Laurence Leamer's new book, "The Price of Justice: A True Story of Greed and Corruption."
Posted at 09:42 PM by Howard Bashman


Justice Sonia Sotomayor is scheduled to appear on tomorrow's broadcast of ABC's "The View": Details at this link.

And The Associated Press reports that "Sotomayor speaks at NYC literature festival."
Posted at 09:35 PM by Howard Bashman



"A judicial salary case? No, thanks." In Monday's edition of The Washington Post, Robert Barnes will have an article that begins, "Early on in his tenure, Chief Justice John G. Roberts Jr. banged the drum so loudly for better pay for federal judges that he got accused of hyperbole for calling the issue a 'constitutional crisis.'"
Posted at 08:47 PM by Howard Bashman


"The Case for Full Restitution for Child Pornography Victims": Law professor Paul G. Cassell, attorney James Marsh, and law student Jeremy M. Christiansen have this article online at SSRN.
Posted at 08:42 PM by Howard Bashman


"A clear case of self-defense rallies supporters of gun rights": This lengthy article appears today in The Washington Post.
Posted at 11:18 AM by Howard Bashman


"Under the U.S. Supreme Court: Justices ready to change America." Michael Kirkland of UPI has this report.
Posted at 11:15 AM by Howard Bashman


Saturday, May 4, 2013

"Texas leaders, educators and courts grapple with segregated schools": This article will appear in Sunday's edition of The Dallas Morning News.
Posted at 11:58 PM by Howard Bashman


"Alaska Supreme Court upholds state rejection of anti-abortion initiative": Today's edition of The Anchorage Daily News contains an article that begins, "The Alaska Supreme Court Friday unanimously upheld a lower court decision that a voter initiative banning all abortions could not appear on the Alaska ballot because it was unconstitutional."

You can access yesterday's ruling of the Supreme Court of Alaska at this link.
Posted at 07:58 PM by Howard Bashman



"In this episode, Judge Correale Stevens explains the five different courts of the Unified Judicial System of Pennsylvania, the role of a Judge in and out of a courtroom and how he came to be the President Judge of the PA Superior Court." You can access via this link the video of a program that aired earlier this week on the Pennsylvania Cable Network.

The Superior Court is one of Pennsylvania's two intermediate appellate courts and is also one of the busiest appellate courts in the nation.
Posted at 07:50 PM by Howard Bashman



"Toys R Us appeals $20M award in Mass. slide death": The Associated Press has this report.
Posted at 07:44 PM by Howard Bashman


"NRA's next president to lead its court fights against gun control": Reuters has an article that begins, "Alabama lawyer Jim Porter, in line to become the next president of the National Rifle Association, is expected to spearhead the group's court challenges of gun-control laws enacted in several states since the Newtown, Connecticut, school shooting massacre."
Posted at 07:32 PM by Howard Bashman


"Corporations Find a Friend in the Supreme Court": Adam Liptak will have this article in Sunday's edition of The New York Times.
Posted at 07:30 PM by Howard Bashman


"Send Judges to Guantanamo, Then Shut It": Law professor Bruce Ackerman and Eugene R. Fidell have this op-ed today in The New York Times.
Posted at 01:42 PM by Howard Bashman


"Read Dahlia Lithwick's Award-Winning Supreme Court Coverage; Slate brings home a National Magazine Award for columns and commentary": Slate has posted online this item.
Posted at 01:22 PM by Howard Bashman


"Pivotal medical marijuana Supreme Court ruling coming Monday": "The Watchdog Blog" of The Press-Enterprise of Riverside, California has a post that begins, "The California Supreme Court will rule Monday, May 6 on a Riverside case that will decide whether local governments can ban storefront medical marijuana dispensaries."
Posted at 01:15 PM by Howard Bashman


"Former justice alleges Mich. Supreme Court misconduct in forthcoming book": This article appears today in The Detroit News.

This blog's previous coverage of the book appeared in this post from Thursday.
Posted at 01:04 PM by Howard Bashman



"Inside the Roberts Court": Monday's edition of The National Law Journal will contain this lengthy excerpt from Marcia Coyle's new book, "The Roberts Court: The Struggle for the Constitution."
Posted at 10:32 AM by Howard Bashman


"A Place to Chill in Cold War: Justices Planned to Hold Court at Mountain Resort After Nuclear Attack, Memos Show." Jess Bravin has this article today in The Wall Street Journal.

Yesterday, Mike Sacks interviewed Bravin on HuffPost Live about Bravin's new book, "The Terror Courts: Rough Justice At Guantanamo Bay."
Posted at 09:22 AM by Howard Bashman



Friday, May 3, 2013

"Guantanamo camp burns through $900,000 a year per inmate": Reuters has this report.

And at Politico.com, Josh Gerstein has a blog post titled "Could Obama just release Guantanamo prisoners?"
Posted at 11:58 PM by Howard Bashman



"Boston Marathon Bombing Prosecutor Carmen Ortiz, Once Excoriated, Now Hailed for Toughness": David Stout has this article online today at Main Justice.
Posted at 03:57 PM by Howard Bashman


"Justice pay cut pulled before vote; The House passes the court system bill 90-3 without it": The Des Moines Register has an article that begins, "For a few minutes Thursday on the Iowa House floor, it looked as though a noncontroversial budget bill funding the state's court system would become the latest flashpoint in the debate over same-sex marriage."
Posted at 03:11 PM by Howard Bashman


"Rail Companies Push to Decertify Class in Antitrust Case": Zoe Tillman has this post at "The BLT: The Blog of Legal Times."
Posted at 03:09 PM by Howard Bashman


"President Obama's First-Term U.S. Circuit and District Court Nominations: An Analysis and Comparison with Presidents Since Reagan." The Congressional Research Service issued this report yesterday.
Posted at 02:50 PM by Howard Bashman


"Clarence Thomas Suggests 'Elites' Like Obama Because He's What 'They Expect From a Black Person'": Adam Serwer has this blog post today at Mother Jones.

And at TPM DC, Sahil Kapur has a report headlined "Clarence Thomas: Obama Is First Black President Thanks To Approval From 'Elites And Media.'"

The earliest coverage of these specific remarks appears to be a post yesterday at Fox Nation titled "Clarence Thomas: Obama 'Approved By The Elites' Because He Says What They 'Expect From A Black Person.'"
Posted at 01:09 PM by Howard Bashman



"Florida court clamps down on cops searching through cellphones": This article appears today in The Miami Herald.

I previously mentioned yesterday's Florida Supreme Court ruling in this post from yesterday.
Posted at 12:56 PM by Howard Bashman



"Death penalty supporters launch petition drive; Group seeks to overturn law repealing capital punishment": The Baltimore Sun has this news update.
Posted at 12:50 PM by Howard Bashman


"Edith Windsor Takes Back What She Said About Topless Gay Activists": This interview will appear in Sunday's edition of The New York Times Magazine.
Posted at 12:48 PM by Howard Bashman


"Law office says defense lawyer's death not linked to Guantanamo": Carol Rosenberg of The Miami Herald has this report.
Posted at 12:46 PM by Howard Bashman


"Federal courts feeling the pinch from sequestration": The Austin American-Statesman contains this article today.
Posted at 11:20 AM by Howard Bashman


"States try to tackle 'secret money' in politics; With campaign donations up and a lack of federal action, a joint effort aims to lift the shadows on tax-exempt political advocacy groups and trade associations": This front page article appears today in The Los Angeles Times.
Posted at 11:14 AM by Howard Bashman


"Gov. Jerry Brown proposes plan for California prison crisis 'under protest'": Howard Mintz of The San Jose Mercury News has an article that begins, "With the threat of contempt proceedings handing over his administration, Gov. Jerry Brown late Thursday night reluctantly offered a plan to meet a court-ordered deadline for ending California's prison overcrowding crisis while at the same vowing to appeal the court orders to the U.S. Supreme Court."

In today's edition of The Sacramento Bee, Denny Walsh has a front page article headlined "Brown says more prison releases require Legislature to act."

The Los Angeles Times reports that "Jerry Brown offers early releases, private prisons to ease crowding."

And The Associated Press reports that "California details plans to reduce prison crowding."
Posted at 11:08 AM by Howard Bashman



"Iowa Supreme Court: Birth certificate should name both lesbian parents." The Des Moines Register has this news update.

And The Associated Press has a report headlined "Court: Iowa must recognize both lesbian parents."

You can access today's ruling of the Supreme Court of Iowa at this link.
Posted at 10:33 AM by Howard Bashman



"A slur against Scalia: An innocent remark is twisted into a bizarre absurdity." Michael P. Tremoglie has this op-ed today in The Washington Times.
Posted at 10:24 AM by Howard Bashman


Thursday, May 2, 2013

"The D.C. Circuit 'Clarifies' Scope of Bahlul En Banc Rehearing": Steve Vladeck has this post at "Lawfare."
Posted at 10:30 PM by Howard Bashman


"Justice Sotomayor: new justice center a 'magnificent tribute.'" The Denver Post has this news update.
Posted at 10:22 PM by Howard Bashman


"Governor has 90 days to fill Supreme Court seat left vacant by Orie Melvin": This article appears today in The Pittsburgh Post-Gazette.
Posted at 09:54 PM by Howard Bashman


"Force-feeding order did not violate inmate's rights: Court of Appeals." Reuters has this report on a ruling that the New York State Court of Appeals -- that state's highest court -- issued today.
Posted at 09:00 PM by Howard Bashman


"President Obama Can Shut Guantanamo Whenever He Wants: Congress isn't actually stopping him." Law professor Eric Posner has this essay online at Slate.
Posted at 08:27 PM by Howard Bashman


"Family of American killed in Pakistan Marriott bombing can sue hotel in U.S." Michael Doyle of McClatchy Newspapers has this report.

My earlier coverage of yesterday's Fourth Circuit ruling appears at this link.
Posted at 08:17 PM by Howard Bashman



"Sotomayor cites Boston on perils of profiling": The Associated Press has this report.
Posted at 07:25 PM by Howard Bashman


"Court mulls liability standard in cases of cow and horse": Reuters has this report on two separate rulings (access here and here) that the New York State Court of Appeals -- that state's highest court -- issued today.
Posted at 05:55 PM by Howard Bashman


"U.S. attorney general tells Gov. Brownback new state gun law is unconstitutional": The Wichita Eagle has a news update that begins, "One day after Gov. Sam Brownback signed new gun legislation into law, U.S. Attorney General Eric Holder sent him a letter saying the law criminalizes the enforcement of federal gun controls in the state, is unconstitutional and that he's willing to go to court to fight for that claim." You can view Attorney General Holder's letter at this link.

Also today, Lois Beckett of ProPublica has an article headlined "Nullification: How States Are Making It a Felony to Enforce Federal Gun Laws."

Update: In other coverage, John Celock of The Huffington Post reports that "Eric Holder Tells Sam Brownback That Kansas' New Gun Law Is Unconstitutional."
Posted at 04:30 PM by Howard Bashman



"Sandra Day O'Connor's Doubts on Bush v. Gore": Adam Liptak of The New York Times appeared on today's broadcast of WNYC Radio's "The Brian Lehrer Show." You can access the audio via this link.
Posted at 04:25 PM by Howard Bashman


The Colorado Judicial Branch's live video stream of today's "Justice Sotomayor Event" has just begun: You can access the live video by clicking here.
Posted at 03:39 PM by Howard Bashman


"Florida Supreme Court Deepens Lower Court Split on Searching a Cell Phone Incident to Arrest": Orin Kerr has this post at "The Volokh Conspiracy" about a ruling that the Supreme Court of Florida issued today.
Posted at 01:58 PM by Howard Bashman


"Guantanamo and Torture: It's Up to Obama." Law professor David Cole has this post today at the blog of The New York Review of Books.

And The New York Times has posted online a Room for Debate discussion titled "The Ethics of Force-Feeding Inmates."
Posted at 01:55 PM by Howard Bashman



"Death penalty changes rejected": In today's edition of The San Francisco Chonicle, Bob Egelko has an article that begins, "Prosecutor-backed legislation to shorten death penalty appeals in California, and bring back the gas chamber, has been rejected by a state Senate committee."
Posted at 01:18 PM by Howard Bashman


"Thompson to be high court's next chief justice": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "Justice Hugh Thompson will be the Georgia Supreme Court's next chief justice beginning Aug. 15, the court announced Thursday."
Posted at 12:44 PM by Howard Bashman


Sahil Kapur of TPM DC is reporting: Today, he has articles headlined "Jeff Merkley Escalates Push For Filibuster Reform" and "Obama DOJ Appeals Judge's Ruling On Morning-After Pill."
Posted at 12:00 PM by Howard Bashman


"Coming soon: Scalia and Ginsburg, the Opera." Kimberly Atkins has this post today at the "DC Dicta" blog of Lawyers USA.
Posted at 11:57 AM by Howard Bashman


"Decoding the gay-marriage oral arguments": Law professor Erwin Chemerinsky has this essay online today at the "Law News Now" blog of ABA Journal.
Posted at 11:55 AM by Howard Bashman


"Guantanamo Hunger Strike Lays Bare Detainees' Growing Desperation": Ryan J. Reilly of The Huffington Post has this report.

And today's broadcast of NPR's "Morning Edition" contained an audio segment titled "Hunger-Striking Detainees At Guantanamo Are Force-Fed" featuring Carol Rosenberg of The Miami Herald.
Posted at 11:45 AM by Howard Bashman



"Ex-chief justice pens book about court's 'dark money'": Last Sunday's edition of The Traverse City (Mich.) Record-Eagle contained an article that begins, "The Michigan Supreme Court is corrupted by 'dark money,' secrecy and ideology. So contends former Supreme Court Chief Justice Elizabeth Weaver, a Republican from Glen Arbor, who's co-authored a book in which she alleges Michigan's highest court often rules on behalf of special interest groups that bankroll judges' election campaigns, as opposed to the merits of cases."

You can learn more about the book via this link.
Posted at 11:07 AM by Howard Bashman



"Religious disputes heading to court": Mark Morris of The Kansas City Star has an article that begins, "Disputes over religion and personal expression aren't just for Christmas anymore."
Posted at 11:00 AM by Howard Bashman


For those keeping score at home: Monday will be this blog's 11th birthday.

And in other news, the winner of this blog's current book give-away -- who will receive a copy of Marcia Coyle's new book, "The Roberts Court: The Struggle for the Constitution" -- is about to graduate from the William & Mary Law School in Williamsburg, Virginia. If that doesn't describe you, then you didn't win. Thanks to all who entered the contest for making the choice of a winner such a difficult decision.
Posted at 10:42 AM by Howard Bashman



"Q+A: Jeff Fisher, co-director of the Supreme Court Litigation Clinic." This interview appeared Tuesday in The Stanford Daily.
Posted at 09:07 AM by Howard Bashman


"Supreme Court Justice Sotomayor in Denver Thursday": The Denver Post has this report.

Via the web site of Colorado's Judicial Branch, you can access here the links to "Watch Justice Sotomayor speak live at the public dedication ceremony at the Ralph L. Carr Colorado Judicial Center on May 2nd at 1:30PM!"
Posted at 09:00 AM by Howard Bashman



"Pace of justice at Air Force appeals court comes under scrutiny": Michael Doyle of McClatchy Newspapers has this report.
Posted at 08:56 AM by Howard Bashman


"The Origins and Meaning of 'Vacancies that May Happen During the Recess' in the Constitution's Recess Appointments Clause": Robert G. Natelson has posted this article online at SSRN (via "Legal Theory Blog").
Posted at 08:55 AM by Howard Bashman


"Do cellphone distracted driver laws go too far? Court will decide." The Los Angeles Times had this blog post yesterday.

Last week, the newspaper published a related article headlined "Driver ticketed for using iPhone's map app isn't giving up yet; Steven Spriggs, who maintains that he was driving safely at the time, isn't taking 'convicted' for an answer; Urged on by supporters, he has filed another appeal."
Posted at 08:51 AM by Howard Bashman



"Constitution Check: Was the court wrong in agreeing to decide and in its ruling in Bush v. Gore?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:42 AM by Howard Bashman


"How the Chamber of Commerce conquered the Supreme Court": Zachary Roth has this essay online today at msnbc.

The interim report that the Constitutional Accountability Center issued yesterday is titled "Not-So-Risky Business: The Chamber of Commerce's Quiet Success Before the Roberts Court -- An Early Report for 2012-2013."
Posted at 08:37 AM by Howard Bashman



"What options does Obama have to close Guantanamo?" Susan Cornwell and Jane Sutton of Reuters have this report.
Posted at 08:27 AM by Howard Bashman


"U.S. to Defend Age Limits on Morning-After Pill Sales": Today's edition of The New York Times contains an article that begins, "The Obama administration moved Wednesday to keep girls under 15 from having over-the-counter access to morning-after pills, as the Justice Department filed a notice to appeal a judge's order that would make the drug available without a prescription for girls and women of all ages."

The Los Angeles Times reports that "Government will appeal Plan B emergency birth control ruling."

The "Wonkblog" of The Washington Post has an entry titled "Obama administration plans to appeal Plan B ruling."

The Associated Press reports that "Women's groups decry appeal on morning-after pill."

Terry Baynes of Reuters reports that "FDA appeals making 'morning-after' pill available to all ages."

And Bloomberg News reports that "Ruling on Plan B Pill for All Ages Appealed by U.S."
Posted at 08:24 AM by Howard Bashman



"The Supreme Court vs. Freedom of Information: The justices undermine a core constitutional protection in McBurney v. Young." Damon W. Root has this essay online at Reason.
Posted at 08:04 AM by Howard Bashman


Wednesday, May 1, 2013

"Appeals court in Va. reinstates wrongful death suit against Marriott stemming from '08 bombing": The Associated Press has this report.

Bloomberg News reports that "Marriott Can Be Sued in U.S. Suit Over Islamabad Bombing."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 11:02 PM by Howard Bashman



"Who's Sorry Now": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 09:12 PM by Howard Bashman


"Sandra Day Late: Retired Justice O'Connor regrets the Supreme Court's lurch to the right; So why didn't she stay and prevent it?" Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 04:51 PM by Howard Bashman


Update on this blog's current book give-away, for a copy of Marcia Coyle's new book, "The Roberts Court: The Struggle for the Constitution." The deadline for entries was noon today. Tonight, all of the entries will be reviewed, and a winner will be selected. Tomorrow morning, the winner will be notified by email, and the book will be mailed to the winner. Thanks to all who entered!
Posted at 04:22 PM by Howard Bashman


"Orie Melvin's Resignation Official Today": Today at "The Legal Intelligencer Blog," Amaris Elliott-Engel has a post that begins, "Suspended Justice Joan Orie Melvin's stint on the Pennsylvania Supreme Court is over today."
Posted at 03:05 PM by Howard Bashman


"Man in Landmark Supreme Court GPS Case Pleads Guilty": Zoe Tillman has this post today at "The BLT: The Blog of Legal Times."
Posted at 02:51 PM by Howard Bashman


More Savage coverage of Guantanamo: Online at Maclean's, Luiza Ch. Savage has an item headlined "Five things to know about Obama and Guantanamo."
Posted at 02:45 PM by Howard Bashman


"Is the president's recess appointment power effectively dead?" Dominic Perella has this essay online at msnbc.

And Amanda Becker of Reuters has an article headlined "NLRB is casualty of larger political battle, ex-head says."
Posted at 02:22 PM by Howard Bashman



"Q&A: Daniel Crane on customer discounts and antitrust law." Andrew Longstreth of Reuters has an article that begins, "When the U.S. Supreme Court on Monday declined to take an appeal by electrical and hydraulic systems maker Eaton Corp Plc, it came as a disappointment to Daniel Crane, a professor at the University of Michigan Law School."
Posted at 02:20 PM by Howard Bashman


"The First Amendment and the 'Reparative' Therapy Cases": Online at The National Law Journal, Robert McNamara and Paul Sherman have an essay that begins, "Recently, a panel of the U.S. Court of Appeals for the Ninth Circuit heard oral argument in what are bound to be two of this year's most controversial cases."
Posted at 11:42 AM by Howard Bashman


"Proposed E-Commerce Taxation Bill Might be Unconstitutional": Michael P. Abate has this essay (click here for free access to the full text) at Law360.com.
Posted at 11:38 AM by Howard Bashman


Access online the opening brief for appellants filed in the Pa. Supreme Court by the current and former judges challenging the constitutionality of Pennsylvania's mandatory retirement age for state judges: You can access the Brief for Appellants at this link. Although I have not carefully reviewed the brief, I did notice that it violates one of my brief formatting pet peeves -- using italics when you don't have the italics version of the brief's font installed.

If anyone forwards to me electronic copies of the other appellate briefs filed in this case, I will be glad to make them available too. Oral argument is scheduled to occur one week from today in Harrisburg.
Posted at 11:34 AM by Howard Bashman



"Sandra Day O'Connor: H.W. Bush Victory Was 'Vital for the Court'; An old letter suggests she too once saw the Supreme Court as a political body." Linda Hirshman has this essay online at The New Republic.
Posted at 09:34 AM by Howard Bashman


"Guest Post: Nine Reasons why the Supreme Court Should Side with Myriad and Affirm the Patenting of Isolated Human Genes." Benjamin Jackson, senior director of legal affairs at Myriad Genetics, Inc., had this guest post yesterday at the blog "Patently-O."
Posted at 09:30 AM by Howard Bashman


"Prof. Arthur Miller on the classic in rem case involving a 68-carat diamond": NYU Law has this tweet linking to an article that Maclean's Magazine has posted online headlined "One diamond's dark and mysterious past: Meet the Maltese Falcon-like gemstone that sparked a five-year storm of desire, political intrigue and crime."
Posted at 09:20 AM by Howard Bashman


Happy Law Day, everyone! As Wikipedia explains, "Implemented as a Cold War stunt to combat communism, as the rest of the world recognizes May Day as International Workers' Day, Law Day is not commonly recognized by the American public."

Meanwhile, for those -- like me -- who have a college-bound high school senior in the household, today's broadcast of NPR's "Morning Edition" contained a friendly reminder segment titled "High School Seniors Must Secure College Spots With Deposits."
Posted at 09:14 AM by Howard Bashman



"Amid Hunger Strike, Obama Renews Push to Close Cuba Prison": Charlie Savage has this front page article today in The New York Times. The newspaper also contains an editorial titled "The President and the Hunger Strike."

Today's edition of The Los Angeles Times contains an article headlined "Obama renews call to close Guantanamo prison; Responding to a mass hunger strike and forced feedings at the military prison at Guantanamo Bay, President Obama ends a long silence on the issue and again urges Congress to shut it." The newspaper also contains an editorial titled "Erasing the stain of Guantanamo: President Obama shares culpability in the failure to close the prison, and it's up to him to take action now."

The Washington Post reports that "Obama vows a new effort to close Guantanamo Bay prison." The newspaper also contains an editorial titled "President Obama must make closing Guantanamo a priority."

At Politico.com, Josh Gerstein has an article headlined "Gitmo: An Obama 'imperative' -- but not a priority?"

And online at The New Yorker, Amy Davidson has a blog post titled "A Hundred Hungry Men at Guantanamo."
Posted at 09:07 AM by Howard Bashman



"How Wall Street Defanged Dodd-Frank: Battalions of regulatory lawyers burrowed deep in the federal bureaucracy to foil reform." Gary Rivlin has this lengthy article online at The Nation.
Posted at 08:47 AM by Howard Bashman


"Lawyers who defend terror suspects have thankless task; Why do they do it? The defense team for Boston bombing suspect Dzhokhar Tsarnaev includes several lawyers experienced in terrorism cases; It takes a certain kind of lawyer, it seems, to represent accused terrorists." Ron Scherer of The Christian Science Monitor has this report.

At the blog "a public defender," Gideon has a post today titled "The Cost of Tsarnaev: the inexorable march toward totalitarianism."

And at the Defining Ideas site of the Hoover Institution, law professor Richard A. Epstein has an essay titled "Civil Liberties After Boston: Given the stakes, law enforcement officials should follow all leads, even if that means more surveillance and ethnic profiling."
Posted at 08:44 AM by Howard Bashman



"Peter Sagal's Constitution USA": At "Constitutional Law Prof Blog," Steven D. Schwinn has this post previewing the upcoming PBS four-part series.
Posted at 08:37 AM by Howard Bashman






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