How Appealing

Sunday, June 30, 2013

"Amid blockbuster cases, Supreme Court moving right; Under Chief Justice John Roberts, the court's tenuous conservative majority doesn't act quickly, but it acts eventually -- and it doesn't mind uprooting a few precedents or statutes along the way": Richard Wolf will have this article Monday in USA Today.
Posted at 11:50 PM by Howard Bashman


"Senate confirms Stevens to state Supreme Court seat": The Citizens' Voice of Wilkes-Barre, Pennsylvania has a news update that begins, "The Senate voted unanimously today to confirm Judge Correale Stevens to fill a pivotal vacancy on the state Supreme Court."

The Patriot-News of Harrisburg, Pennsylvania has an update headlined "Judge Correale Stevens to fill Pa. Supreme Court seat left vacant by Joan Orie Melvin."

And The Associated Press reports that "Stevens approved for Pa. Supreme Court vacancy."
Posted at 11:48 PM by Howard Bashman



"Worries Swirl Over California's Initiatives; Supreme Court's Dismissal of State's Gay-Marriage Ban Raises Concerns that the Move Sets Precedent Limiting Voter Power": Tamara Audi will have this article in Monday's edition of The Wall Street Journal.

You can freely access the full text of the article via Google News.
Posted at 11:26 PM by Howard Bashman



"How Patton Boggs got mired in an epic legal battle with Chevron over jungle oil pits": This lengthy article appears today in The Washington Post.
Posted at 11:22 PM by Howard Bashman


"Grumpy Old Scalia v. Those Pesky Kids": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 11:20 PM by Howard Bashman


"War in the Supreme Court: Ron Castille and Seamus McCaffery Just Can't Get Along; As allegations of impropriety pile up against Pennsylvania Supreme Court Justice Seamus McCaffery, the real story may be his strained relationship with Chief Justice Ron Castille; Here, the inside tale of the very personal feud that's tearing the state's highest court apart." This article appears in the July 2013 issue of Philadelphia Magazine.
Posted at 06:04 PM by Howard Bashman


"Supreme Ct. to consider fight over frozen assets": The Associated Press has this report.
Posted at 10:48 AM by Howard Bashman


"An Athens story: From sharecropping to the U.S. Supreme Court." Today's edition of The Athens (Ga.) Banner-Herald contains an article that begins, "When Fred Smith Jr. reports for work this week, the native Athenian will achieve something unimaginable by his forebears from just two generations ago. He is among the new crop of U.S. Supreme Court law clerks. Starting Monday, Smith will spend the next year working for Associate Justice Sonia Sotomayor."
Posted at 09:47 AM by Howard Bashman


"Fewer elections for top court would restore civility, public trust, special task force says": This article appeared yesterday in The Wisconsin State Journal.

And The Associated Press reports that "Panel suggests term limits for state Supreme Court; Task force of attorneys recommends one 16-year term for justices."
Posted at 09:44 AM by Howard Bashman



"Supreme Court term ends with no easy way to label it": Bill Mears of CNN.com has this news analysis.
Posted at 09:42 AM by Howard Bashman


"Why states that ban gay marriage are resting easy after Supreme Court rulings: As gay marriage supporters celebrate this week's rulings at the US Supreme Court, states that prohibit same-sex marriage are also elated, reassured that their bans are not in legal jeopardy." The Christian Science Monitor has this report.

And USA Today reports that "Polygamists find promise in Supreme Court decisions; Polygamists view the Supreme Court's repeal of DOMA and Prop 8 as a step towards wider social -- and in turn, legal -- acceptance of polygamy; Legal scholars, on the other hand, are not as optimistic."
Posted at 09:40 AM by Howard Bashman



"The Supreme Court's new view of equal justice; This term's landmark decisions mark a fresh beginning for gay rights, and the end of an era for old civil rights laws": David G. Savage has this article today in The Los Angeles Times.
Posted at 09:38 AM by Howard Bashman


"Supreme Court ruling puts new focus on whether Texas' 'Top 10 Percent' admissions rule is working": This article appears today in The Dallas Morning News.
Posted at 09:35 AM by Howard Bashman


"Under the U.S. Supreme Court: DOMA and Prop 8, finding the light." Michael Kirkland of UPI has this report.
Posted at 09:30 AM by Howard Bashman


Saturday, June 29, 2013

"Don't let DOMA fool you -- the Supreme Court is restricting your rights": Law professor David Cole has this essay online at The Washington Post.
Posted at 10:44 PM by Howard Bashman


"Suicide by Pills Is Cited in Death of Guantanamo Detainee": Charlie Savage has this article today in The New York Times.
Posted at 10:40 PM by Howard Bashman


"A Damaging Decision on Generic Drugs": This editorial appears today in The New York Times.
Posted at 10:38 PM by Howard Bashman


"For gay marriage, the battle now moves to the states": Juliet Eilperin and Ruth Tam will have this article Sunday in The Washington Post.
Posted at 10:33 PM by Howard Bashman


"Secret-court judges upset at portrayal of 'collaboration' with government": In Sunday's edition of The Washington Post, Carol D. Leonnig, Ellen Nakashima, and Barton Gellman will have an article that begins, "Recent leaks of classified documents have pointed to the role of a special court in enabling the government's secret surveillance programs, but members of the court are chafing at the suggestion that they were collaborating with the executive branch."
Posted at 10:28 PM by Howard Bashman


"The Real John Roberts Emerges": Linda Greenhouse will have this essay in the Sunday Review section of tomorrow's edition of The New York Times.
Posted at 10:24 PM by Howard Bashman


"The Talented Justice Kagan": Lincoln Caplan will have this editorial notebook essay in Sunday's edition of The New York Times.

This afternoon, at The Aspen Institute's Aspen Ideas Festival, law professor Jeffrey Rosen interviewed Justice Elena Kagan. You can view the interview on YouTube beginning at the two-hour and 53-minute mark. As first reported by two careful viewers of the interview (see here and here), Justice Kagan once again listed her must-read law blogs (at the three-hour and 11-minute mark of the YouTube video).
Posted at 10:03 PM by Howard Bashman



"Momentous Supreme Court term ends with flourish": Mark Sherman of The Associated Press has this report.
Posted at 03:32 PM by Howard Bashman


C-SPAN has posted online two video segments from this morning's program at the Fourth Circuit's Judicial Conference: You can access video segments titled "Supreme Court 2012-2013 Term Review" and "Supreme Court Chief Justice John Roberts."

In news coverage, The Associated Press reports that "Roberts says high court asks too many questions."
Posted at 03:28 PM by Howard Bashman



"U.S. Senate schedules vote on Wyoming AG's nomination for Tenth [Circuit]": The Casper (Wyo.) Star-Tribune has this report.
Posted at 03:20 PM by Howard Bashman


Friday, June 28, 2013

"Reinhardt's Report Card: At Supreme Court, Success Amid Slapdowns." Scott Graham of The Recorder has this report.
Posted at 11:28 PM by Howard Bashman


"The not-so-reclusive justices": Tal Kopan of Politico.com has this report.
Posted at 11:25 PM by Howard Bashman


"In a Twist, Children Help Propel Gay-Marriage Ruling; Court, Citing Harm to Families, Turns Rationale for Invalid Laws on Its Head": Jess Bravin will have this article in Saturday's edition of The Wall Street Journal.
Posted at 11:24 PM by Howard Bashman


"Rio Tinto wins end to human rights abuse lawsuit in U.S.; Bougainville residents sued over activity linked to mine; 9th Circuit rules after top U.S. court narrows law's reach": Jonathan Stempel of Reuters has this report.

And Bloomberg News reports that "Rio Tinto Genocide Lawsuit Thrown Out by Appeals Court."

You can access today's order of the en banc U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 09:04 PM by Howard Bashman



"Hobby Lobby wins temporary reprieve from fines": The Oklahoman has a news update that begins, "Hobby Lobby Stores, Inc. has won a last-minute, albeit temporary, reprieve from millions of dollars in fines the company was to face beginning Monday while its lawsuit against the Affordable Care Act proceeds."

And The Associated Press has a report headlined "Judge: Hobby Lobby won't have to pay fines."
Posted at 08:42 PM by Howard Bashman



"Prop. 8 officially out -- SF weddings begin": Bob Egelko and John Cote of The San Francisco Chronicle have a news update that begins, "A federal appeals court issued an unexpected order Friday that allows gays and lesbians to marry in California."

Anthony York and Maura Dolan of The Los Angeles Times have a news update headlined "Gov. Jerry Brown's office ordering counties to resume gay marriage."

The San Jose Mercury News has an update headlined "Prop. 8 stay lifted, same-sex weddings can resume immediately."

The New York Times has a news update headlined "California Appeals Court Rules Same-Sex Marriages Can Start Immediately."

The Associated Press has reports headlined "Plaintiffs in Calif. marriage case marry in SF" and "Calif. gay marriage foes call restart a 'disgrace.'"

Dan Levine of Reuters reports that "Court lifts ban on gay marriage in California."

Bloomberg News reports that "California Same-Sex Marriages Resume as Court Lifts Ban."

At her "Trial Insider" blog, Pamela A. MacLean has a post titled "Same-Sex Marriages Resume in California."

And at "SCOTUSblog," Lyle Denniston has a post titled "Same-sex marriages can start in California."

You can access this evening's one-sentence order of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:22 PM by Howard Bashman



"Military faults guards in suicide by Guantanamo captive": Carol Rosenberg of The Miami Herald has this report.
Posted at 03:26 PM by Howard Bashman


"The battle over Anna Nicole Smith's billionaire former husband's money may soon be coming to an end." So began an article that The New York Daily News posted online late last month.

Today, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued that court's latest ruling in the saga.
Posted at 02:03 PM by Howard Bashman



Majority on divided Eighth Circuit panel holds that federal law does not preempt a Fremont, Nebraska ordinance that limits the hiring of and provision of rental housing to "illegal aliens" and "unauthorized aliens": You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.

Update: In early news coverage, The Associated Press has a report headlined "Federal panel: Neb. city's immigration law legal."
Posted at 01:58 PM by Howard Bashman



"The majority's opinion illustrates the failure of today's judiciary to stand up to clear abuse of governmental authority as well as its unwillingness to protect the fundamental right to privacy of all Americans." So begins the dissenting opinion that Circuit Judge Stephen Reinhardt issued from the decision that a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit released today.
Posted at 01:54 PM by Howard Bashman


"D.C. Circuit Rejects Judicial Independence Case": At "The BLT: The Blog of Legal Times," Zoe Tillman has this post about a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 01:50 PM by Howard Bashman


On Saturday morning, C-SPAN will carry live coverage of a program at the Fourth Circuit's Judicial Conference titled "Supreme Court 2012 Term Review & Supreme Court Chief Justice John Roberts": The Judicial Conference of the U.S. Court of Appeals for the Fourth Circuit has returned this year to the lovely Greenbrier resort in White Sulphur Springs, West Virginia.

Tomorrow morning beginning at 9 a.m. eastern time, C-SPAN plans to provide live coverage of a Term in review panel, followed by an interview with Chief Justice John G. Roberts, Jr. Details can be accessed here.
Posted at 11:55 AM by Howard Bashman



"Roberts Back to Reagan Roots in Guiding Court on Rulings": Greg Stohr of Bloomberg News has this report.

And Lawrence Hurley of Reuters has a news analysis headlined "In shadow of landmark decisions, U.S. high court also rules for business."
Posted at 11:42 AM by Howard Bashman



"Supreme Court weighs Oklahoma abortion law case": This article appears today in The Tulsa World.

And in today's edition of The New York Times, Erik Eckholm has an article headlined "Supreme Court Takes Step Toward Hearing Abortion Case."
Posted at 08:14 AM by Howard Bashman



"Should child porn 'consumers' pay victim millions? Supreme Court to decide; The Supreme Court will decide whether the government or the victim must be able to prove there is a causal relationship between the child pornography consumer's conduct and harm to the victim." Warren Richey of The Christian Science Monitor has this report.
Posted at 08:10 AM by Howard Bashman


"Chief Justice Roberts Plays a Long Game on Supreme Court": Adam Liptak has this front page news analysis today in The New York Times.

In today's edition of The Washington Post, Robert Barnes has an article headlined "A conservative Supreme Court swerves to avoid easy definition."

In today's edition of USA Today, Richard Wolf has an article headlined "From gay marriage to voting law, Kennedy is the key; Once again, the Supreme Court's perennial swing vote shows how crucial he is to both liberals and conservatives -- and how unpredictable."

In today's edition of The Wall Street Journal, Jess Bravin has an article headlined "Court's Session Told Tale of Two Justices."

And Michael Doyle of McClatchy Washington Bureau reports that "Fallout from Supreme Court decisions may be swift or slow."
Posted at 07:40 AM by Howard Bashman



Thursday, June 27, 2013

"Senate panel recommends Superior Court Judge Correale Stevens to fill state Supreme Court vacancy": The Patriot-News of Harrisburg, Pennsylvania has this report.

The Pittsburgh Post-Gazette has a news update headlined "Pennsylvania Senate committee recommends Supreme Court justice to replace Orie Melvin."

The Times Leader of Wilkes-Barre, Pennsylvania has a news update headlined "Senate committee recommends Stevens to Supreme Court."

The Citizen's Voice of Wilkes-Barre has a news update headlined "Senate panel approves Stevens for Supreme Court."

And The Associated Press reports that "Correale Stevens gets initial OK for Pa. high court."

In earlier coverage, today's edition of The Standard Speaker of Hazleton, Pennsylvania reports that "Local legislators back Stevens nomination."

You can access the video of today's Pennsylvania Senate Judiciary Committee hearing at this link, while the text of the nominee's prepared statement can be accessed here.
Posted at 10:00 PM by Howard Bashman



"Malvo attorneys seek to have sentences vacated": Today's edition of The Daily Progress of Charlottesville, Virginia contains an article that begins, "Citing a 2012 Supreme Court ruling, attorneys for convicted D.C. sniper Lee Boyd Malvo have petitioned federal courts in Maryland and Virginia to vacate the 10 life sentences he is serving."
Posted at 09:16 PM by Howard Bashman


"Prop. 8 case was once seen as a Supreme Court long shot": Howard Mintz of The San Jose Mercury News has this report.
Posted at 09:12 PM by Howard Bashman


"Hobby Lobby wins partial victory from appeals court in health care challenge": The Oklahoman has a news update that begins, "A federal appeals court in Denver has reversed a lower cour''s decision to deny Hobby Lobby Stores Inc.'s quest for an injunction against part of the Affordable Care Act that requires it to cover the cost of emergency contraceptives for some of its employees."

And The Associated Press has a report headlined "Court: Hobby Lobby can challenge health care law."

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

Update: In other coverage, Terry Baynes of Reuters reports that "U.S. court accepts challenge to Obama contraception rule."

And at "SCOTUSblog," Lyle Denniston has a post titled "Contraceptive mandate ruling."
Posted at 02:25 PM by Howard Bashman



"U.S. Supreme Court seeks answers in Oklahoma abortion case; The nation's high court accepts an abortion case and asks the Oklahoma Supreme Court to answer questions about the impact of a 2011 law on abortion-inducing drugs": Chris Casteel of The Oklahoman has this news update.

Greg Stohr of Bloomberg News reports that "High Court Asks Oklahoma Court to Clarify Abortion Law."

And Lawrence Hurley of Reuters reports that "Justices show interest in Oklahoma abortion pill case."
Posted at 01:22 PM by Howard Bashman



"A Legal Blow to Sustainable Development": Law professor John D. Echeverria has this essay online at The New York Times.
Posted at 01:12 PM by Howard Bashman


"New Jersey makes its final appeal for sports betting": Today's edition of The Philadelphia Inquirer contains an article that begins, "In a landmark case being watched closely by other states, New Jersey made a final appeal Wednesday to be able to offer wagering on pro and college sports."

And The Star-Ledger of Newark, New Jersey reports that "Legal titans battle in federal court over future of sports betting in N.J."

My earlier coverage of yesterday's Third Circuit oral argument appears at this link.
Posted at 01:09 PM by Howard Bashman



"Why People (Still) Don't Get the Supreme Court: If the major rulings handed down this week seemed contradictory to you -- sometimes protecting state power, sometimes reducing it -- you're not the only one." Andrew Cohen has this essay online at The Atlantic.
Posted at 01:05 PM by Howard Bashman


"John Roberts, the high court's chief peacemaker": Josh Gerstein of Politico.com has this report today.
Posted at 10:14 AM by Howard Bashman


"Gays Win While Blacks Lose Ground in Historic U.S. June": Greg Stohr of Bloomberg News has this report.
Posted at 10:12 AM by Howard Bashman


"Supreme Court in no rush to grant national gay-marriage right": Joan Biskupic of Reuters has this news analysis.

And at Politico.com, Josh Gerstein has a report headlined "The DOMA decision ripple effect" that begins, "The Supreme Court's same-sex marriage decisions managed to do the impossible: get gay rights advocates and conservative Justice Antonin Scalia to agree."
Posted at 10:02 AM by Howard Bashman



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

In addition, in Gallow v. Cooper, No.12-7516, Justice Stephen G. Breyer issued a statement respecting the denial of the petition for writ of certiorari, in which Justice Sonia Sotomayor joined.

In Marrero v. United States, No.12-6355, Justice Samuel A. Alito, Jr. issued a dissent, in which Justice Anthony M. Kennedy joined, from the Court's GVR order,

And in Lanus v. United States, No.12-862, Justice Clarence Thomas issued a dissent from the Court's denial of certiorari.

In early news coverage, The Associated Press reports that "Court to decide on child porn victim restitution"; "Court sends abortion drug case back to Okla. court"; "Court rejects gay rights cases from Ariz., Nev." and "High court throws out Texas voter ID ruling."

Lawrence Hurley of Reuters reports that "Supreme Court declines to take up two more gay rights cases" and "Supreme Court nixes Texas voting rulings."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court grants new cases."
Posted at 09:34 AM by Howard Bashman



Wednesday, June 26, 2013

"Justice Ginsburg Celebrates ABA's New D.C. Office": Zoe Tillman has this post at "The BLT: The Blog of Legal Times."
Posted at 10:34 PM by Howard Bashman


"Obama's Supreme Court News Jinx Continues": WSJ.com's "Washington Wire" blog has this post.
Posted at 09:26 PM by Howard Bashman


In coverage of today's major U.S. Supreme Court rulings from The Onion: You can access articles headlined "Scalia, Thomas, Roberts, Alito Suddenly Realize They Will Be Villains In Oscar-Winning Movie One Day"; "Supreme Court Leaves Final Decision On Gay Marriage In Capable Hands Of Texas, Alabama, Georgia"; "Bigot Relieved To Learn Gays In His State Still Effectively Subhuman": "Gay Marriage Opponents Warn Supreme Court Ruling Could Put Nation On Slippery Slope To Rationality"; and "Nation Celebrates What Is, Technically Speaking, Progress."
Posted at 09:22 PM by Howard Bashman


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


"Kennedy's opinion may predict the future for same-sex marriage": Robert Barnes of The Washington Post has this report.
Posted at 08:34 PM by Howard Bashman


"Court to wait before making gay marriage move": The Associated Press has a report that begins, "A federal appeals court said Wednesday it will wait at least 25 days before making a decision on whether gay marriages can resume in California."
Posted at 05:47 PM by Howard Bashman


"Appeals court hears arguments on N.J. sports betting case": The Record of Hackensack, New Jersey has a news update that begins, "A three-judge panel of the U.S. Third Circuit Court of Appeals grilled attorneys on both sides of the New Jersey sports betting case for an hour in Philadelphia on Wednesday, then told the lawyers the case 'would be taken under advisement' with no timetable given for a decision."

And The Associated Press reports that "NJ asks appeals court to make sports betting legal."

You can access via this link (32.6 MB Windows Media audio file) the audio of today's oral argument at the U.S. Court of Appeals for the Third Circuit featuring Ted Olson and Paul Clement as counsel for the opposing parties.
Posted at 05:28 PM by Howard Bashman



"The 2013 Running Of The Interns: A Supreme Court special edition." Benny Johnson of BuzzFeed has this photo/video essay.
Posted at 05:18 PM by Howard Bashman


"Takings decision confounds experts, spurs accusations of judicial activism": Jeremy P. Jacobs of Greenwire has this report.
Posted at 05:16 PM by Howard Bashman


"Supreme Court Bolsters Gay Marriage With Two Major Rulings": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has news updates headlined "Supreme Court strikes down key part of Defense of Marriage Act" and "Supreme Court clears way for same-sex marriage in California."

David G. Savage of The Los Angeles Times has news updates headlined "Gay marriage ruling: Supreme Court finds DOMA unconstitutional" and "Supreme Court hands major victories to gay marriage movement." In addition, Maura Dolan has a news update headlined "Prop. 8: John Roberts' lesbian cousin 'absolutely' proud of ruling."

Richard Wolf and Brad Heath of USA Today report that "Supreme Court gives big boost to same-sex marriage; California's ban is toppled on technical grounds, and part of the federal Defense of Marriage Act is struck down."

Brent Kendall and Jess Bravin of The Wall Street Journal have a news update headlined "Supreme Court Rulings Boost Gay Marriage; DOMA Violates 'Equal Protection Principles'; Justices Avoid Ruling on California's Proposition 8."

Warren Richey of The Christian Science Monitor has an article headlined "Gay marriage: Supreme Court strikes down DOMA, dismisses Prop. 8 appeal; US Supreme Court said Wednesday, 5 to 4, that DOMA (federal Defense of Marriage Act) had been enacted with an apparent attempt to harm gay couples; Its actions set stage for legal battles state by state over gay marriage."

Howard Mintz of The San Jose Mercury News has an update headlined "Prop. 8: Supreme Court ends California ban on gay marriage but fight remains."

Bob Egelko of The San Francisco Chronicle has a news update headlined "High court: Prop. 8 backers lack standing."

The Washington Times has a news update headlined "Supreme Court hands double win to gay marriage backers."

Mark Sherman of The Associated Press reports that "Supreme Court strikes federal marriage provision."

Greg Stohr of Bloomberg News reports that "High Court Allows California Gay Marriage, Voids U.S. Law."

Lawrence Hurley of Reuters reports that "Gay marriage gets big boost in two Supreme Court rulings."

At "The BLT: The Blog of Legal Times," Marcia Coyle has posts titled "Supreme Court Declares DOMA Unconstitutional" and "Supreme Court Clears Same-Sex Marriages in California."

Josh Gerstein of Politico.com reports that "Supreme Court strikes down DOMA, declines to rule on Prop. 8."

At TPM DC, Sahil Kapur has reports headlined "Supreme Court Strikes Down Defense Of Marriage Act"; "SCOTUS Prop 8 Ruling Legalizes Gay Marriage In California": and "Scalia Rages Against Supreme Court's Gay Rights Ruling."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinions recap: Giant step for gay marriage."
Posted at 04:33 PM by Howard Bashman



Programming note: At 10 a.m. eastern time today, the U.S. Supreme Court will issue rulings in the remaining cases that were argued earlier this Term but have not yet been decided. At that same time, I will be on my way to present an oral argument today in the Superior Court of Pennsylvania.

Just as soon as the U.S. Supreme Court posts its opinions online this morning, you can access them via this link. Additional posts will appear here this afternoon.
Posted at 07:00 AM by Howard Bashman



"Iowa Supreme Court to Reconsider Case of 'Irresistible Employee'": Ryan Koopmans has this post at "On Brief: Iowa's Appellate Blog."
Posted at 06:55 AM by Howard Bashman


Tuesday, June 25, 2013

"U.S. chief justice realizes longstanding vision in voting-rights case": Joan Biskupic of Reuters has this news analysis.
Posted at 10:44 PM by Howard Bashman


"On the cusp of a cultural moment, all eyes are on the Supreme Court": Michael Doyle of McClatchy Washington Bureau has this report.
Posted at 10:28 PM by Howard Bashman


"What the Court's 'Baby Veronica' Ruling Means for Fathers and Native Americans: Lost amid coverage of the Voting Rights Act ruling was a decision in a complicated and emotional adoption case." Andrew Cohen has this essay online at The Atlantic.
Posted at 10:22 PM by Howard Bashman


"U.S. court to hear oral arguments in net neutrality case on Sept. 9": Reuters has this report.
Posted at 10:20 PM by Howard Bashman


"Custody battle for baby Veronica continues as Supreme Court sides with James Island family": The Post and Courier of Charleston, South Carolina has this news update.

Wednesday's edition of The New York Times will contain an article headlined "Justices Say Law Doesn't Require Child's Return to Indian Father."

In Wednesday's edition of The Washington Post, Robert Barnes will have an article headlined "Supreme Court says law doesn't require custody for Indian father."

Richard Wolf of USA Today reports that "Court rules for adoptive parents in Baby Veronica case; Little 'Baby Veronica' was adopted for more than two years, but an obscure law preventing the breakup of Native American families had forced her return to her father."

And Bill Mears of CNN.com reports that "Justices rule for adoptive couple in Native-American custody dispute."
Posted at 07:10 PM by Howard Bashman



First Circuit rejects Joel Tenenbaum's due process challenge to $675,000 award against him for copyright infringement involving illegal music downloads and distribution: You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 04:46 PM by Howard Bashman


"Affirmative-Action Ruling Could Complicate Diversity Efforts": Mark Walsh of Education Week has this report online today.
Posted at 04:38 PM by Howard Bashman


"Scalia the Mullah: The justice's misunderstanding of morality, and how it leads him astray in cases about homosexuality." Nathaniel Frank has this jurisprudence essay online at Slate.
Posted at 04:36 PM by Howard Bashman


"A Lawyer's Evolution, Mirroring the Law's": In today's edition of The New York Times, John Schwartz has an article that begins, "When the Supreme Court justices announce their decisions in two cases that could reshape marriage in America, few people will be listening more closely than Paul M. Smith, whose life and career have been entwined with the court's three-decade evolution on gay rights."
Posted at 04:15 PM by Howard Bashman


"NY court: Computer searches can threaten privacy." The Associated Press has a report that begins, "A New York federal appeals court says authorities may have gone too far in their search of an ex-convict's computer."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 03:57 PM by Howard Bashman



"Supreme Court backs landowner in Fla. wetlands case, opens door to more permit scrutiny": Jeremy P. Jacobs of Greenwire has this report.
Posted at 03:52 PM by Howard Bashman


"On Voting Rights, A Decision As Lamentable as Plessy or Dred Scott; Splitting 5-4 along ideological lines, today the Supreme Court ruled a key provision of the Voting Rights Act unconstitutional": Andrew Cohen has this essay online at The Atlantic.
Posted at 01:24 PM by Howard Bashman


"U.S. CFTC wins fund registration court appeal": Reuters has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 01:22 PM by Howard Bashman


"Court says suit testing blogger's rights can go on": The Associated Press has a report that begins, "A federal appeals court says former Agriculture Department employee Shirley Sherrod can continue her defamation case against a conservative blogger."

And at "The BLT: The Blog of Legal Times," Zoe Tillman has a post titled "D.C. Circuit: Defamation Suit Against Breitbart Can Proceed."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 01:14 PM by Howard Bashman



"Supreme Court overturns Voting Rights Act section, sides with Shelby County": The Birmingham News has this report.
Posted at 12:38 PM by Howard Bashman


"Supreme Court Strikes Down Key Part of Voting Rights Act": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court stops use of key part of Voting Rights Act."

And David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court strikes down key section of Voting Rights Act."
Posted at 11:42 AM by Howard Bashman



"U.S. Supreme Court expected to decide gay marriage cases Wednesday": Howard Mintz of The San Jose Mercury News has this update.
Posted at 11:05 AM by Howard Bashman


"Supreme Court Deals Blow to Voting Rights Act": Brent Kendall and Ashby Jones of The Wall Street Journal have this news update.

Richard Wolf and Brad Heath of USA Today have an article headlined "Supreme Court limits key part of Voting Rights Act; Ruling from deeply divided court will free mostly Southern states from seeking federal preclearance for voting changes, or require Congress to intervene."

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court strikes down key provision of Voting Rights Act."

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Supreme Court Strikes Down Voting Rights Act Formula."
Posted at 11:00 AM by Howard Bashman



"Supreme Court strongly pro-business in Roberts years": David Weinberg of American Public Media's "Marketplace" had this report yesterday.
Posted at 10:52 AM by Howard Bashman


"Supreme Court Rules Against Florida Regulators Imposing 'Extortionate Demands' on Property Owner": Damon W. Root has this post at Reason.com's "Hit & Run" blog.
Posted at 10:48 AM by Howard Bashman


"Affirmative Action Ruling Seen Spurring Suits Against Colleges": John Hechinger and Greg Stohr of Bloomberg News have this report.
Posted at 10:42 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. The Court is planning to release the remaining decisions from this Term on Wednesday at 10 a.m. eastern time.

1. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Koontz v. St. Johns River Water Management Dist., No. 11-1447. Justice Elena Kagan issued a dissenting opinion, in which Justices Ruth Bader GInsburg, Stephen G. Breyer, and Sonia Sotomayor joined. You can access the oral argument via this link.

2. Justice Alito delivered the opinion of the Court in Adoptive Couple v. Baby Girl, No. 12-399. Justices Clarence Thomas and Breyer issued concurring opinions. Justice Antonin Scalia issued a dissenting opinion. And Justice Sotomayor issued a dissenting opinion, in which Justices Ginsburg and Kagan joined and in which Justice Scalia joined in part. You can access the oral argument via this link.

3. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Shelby County v. Holder, No. 12-96. Justice Thomas issued a concurring opinion. Justice Ginsburg issued a dissenting opinion, in which Justices Breyer, Sotomayor, and Kagan joined. You can access the oral argument via this link.

In early news coverage, Mark Sherman of The Associated Press reports that "High court voids key part of Voting Rights Act." The AP also has reports headlined "Court: Child isn't required to go to father" and "Court: Compensation may be due for permit denial."

Greg Stohr of Bloomberg News reports that "Voting Rights Act Provision Struck Down by U.S. High Court."

Lawrence Hurley of Reuters reports that "Supreme Court strikes down key part of Voting Rights Act." And Jonathan Stempel reports that "Supreme Court rules for couple over baby girl's adoption."

Josh Gerstein of Politico.com reports that "Supreme Court strikes down key voting rights provision."

Bill Mears of CNN.com reports that "Supreme Court limits federal oversight of Voting Rights Act."

Sahil Kapur of TPM DC reports that "Supreme Court Guts The Voting Rights Act."

And Ryan J. Reilly of The Huffington Post reports that "Voting Rights Act Section 4 Struck Down By Supreme Court."
Posted at 10:06 AM by Howard Bashman



"Supreme Court lets stand ban on destroying property of L.A. homeless; Eight skid row residents accused city workers of seizing and dumping their personal possessions; A lower court ruled that possessions could be taken only if they posed a threat to safety": This article appears today in The Los Angeles Times.
Posted at 09:50 AM by Howard Bashman


"2 blockbusters among Supreme Court's last cases": The Associated Press has this report.
Posted at 09:17 AM by Howard Bashman


"Supreme Court sends Fisher v. Texas case back to lower court": The Daily Texan has this report.

In today's edition of The Wall Street Journal, Jess Bravin has an article headlined "Justices Take Pass on Texas Affirmative-Action Case." In addition, Theodore R. Johnson has an op-ed titled "A Missed Opportunity on Racial Preferences; I'm tired of the suspicion that because I'm black, whatever I achieve is somehow suspect."

Joan Biskupic of Reuters has a news analysis headlined "Supreme Court takes small step to bridge ideological divide."

Today's edition of The Washington Post contains a profile of Jennifer Gratz headlined "Plaintiff's life defined by high court ruling in 2003 affirmative action case."

Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court sends Texas affirmative action case back to lower court; The 7-to-1 Supreme Court decision requires the lower court to apply a new, tougher test to the case; Schools challenged on race-based admissions policies must show that there are no workable, race-neutral alternatives to achieve diversity."

Today's broadcast of NPR's "Morning Edition" contained an audio segment featuring Nina Totenberg titled "Supreme Court Sends Affirmative Action Case To Lower Court." And yesterday evening's broadast of "All Things Considered" contained audio segments titled "Justices Seek 'Strict Scrutiny' In Affirmative Action Case" and "Affirmative Action Ruling A Win For Policy's Advocates."

At the "School Law" blog of Education Week, Mark Walsh has a post titled "Supreme Court Returns Affirmative Action Case to Lower Court."

At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Supreme Court Compromises in Affirmative Action Case."

At "SCOTUSblog," Lyle Denniston has a post titled "Opinion recap: More rigorous race review."

In commentary, today's edition of The New York Times contains an editorial titled "A Reprieve for Affirmative Action." And Columbia University president Lee C. Bollinger has an op-ed titled "A Long, Slow Drift From Racial Justice."

Online at Slate, Richard D. Kahlenberg has a jurisprudence essay titled "The Next Affirmative Action? The Supreme Court just made it harder for universities to defend race-based affirmative action; Will they try using class instead?"

Online at Bloomberg View, law professor Cass R. Sunstein has an essay titled "Judicial Minimalism Triumphs in Affirmative Action Case."

Online at The New Republic, law professors Jeffrey Rosen and Michael McConnell are participating in a discussion titled "Debating the Court's Affirmative Action Decision: An exchange."

Online at The Nation, law professor David Cole has an essay titled "Race at the Supreme Court."

Online at The New Yorker, Louis Menand has a blog post titled "The Heart of Texas: Why Colleges Admit the Way They Do."

Online at The Atlantic, law professor Garrett Epps has an essay titled "A Narrow Escape for Affirmative Action: In October, it looked like the Fisher decision would fiercely split the Court; Instead, today's compromise will make race-conscious admissions slightly harder, but not impossible."

At "Balkinization," Jack Balkin has a blog post titled "Why Fisher is Important."

Online at The Los Angeles Times, Michael McGough has an essay titled "Preserving affirmative action for the wrong reasons." In addition, today's newspaper contains an editorial titled "The right move on affirmative action: The Supreme Court's ruling preserving affirmative action at state universities is admirable and necessary." And law professor Vikram David Amar has an op-ed titled "Affirmative action: The door's still open; Monday's Supreme Court ruling means that there remains an opportunity for universities to continue to implement race-based admissions programs."

And online at USA Today, Ilya Shapiro has an essay titled "Court punts but affirmative action on the ropes; Decision an important step toward judging Americans on qualifications rather than color."
Posted at 09:16 AM by Howard Bashman



"Will Ginsburg's Ledbetter Play Work Twice?" Jeffrey Toobin has this blog post online today at The New Yorker.
Posted at 07:08 AM by Howard Bashman


Monday, June 24, 2013

The U.S. Court of Appeals for the Third Circuit launched its redesigned web site today: You can access the new site by clicking here.
Posted at 11:38 PM by Howard Bashman


"Supreme Court limits workers' discrimination, retaliation suits; The court makes it harder to blame an employer for harassment by a co-worker and rules that in retaliation suits, it's not enough to prove illegal bias was one of multiple reasons for a firing": David G. Savage will have this article in Tuesday's edition of The Los Angeles Times.

In Tuesday's edition of The Washington Post, Robert Barnes will have an article headlined "Supreme Court splits openly on worker protection suits." In addition, columnist Dana Milbank has an essay titled "Justice Samuel Alito's middle-school antics."

In Tuesday's edition of The New York Times, Steven Greenhouse will have an article headlined "Supreme Court Raises Bar to Prove Job Discrimination."

Richard Wolf of USA Today reports that "Justices narrow scope for workplace discrimination; A kitchen employee's lawsuit had been pending before the court since November, reflecting the difficulty of the case."

The Indianapolis Star reports that "U.S. Supreme Court rules Ball State not liable for alleged hostile work environment."

This evening's broadcast of NPR's "All Things Considered" contained an audio segment titled "High Court Sides With Employers In Discrimination Suits."

At the "School Law" blog of Education Week, Mark Walsh has a post titled "Justices Back Educational Employers in Title VII Rulings."

And online at The Atlantic, law professor Garrett Epps has an essay titled "Justice Alito's Inexcusable Rudeness; A justice of the Supreme Court should not act like a high schooler on the bench; when the target is a fellow justice, the offense is even greater."
Posted at 11:30 PM by Howard Bashman



"Journalists and the Espionage Act: Prosecution risk is remote but real." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 10:58 PM by Howard Bashman


"Guantanamo prosecutor uncovers secret CIA photos of accused bomber": Carol Rosenberg of The Miami Herald has this report.
Posted at 10:56 PM by Howard Bashman


"Federal court halts execution of Miami killer Marshall Lee Gore": The Miami Herald has a news update that begins, "A federal appeals court on Monday temporarily halted the execution of Miami killer Marshall Lee Gore, about an hour before he was set to die by lethal injection."
Posted at 10:55 PM by Howard Bashman


Access the most recent entries in Slate's "The Breakfast Table" discussion titled "Supreme Court 2013: The Year in Review." Walter Dellinger has a post titled "It's not hypocritical to want the Supreme Court to strike down DOMA but not the Voting Rights Act."

Seventh Circuit Judge Richard A. Posner has a post titled "Can't Justice Scalia learn a little science?"

Emily Bazelon has a post titled "Why did the Supreme Court punt the affirmative-action case?"

And law professor Eric Posner has a post titled "Monday's affirmative action ruling brings us no closer to meritocracy."
Posted at 10:48 PM by Howard Bashman



"Impatient Nation Demands Supreme Court Just Get To The Gay Stuff": The Onion has this report today.

And Howard Mintz of The San Jose Mercury News has an update headlined "Gay marriage suspense mounts at U.S. Supreme Court."
Posted at 09:18 PM by Howard Bashman



In the July 2013 issue of ABA Journal magazine: Mark Walsh will have an article headlined "SCOTUS limits the Alien Tort Statute, slowing suits against U.S. companies for action overseas."

L. Jay Jackson will have an article headlined "Legislators and special interests are making sure we get the state court judges they want."

And the newest installment of Bryan A. Garner's "On Words" column is titled "7 steps for producing top-notch text with a co-author."
Posted at 09:10 PM by Howard Bashman



"Supreme Court will review cross-state ruling in win for EPA": Jeremy P. Jacobs of Greenwire has this report.
Posted at 03:04 PM by Howard Bashman


"At the Supreme Court, A Great Day for Corporations: Taken together, three of today's decisions continue the Roberts Court's pro-business streak." Andrew Cohen has this essay online at The Atlantic.
Posted at 03:02 PM by Howard Bashman


"Supreme Court rules generic-drug makers can't be sued over defects": David G. Savage of The Los Angeles Times has this news update.

And Richard Wolf of USA Today reports that "Court relieves generic drug maker of injury liability; Decision provides generic drug manufacturers with more protection from lawsuits than their brand-name counterparts."
Posted at 01:15 PM by Howard Bashman



"Justices Agree to Hear Case on President's Recess Appointments": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court to weigh in on Obama's recess appointments."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court agrees to decide recess-appointments issue."

Richard Wolf of USA Today reports that "President-Congress showdown reaches high court; In the court's next term, the battle over President Obama's labor board appointments could result in landmark decision about presidential power and congressional oversight."

And Warren Richey of The Christian Science Monitor has an article headlined "Were Obama recess appointments constitutional? Supreme Court takes case; The Supreme Court will weigh in on a major flash point between President Obama and Senate Republicans, who challenge his use of recess appointments while their chamber is holding 'pro forma' sessions."
Posted at 01:12 PM by Howard Bashman



"With big rulings left, U.S. high court sets next session for Tuesday": Joan Biskupic of Reuters has this report.
Posted at 12:11 PM by Howard Bashman


"Supreme Court Orders Lower Court to Reconsider Affirmative Action Case": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court sends Texas affirmative action plan back for further review."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court issues narrow affirmative action ruling."

Richard Wolf of USA Today reports that "Court calls for tougher scrutiny of affirmative action; The conservative court has long has expressed skepticism about programs giving racial and ethnic minorities a leg up on others."

Jess Bravin and Brent Kendall of The Wall Street Journal have a news update headlined "Supreme Court Returns Affirmative-Action Case to Lower Court."

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court sends affirmative action case back to lower court."

Stephen Dinan of The Washington Times has a news update headlined "Supreme Court sends affirmative action case back to lower courts."

The Austin American-Statesman has news updates headlined "U.S. Supreme Court orders lower court to review UT's use of affirmative action" and "Plaintiff in case against UT 'grateful' for high court ruling."

And Josh Gerstein of Politico.com reports that "SCOTUS passes on big affirmative action decision."
Posted at 11:48 AM by Howard Bashman



"NY court upholds ex-billionaire's conviction": The Associated Press has a report that begins, "A federal appeals court in New York City is upholding the conviction of a onetime billionaire on insider trading charges."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 10:54 AM by Howard Bashman



Access online today's rulings of the U.S. Supreme Court in argued cases: The Court today issued five decisions in argued cases. At the close of today's session, the Court announced that it will issue additional rulings in argued cases tomorrow.

1. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Vance v. Ball State Univ., No. 11-556. Justice Clarence Thomas issued a concurring opinion. Justice Ruth Bader Ginsburg issued a dissenting opinion, in which Justices Stephen G. Breyer, Sonia Sotomayor, and Elena Kagan joined. You can access the oral argument via this link.

2. Justice Alito delivered the opinion of the Court in Mutual Pharmaceutical Co. v. Bartlettt, No. 12-142. Justice Breyer issued a dissenting opinion, in which Justice Kagan joined. And Justice Sotomayor issued a dissenting opinion, in which Justice Ginsburg joined. You can access the oral argument via this link.

3. Justice Breyer delivered the opinion of the Court in United States v. Kebodeaux, No. 12-418. Chief Justice John G. Roberts, Jr. and Justice Alito each issued an opinion concurring in the judgment. Justice Antonin Scalia issued a dissenting opinion. And Justice Thomas issued a dissenting opinion, in which Justice Scalia joined in part. You can access the oral argument via this link.

4. Justice Anthony M. Kennedy delivered the opinion of the Court in Fisher v. University of Texas at Austin, No. 11-345. Justices Scalia and Thomas each issued a concurring opinion. And Justice Ginsburg issued a dissenting opinion. Justice Kagan was recused from the ruling. You can access the oral argument via this link.

5. And Justice Kennedy delivered the opinion of the Court in University of Tex. Southwestern Medical Center v. Nassar, No. 12-484. Justice Ginsburg issued a dissenting opinion, in which Justices Breyer, Sotomayor, and Kagan joined. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "High court sends back Texas race-based plan"; "Court says no to generic drug design lawsuits"; and "Court: Supervisors must be able to hire and fire."

Greg Stohr of Bloomberg News reports that "Affirmative Action Case Yields Compromise Court Ruling"; "Patient Drug Suits Curbed as U.S. Supreme Court Backs Takeda"; and "Job-Supervisor Harassment Suits Limited by U.S. Supreme Court."

And from Reuters,Lawrence Hurley reports that "U.S. justices send affirmative action case back to lower court." In addition,Hurley and Jonathan Stempel report that "U.S. justices rule against college employee in harassment case."
Posted at 10:04 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 nine new cases. The Court also called for the views of the Solicitor General in two cases. And the Court issued a per curiam opinion in Ryan v. Schad, No. 12-1084.

In early news coverage, The Associated Press reports that "High court to hear Obama recess appointments case"; "High court to review cross-border pollution rule"; "Court to hear appeal of abortion buffer zone"; "High court to review immigration dispute"; "Court to referee union-company agreement"; "Court nixes appeal over added ethanol in gasoline"; and "High court reinstates Schad's death sentence."

Greg Stohr of Bloomberg News reports that "Obama's Recess Appointments Draw Supreme Court Scrutiny"; "Obama's EPA Gets Supreme Court Hearing on Coal Pollution"; "Abortion Clinic Buffer Zone Gets U.S. High Court Review"; "Ethanol Increase Survives as Top Court Rejects Challenges"; and "Pfizer Loses Top Court Bid for Shield From Asbestos Suits."

Lawrence Hurley of Reuters reports that "U.S. justices to hear presidential appointments case."

And at the "School Law" blog of Education Week, Mark Walsh has a post titled "Supreme Court Declines Appeal on IDEA Residential Placements."
Posted at 09:34 AM by Howard Bashman



"LBJ Vision for Racial Justice Weighed as Ruling Nears": Michael Tackett of Bloomberg News has this report.

And yesterday's broadcast of NPR's "Weekend Edition Sunday" contained an audio segment titled "What Happens Without Affirmative Action: The Story Of UCLA."
Posted at 07:22 AM by Howard Bashman



Sunday, June 23, 2013

"State fight brews over charities": The Tribune-Democrat of Johnstown, Pennsylvania has this report.
Posted at 11:50 PM by Howard Bashman


"New York prayer case could have local input -- and impact": Monday's edition of The Winston-Salem Journal will contain this article.
Posted at 11:46 PM by Howard Bashman


"Anticipation Turns to Acceptance as California Awaits Marriage Ruling": This article will appear Monday in The New York Times.

Monday's edition of The Los Angeles Times will contain an article headlined "The man behind the Proposition 8 lawsuit: When Chad Griffin challenged California's same-sex marriage ban, gay rights groups feared the case was too risky; Now he's hailed as a visionary."

And in Monday's edition of The Wall Street Journal, Jess Bravin will have an article headlined "Court Sifts Legalities in Gay-Marriage Suits; Procedural Thicket Could Obscure Public's Yes-or-No Choice." You can freely access the full text of the article via Google News.
Posted at 11:45 PM by Howard Bashman



"The highest dictionary in the land?" "OUPblog" has this marriage-related post today.
Posted at 11:30 PM by Howard Bashman


"DMV data case against top SC trial lawyers returned to lower court": The State of Columbia, South Carolina has this report.
Posted at 11:27 PM by Howard Bashman


"High court poised for a week of high-stakes rulings": Bill Mears of CNN.com has this report.

And Greg Stohr of Bloomberg News reports that "Historic Week Opens as High Court Saves Biggest Cases for Last."
Posted at 11:16 PM by Howard Bashman



"States Reined In by 1965 Voting Act Await a Decision": Campbell Robertson will have this article Monday in The New York Times.
Posted at 10:42 PM by Howard Bashman


"In All Four Big Cases, Supreme Court's Decision Could Be Not To Decide: A procedural question about whether the right party is before the court could be a hurdle for the pending Supreme Court cases involving the Defense of Marriage Act, California's Proposition 8, affirmative action policies, and the Voting Rights Act." Chris Geidner of BuzzFeed has this report.
Posted at 10:38 PM by Howard Bashman


"A Test Track for Tuning Up Supreme Court Arguments": In Monday's edition of The New York Times, Adam Liptak will have this new installment of his "Sidebar" column.
Posted at 10:35 PM by Howard Bashman


"Supreme Court Comes to Defense of Business": Brent Kendall will have this article in Monday's edition of The Wall Street Journal.

You can freely access the full text of the article via Google News.
Posted at 08:40 PM by Howard Bashman



"Fish, Fetuses, Fletcher and the Idea of Pain": Senior U.S. District Judge Richard G. Kopf had this post Friday at his blog, "Hercules and the Umpire."
Posted at 08:32 PM by Howard Bashman


"President-Congress showdown reaches high court; Battle over President Obama's labor board appointments could result in landmark decision about presidential power and congressional oversight": Richard Wolf will have this article in Monday's edition of USA Today.
Posted at 07:24 PM by Howard Bashman


"Conservative Justices United in Cutting Back Civil Litigation": Kenneth Jost has this post today at his blog, "Jost On Justice."
Posted at 06:24 PM by Howard Bashman


"High Court Sticks to Its Ways, Oblivious to Social Media": Michael D. Shear will have this article in Monday's edition of The New York Times.
Posted at 06:20 PM by Howard Bashman


"Gay marriage in Supreme Court: Nation will be glued to Web awaiting rulings." Howard Mintz of The San Jose Mercury News has an article that begins, "Decades ago, the U.S. Supreme Court would wind up its term each summer in relatively obscure fashion compared with the Internet microscope trained on its decisions today."
Posted at 06:14 PM by Howard Bashman


"Affirmative action ban at UC, 15 years later": This front page article appears today in The Oakland Tribune. The newspaper also contains a related article headlined "UC after Proposition 209: How minority student admissions changed."
Posted at 06:08 PM by Howard Bashman


"Supreme Court decisions test chief justice's moderate approach; The court will likely be strongly divided on affirmative action, voting rights and same-sex marriage, presenting Roberts with a difficult choice": David G. Savage has this news analysis today in The Los Angeles Times.
Posted at 09:47 AM by Howard Bashman


"Supreme Court has range of options on gay marriage": Mark Sherman of The Associated Press has this report.

And The AP also reports that "3 blockbusters among Supreme Court's last cases."
Posted at 08:52 AM by Howard Bashman



"Under the U.S. Supreme Court: Voter ID repercussions could be vast." Michael Kirkland of UPI has this report.
Posted at 08:45 AM by Howard Bashman


Saturday, June 22, 2013

"For secretive surveillance court, rare scrutiny in wake of NSA leaks": The Washington Post has this report.

And The Los Angeles Times reports that "Obama may release edited opinions of surveillance court; The White House, under fire over revelations by Edward Snowden, seeks to show that the Foreign Intelligence Surveillance Court plays a key role in regulating NSA monitoring."
Posted at 11:54 PM by Howard Bashman



"Supreme Court Weighs Cases Redefining Legal Equality": In Sunday's edition of The New York Times, Adam Liptak will have an article that begins, "Within days, the Supreme Court is expected to issue a series of decisions that could transform three fundamental social institutions: marriage, education and voting."
Posted at 11:42 PM by Howard Bashman


Access the most recent entries in Slate's "The Breakfast Table" discussion titled "Supreme Court 2013: The Year in Review." Walter Dellinger has a post titled "When DOMA passed, no one imagined it could be unconstitutional."

Seventh Circuit Judge Richard A. Posner has a post titled "What's the biggest flaw in the opinions this term?"

Emily Bazelon has a post titled "You know what Supreme Court opinions need? Headlines."

And law professor Eric Posner has a post titled "Of course the justices are motivated in part by ideology."
Posted at 04:40 PM by Howard Bashman



"Burbank couple that challenged Prop. 8 eagerly awaits Supreme Court's gay marriage rulings": The Los Angeles Daily News has this report.

And in related news, The Charlotte Observer reports that "N.C. lawyers listen as Justice Scalia bemoans 'moral arbiter' on eve of gay marriage ruling."
Posted at 04:26 PM by Howard Bashman



"The Endless Battle Over Judicial Nominees": David Leonhardt will have this "Capital Ideas" essay in the Sunday Review section of tomorrow's edition of The New York Times.
Posted at 03:26 PM by Howard Bashman


"Man loses appeal in threats on judges": The Record of Hackensack, New Jersey has an article that begins, "Radio talk show broadcaster Harold C. 'Hal' Turner, who served more than 2 1/2 years in federal prison for threatening three federal judges in a 2009 blog post, lost his attempt to get an appellate court to throw out the conviction, according to court documents filed Friday."

And Mark Hamblett of New York Law Journal reports that "Circuit Finds Blogger Issued 'True Threat' Against Judges."

My earlier coverage of yesterday's Second Circuit ruling appears at this link.
Posted at 01:42 PM by Howard Bashman



In commentary from law professor Adam Winkler: Online at The Los Angeles Times, he has an essay titled "Might Justice Kennedy spring a surprise on DOMA? Gay rights supporters who expect the Supreme Court to strike down the Defense of Marriage Act could be in for a surprise from the court's swing vote."

And online at The Daily Beast, he has an essay titled "Obama's Terrible, Awful, Horrible Year at the Supreme Court: The Obama administration is about to end one of the worst years ever for the government winning cases at the Supreme Court."
Posted at 01:32 PM by Howard Bashman



"Jerry Brown, Constitutional Scofflaw: On Thursday, three federal judges again reminded the California governor that his failure to fix prison overcrowding is a continuing violation of the Eighth Amendment." Andrew Cohen has this essay online today at The Atlantic.
Posted at 01:26 PM by Howard Bashman


"Dismissing the DOMA Case": Will Baude has this post today at "PrawfsBlawg."
Posted at 01:24 PM by Howard Bashman


"Lengthy Battle on Arrest Seen in Leaks Case": This article will appear in Sunday's edition of The New York Times.
Posted at 01:12 PM by Howard Bashman


"Two years later, Arizona federal judge nominee's fate still in limbo": Evan Bell of Cronkite News has this report.

According to the article, in second place for the longest wait for a U.S. Senate Judiciary Committee confirmation hearing is Eleventh Circuit nominee Jill A. Pryor,
Posted at 11:20 AM by Howard Bashman



Friday, June 21, 2013

"Supreme Court Justice Sonia Sotomayor offered advice to Cicero-North Syracuse graduates": The Post-Standard of Syracuse, New York has this news update.
Posted at 08:24 PM by Howard Bashman


"A Lifeline for Minorities, Catholic Schools Retrench": Today's edition of The New York Times contains an article that begins, "Sonia Sotomayor lives in Washington, but she has never forgotten her roots in the Bronx."
Posted at 04:55 PM by Howard Bashman


"The inherent conflict for lawyers who oppose Supreme Court review": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report about an article written by Fourth Circuit judicial law clerk Aaron Tang titled "The Ethics of Opposing Certiorari Before the Supreme Court."
Posted at 04:46 PM by Howard Bashman


"Remarks made at Penn Law by federal judge are under review; A complaint was lodged against Fifth Circuit Court of Appeals Judge Edith Jones for judicial misconduct": The Daily Pennsylvanian has this report.
Posted at 03:36 PM by Howard Bashman


"Key judge's take on clean-power mandates sparks legal debate": Hannah Northey and Jeremy P. Jacobs of Greenwire have an article that begins, "An influential federal judge splashed fuel last week on an already-raging argument over states' clean energy mandates in a ruling that questioned the constitutionality of Michigan's renewable portfolio standard."
Posted at 03:33 PM by Howard Bashman


"Who Will Care For 'Baby Veronica'?" This audio segment appeared on today's broadcast of NPR's "Tell Me More."
Posted at 02:24 PM by Howard Bashman


"Going Courtless: The NSA searches its mass database of phone records without real judicial oversight; That's unacceptable." William Saletan has this essay online at Slate.
Posted at 01:28 PM by Howard Bashman


"Scalia criticizes 'moralist' judges": The Citizen-Times of Asheville, North Carolina has this news update.
Posted at 01:24 PM by Howard Bashman


"We All Lose When the Supreme Court Procrastinates; Court-watchers thought one of the big decisions would come down Thursday; Instead, almost all the high-profile ones will be handed down next week": Andrew Cohen has this essay online today at The Atlantic.
Posted at 01:12 PM by Howard Bashman


"Another Liberal Writer Realizes Clarence Thomas Is Actually a Principled Legal Conservative": Damon W. Root has this post today at Reason.com's "Hit & Run" blog.
Posted at 01:09 PM by Howard Bashman


"U.S. court upholds radio host's conviction for threats to judges": Nate Raymond of Reuters has this report.

My earlier coverage of today's Second Circuit ruling appears in the post immediately below.
Posted at 01:07 PM by Howard Bashman



"On June 2, 2009, Harold Turner published a blog post declaring that three Seventh Circuit judges deserved to die for their recent decision that the Second Amendment did not apply to the states": So begins the majority opinion that a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today in United States v. Turner.

The final paragraph of the majority opinion's introduction states:

A jury convicted Turner of threatening to assault or murder Judges Frank Easterbrook, William Bauer, and Richard Posner with the intent to impede, intimidate, or interfere with them in the performance of their duties or to retaliate against them on account of their performance of official duties. This appeal presents several issues for our review, including whether the jury's verdict was supported by sufficient evidence of a true threat of violence. We hold that the evidence was sufficient, that the jury was properly instructed regarding a 'true threat,' and that Turner was not prejudiced by any error. We affirm.
Circuit Judge Debra Ann Livingston wrote the majority opinion, in which U.S. District Judge Brian M. Cogan (E.D.N.Y.), sitting by designation, joined.

Circuit Judge Rosemary S. Pooler issued a dissenting opinion, which begins:

I respectfully dissent from the majority's conclusion relating to the sufficiency of the evidence, because I find that, as a matter of law, Turner's speech was not a true threat under 18 U.S.C. sec. 115(a)(1)(B) and the First Amendment.
Although these circumstances -- a three-judge panel's ruling in which two active circuit judges disagree and the deciding vote is provided by a district judge sitting by designation -- ordinarily suggest a good likelihood of rehearing en banc, the fact that this appeal is pending in the Second Circuit (which very rarely grants rehearing en banc) and involves what could be viewed as a distasteful subject matter for judges (i.e., death threats against them) could combine to doom any chance at rehearing en banc in this case.
Posted at 11:28 AM by Howard Bashman


"At U.S. high court, high anxiety over big cases": Joan Biskupic of Reuters has this news analysis.

And online at The Daily Beast, law professor Richard L. Hasen -- author of the "Election Law Blog" -- has an essay titled "What's Taking the Supreme Court So Long? The biggest cases are still to come -- and we should be celebrating this drawn-out finale."
Posted at 10:00 AM by Howard Bashman



"Modified Categorical Imperative": Will Baude has this post today at "PrawfsBlawg."
Posted at 08:32 AM by Howard Bashman


"Top Court Backs Free Speech for Grant Recipients": Jess Bravin has this article today in The Wall Street Journal.

Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court: Anti-prostitution pledge in AIDS law violates free speech; A 2003 US law providing funding to fight AIDS required recipients to explicitly oppose prostitution; The Supreme Court, by a 6-2 margin, rejected the pledge of 'allegiance to the government's policy.'"

On yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court: Provision In AIDS Law Violates Free Speech."

At the "Constitution Daily" blog of the National Constitution Center, Lyle Denniston has a post titled "Constitution Check: Can the government use money to control what private groups say?"

And online at The Nation, law professor David Cole has an essay titled "Supreme Court Delivers a Win for First Amendment Rights."
Posted at 08:30 AM by Howard Bashman



"'Aaron's Law' Would Help Reform Our Awful Computer Crime Laws. Will Congress Pass It?" Justin Peters has this blog post online at Slate.
Posted at 08:10 AM by Howard Bashman


"The Death Penalty's Slow But Seemingly Sure Decline": NPR has this report today.
Posted at 08:07 AM by Howard Bashman


"The judges who preside over America's secret court": John Shiffman and Kristina Cooke of Reuters have a report that begins, "Twelve of the 14 judges who have served this year on the most secret court in America are Republicans and half are former prosecutors."
Posted at 08:04 AM by Howard Bashman


Thursday, June 20, 2013

"Big business the winner in U.S. Supreme Court class action cases": Lawrence Hurley of Reuters has this report.
Posted at 10:02 PM by Howard Bashman


"Planned Parenthood files suit against state law; Anti-abortion bill passed this session has been called nation's most restrictive": Andy Marso of The Topeka Capital-Journal has this news update.

Mark Morris of The Kansas City Star has a news update headlined "Lawsuit challenges new Kansas abortion law."

The Associated Press reports that "Planned Parenthood sues over new Kan. abortion law."

And Bloomberg News reports that "Planned Parenthood Sues Kansas Over Abortion Speech Law."
Posted at 08:55 PM by Howard Bashman



"Supreme Court 2013: The Year in Review." Online at Slate, you can now access the first two entries in this "Breakfast Table" conversation.

Emily Bazelon has a post titled "Wow, what a term."

And law professor Eric Posner has a post titled "Are the court's conservatives dividing?"
Posted at 08:12 PM by Howard Bashman



Access online the contents of the June 2013 issue of the Harvard Law Review: Via this link.
Posted at 08:09 PM by Howard Bashman


"What hope remains for consumers, employees after SCOTUS Amex ruling?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 07:58 PM by Howard Bashman


"Justice Samuel Alito dishes on the Supreme Court in Dallas speech": The Dallas Morning News has this update. The newspaper has also posted online a series of photos titled "Supreme Court Justice Samuel Alito fires first pitch, hangs out in dugout before Rangers battle A's."

And MLB.com offers this video coverage of last night's Texas Rangers ceremonial first pitch.
Posted at 07:46 PM by Howard Bashman



"A Right to Be Silent About Prostitution?" Amy Davidson has this blog post online at The New Yorker.
Posted at 06:18 PM by Howard Bashman


"Why One of America's Most Powerful Lawyers is a Twitter Freak": Dimitra Kessenides of Bloomberg News has a report/interview that begins, "As a partner at the Los Angeles-based law firm Gibson, Dunn & Crutcher and co-head of the firm's appellate and constitutional law practice group, Theodore Boutrous doesn't have a lot of spare time."

You can access Ted's Twitter account at this link. He follows "How Appealing" on Twitter, and you can too.
Posted at 04:50 PM by Howard Bashman



"Federal judges order Brown to begin releasing inmates immediately": The Los Angeles Times has this news update. The newspaper has posted the three-judge court's ruling issued today at this link.

Update: In other coverage, Sam Stanton and Denny Walsh of The Sacramento Bee has a news update headlined "Judges order California to immediately release prisoners."

And The Associated Press has a report headlined "Judges: Brown must fully comply with prison order."
Posted at 03:50 PM by Howard Bashman



"Roberts's Liberal Ruling Will Protect Conservatives": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 03:44 PM by Howard Bashman


"It's 'make-or-break day' for EPA's cross-state rule, E15 waiver": Jeremy P. Jacobs of Greenwire has a report that begins, "The Supreme Court will meet today to consider whether to review two U.S. EPA programs: regulations for air pollution that drifts across state lines and its approval of increased ethanol in gasoline."
Posted at 03:40 PM by Howard Bashman


"Oregon Supreme Court denies death row inmate Gary Haugen's bid for execution": The Oregonian has this news update reporting on a ruling that the Supreme Court of Oregon issued today.

And in other coverage, The Associated Press reports that "Oregon court upholds governor's execution delay."
Posted at 02:28 PM by Howard Bashman



"Justices Back Use of Arbitration Over Class Actions": Binyamin Appelbaum of The New York Times has this news update.
Posted at 01:20 PM by Howard Bashman


"Appeals court reinstates USS Cole bombing lawsuit": The Associated Press has a report that begins, "A federal appeals court has reinstated a lawsuit filed by the families of 17 sailors killed in the 2000 bombing of the USS Cole."

When today's ruling of the U.S. Court of Appeals for the Fourth Circuit becomes available online, I will link to it. [Update: The Fourth Circuit's ruling can be accessed here.]
Posted at 01:12 PM by Howard Bashman



"Big Banks Don't Owe Madoff Estate $30 Billion, Court Says": Bloomberg News has this report.

Jonathan Stempel of Reuters reports that "Madoff trustee loses appeal over claims against banks."

And The Associated Press reports that "Madoff victims can't sue big banks, court rules."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 01:03 PM by Howard Bashman



"Court Finds AIDS Program's Rules Violate Free Speech": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court says law can't dictate anti-AIDS groups' speech."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court strikes down funding law on sex trafficking."

Richard Wolf of USA Today reports that "Court rules against government in HIV/AIDS funding case; The government cannot fund only those groups that take a pledge against prostitution and sex trafficking, a divided Supreme Court rules."

Josh Gerstein of Politico.com has an article headlined "SCOTUS: Aid groups not required to oppose prostitution."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion recap: Easing the leash on speech."
Posted at 12:35 PM by Howard Bashman



"Noncuratlex.com Breaking News: United States Supreme Court Reveals Reason for Delay in Issuance of Fisher Opinion." Law professor Kyle Graham has this post today at his blog, "noncuratlex.com."
Posted at 10:32 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 of the Court in Descamps v. United States, No. 11-9540. Justice Anthony M. Kennedy issued a concurring opinion. Justice Clarence Thomas issued an opinion concurring in the judgment. And Justice Samuel A. Alito, Jr. issued a dissenting opinion. You can access the oral argument via this link.

2. Justice Antonin Scalia delivered the opinion of the Court in American Express Co. v. Italian Colors Restaurant, No.12-133. Justice Thomas filed a concurring opinion. And Justice Kagan filed a dissenting opinion, in which Justices Ruth Bader Ginsburg and Stephen G. Breyer joined. Justice Sotomayor was recused from this case. You can access the oral argument via this link.

3. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Agency for Int'l Development v. Alliance for Open Society Int'l, Inc., No. 12-10. Justices Scalia issued a dissenting opinion, in which Justice Thomas joined. Justice Kagan was recused from this case. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "Court rules for Amex in dispute with merchants"; "High court strikes down anti-prostitution pledge"; and "Court: Man shouldn't have gotten harsher penalty."

Greg Stohr of Bloomberg News reports that "American Express Wins as U.S. Supreme Court Backs Arbitration" and "Anti-Prostitution Rule Violates Speech Rights, High Court Rules."

And Lawrence Hurley and Andrew Longstreth of Reuters report that "Supreme Court rules for American Express in class action case." In addition, Hurley has a report headlined "U.S. justices strike down AIDS funding law."
Posted at 10:04 AM by Howard Bashman



"You Don't Have the Right to Remain Silent: The Supreme Court's terrible -- and dangerous -- ruling this week on the Fifth Amendment." Law professor Brandon L. Garrett has this jurisprudence essay online at Slate.
Posted at 07:42 AM by Howard Bashman


"Supreme Court begins releasing term's final decisions today": Michael Doyle of McClatchy Washington Bureau has this report.

And at CNN.com, Bill Mears has a blog post titled "CNN Poll: Judging the Supreme Court." You can access the survey's results directly at this link (PDF).
Posted at 07:40 AM by Howard Bashman



"After tossing first pitch in Arlington, Supreme Court Justice Samuel Alito reveals a bit about his love of the game": Columnist Kevin Sherrington has this essay in today's edition of The Dallas Morning News.
Posted at 07:38 AM by Howard Bashman


Wednesday, June 19, 2013

"Strategist Out of Closet and Into Fray, This Time for Gay Marriage": Thursday's edition of The New York Times will contain a front page article that begins, "As the Supreme Court considers overturning California's ban on same-sex marriage, gay people await a ruling that could change their lives."
Posted at 10:33 PM by Howard Bashman


"Iowa case cries out for Supreme Court clarity; Appeals court gives mixed review to campaign law": The Des Moines Register has an editorial that begins, "When the U.S. Supreme Court ruled in 2010 that corporations have a First Amendment right to spend money to advocate for political candidates, it made clear that the Constitution does not prohibit laws requiring public reporting of corporate campaign spending."
Posted at 10:02 PM by Howard Bashman


"Redefining marriage -- above the Supreme Court's pay grade; Ruling for homosexual 'marriage' would unleash endless national division": Chuck Donovan has this essay online at The Washington Times.
Posted at 09:58 PM by Howard Bashman


"Nina Totenberg Answers Your Supreme Court Questions": NPR has posted this item online today.

"SCOTUSblog" explains why you should follow its live blog instead of going to the U.S. Supreme Court to hear opinion announcements (even though this post already purports to have been updated tomorrow).

And for those who care about such things, on Monday of this week, the fastest announcements of U.S. Supreme Court opinions being handed down that morning appeared at the Twitter feed of U.S. Law Week.
Posted at 09:50 PM by Howard Bashman



"Liberals brace for Supreme Court decision on voting rights": Tom Curry, national affairs writer for NBC News, has this report.
Posted at 09:44 PM by Howard Bashman


"Supreme pitch: Justice Samuel Alito throws 1st pitch before Rangers game -- a bit wide of plate." The Associated Press has this report.
Posted at 08:50 PM by Howard Bashman


"Justice Alito to speak at inaugural Belmont law commencement; University expects 120 in school's first graduation class": Nashville Post has this report.

Nashville Business Journal has a blog post titled "Belmont lands Justice Alito for first College of Law graduation."

And The Associated Press reports that "Supreme court justice to speak at Belmont."
Posted at 07:35 PM by Howard Bashman



"Could Supreme Court's Arizona Ruling Lead to Voting Messes Down the Road? Some court-watchers say the opinion might strip Congress of the power to regulate the ballot -- but, for now, they can probably relax." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 07:30 PM by Howard Bashman


"Guantanamo prosecutors say arguments on waterboarding should be in secret session": Carol Rosenberg of The Miami Herald has an article that begins, "The prosecution in the Sept. 11 conspiracy trial put the judge on notice Wednesday that it wants to hold secret pretrial motions in the death-penalty case -- and exclude both the public and five alleged terrorists during discussion of their years in CIA custody."
Posted at 07:26 PM by Howard Bashman


"Justices' Princeton-related activities provide clues as to how they might rule": The Daily Princetonian has this report.
Posted at 04:37 PM by Howard Bashman


"Our Genes, Their Secrets": Online at The New York Times, Eleonore Pauwels has an essay that begins, "The Supreme Court's unanimous ruling last Thursday, barring patents on human genes, was a wise and balanced decision that clears away a major barrier to innovation in the areas of biotechnology, drug development and medical diagnostics."
Posted at 03:45 PM by Howard Bashman


"Lamar Alexander Warns Harry Reid Against Breaking Filibuster Pledge, Despite Breaking His Own": Jennifer Bendery of The Huffington Post has this report.

And the new installment of Al Kamen's "In the Loop" is headlined "Judges, judges, judges."
Posted at 03:24 PM by Howard Bashman



"McConnell Sings Very Different Tune On Nuclear Option Than In 2005": Sahil Kapur of TPM DC has this report.
Posted at 01:58 PM by Howard Bashman


"Supreme Court's Final Decisions Also A Verdict On SG Verrilli": Daniel Fisher has this blog post today at Forbes.com.
Posted at 01:50 PM by Howard Bashman


"Is DOMA Headed for Disaster? A limited ruling would be a constitutional trainwreck." Law professor Adam Winkler has this essay online today at The New Republic.
Posted at 01:27 PM by Howard Bashman


In posts of interest at "The BLT: The Blog of Legal Times": Tony Mauro has a post titled "Durbin Asks High Court to Go Live with Opinions."

And Zoe Tillman has a post titled "Justice Ginsburg: 'Optimistic' About Women in the Courts."
Posted at 01:22 PM by Howard Bashman



"Judge Rubenstein's age limit lawsuit still alive, lawyer says": The Intelligencer of Doylestown, Pennsylvania has this report.

In related commentary, today's edition of The Express-Times of Easton, Pennsylvania contains an editorial titled "Pa. Supreme Court makes the right call on judges' retirement age."

And today's edition of The Times-Tribune of Scranton, Pennsylvania contains an editorial titled "Balancing age against need to shift power."
Posted at 12:24 PM by Howard Bashman



"Study shows elections not good for justice; Campaign contributions affect state Supreme Court justices' decisions, researchers find": Peter Hall has this article today in The Morning Call of Allentown, Pennsylvania.
Posted at 12:18 PM by Howard Bashman


Tuesday, June 18, 2013

"Attention turns to Indiana Supreme Court justice in Rockport plant case": The Indianapolis Star has this recusal-related news update.
Posted at 10:16 PM by Howard Bashman


"Fisa court oversight: a look inside a secret and empty process; Obama and other NSA defenders insist there are robust limitations on surveillance but the documents show otherwise." Glenn Greenwald has this essay online at The Guardian (UK).
Posted at 08:26 PM by Howard Bashman


"Court upholds Arizona law that denies bail to certain immigrants": Maura Dolan of The Los Angeles Times has this news update.

The Associated Press reports that "Appeals court upholds ruling on Arizona's bail law."

And at her "Trial Insider" blog, Pamela A. MacLean reports that "Arizona No-Bail Law for Alien Arrestees Upheld."

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 07:45 PM by Howard Bashman



"Judge urges new approach for Gitmo detainee cases": The Associated Press has a report that begins, "A federal appeals court judge Tuesday called on the president and Congress to consider a different approach to the handling of legal cases of Guantanamo Bay prisoners."

The AP's report focuses on an opinion concurring in the judgment that accompanied a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 05:20 PM by Howard Bashman



"Supreme Court rejects Kopp's bid to have murder conviction overturned": The Buffalo News has an article that begins, "James C. Kopp, the anti-abortion zealot who fatally shot an Amherst physician nearly 15 years ago, lost his latest -- and likely last -- bid to have his convictions overturned at the U.S. Supreme Court on Monday."
Posted at 04:32 PM by Howard Bashman


"Judges uphold import ban on polar bear hides": Jeremy P. Jacobs of Greenwire has this report.

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 04:22 PM by Howard Bashman



"Google challenges U.S. gag order, citing First Amendment": The Washington Post has a news update that begins, "Google asked the secretive Foreign Intelligence Surveillance Court on Tuesday to ease long-standing gag orders over data requests it makes, arguing that the company has a constitutional right to speak about information it's forced to give the government."
Posted at 04:18 PM by Howard Bashman


"Senate Republicans: We Won't Be The First To Go Nuclear." Sahil Kapur of TPM DC has this report.
Posted at 04:15 PM by Howard Bashman


"The Next Citizens United? The Supreme Court tackles a new frontier in campaign finance law." Jeremy P. Jacobs has this article in Campaigns & Elections.
Posted at 04:12 PM by Howard Bashman


"David Boies On Gay Marriage Ruling: Opponents Likely Don't Have Standing." Sam Stein of The Huffington Post has this report.
Posted at 04:05 PM by Howard Bashman


"Supreme Court to resolve circuit split on timing of appeals": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 03:57 PM by Howard Bashman


"Clarence Thomas, Liberal: In the strange world of the Supreme Court, sometimes being an archconservative can turn you into a liberal." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 03:45 PM by Howard Bashman


"FBI Looks for Leaks at Foreign Intelligence Surveillance Court; Investigators still do not know if the FISA system has been compromised, or if Edward Snowden was the source of the Verizon warrant published by the 'Guardian'": Eli Lake of The Daily Beast has this report.
Posted at 02:24 PM by Howard Bashman


"Can a Treaty Increase the Power of Congress?" The Cato Institute has posted online the video of this event, held last Friday and featuring law professor Nicholas Quinn Rosenkranz and Ninth Circuit Chief Judge Alex Kozinski, at this link.
Posted at 01:10 PM by Howard Bashman


"McConnell To Reid: If You Go Nuclear On Nominations, I'll Go Nuclear On Everything When I'm Majority Leader." Sahil Kapur of TPM DC has this report.
Posted at 01:07 PM by Howard Bashman


"Supreme Court to Decide on Voting Rights": Ariane de Vogue of ABC News has this blog post.
Posted at 01:05 PM by Howard Bashman


"D.C. Circuit Judge Srinivasan Sworn In": Zoe Tillman has this post at "The BLT: The Blog of Legal Times."
Posted at 12:57 PM by Howard Bashman


"Pa. high court rejects changing mandatory retirement for judges": Paula Reed Ward has this article today in The Pittsburgh Post-Gazette.

And today's edition of The Pittsburgh Tribune-Review contains an article headlined "Pa. Supreme Court: Judges still have to retire at 70."

My earlier coverage of yesterday's Pennsylvania Supreme Court ruling appears at this link.
Posted at 09:52 AM by Howard Bashman



"Why America Still Needs Affirmative Action": John Cassidy has this blog post online today at The New Yorker.
Posted at 09:46 AM by Howard Bashman


"U.S. lawyer Cliff Sloan faces tough assignment: Closing Guantanamo." Reuters has this report.
Posted at 09:45 AM by Howard Bashman


"Justice Dept. Releases Recommended Fates for Guantanamo Detainees": Charlie Savage of The New York Times has this report.
Posted at 09:34 AM by Howard Bashman


"A 5-4 Ruling, One of Three, Limits Silence's Protection": Adam Liptak has this article today in The New York Times.

In today's edition of The Wall Street Journal, Jess Bravin has an article headlined "'Right to Remain Silent' Is Limited."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion recap: If you want to claim the Fifth . . . ."
Posted at 08:50 AM by Howard Bashman



"Special Report: For top U.S. lawyers, case in Guam is rare prize." Joan Biskupic of Reuters has this article today.
Posted at 08:45 AM by Howard Bashman


"Why The FISA Court Is Not What It Used To Be": This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 08:42 AM by Howard Bashman


"Hearst to 2nd Circuit: Clarify intern issue." Carlyn Kolker of Reuters has this report.
Posted at 08:34 AM by Howard Bashman


"Claims against generics not pre-empted, California court rules": Terry Baynes of Reuters has a report that begins, "A California appeals court has supplied an opening for plaintiff lawyers seeking to hold generic drugmakers liable for injuries allegedly caused by their copycat drugs."

You can access last Thursday's ruling of the California Court of Appeal for the Fourth Appellate District, Division Three, at this link.
Posted at 08:33 AM by Howard Bashman



Monday, June 17, 2013

"G.O.P. Pushes New Abortion Limits to Appease Vocal Base": This article will appear in Tuesday's edition of The New York Times.
Posted at 10:30 PM by Howard Bashman


"Dispute over Obama's choices for D.C. court centers on need -- and politics": Kate Irby of McClatchy Washington Bureau has this report.

At TPM LiveWire, Sahil Kapur reports that "Senate Dems Schedule Hearing For D.C. Circuit Nominee Patricia Millett."

And today's edition of The Des Moines Register contains an editorial titled "Grassley's 'court-packing' analogy goes astray; An independent commission, not politics, should guide the distribution of federal appeals judges."
Posted at 09:24 PM by Howard Bashman



"At the Supreme Court, Divisions and Signs of Trouble to Come: Two new rules for criminal cases, and a discussion -- in code -- about Roe v. Wade." Andrew Cohen has this essay online at The Atlantic.
Posted at 09:18 PM by Howard Bashman


"FOIA suit reveals Guantanamo's 'indefinite detainees'": Carol Rosenberg of The Miami Herald has this report.
Posted at 09:15 PM by Howard Bashman


"Supreme Court limits judges' discretion on minimum sentences; Any fact that increases the mandatory minimum sentence for a crime must be determined by a jury, not a judge, the Supreme Court rules in an important Sixth Amendment case": Warren Richey of The Christian Science Monitor has this report.
Posted at 08:30 PM by Howard Bashman


"This Time, Scalia Doesn't Want to See Your Papers: The Supreme Court declares Arizona's voter registration law unconstitutional." Emily Bazelon has this jurisprudence essay online at Slate.

Online at The Daily Beast, law professor Richard L. Hasen -- author of the "Election Law Blog" -- has an essay titled "The Supreme Court Gives States New Weapons in the Voting Wars; What looks like a victory for the federal government may give states new powers to resist Washington's control over elections."

And on this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Strikes Down Arizona Voting Law."
Posted at 08:15 PM by Howard Bashman



"Supreme Court Lets Regulators Sue Over Generic Drug Deals": Edward Wyatt will have this article Tuesday in The New York Times.

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court rules for generic drugs, against 'pay for delay.'"

Richard Wolf of USA Today reports that "Supreme Court hits drug companies' profit-sharing deals; Justices rule that settlements of patent lawsuits are often anti-competitive under federal law, even though they could benefit consumers in some cases."

Brent Kendall and Jonathan D. Rockoff of The Wall Street Journal have a news update headlined "Setback for Pacts That Delay Sale of Generics."

Politico.com reports that "SCOTUS gives pay-for-delay case another day in court."

At "SCOTUSblog," Lyle Denniston has a post titled "Opinion recap: 'Pay to delay' in deep trouble."

Alison Frankel's "On the Case" from Thomson Reuters News & Insight has a report titled "SCOTUS pay-for-delay ruling: New scrutiny for nonpharma patent deals?"

And this evening's broadcast of NPR's "All Things Considered" contained an audio segment titled "High Court Sides With Regulators In Drug Patent Case."
Posted at 07:50 PM by Howard Bashman



"Feds won't budge on public access to drone legal memos": Josh Gerstein of Politico.com has this blog post.
Posted at 06:22 PM by Howard Bashman


"Arizona citizenship proof law: Supreme Court issues split ruling." Rebekah L. Sanders of The Arizona Republic has this news update.

Howard Fischer of The Arizona Daily Star has a news update headlined "Supreme Court: Arizona citizenship proof voting law illegal."

Adam Liptak of The New York Times has a news update headlined "Justices Block Law Requiring Voters to Prove Citizenship."

Robert Barnes of The Washington Post has a news update headlined "Supreme Court says states may not add citizenship proof for voter registration."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court blocks Arizona law on voter registration."

Richard Wolf of USA Today has an article headlined "Justices: Arizona voter registration rules go too far; Supreme Court ruling could block other states from imposing new restrictions on citizens seeking to register to vote."

Jess Bravin and Tamara Audi of The Wall Street Journal have a news update headlined "Supreme Court Strikes Down Arizona Voting Rules."

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court rejects Arizona's proof-of-citizenship voting law."

Warren Richey of The Christian Science Monitor has an article headlined "Arizona can't ask voters for proof of citizenship, Supreme Court rules; By 7 to 2, the Supreme Court justices struck down Arizona's Proposition 200 as violating the National Voter Registration Act, which requires only a written declaration of US citizenship."

Josh Gerstein of Politico.com reports that "SCOTUS rejects Arizona voter registration rule."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion recap: One hand giveth . . . ."
Posted at 06:03 PM by Howard Bashman



"Top Court to hear Mount Holly discrimination suit": The Star-Ledger of Newark, New Jersey has this news update.
Posted at 05:44 PM by Howard Bashman


"Pa. Supreme Court upholds law requiring judges to retire at age 70": The Patriot-News of Harrisburg, Pennsylvania has this update.

Peter Hall of The Morning Call of Allentown, Pennsylvania has a news update headlined "Pa. Supreme Court upholds mandatory retirement for judges."

The Express-Times of Easton, Pennsylvania has a news update headlined "Pennsylvania judges can be ousted over age, state Supreme Court rules."

And The Associated Press reports that "Pa. high court upholds judge's retirement age."

Today's ruling of the Supreme Court of Pennsylvania consists of a unanimous opinion of the court and a concurring opinion.
Posted at 05:36 PM by Howard Bashman



Programming note: Due to a meeting with co-counsel in a case that is expected to be heading to appeal, additional posts will not appear here until this evening.
Posted at 12:20 PM by Howard Bashman


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

1. Justice Samuel A. Alito, Jr. announced the judgment of the Court in Salinas v. Texas, No. 12-246, and delivered an opinion in which Chief Justice John G. Roberts and Justice Anthony M. Kennedy joined. Justice Clarence Thomas issued an opinion concurring in the judgment, in which Justice Antonin Scalia joined. And Justice Stephen G. Breyer issued a dissenting opinion, in which Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan joined. You can access the oral argument via this link.

2. Justice Breyer delivered the opinion of the Court in FTC v. Actavis, Inc., No. 12-416. The Chief Justice issued a dissenting opinion, in which Justices Scalia and Thomas joined. Justice Alito did not participate in the decision. You can access the oral argument via this link.

3. Justice Thomas delivered the opinion of the Court in large measure in Alleyne v. United States, No. 11-9335. Justice Sotomayor issued a concurring opinion, in which Justices Ginsburg and Kagan joined. Justice Breyer issued an opinion concurring in part and concurring in the judgment. The Chief Justice issued a dissenting opinion, in which Justices Scalia and Kennedy joined. And Justice Alito issued a dissenting opinion. You can access the oral argument via this link.

4. Justice Kennedy delivered the opinion of the Court in Maracich v. Spears, No. 12-25. Justice Ginsburg issued a dissenting opinion, in which Justices Scalia, Sotomayor, and Kagan joined. You can access the oral argument via this link.

5. And Justice Scalia delivered the opinion of the Court in Arizona v. Inter Tribal Council of Ariz. Inc., No. 12-71. Justice Kennedy issued an opinion concurring in part and concurring in the judgment. And Justices Thomas and Alito each filed a dissenting opinion. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "Court: 'pay to delay' generic drugs can be illegal"; "Court: Ariz. citizenship proof law illegal"; "Court says pre-Miranda silence can be used"; "Court says jury should have final say in minimums"; and "High court says driver records protected."

Greg Stohr of Bloomberg News reports that "Drugmakers Opened to 'Pay for Delay' Suits by High Court" and "Voter Proof-of-Citizenship Law Voided by Supreme Court."

And Reuters reports that "U.S. justices say FTC can challenge deals that keep generic drugs off market" and "Supreme Court invalidate Arizona voter registration law."
Posted at 10:05 AM by Howard Bashman



"ATT Hacker Weev Is Flashpoint for Website Crime Law": Dune Lawrence and David Voreacos of Bloomberg News have this report.
Posted at 09:52 AM by Howard Bashman


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

In early news coverage, The Associated Press reports that "High court to hear NJ housing discrimination case"; "Court will review dispute between airline, pilot"; and "Court won't hear Seattle officer appeal."

Greg Stohr of Bloomberg News reports that "Racial Bias in Lending, Housing Gets Supreme Court Review."

And Lawrence Hurley of Reuters reports that "Justices agree to hear airline defamation case."
Posted at 09:34 AM by Howard Bashman



"Miss USA Erin Brady talks SCOTUS ruling to take crown": Politico.com has this report.
Posted at 09:28 AM by Howard Bashman


"NLRB poster rule likely dead after second federal appeals court ruling": Amanda Becker of Reuters has this report.
Posted at 09:26 AM by Howard Bashman


"Plaintiff lawyers seek a new lifeline in medical device cases": Terry Baynes of Reuters has a report that begins, "Plaintiff lawyers are trying a new strategy to get around a 2008 Supreme Court ruling that protects many types of medical device makers from personal injury lawsuits."
Posted at 09:22 AM by Howard Bashman


"Prosecutor: Court ruling cuts vision for Guantanamo war crimes trials." Carol Rosenberg of The Miami Herald has this report.
Posted at 09:05 AM by Howard Bashman


"News Coverage Conveys Strong Momentum for Same-Sex Marriage": The Pew Research Center issued this report (PDF) today.

Update: The link to the report worked when originally posted but later stopped working. I have updated this post to supply a new, working link to the report.
Posted at 07:25 AM by Howard Bashman



"Why Justice Ginsburg should step down": Law professor Kent Greenfield has this op-ed today in The Boston Globe.
Posted at 07:18 AM by Howard Bashman


"Civil Rights Rules in Court's Sights as Term Nears Finale": Greg Stohr of Bloomberg News has this report.

And Mollie Reilly of The Huffington Post reports that "Supreme Court Rulings Loom On Affirmative Action, Gay Marriage, Voting Rights."
Posted at 07:10 AM by Howard Bashman



Sunday, June 16, 2013

"Obama not guilty of 'court packing'; Filling existing vacancies is his job": Monday's edition of USA Today will contain this editorial.

The newspaper will also contain an op-ed in response by U.S. Senator Orrin Hatch (R-UT) titled "Judges confrontation a made up fight; Fill other court vacancies first."
Posted at 10:00 PM by Howard Bashman



"Court ruling on genes is a 'victory for common sense'": This interview with Mary-Claire King appears online at New Scientist.
Posted at 08:24 PM by Howard Bashman


"Conservatives likely to write most remaining decisions in Supreme Court's term": Robert Barnes will have this new installment of his "The High Court" column in Monday's edition of The Washington Post.
Posted at 08:20 PM by Howard Bashman


"Medical ethicists say stop Guantanamo force-feeding": Carol Rosenberg of The Miami Herald has this report.

And The Associated Press reports that "Obama chooses lawyer as Guantanamo closure envoy."

Update: In Monday's edition of The New York Times, Charlie Savage will have an article headlined "Kerry Associate Chosen for Post on Closing Guantanamo Prison."
Posted at 08:17 PM by Howard Bashman



"Amid Gitmo strike, ex-detainee tells of force-feed": The Associated Press has this report.
Posted at 01:38 PM by Howard Bashman


"Why Justice Stevens Is Dead Wrong About DNA Searches: Is it really less intrusive to collect someone's vital data for eternity than it is to rummage through his papers briefly?" Andrew Cohen has this essay online at The Atlantic.
Posted at 01:35 PM by Howard Bashman


"Why Both Sides Want Gay Marriage Settled By The States": Alan Greenblatt has this report online at NPR.
Posted at 01:33 PM by Howard Bashman


"U.S. surveillance architecture includes collection of revealing Internet, phone metadata": Barton Gellman has this front page article today in The Washington Post.
Posted at 01:32 PM by Howard Bashman


"Sunday Dialogue: How the Court Decides." This letter to the editor and responses to it appear in the Sunday Review section of today's edition of The New York Times.
Posted at 01:26 PM by Howard Bashman


"Affirmative action ruling contest: race vs. class." The Associated Press has this report.
Posted at 11:20 AM by Howard Bashman


"Supreme Court gay-marriage rulings: Anything but simple; The Supreme Court rulings are not as simple as whether gays and lesbians can marry or not, and whether they become eligible for federal benefits." Richard Wolf of USA Today has this report.
Posted at 09:42 AM by Howard Bashman


"Alabama Supreme Court to hear arguments on whether to reconsider its brand name drug liability opinion": The Birmingham News has this report.
Posted at 09:40 AM by Howard Bashman


"Supreme Court considers landmark equality cases; Justices are deciding whether to pull back on 1960s-era remedies for racial discrimination, while extending equal marriage rights to gays and lesbians": David G. Savage has this article today in The Los Angeles Times.
Posted at 09:38 AM by Howard Bashman


"Under the U.S. Supreme Court: Natural DNA can't be patented." Michael Kirkland of UPI has this report.

And in earlier coverage, The Seattle Times had an article headlined "UW geneticist who discovered breast-cancer genes flying high over Supreme Court ruling; The University of Washington geneticist who discovered the breast cancer genes at the heart of the Supreme Court's landmark decision said Thursday that she's 'as high as the flag on the Fourth of July.'"
Posted at 09:34 AM by Howard Bashman



Saturday, June 15, 2013

"Castille: McCaffery should 'rethink his position' on Pa. high court." On Wednesday, Dave Davies of WHYY-FM in Philadelphia had this post at his "Off Mic" blog.
Posted at 01:18 PM by Howard Bashman


Senior First Circuit Judge Bruce M. Selya, in the news: Reuters reports that "Web companies begin releasing surveillance information after U.S. deal." The article, in its current form, refers to "U.S. District Judge Bruce Selya, who headed the FISA court's Court of Review."

And in related commentary, today at The New Yorker's "Close Read" blog, Amy Davidson has a post titled "Yahoo and the Secret Court."
Posted at 01:16 PM by Howard Bashman



"Behind Scolding of the F.D.A., a Complex and Gentle Judge": In today's edition of The New York Times, Pam Belluck has a front page article that begins, "The judge whose vehement ruling ordered the Obama administration to surrender and make the morning-after pill available to all ages without a prescription is strikingly soft-spoken, so much so that to hear him in chambers, a visitor must sometimes lean forward from the raspberry-and-chartreuse striped sofa that is a legacy from his parents' 1940s Brooklyn living room."
Posted at 09:23 AM by Howard Bashman


"Prenda Law is 'winding down,' and desperate to avoid a costly appeal; A $237,000 up-front bill for appeal is off-base, argue porn-trolling lawyers": Joe Mullin of Ars Technica has this report.
Posted at 09:22 AM by Howard Bashman


Friday, June 14, 2013

"Guantanamo's first secret national security session a mystery": Carol Rosenberg of The Miami Herald has this report.
Posted at 11:52 PM by Howard Bashman


"Harvard Geneticists React to Supreme Court's Gene Patent Ruling; Medical School professors expect decision to have little impact on scientific landscape": The Harvard Crimson has this report.

And online at Slate, Noam Prywes has an essay titled "The Supreme Court's Sketchy Science: Their BRCA patent ruling reads like an earnest seventh grader's book report."
Posted at 11:50 PM by Howard Bashman



The prepared text of retired Justice John Paul Stevens' remarks this afternoon to the American Constitution Society can be accessed online: At this link.

Update: In coverage of the speech, at "The BLT: The Blog of Legal Times," Matthew Huisman has a post titled "Former Justice Stevens Supports Majority in DNA Swab Case."
Posted at 04:22 PM by Howard Bashman



"Bosch v. Pylon: 1292(c)(2) CAFC Jurisdiction." Jason Rantanen has this post at "Patently-O" about an 81-page en banc ruling that the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 04:02 PM by Howard Bashman


"Fourth Circuit Strikes NLRB Poster Rule": Jenna Greene has this post at "The BLT: The Blog of Legal Times."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 02:36 PM by Howard Bashman



"U.S. High Court Vacates 11th Cir. On Plea; No automatic reversal for 'beyond the pale' remarks": Alyson M. Palmer has this article today in The Fulton County (Ga.) Daily Report.
Posted at 02:15 PM by Howard Bashman


"Supreme Court strikes down part of L.A. port's Clean Truck Program; The court rules that trucking companies don't have to affix placards to their vehicles or have off-site parking plans to haul goods in and out of the seaport": This article appears today in The Los Angeles Times.
Posted at 09:02 AM by Howard Bashman


"Calls from a justice raise concerns": Craig R. McCoy has this article today in The Philadelphia Inquirer.

Update: In earlier related coverage, on Wednesday, Amaris Elliott-Engel of The Legal Intelligencer had an article headlined "Sources: Justice McCaffery Contacted FJD About Cases."
Posted at 08:55 AM by Howard Bashman



"After Patent Ruling, Availability of Gene Tests Could Broaden": This article appears today in The New York Times.

And Bloomberg News reports that "Myriad Gene Patent Ruling Triggers Race for Cancer Tests."
Posted at 08:52 AM by Howard Bashman



"Supreme Court archive has about 14K hours of audio": Jessica Gresko of The Associated Press has this report.
Posted at 08:50 AM by Howard Bashman


"Constitution Check: Has the ACLU cleared a big hurdle to challenging secret spying?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:37 AM by Howard Bashman


"Stevens tapped for high court vacancy; Sugarloaf resident has served as president judge of state Superior Court since 2011": This article appears today in The Times-Leader of Wilkes-Barre, Pennsylvania.

And The Pittsburgh Post-Gazette reports today that "Corbett nominates Superior Court judge to fill Pa. Supreme Court vacancy."
Posted at 08:35 AM by Howard Bashman



"Senate approves two Pa. judges to federal bench": The Philadelphia Inquirer has this report.
Posted at 08:33 AM by Howard Bashman


"Alabama high court grants rehearing over brand-drugmaker liability": Terry Baynes of Reuters has a report that begins, "The Alabama Supreme Court on Thursday agreed to reconsider arguments over whether a brand-name drug company can be held liable for injuries allegedly caused by a competitor's product."
Posted at 08:30 AM by Howard Bashman


Thursday, June 13, 2013

"Federal court ruling loosens reporting requirements for independent political expenditures in Iowa": The Des Moines Register has this news update reporting on a ruling that the U.S. Court of Appeals for the Eighth Circuit issued today.
Posted at 11:22 PM by Howard Bashman


"Supreme Court Issues New Rule Barring Protests on Plaza": Adam Liptak has this post at "The Caucus" blog of The New York Times.

And at Politico.com, Tal Kopan has a blog post titled "Supreme Court issues new protest ban."
Posted at 10:32 PM by Howard Bashman



"On DNA, Scalia was right": Columnist Eugene Robinson will have this op-ed in Friday's edition of The Washington Post.
Posted at 10:30 PM by Howard Bashman


"Guantanamo judge orders first closed session of Obama war court": Carol Rosenberg of The Miami Herald has this report.
Posted at 10:25 PM by Howard Bashman


"SCOTUS in Myriad: Federal Circuit doesn't know what's patent-eligible." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 09:05 PM by Howard Bashman


"Obama's Pen May Shape Scope of Marriage Ruling": Friday's edition of The New York Times will contain an article that begins, "A Supreme Court ruling this month that could overturn the ban on federal benefits for same-sex couples is presenting the Obama administration with a series of complicated and politically sensitive decisions: how aggressively to overhaul references to marriage throughout the many volumes that lay out the laws of the United States."
Posted at 08:52 PM by Howard Bashman


"Supreme Court strikes down parts of L.A. port's Clean Truck Program": The Los Angeles Times has this report.
Posted at 04:13 PM by Howard Bashman


"AP: Gov. Corbett To Nominate Correale Stevens For Pa. Supreme Court Vacancy." The Associated Press has this report.

Stevens currently serves as the President Judge of the Superior Court of Pennsylvania. I know Judge Stevens quite well, and -- if this report is correct -- the appointment would represent a very positive development for litigants with cases pending before Pennsylvania's highest court.

Update: In other coverage, The Patriot-News of Harrisburg, Pennsylvania has a news update headlined "Corbett plans to pick Stevens for Pa. high court."
Posted at 03:52 PM by Howard Bashman



Jeremy P. Jacobs of Greenwire is reporting: He has articles headlined "Justices rule for Okla. over Texas in interstate water war" and "Ruling curbs port's crackdown on truck emissions."
Posted at 03:18 PM by Howard Bashman


"The Supreme Court's Bad Science on Gene Patents": Law professor Noah Feldman has this essay online at Bloomberg View.

Online at The New Republic, Jeff Guo has an essay titled "The Supreme Court Reveals its Ignorance of Genetics."

Online at Slate, Emily Bazelon has a jurisprudence essay titled "Patently Unfair: The Supreme Court won't let the biotech industry own nature -- which is good for you and me."

And At Forbes.com, Steven Salzberg has a blog post titled "Supreme Court Gets Decision Right On Gene Patents, Science Wrong."
Posted at 03:00 PM by Howard Bashman



"U.S. Supreme Court sides with Oklahoma in water case; In a unanimous decision, the U.S. Supreme Court says a Texas state agency has no right to reach into Oklahoma for a share of water": Chris Casteel of The Oklahoman has this news update.

Richard Wolf of USA Today has a news update headlined "Supreme Court sides with Oklahoma in water fight; Decision could impact multistate water compacts that are common throughout the West."

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court plugs up Oklahoma river as water source for Texas."

And The Texas Tribune reports that "Supreme Court Backs Oklahoma Over Texas Water District."
Posted at 01:48 PM by Howard Bashman



"'Pattern of misconduct' demands full investigation of Fifth Circuit Judge Edith Jones": This post appears today at the "Justice Watch" blog of the Alliance for Justice. The post links to a letter that the organization's president issued today in support of the judicial misconduct complaint.
Posted at 01:42 PM by Howard Bashman


"New protest ban for the plaza": Lyle Denniston has this post at "SCOTUSblog."

Update: In other coverage, The Associated Press has a report headlined "New anti-demonstration rule at Supreme Court."
Posted at 01:02 PM by Howard Bashman



Toobin predicts that he will end predictions: Politico.com reports that "Jeffrey Toobin pledges to end predictions."
Posted at 12:15 PM by Howard Bashman


"Supreme Court Rules Human Genes May Not Be Patented": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court rules human genes may not be patented."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court rules against patenting human genes."

Richard Wolf of USA Today reports that "Justices rule human genes cannot be patented; Supreme Court decision is a win for women with genetic risk of breast and ovarian cancers, as well as geneticists and researchers who had criticized a Utah company's exclusive patent."

Brent Kendall and Jess Bravin of The Wall Street Journal have a news update headlined "Supreme Court Says Human Genes Aren't Patentable."

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court rejects patents for natural human genes."

Greg Stohr of Bloomberg News reports that "Gene Patents Limited by Court in Mixed Ruling for Myriad."

Lawrence Hurley of Reuters reports that "Supreme Court says naturally occurring human DNA can't be patented."

Politico.com reports that "Supreme Court rules genes can't be patented."

At "The BLT: The Blog of Legal Times," Tony Mauro has a blog post titled "Supreme Court Rules Natural DNA Not Patentable."

At Wired.com's "Threat Level" blog, David Kravets has a post titled "Supreme Court Strikes Down Human Gene Patents."

At "SCOTUSblog," Lyle Denniston has a post titled "Opinion recap: No patent on natural gene work."

And at Forbes.com, Daniel Fisher has a blog post titled "Supreme Court Rejects Human-Gene Patents -- Sort Of."
Posted at 11:56 AM by Howard Bashman



"DC circuit reviewing judge's alleged misconduct": The Associated Press has a report that begins, "A council of federal judges in Washington will look into a misconduct complaint against a conservative judge who's alleged to have made racially discriminatory comments."

My most recent earlier coverage appears here and here.
Posted at 11:08 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 Elena Kagan delivered the opinion for a unanimous Court in American Trucking Assns., Inc. v. Los Angeles, No. 11-798. Justice Clarence Thomas issued a concurring opinion. You can access the oral argument via this link.

2. Justice Sonia Sotomayor delivered the opinion for a unanimous Court in Tarrant Regional Water Dist. v. Herrmann, No. 11-889. You can access the oral argument via this link.

3. Justice Ruth Bader Ginsburg delivered the opinion of the Court in United States v. Davila, No. 12-167. Justice Antonin Scalia issued an opinion concurring in part and concurring in the judgment, in which Justice Thomas joined. You can access the oral argument via this link.

4. And Justice Clarence Thomas delivered the opinion of the Court in Association for Molecular Pathology v. Myriad Genetics, Inc., No. 12-398. Justice Scalia issued an opinion concurring in part and concurring in the judgment. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Court says human genes cannot be patented"; "Court sides with Oklahoma in Red River dispute"; and "Court overturns part of port's trucking plan."
Posted at 10:05 AM by Howard Bashman



"Prostitution appeal finally gets its day in court": In today's edition of The Toronto Globe and Mail, Kirk Makin has an article that begins, "Six years and 25,000 pages of evidence after it began, a landmark Charter challenge to the country's prostitution laws reaches the Supreme Court of Canada Thursday." Makin also has a related article headlined "Crown punts sex-for-hire issue to politicians in landmark court battle."

And The Canadian Press reports that "Supreme Court to hear prostitution challenge as protesters prepare."
Posted at 09:58 AM by Howard Bashman



"D.C.-based groups bombarded state high court races with ads; Out-of-state groups spent millions to influence voters' supreme court choices": Alan Suderman and Ben Wieder of The Center for Public Integrity have this report today.
Posted at 09:55 AM by Howard Bashman


"Judge tosses out law banning protests on Supreme Court plaza": Robert Barnes of The Washington Post has this report.

David G. Savage of The Los Angeles Times reports that "Ban on demonstrations outside Supreme Court struck down."

Warren Richey of The Christian Science Monitor has an article headlined "Free speech outside Supreme Court: Ban on protests in plaza struck down; A 60-year-old statute barring all protest on the marble plaza outside the US Supreme Court is 'irreconcilable with the First Amendment,' a federal judge in Washington ruled."

And Tal Kopan of Politico.com has a blog post titled "Ban on Supreme Court protests ruled unconstitutional."
Posted at 09:54 AM by Howard Bashman



"Top court's gay marriage ruling won't be last word": Joan Biskupic of Reuters has this news analysis.
Posted at 09:50 AM by Howard Bashman


"Obama's Supreme Court Losing Streak: 0-3 in Property Rights Cases": Damon W. Root has this post at Reason.com's "Hit & Run" blog.
Posted at 09:48 AM by Howard Bashman


"Supreme Court Affirmative Action Ruling Hinges on Kennedy": Ariane de Vogue of ABC News has this report.
Posted at 09:20 AM by Howard Bashman


"Report: Campaign Contributions Influence State Courts." Zoe Tillman of The National Law Journal has this article.

This blog's earlier coverage of the report can be accessed here.
Posted at 08:22 AM by Howard Bashman



"Rare formal review ordered for federal judge": The Houston Chronicle has this report.

My most recent earlier coverage appears at this link.
Posted at 08:20 AM by Howard Bashman



"Police Agencies Are Assembling Records of DNA": Joseph Goldstein has this front page article in today's edition of The New York Times.
Posted at 08:07 AM by Howard Bashman


Wednesday, June 12, 2013

"Federal Plan for 'Morning After' Pill's Sale Is Approved": This article will appear Thursday in The New York Times.
Posted at 11:32 PM by Howard Bashman


"Transfer of Judicial Misconduct Complaint against Circuit Judge Edith H. Jones": Chief Justice John G. Roberts, Jr. issued this letter today to evidence his transfer of the judicial misconduct complaint to the Judicial Council of the District of Columbia Circuit.
Posted at 11:20 PM by Howard Bashman


"Medical ethicists say stop Guantanamo force-feeding": Carol Rosenberg of The Miami Herald has this report.
Posted at 08:55 PM by Howard Bashman


"What's Your Hurry?" Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 08:37 PM by Howard Bashman


"Sotomayor reflects on rise from Bronx to top US court": Chantal Valery of Agence France-Presse has this report.
Posted at 05:26 PM by Howard Bashman


"Lawsuits over government surveillance languish": The Associated Press has this report.
Posted at 05:06 PM by Howard Bashman


"Report: Obama Tops in Diversifying Federal Bench." Todd Ruger has this post today at "The BLT: The Blog of Legal Times."

And online at USA Today, Doug Kendall has an essay titled "Duh, it is president's job to nominate judges; It is time for the Senate to do its job by confirming D.C. Circuit Court nominees."
Posted at 05:03 PM by Howard Bashman



"Justice O'Connor rails against electing Pa. judges": Jeff Blumenthal of Philadelphia Business Journal has this report.
Posted at 05:00 PM by Howard Bashman


"What Is Anthony Kennedy Thinking? Why the Supreme Court justice might decide we've been thinking about gay marriage all wrong." Law professor Sonja West has this jurisprudence essay online at Slate.
Posted at 04:57 PM by Howard Bashman


"Obama Waves White Flag in Contraceptive Battle": This article appears today in The New York Times.
Posted at 10:52 AM by Howard Bashman


"Bathrooms Are Not Separate-But-Equal; A Maine court case signals the next frontier of civil rights: transgender equality." Law professor Adam Winkler has this essay online today at The New Republic.

As The Bangor Daily News recently noted in an article headlined "High court to hear arguments in transgender bathroom case Wednesday," the case is scheduled for oral argument today in the Supreme Judicial Court of Maine.
Posted at 10:48 AM by Howard Bashman



"Judge Strikes Law Banning Demonstrations at Supreme Court": Tony Mauro of The National Law Journal has this report.

You can access yesterday's ruling of the U.S. District Court for the District of Columbia at this link.

Update: In other coverage, The Associated Press reports that "Judge sides with arrested Supreme Court protester."

At "SCOTUSblog," Lyle Denniston has a post titled "Court plaza ordered open to protests."

And Lawrence Hurley of Reuters reports that "Judge invalidates protest ban on Supreme Court plaza."
Posted at 10:25 AM by Howard Bashman



"Supreme Court Justice Stephen Breyer on the benefits of educational exchange": Frances Stead Sellers has this post at "The Reliable Source" blog of The Washington Post.
Posted at 08:25 AM by Howard Bashman


"Supreme court urged to reject challenge to prisoner voting ban; Attorney general asks justices to rule against legal battles by two inmates seeking right to cast ballots in elections": The Guardian (UK) has this report.
Posted at 08:23 AM by Howard Bashman


"Wide majority opposes race-based college admissions programs, Post-ABC poll finds": Today's edition of The Washington Post contains an article that begins, "Americans overwhelmingly oppose race-based college admissions and support extending federal benefits to same-sex couples, according to a new Washington Post-ABC News poll that finds broad public agreement on issues awaiting Supreme Court decisions this month."
Posted at 08:16 AM by Howard Bashman


Tuesday, June 11, 2013

"Business donations to judges' campaigns often equal friendly rulings": Michael Doyle of McClatchy Washington Bureau has an article that begins, "State supreme court justices are favoring the corporate interests that finance their election campaigns, a comprehensive new study concludes."

My earlier coverage of the study (PDF) appears at this link.
Posted at 11:04 PM by Howard Bashman



"Appeals court rules man can challenge Oklahoma 'rain god' plate; The 10th U.S. Circuit Court of Appeals ruled 3-0 that a judge in Oklahoma City erred by throwing out the lawsuit of Keith Cressman, pastor of St. Mark's United Methodist Church in Bethany": The Oklahoman has this news update.

And The Associated Press now has a more detailed report headlined "Court: Man can challenge Oklahoma 'rain god' plate."

My earlier coverage of today's Tenth Circuit ruling appears at this link.
Posted at 10:46 PM by Howard Bashman



"Serial killer's life may get spared again": 12News of Beaumont, Texas has this report.

The Associated Press reports that "Violent Texas man set to die for fireman's slaying."

The Austin Chronicle has a report headlined "Chief Judge: New Panel Will Be Assigned to Consider Death Row Appeal; Execution still slated for tomorrow."

And at his "Sentencing Law and Policy" blog, Douglas A. Berman has a post titled "Notable capital habeas echo from Firth Circuit after complaint about Judge Jones."

You can access today's unpublished reassignment ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 10:20 PM by Howard Bashman



"Palmer Raids Redux: NSA v civil liberties." Law professor Jeffrey Rosen has this essay online at Reuters.
Posted at 03:47 PM by Howard Bashman


"Appeals Court Reinstates Lawsuit Over Indian 'God' On Oklahoma License Plate": The Associated Press has a report that begins, "A federal appeals court says Oklahoma's Indian 'rain god' license plate can be challenged on grounds that amounts to a state endorsement of a religion."

And at the blog "Turtle Talk," Matthew L.M. Fletcher has a post titled "Tenth Circuit Revives Establishment Clause Challenge to Oklahoma's Indian Arrow License Plate."

You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 03:42 PM by Howard Bashman



"Huguely asks for expanded appeal": Frank Green of The Richmond Times-Dispatch has a news update that begins, "Lawyers for George Huguely V, convicted of the slaying of Yeardley Love at the University of Virginia where the two were students, asked the judges of the Virginia Court of Appeals this morning to expand his appeal."
Posted at 03:36 PM by Howard Bashman


"Guantanamo war court debate: When is a spiral notebook a weapon?" Carol Rosenberg of The Miami Herald has this report.
Posted at 03:35 PM by Howard Bashman


"Justice at Risk: An Empirical Analysis of Campaign Contributions and Judicial Decisions." The American Constitution Society today issued this report (PDF), written by law professor Joanna Shepherd.

At The Washington Post's "Wonkblog," Dylan Matthews has a related post titled "When businesses give judges money, they usually get the rulings they want."
Posted at 03:22 PM by Howard Bashman



"Court hears arguments on NYC's big soda ban": The Associated Press has a report that begins "A state appeals court is considering whether to allow New York City to ban oversized sodas and other large sugary drinks at city restaurants as part of its war on diabetes and obesity."

And Bloomberg News reports that "Large-Sized Soda Limits Should Be Reinstated, N.Y. Says."
Posted at 02:33 PM by Howard Bashman



"Comic writer's Ghost Rider copyright lawsuit revived on appeal": Bernard Vaughan of Reuters has this report.

Bloomberg News reports that "Marvel Must Defend 'Ghost Rider' Copyright, Court Says."

And The Associated Press reports that "NY 'Ghost Rider' lawsuit reinstated."

My earlier coverage of today's Second Circuit ruling appears at this link.
Posted at 02:25 PM by Howard Bashman



"Calif. readies for possible return of gay marriage": The Associated Press has this report.
Posted at 02:22 PM by Howard Bashman


"A Small Right-Wing Conspiracy: The Federalist Society; The elite Federalist Society has become one of the most effective conservative groups in the country; How did it happen?" Law professor David Fontana has this essay online today at The Daily Beast.
Posted at 02:20 PM by Howard Bashman


"United States scales back plans for Guantanamo prosecutions": Jane Sutton of Reuters has this report.
Posted at 12:12 PM by Howard Bashman


"New Leadership for Federal Courts' Administrative Office": Zoe Tillman has this post today at "The BLT: The Blog of Legal Times."

You can access at this link today's news release from the U.S. Supreme Court.
Posted at 11:53 AM by Howard Bashman



"Meet 'Mr. Ali,' Somali Pirate Negotiator": Wired.com's "Danger Room" blog had this post back in June 2009.

Now in federal criminal custody, Ali Mohamed Ali is the subject of an interesting piracy-related ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.

Update: In other coverage, at his "Suits & Sentences" blog, Michael Doyle of McClatchy Washington Bureau has a post titled "Piracy case captivates D.C. Circuit."
Posted at 11:40 AM by Howard Bashman



For those who believe that federal appellate court rulings need to contain more comic book pages: The U.S. Court of Appeals for the Second Circuit issued this ruling today.

Update: In other coverage, at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Marvel's 'Ghost Rider' Legal Victory Overturned; The Second Circuit remands for trial the issue of who holds rights to the popular comic book character."
Posted at 11:30 AM by Howard Bashman



"Judicial Selection Reform: All Over the Map; States are unlikely to reach consensus, so they should aim to reduce role of money, regardless of selection method." Earlier this month, Aaron Bayer had this essay in The National Law Journal.
Posted at 10:28 AM by Howard Bashman


In news from Afghanistan: The Associated Press reports that "Suicide blast in Kabul kills 14 at Supreme Court."
Posted at 10:20 AM by Howard Bashman


"Appeals court will consider blocked NYC soda ban on Tuesday": Joseph Ax of Reuters has this report.
Posted at 10:17 AM by Howard Bashman


"In jurisdiction battle, 3rd Circuit rules for GSK": Terry Baynes of Reuters has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued last Friday.
Posted at 10:06 AM by Howard Bashman


"Constitution Check: Will the courts put limits on the government's electronic spying?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:00 AM by Howard Bashman


"Ninth Circuit Keeps Cards Close in Google Street View Case": Scott Graham of The Recorder has this report.

My earlier coverage of yesterday's Ninth Circuit oral argument (audio link) can be accessed here.
Posted at 09:44 AM by Howard Bashman



"Supreme Court bars retroactive application of sentencing guidelines": Robert Barnes has this article today in The Washington Post.

Bob Egelko of The San Francisco Chronicle reports that "Law OKing pickets on private land stands."

And Warren Richey of The Christian Science Monitor has reports headlined "Supreme Court rules in dispute over federal sentencing guidelines; The Supreme Court ruled that a businessman was entitled to be sentenced under a version of sentencing guidelines in effect at the time he committed bank fraud, not the guidelines later enacted"; "Can protesters wave gruesome signs? Supreme Court declines free speech case; Antiabortion protesters waved the signs in public as they targeted a church in Denver; A Colorado court then barred the use of the signs, and on Monday the US Supreme Court refused to examine the free speech issues in the case": and "Are Calif. labor-protest laws constitutional? Supreme Court turns away case; Members of a labor union picketed a non-union grocery store in Sacramento, Calif.; The US Supreme Court declined an appeal challenging the constitutionality of two state laws that allow such picketing."
Posted at 09:30 AM by Howard Bashman



"Exclusive: FBI probing Justice McCaffery over referral fees." Craig R. McCoy has this front page article today in The Philadelphia Inquirer.
Posted at 07:38 AM by Howard Bashman


Monday, June 10, 2013

"New layer of secrecy at Guantanamo court": Carol Rosenberg of The Miami Herald has this report.
Posted at 10:27 PM by Howard Bashman


"Affirmative Reaction": In today's edition of The New York Times, columnist Bill Keller has an op-ed that begins, "In the coming days the Supreme Court is expected to rule on a case that could further restrict the use of race as a factor in college admissions."
Posted at 10:24 PM by Howard Bashman


"Spy Court Urged to Unmask Legal Basis for NSA Dragnet Phone Surveillance": David Kravets has this post today at Wired.com's "Threat Level" blog.
Posted at 10:22 PM by Howard Bashman


"Supreme Court: California raisin growers can challenge marketing rules." Michael Doyle of McClatchy Washington Bureau has this report.

And at Reason.com's "Hit & Run" blog, Damon W. Root has a post titled "Unanimous Supreme Court Allows Raisin Farmers to Challenge New Deal-Era Farm Control Law."
Posted at 10:20 PM by Howard Bashman



"Feds to comply with NY morning-after pill ruling": The Associated Press has this report.

Update: In other coverage, Tuesday's edition of The New York Times will contain a front page article headlined "U.S. Drops Bid to Limit Sales of Morning-After Pill."

And Bloomberg News reports that "Morning-After Pill to Be Sold to All Ages, U.S. Says."
Posted at 08:16 PM by Howard Bashman



"Monsanto Court Win Tosses Patent Suit by Organic Farmers": Bloomberg News has this report.

And Reuters reports that "Organic growers lose decision in suit versus Monsanto over seeds."

You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit at this link.
Posted at 08:14 PM by Howard Bashman



"Penn Law Supreme Court Clinic wins important constitutional case": The University of Pennsylvania Law School issued this news release today.
Posted at 08:02 PM by Howard Bashman


"Google Seeks Ruling Street View Didn't Break Wiretap Laws": Bloomberg News has this report.

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Google Says Wi-Fi is Radio."

You can access via this link the audio of today's oral argument at the U.S. Court of Appeals for the Ninth Circuit.
Posted at 07:56 PM by Howard Bashman



"Harsher Sentencing Guidelines Can't Be Used for Old Offenses, Justices Say": Adam Liptak will have this article Tuesday in The New York Times.
Posted at 07:48 PM by Howard Bashman


"Streaming live broadcast television": Michelle Olsen has this new installment of her "Circuit Split Watch" column in today's edition of The National Law Journal.
Posted at 07:38 PM by Howard Bashman


"Supreme Court orders new hearing for California raisin farmers": David G. Savage of The Los Angeles Times has this news update.

And Jeremy P. Jacobs of Greenwire reports that "Justices kick raisin farmer's takings claim back to appeals court."
Posted at 03:33 PM by Howard Bashman



"The Heller Ruling, Five Years On": You can view the video of an event that the Cato Institute hosted last Tuesday by clicking here.
Posted at 02:44 PM by Howard Bashman


"NSA leaker's father lives in Upper Macungie; Lonnie Snowden and his wife, Karen, aren't talking about Edward Snowden": The Morning Call of Allentown, Pennsylvania has this news update.
Posted at 01:40 PM by Howard Bashman


"Opinion recap: Much more than raisins?" Lyle Denniston has this post at "SCOTUSblog."
Posted at 01:16 PM by Howard Bashman


"Civil rights case is obstacle for Obama's Labor Department pick; Thomas Perez's nomination to head Labor could founder on GOP criticism of his intervention in a Minnesota civil rights case": David G. Savage and Michael A. Memoli have this article today in The Los Angeles Times.
Posted at 01:14 PM by Howard Bashman


"Poll shows Californians favor legalizing same-sex marriage; Change in voters' attitudes is 'across the board' -- region, ethnicity, age, religion; The biggest shift is among seniors": Maura Dolan has this front page article today in The Los Angeles Times.
Posted at 01:12 PM by Howard Bashman


"Cited by a Justice, but Feeling Less Than Honored": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 01:05 PM by Howard Bashman


"On Sunday, June 10, CAC Chief Counsel Elizabeth Wydra joined Shannon Bream on FOX News Channel * * * to discuss President Obama's nominees to the D.C. Circuit Court of Appeals": You can access the video via YouTube by clicking here.
Posted at 11:14 AM by Howard Bashman


"Justice delayed in Maryland: Priority of the state's new top judge must be a return to the tradition of promptly filed opinions." James B. Astrachan, George W. Liebmann, and Henry R. Lord have this op-ed today in The Baltimore Sun.
Posted at 11:11 AM by Howard Bashman


"Why'd He Do It? To understand Edward Snowden's motivations, look to Aaron Swartz." Noam Scheiber has this essay online today at The New Republic.
Posted at 10:52 AM by Howard Bashman


"Attacked on all sides, NLRB is in 'unprecedented' place": Carlyn Kolker of Reuters has this report.
Posted at 10:50 AM by Howard Bashman


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

1. Justice Elena Kagan delivered the opinion for a unanimous Court in Oxford Health Plans LLC v. Sutter, No. 12-135. Justice Samuel A. Alito, Jr. issued a concurring opinion, in which Justice Clarence Thomas joined. You can access the oral argument via this link.

2. Justice Sonia Sotomayor delivered the opinion of the Court in Peugh v. United States, No. 12-62, except for one subsection of the opinion, in which Justice Anthony M. Kennedy did not join. Justice Thomas issued a dissenting opinion, in which Chief Justice John G. Roberts, Jr. and Justices Antonin Scalia and Alito joined. And Justice Alito issued a dissenting opinion, in which Justice Scalia joined. You can access the oral argument via this link.

3. And Justice Thomas delivered the opinion for a unanimous Court in Horne v. Department of Agriculture, No. 12-123. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "Court: Judges can't use new guidelines on old case" and "Calif. raisin farmers win new day in court."
Posted at 10:04 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 new case.

In early news coverage, Greg Stohr of Bloomberg News reports that "BG Gets Top Court Hearing on $185 Million Argentina Award."

Lawrence Hurley of Reuters reports that "U.S. justices agree to hear BG Group arbitration case."

And The Associated Press reports that "High court ends torture suit against Rumsfeld."
Posted at 09:36 AM by Howard Bashman



"Three questions for Clarence Thomas": John Blake has this article at CNN.com.
Posted at 09:24 AM by Howard Bashman


"U.S. Supreme Court may hear Mt. Holly housing case": The Philadelphia Inquirer has this report.
Posted at 09:22 AM by Howard Bashman


"Culture war creates perils for Supreme Court justices": Juan Williams has this essay online today at The Hill.
Posted at 09:20 AM by Howard Bashman


"Supreme Court nears rulings on key voting rights cases": The Washington Times has this report.
Posted at 09:18 AM by Howard Bashman


Sunday, June 9, 2013

"Gay marriage rulings: Experts predict what court will do; Experts don't expect all-encompassing rulings from a cautious court." Richard Wolf will have this article in Monday's edition of USA Today.
Posted at 08:14 PM by Howard Bashman


"NSA whistleblower Edward Snowden: 'I do not expect to see home again'; Source for the Guardian's NSA files on why he carried out the biggest intelligence leak in a generation -- and what comes next." Ewen MacAskill of The Guardian (UK) has this interview. [Update: A related article from The Guardian can be accessed here.]

The New York Times has a news update headlined "Former C.I.A. Worker Says He Leaked U.S. Surveillance Data."

And The Washington Post has a news update headlined "Edward Snowden identified as source of NSA leaks."
Posted at 04:08 PM by Howard Bashman



"Sex workers march ahead of landmark Supreme Court hearing on prostitution": The Canadian Press has this report.
Posted at 01:44 PM by Howard Bashman


"What Happened to Eric Holder? He was a Reagan-appointed judge and a Clinton-appointed prosecutor respected by both sides; Then it all fell apart." Matthew Cooper has this article online at National Journal.
Posted at 01:32 PM by Howard Bashman


"Scalia's Impassioned Dissent on DNA Sampling": Kenneth Jost has this post today at "Jost On Justice."
Posted at 01:30 PM by Howard Bashman


"Did Justice Powell Know He Had A Gay Clerk?" Will Baude has this post today at "PrawfsBlawg."
Posted at 01:27 PM by Howard Bashman


"Paul wants to lead Supreme Court challenge to fed's tracking of Americans' calls, emails": FoxNews.com has this report.

At Politico.com Josh Gerstein has an article headlined "Leak investigations so far: Just a warm-up act."

Online at The Guardian (UK), U.S. Representative Jim Sensenbrenner (R-WI) has an op-ed titled "This abuse of the Patriot Act must end: President Obama falsely claims Congress authorised all NSA surveillance; In fact, our law was designed to protect liberties."

And online at The Atlantic, Rebecca J. Rosen has an essay titled "Security-State Creep: The Real NSA Scandal Is What's Legal; The Court has failed to develop a robust system for applying the Fourth Amendment meaningfully to the questions of the 21st century."
Posted at 01:16 PM by Howard Bashman



"Guantanamo gets troop surge, no special envoys": Carol Rosenberg of The Miami Herald has this report.
Posted at 10:26 AM by Howard Bashman


"U.S. Supreme Court decision in Flint man's case could have far-reaching impact": The Flint (Mich.) Journal has this report.
Posted at 09:55 AM by Howard Bashman


"Why Obama Keeps Losing at the Supreme Court": Ilya Shapiro has this essay at Bloomberg View.
Posted at 09:48 AM by Howard Bashman


"New Jersey's legacy of Supreme Court power": Online at The Newark Star-Ledger, columnist John Farmer has an essay that begins, "With two New Jersey natives among its nine members today, you could assume the Garden State never had more impact on the U.S. Supreme Court, poised today to deliver potentially culture-shifting decisions in the coming weeks."
Posted at 09:46 AM by Howard Bashman


"In DNA Ruling, a Cruel Blow to Scriptwriters": In Wednesday's edition of The New York Times, Neil Genzlinger had this "Critic's Notebook" essay.
Posted at 09:44 AM by Howard Bashman


"US v. Apple could go to the Supreme Court: The unique facts of Apple's case will make it a singularly sympathetic one to today's markedly pro-business Supreme Court -- if the case reaches it." Roger Parloff of Fortune has this report.
Posted at 09:42 AM by Howard Bashman


"U.S. Supreme Court Justice Kagan to visit R.I. in August to mark Royal Charter anniversary": Edward Fitzpatrick of The Providence Journal has an article that begins, "Supreme Court Justice Elena Kagan will be in Rhode Island in August to speak on the 350th anniversary of the state's Royal Charter, Roger Williams University of Law School dean David A. Logan said."
Posted at 09:40 AM by Howard Bashman


"Gay marriage in California: U.S. Supreme Court's clock ticking to decide Proposition 8." Howard Mintz of The San Jose Mercury News has this report.

And on Thursday, Minnesota Public Radio News aired an audio segment titled "Former Supreme Court Justice Stevens predicts court will overturn Defense of Marriage Act."
Posted at 09:36 AM by Howard Bashman



"The people behind some of the major Supreme Court cases of 2013": Elizabeth Chuck of NBC News has this report.

And at The Daily Beast, Josh Dzieza has an article headlined "Supreme Court Rulings This June: Everything You Need to Know."
Posted at 09:28 AM by Howard Bashman



"Under the U.S. Supreme Court: DNA ruling a big win for police." Michael Kirkland of UPI has this report.
Posted at 09:20 AM by Howard Bashman


"Exhibit A for a Major Shift: Justices' Gay Clerks." Adam Liptak has this front page article in today's edition of The New York Times.
Posted at 09:18 AM by Howard Bashman


Saturday, June 8, 2013

"Secrecy of surveillance programs blunts challenges about legality": Robert Barnes of The Washington Post has this report.
Posted at 12:54 PM by Howard Bashman


"A 'Pack' of Nonsense": Doug Kendall had this blog entry yesterday at The Huffington Post.
Posted at 09:33 AM by Howard Bashman


"State laws varied on gun, abortion laws": The Associated Press has a report that begins, "The U.S. Supreme Court says women in America can terminate a pregnancy and that every citizen has an individual right to own a firearm, but those rulings have done little to settle political arguments over abortion and guns."
Posted at 09:32 AM by Howard Bashman


Friday, June 7, 2013

"Administration Says Mining of Data Is Crucial to Fight Terror": This front page article will appear in Saturday's edition of The New York Times.

In Saturday's edition of The Wall Street Journal, Jess Bravin will have an article headlined "Rules on Privacy Could Be Revisited."

Anita Kumar and Michael Doyle of McClatchy Washington Bureau have an article headlined "Phone record fury just one sign of how privacy is a thing of the past."

Online at Slate, Emily Bazelon has a jurisprudence essay titled "I Am Worried. You Should Be Too; We shouldn't have to wait for an abuse of power to know that the NSA's snooping has gone too far."

And online at The New Yorker, Lynn Oberlander has a blog post titled "Can Justice Sotomayor Stop the N.S.A.?"
Posted at 11:14 PM by Howard Bashman



"Can the Human Blueprint Have Owners?" Online at The New York Times, you can access at this link a "Room for Debate" discussion whose description begins, "The Supreme Court is expected to decide soon whether human genes can be patented."
Posted at 11:05 PM by Howard Bashman


"After PRISM: How Much Surveillance Is Too Much? The Supreme Court Has To Decide." Daniel Fisher has this blog post today at Forbes.com.
Posted at 06:30 PM by Howard Bashman


"Where's Fisher?" Will Baude has this post today at "PrawfsBlawg."
Posted at 06:11 PM by Howard Bashman


"White House chief of staff, Sens. Feinstein, McCain visiting Guantanamo today": Carol Rosenberg of The Miami Herald has this report.
Posted at 06:00 PM by Howard Bashman


"Melvin attorney gives 20 reasons for former state Supreme Court Justice's appeal": Adam Brandolph has this article today in The Pittsburgh Tribune-Review.
Posted at 05:58 PM by Howard Bashman


"Former Mass. Chief Justice On Life, Liberty And Gay Marriage": Nina Totenberg had this audio segment on today's broadcast of NPR's "Morning Edition."
Posted at 05:32 PM by Howard Bashman


"Sotomayor gets another $1.9 million for memoir": The Associated Press has a report that begins, "Supreme Court Justice Sonia Sotomayor has gotten more than $3 million in advance payments for her best-selling memoir from her publisher."

Update: In other coverage, at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Sotomayor Reports $1.9 Million in Income from Royalties."

And Greg Stohr of Bloomberg News reports that "Sotomayor's Book Advances From Knopf Surpass $3 Million."
Posted at 02:08 PM by Howard Bashman



"Blogger, With Focus on Surveillance, Is at Center of a Debate": This article appears today in The New York Times.

And Bloomberg News reports that "Obama Surveillance Defies Campaign Civil Liberty Pledge."
Posted at 12:15 PM by Howard Bashman



"Senate Republicans Divided On Moving Obama's D.C. Circuit Nominees": Jennifer Bendery of The Huffington Post has this report today.

Today at "The Fact Checker" blog of The Washington Post, Glenn Kessler has a post titled "Obama's claim that it takes three times longer for his judicial nominees to get confirmed."

And online at Roll Call, Leslie M. Proll has an essay titled "Court Packing Vs. Court Filling."
Posted at 11:15 AM by Howard Bashman



"The best gift I ever got from a convicted killer": Senior U.S. District Judge Richard G. Kopf has this post today at his blog, "Hercules and the Umpire."
Posted at 08:49 AM by Howard Bashman


"Rose crossed line in messages to prosecutors; Judge's job is to be a neutral arbiter, not to coach the prosecution or the defense": This editorial appears today in The Des Moines Register.
Posted at 08:45 AM by Howard Bashman


"Court Permits Hailing of Taxis Across the City": Today's edition of The New York Times contains a front page article that begins, "The state's highest court on Thursday unanimously upheld the Bloomberg administration's plan to radically expand street-hail taxi service beyond Manhattan, signaling a fundamental shift in New York City's entrenched taxi culture."

The New York Daily News reports that "Courts clear way for sweeping overhaul of NYC's taxi and livery system."

The New York Law Journal reports that "Council Wasn't Needed to Pass NYC Taxi Plan, Ruling Concludes."

And Reuters reports that "Court OKs plan that will double number of cabs in New York City."

You can access yesterday's ruling of the New York State Court of Appeals -- that state's highest court -- at this link.
Posted at 08:40 AM by Howard Bashman



Thursday, June 6, 2013

"Obama's Civil-Liberties Record Questioned; Phone Surveillance Cited as Latest Failure by President to Uphold Rights; Others Say Tactic Is Crucial in Fighting Terrorism": Peter Nicholas and Jess Bravin will have this article in Friday's edition of The Wall Street Journal.

Spencer Ackerman of The Guardian (UK) has an article headlined "Fisa chief judge defends integrity of court over Verizon records collection; Reggie Walton tells the Guardian claims Foreign Intelligence Surveillance court 'is a rubber stamp [are] absolutely false.'"

And Lawrence Hurley of Reuters reports that "Verizon order casts spotlight on secretive U.S. surveillance court."
Posted at 11:38 PM by Howard Bashman



"Same-Sex Marriage Should Be States' Call, Most in Poll Say": Friday's edition of The New York Times will contain this article.
Posted at 08:57 PM by Howard Bashman


"Prosecutor who got 'Hulk' email from federal judge leaves Justice Department; Lawyer suggests message was about discrimination lawsuit": This article appears today in The Des Moines Register.

Yesterday, I had this related post.
Posted at 05:26 PM by Howard Bashman



"Show Me the Memo: Obama should share his legal justification for collecting Verizon's phone records." Law professor Jeffrey Rosen has this essay online at The New Republic.
Posted at 04:44 PM by Howard Bashman


"High Stakes Battle Over Judicial Appointments": This audio segment appeared on today's broadcast of WAMU Radio's "The Diane Rehm Show."
Posted at 01:32 PM by Howard Bashman


"The Secret Law Behind NSA's Verizon Snooping": Law professor Noah Feldman has this essay at Bloomberg View.
Posted at 01:30 PM by Howard Bashman


"Supreme Court Justice Scalia Delivers An Important Talk On Economics": Alejandro Chafuen has this blog post at Forbes.com.

I previously linked to the audio of Justice Scalia's remarks in this post.
Posted at 01:28 PM by Howard Bashman



"Miami Herald reporter covers Guantanamo Bay for 12 years, with no end in sight": Al Tompkins of Poynter's "Al's Morning Meeting" has this report.
Posted at 01:08 PM by Howard Bashman


"Oklahoma lawsuit reform measure tossed out; Oklahoma Supreme Court rules Comprehensive Lawsuit Reform Act of 2009 violates the state constitution's single-subject rule": This article appeared yesterday in The Oklahoman.

The Tulsa World reported yesterday that "State supreme court invalidates '09 lawsuit reform law, calls it logrolling."

And Reuters reports that "Oklahoma's high court says tort reform law unconstitutional."

You can access Tuesday's ruling of the Supreme Court of Oklahoma at this link.
Posted at 12:16 PM by Howard Bashman



In re Disciplinary Proceeding Against Fredric Sanai: The Supreme Court of Washington State issued this decision today.
Posted at 12:06 PM by Howard Bashman


"Meet Roger Vinson, the Judge Who Signed the Sweeping NSA Order": Molly Redden has this essay online at The New Republic.
Posted at 12:01 PM by Howard Bashman


"Judge recommends Camp Cupcake for ex-Justice Hathaway": The Detroit Free Press has this report.
Posted at 12:00 PM by Howard Bashman


"DOJ Asks D.C. Circuit to Uphold Lobbyist Ban": Andrew Ramonas has this post today at "The BLT: The Blog of Legal Times."
Posted at 11:57 AM by Howard Bashman


"Guantanamo prison getting guard reinforcements": Carol Rosenberg of The Miami Herald has this report.
Posted at 11:35 AM by Howard Bashman


"District Not Liable in Student Bullying, Appeals Court Rules": Mark Walsh has this post today at the "School Law" blog of Education Week.

My earlier coverage of yesterday's en banc Third Circuit ruling appears at this link.
Posted at 11:00 AM by Howard Bashman



Wednesday, June 5, 2013

"Revealed: NSA collecting phone records of millions of Americans daily; Top secret court order requiring Verizon to hand over all call data shows scale of domestic surveillance under Obama." Columnist Glenn Greenwald has this front page article in Thursday's edition of The Guardian (UK).
Posted at 09:04 PM by Howard Bashman


"Sonoma takes unexpected stand on Drakes Bay Oyster Co." The Press Democrat of Santa Rosa, California has this report.
Posted at 08:44 PM by Howard Bashman


"Schools not obligated legally to protect students from each other, appeals court rules": The Pittsburgh Tribune-Review has a news update that begins, "Public schools don't have a 'special relationship' with students that would make them legally obligated to protect students from each other, a federal appeals court ruled Wednesday in a 10-4 decision upholding a ruling in a Beaver County case."

And The Pittsburgh Post-Gazette has a news update headlined "Federal appeals court: Schools aren't liable for bullies."

You can access today's en banc ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 07:09 PM by Howard Bashman



"Some morning-after over-counter pill sales allowed": The Associated Press has a report that begins, "A New York appeals court is allowing some emergency contraception pills to be sold without a prescription or age restrictions while the government argues the issue in court."

And Bloomberg News reports that "Two-Dose Contraceptive Must Be Made Available to All Ages."

Michelle Olsen has posted a copy of today's order of the U.S. Court of Appeals for the Second Circuit at this link.

Update: In other coverage, at "SCOTUSblog," Lyle Denniston has a post titled "'Plan B' access ordered."
Posted at 03:08 PM by Howard Bashman



"The Supreme Court Fails the Fourth Amendment Test: What all the justices don't understand about police investigations." Law professor Barry Friedman has this jurisprudence essay online at Slate.
Posted at 02:03 PM by Howard Bashman


"Lawyer: Iowa judge acts as 'prosecutor-in-chief.'" Today's edition of The Des Moines Register contains an article that begins, "One of Iowa's most prominent federal judges is accused of improperly playing the role of 'prosecutor-in-chief' in criminal cases by ordering the U.S. Attorney's Office to provide evidence that can result in longer prison sentences, court records show."

The article dominates the front page of today's newspaper.
Posted at 02:00 PM by Howard Bashman



"Illinois Governor Gets 30 Days to Review Concealed Carry Law": Bloomberg News has this report.
Posted at 11:54 AM by Howard Bashman


"President Obama: Court push is about process, not politics." Josh Gerstein of Politico.com has this report.

And Nan Aron has an essay titled "Nominations show democracy on trial in Senate."
Posted at 11:46 AM by Howard Bashman



"Obama poised to make mark on the judiciary": Richard Wolf and David Jackson have this news analysis in today's edition of USA Today.
Posted at 08:55 AM by Howard Bashman


"Make Patent Trolls Pay in Court": In today's edition of The New York Times, Federal Circuit Chief Judge Randall R. Rader and law professors Colleen V. Chien and David Hricik have this op-ed.
Posted at 08:50 AM by Howard Bashman


"Complaint: Judge's Death Penalty Remarks Show Racial Bias." Brandi Grissom of The Texas Tribune has an article that begins, "A federal appellate judge from Texas is facing a judicial misconduct complaint over comments she made regarding race and the death penalty during a speech."

In today's edition of The New York Times, Ethan Bronner reports that "Complaint Accuses U.S. Judge in Texas of Racial Bias."

And The San Antonio Express-News reports that "Complaint alleges federal judge is prejudiced, biased."

Update: In other coverage, Bloomberg News reports that "Texas Judge Accused of Misconduct for Remarks on Race."
Posted at 08:42 AM by Howard Bashman



"Southcom general has nothing to offer Guantanamo hunger strikers": Carol Rosenberg of The Miami Herald has this report.
Posted at 08:35 AM by Howard Bashman


Tuesday, June 4, 2013

"No Compelling Interest: The 'Birth Control' Mandate and Religious Freedom." Law professor Helen M. Alvare has posted this article online at SSRN (via "Legal Theory Blog").
Posted at 05:33 PM by Howard Bashman


"Judge Blocks Order Demanding Suspect Decrypt Computer Drives or Face Jail": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 05:32 PM by Howard Bashman


"Judge Nominations Likely to Move Slowly": At WSJ.com's "Washington Wire" blog, Corey Boles has this post.

And online at Slate, Emily Bazelon has a jurisprudence essay titled "Obama's Fight Song (Finally): The president is getting aggressive about his judicial nominees; It's about time."
Posted at 05:30 PM by Howard Bashman



"The Obama Justice Department's First Journalist Subpoena": Ryan J. Reilly of The Huffington Post has this report.
Posted at 05:27 PM by Howard Bashman


"A Damning Dissent: Justice Antonin Scalia was at his finest in criticizing the Court over its approval of DNA swabs." Law professor Jeffrey Rosen has this essay online at The New Republic.

And online at The New York Times, law professors Akhil Reed Amar and Neal K. Katyal have an essay titled "Why the Court Was Right to Allow Cheek Swabs."
Posted at 04:53 PM by Howard Bashman



"A Legal Lexicographer Looks at Law Reviews*" Bryan A. Garner has these remarks in the Spring 2013 issue of The Green Bag.
Posted at 04:27 PM by Howard Bashman


"Congress shall make no law that imposes a tax on a failure to purchase goods or services." Sahil Kapur of TPM DC reports that "Rubio Proposes Constitutional Amendment To Overturn Obamacare Mandate."
Posted at 04:11 PM by Howard Bashman


"Obama Picks 3 for Top Appeals Court, Setting Up Battle": Michael D. Shear of The New York Times has this news update. In addition, "The Caucus" blog has a post titled "Obama's Appeals Court Nominees."

The Washington Post has a news update headlined "Obama calls on Senate to quickly confirm 3 judicial nominees." And at the "PostPartisan" blog, Stephen Stromberg has a post titled "The nasty fight over Obama's D.C. Circuit nominees."

The Los Angeles Times has a news update headlined "Obama names federal court nominees, tells Senate to 'do its job.'"

The Wall Street Journal has a news update headlined "Obama Unveils Judge Picks for Key Appeals Court." You can freely access the full text of the article via Google News.

David Jackson of USA Today has an article headlined "Obama: 'Don't play games' with judiciary; The president has nominated three lawyers to the influential D.C. federal appeals court."

The Washington Times reports that "Obama adds 3 judicial picks to appeals court."

Linda Feldmann of The Christian Science Monitor has an article headlined "Obama to Republicans: Don't block my judges; President Obama nominated three top lawyers to the D.C. Circuit, the nation's second-most-important court; The move signals a willingness to spend political capital on his legal legacy."

The Associated Press reports that "Obama nominates 3 to appeals court, testing GOP."

Mark Felsenthal and Lawrence Hurley of Reuters report that "Obama sets stage for Senate battle over judicial nominees."

Bloomberg News reports that "Obama Prods Republicans With Picks for Appeals Panel."

Josh Gerstein of Politico.com reports that "Obama pushes hard for D.C. Circuit Court picks."

Bill Mears of CNN.com reports that "Obama nominates three to bench, courts political fight."

Sahil Kapur of TPM DC reports that "Obama's 3 D.C. Circuit Picks Test GOP's Filibuster Mettle."

The Hill reports that "Obama dares Republicans to block three nominations to critical court."

"The Note" blog of ABC News has a post titled "Obama Tells GOP 'Don't Play Games' as He Nominates 3 Judges."

At "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Obama Announces D.C. Circuit Nominees, Urges Senate Action."

The "Planet Washington" blog of McClatchy's Washington Bureau has a post titled "Obama sets up clash with Republicans over court nominees."

Washingtonian magazine's "Capital Comment" blog has a post titled "Getting to Know Obama Court Nominee Patricia Ann Millett; A partner at Akin Gump, she leads the firm's Supreme Court practice."

The White House has posted online the transcript of "Remarks by the President on the Nominations to the U.S. Court of Appeals for the District of Columbia Circuit."

And in commentary, The Baltimore Sun has an editorial titled "Mr. Wilkins goes to the Senate: The man who successfully fought against racial profiling in Maryland is now treated as a political pawn by Senate Republicans."

Online at The New Republic, Sam Kleiner has an essay titled "Obama's Nominees to the D.C. Circuit Will be Hard to Obstruct; *Although that's never stopped the Senate before."

And online at SSRN, Eric M. Fraser, David K. Kessler, Matthew J. B. Lawrence, and Stephen Calhoun have posted an article titled "The Jurisdiction of the D.C. Circuit."
Posted at 03:38 PM by Howard Bashman



Programming note: This morning, I will be meeting with my co-counsel on a series of pending appeals. Additional posts will appear here this afternoon.
Posted at 07:54 AM by Howard Bashman


"Supreme Court to Decide Five Landmark Cases This Month": This audio segment featuring law professor Jeffrey Rosen appeared on yesterday's broadcast of WNYC Radio's "The Takeaway."
Posted at 07:52 AM by Howard Bashman


"Supreme Court turns away newspaper's beef about Pennsylvania election law; US Supreme Court refused Monday to take a case involving news media access to polling places on Election Day; Pittsburgh Post-Gazette had challenged the law, unsuccessfully, in lower courts": Warren Richey of The Christian Science Monitor has this report.
Posted at 07:50 AM by Howard Bashman


"Supreme Court Justice Sonia Sotomayor will speak in Portland as part of Everybody Reads 2014": The Oregonian has this report.
Posted at 07:49 AM by Howard Bashman


"'Homeland' films scenes in N.C. Supreme Court building": The News & Observer of Raleigh, North Carolina contains this article today.
Posted at 07:48 AM by Howard Bashman


"California DNA law is broader than program upheld by Supreme Court": Maura Dolan of The Los Angeles Times has this report.
Posted at 07:46 AM by Howard Bashman


"Obama to name two female lawyers and an African American federal judge to U.S. appeals court in District of Columbia": Juliet Eilperin has this article today in The Washington Post.

And The Wall Street Journal reports today that "Obama to Nominate Three Judges to D.C. Circuit."
Posted at 07:44 AM by Howard Bashman



"Senate, presidential powers collide in key case on recess appointments": James Rosen of McClatchy Washington Bureau has this report.
Posted at 07:40 AM by Howard Bashman


Monday, June 3, 2013

"Supreme Court Rules DNA Can Be Taken After Arrest": Nina Totenberg had this audio segment on this evening's broadcast of NPR's "All Things Considered."
Posted at 09:12 PM by Howard Bashman


"They're Coming for Your DNA: The Supreme Court just made it much easier for the government to collect genetic information." Emily Bazelon has this jurisprudence essay online at Slate.

At Bloomberg View, law professor Noah Feldman has an essay titled "Court's DNA Ruling Brings U.S. a Step Closer to 'Gattaca.'"

And at Forbes.com, Daniel Fisher has a blog post titled "Scalia Lashes Out At Majority For Allowing Arrestee DNA Swabs."
Posted at 07:50 PM by Howard Bashman



"Federal law prevails in employee life insurance dispute": The Washington Post has this report.
Posted at 07:34 PM by Howard Bashman


"Obama to Nominate 3 Candidates to Key Appeals Court": Michael D. Shear will have this article Tuesday in The New York Times.

Update: In other coverage, Lawrence Hurley and Mark Felsenthal of Reuters have an article headlined "Obama to nominate three to influential appeals court: White House."

John Gramlich of Roll Call reports that "Obama's D.C. Circuit Picks Likely to Prompt GOP Outcry."

At TPM DC, Sahil Kapur reports that "White House Names Three Nominees To D.C. Circuit Court."

And The Hill reports that "Obama to fill influential circuit court vacancies Tuesday, says official."
Posted at 07:28 PM by Howard Bashman



"Court Says Prison Can't Confiscate Erotic Werewolf Novel": Scott Graham of The Recorder has this article reporting on a decision that California's First District Court of Appeal, Division Two, issued last Friday.
Posted at 06:12 PM by Howard Bashman


"AP source: Obama nominating Millett, Pillard, Wilkins to federal appeals court in Washington." The Associated Press has issued this news alert.

Update: The AP has now issued a more detailed article headlined "AP source: Obama nominating 3 to US appeals court."

And in other coverage, at "The BLT: The Blog of Legal Times," Todd Ruger has a post titled "Obama to Nominate Three Lawyers to D.C. Circuit."
Posted at 05:34 PM by Howard Bashman



"With trademark vigor, Justice Scalia dissents in DNA case": Joan Biskupic of Reuters has this news analysis.
Posted at 05:26 PM by Howard Bashman


"The Right to Evade Regulation: How corporations hijacked the First Amendment." Law professor Tim Wu has this essay online today at The New Republic.
Posted at 05:22 PM by Howard Bashman


"Justices Allow Police to Take DNA Samples After Arrests": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court upholds Maryland law, says police may take DNA samples from arrestees."

Jess Bravin of The Wall Street Journal has a news update headlined "Supreme Court: Police Can Take DNA Samples in Arrests."

Warren Richey of The Christian Science Monitor reports that "DNA swab of arrestee's cheek is a 'reasonable search,' Supreme Court finds; The ACLU says the Supreme Court ruling, which allows the DNA samples to be stored in a database for use in solving other crimes, creates a 'gaping new exception to the Fourth Amendment.'"

The Washington Times reports that "Supreme Court upholds police authority to take DNA samples; Ruling stems from 2003 Maryland case."

At Politico.com, Josh Gerstein and Darren Samuelsohn have an article headlined "SCOTUS upholds DNA testing for felony arrestees."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion recap: Solving 'cold cases' made easier."
Posted at 04:58 PM by Howard Bashman



"US Supreme Court orders 6 death row cases reviewed": The Associated Press has this report.
Posted at 04:17 PM by Howard Bashman


"The majority holds that a judge suffering from dementia may sentence a man to death. I disagree." So begins Circuit Judge William A. Fletcher's dissent from the ruling that a majority on a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today. This death penalty case is unusual in that it is the mental state of the sentencing judge, rather than the criminal defendant, that is at issue.

At her "Trial Insider" blog, Pamela A. MacLean has a post about the ruling titled "Death Sentence Reinstated in 1982 Triple Murder."
Posted at 03:33 PM by Howard Bashman



"Inflict" versus "cause" for purposes of federal criminal law: The U.S. Court of Appeals for the Sixth Circuit issued this interesting ruling today.
Posted at 11:52 AM by Howard Bashman


"Supreme Court Sends Smelly Washer Case Back For Another Look": Daniel Fisher has this blog post at Forbes.com.
Posted at 11:27 AM by Howard Bashman


"As expected, feds ask full Sixth Circuit to review and reverse Blewett crack retroactivity ruling": Douglas A. Berman has this post today at his "Sentencing Law and Policy" blog.
Posted at 11:24 AM by Howard Bashman


"U.S. Supreme Court upholds post-arrest DNA collection; Ruling overturns Maryland's high court decision": The Baltimore Sun has this news update.

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court allows police to take DNA from criminal suspects."

And Richard Wolf of USA Today reports that "Supreme Court OKs DNA swab in serious arrests; The case pitted the practical benefits of modern technology against the centuries-old right to privacy."
Posted at 11:11 AM by Howard Bashman



"To break D.C. logjam, Sen. Reid should revive the 'nuclear option'; The GOP is threatening to block Obama from filling three seats on a key appellate court in Washington; If it continues, Sen. Reid should revive the 'nuclear option' to halt judicial filibusters": This editorial appears today in The Los Angeles Times.
Posted at 10:25 AM by Howard Bashman


"Appeals Court Backs Coaches in Disclosure of Student's Sexual Orientation": Mark Walsh has this post today at the "School Law" blog of Education Week.
Posted at 10:24 AM by Howard Bashman


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

1. Justice Sonia Sotomayor delivered the opinion of the Court in Hillman v. Maretta, No. 11-1221. Justice Antonin Scalia did not join in a footnote of the majority opinion. And Justices Clarence Thomas and Samuel A. Alito, Jr. issued opinions concurring in the judgment. You can access the oral argument via this link.

2. And Justice Anthony M. Kennedy delivered the opinion of the Court in Maryland v. King, No. 12-207. Justice Scalia issued a dissenting opinion, in which Justices Ruth Bader Ginsburg, Sotomayor, and Elena Kagan joined. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "Court: Police can take DNA swabs from arrestees" and "Court says ex-wife gets man's insurance money."

Greg Stohr of Bloomberg News reports that "Routine DNA Testing After Arrest Upheld by Top U.S. Court."

And Lawrence Hurley of Reuters reports that "Supreme Court says police can take DNA samples upon arrest."
Posted at 10:06 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. The Court also issued a unanimous per curiam summary reversal of the U.S. Court of Appeals for the Ninth Circuit in Nevada v. Jackson, No.12-694.

In early news coverage, The Associated Press has reports headlined "Court: Can man protest outside military base?"; "Court rejects appeal from convicted Army officer"; and "High court reinstates rape conviction in Nevada."

Lawrence Hurley of Reuters reports that "Supreme Court agrees to hear military protester case"; "Justices agree to hear Lexmark false advertising case"; and "Justices strike down ruling against Sears over faulty washers."

Greg Stohr of Bloomberg News reports that "Sears Gets New Hearing in Bid to Stop Moldy-Washer Suit."

And at Politico.com, Tal Kopan has a blog post titled "Justices reject polling place access case."
Posted at 09:35 AM by Howard Bashman



Sunday, June 2, 2013

"In recess appointments case, Supreme Court looks at an article of the Constitution: 'the.'" Robert Barnes will have this new installment of his "The High Court" column in Monday's edition of The Washington Post.
Posted at 10:33 PM by Howard Bashman


"Past time to close Guantanamo": Today's edition of The Virginian-Pilot contains this editorial.
Posted at 08:40 PM by Howard Bashman


"Medical examiner doubts own autopsy findings in stillbirth case before state Supreme Court; Prosecution contends drug use to blame": This article appears today in The Clarion-Ledger of Jackson, Mississippi.
Posted at 08:27 PM by Howard Bashman


"Kansas City Public Library expects crowd for Sandra Day O'Connor": The Kansas City Star has an article that begins, "The Kansas City Public Library expects 1,200 people -- the most ever for an event at the library -- on Monday to hear former U.S. Supreme Court justice Sandra Day O'Connor talk about her new book."
Posted at 08:26 PM by Howard Bashman


"Attorney will pursue recusal in Craigslist donor case if judge doesn't step down; Hearing on recusal motion set for Wednesday": The Topeka Capital-Journal has this news update.
Posted at 08:22 PM by Howard Bashman


"Suspected pirates face unprecedented trial in U.S. court; In the first U.S. trial of its kind in modern times, three Somalis face murder charges in the deaths of four Americans after hijacking their sailboat in 2011; Somali piracy since then has all but vanished": This article appears today in The Los Angeles Times.
Posted at 12:54 PM by Howard Bashman


"Supreme Court Rights Rulings Due This Month": Kenneth Jost has this post today at his blog, "Jost On Justice."
Posted at 12:50 PM by Howard Bashman


"Court challenges could tear down major pieces of ObamaCare": Sam Baker has this blog post online at The Hill.

Relatedly, the U.S. Court of Appeals for the Third Circuit has posted online the audio of Thursday's oral argument in Conestoga Wood v. Secretary of US Dept of Health at this link (31.7 MB mp3 audio file). My earlier coverage of the oral argument can be accessed here.
Posted at 12:40 PM by Howard Bashman



"Guantanamo captive accused in USS Cole bombing suffers from PTSD, depression": Carol Rosenberg of The Miami Herald has this report.
Posted at 12:30 PM by Howard Bashman


"Ted Cruz: 'The New Voice' Of The GOP?" This audio segment appeared on today's broadcast of NPR's "Weekend Edition Sunday."
Posted at 12:26 PM by Howard Bashman


"Apple, betrayed by its own law firm; Lawyer-turned-'troll' started planning patent suit six days after iPhone launch": Joe Mullin of Ars Technica has this report.
Posted at 12:18 PM by Howard Bashman


"'Enormous' repercussions as court weighs DNA sampling during arrests": Erin McClam of NBC News has this report.
Posted at 09:38 AM by Howard Bashman


"Seeking a Fresh Start, Holder Finds a Fresh Set of Troubles": This front page article appears today in The New York Times.
Posted at 09:33 AM by Howard Bashman


"The Case Against Deference: Judges should be unafraid to review government actions." David B. Rivkin Jr. and Elizabeth Price Foley have this article in the June 10, 2013 issue of The Weekly Standard.
Posted at 09:15 AM by Howard Bashman


"Under the U.S. Supreme Court: Picketing on private property." Michael Kirkland of UPI has this report.
Posted at 09:12 AM by Howard Bashman


Saturday, June 1, 2013

"Will Supreme Court decide companies can own human genes?" Geoffrey Cowley of msnbc has this report.
Posted at 11:57 PM by Howard Bashman


"When It May Not Pay to Be Famous": Adam Liptak will have this news analysis in the Sunday Review section of tomorrow's edition of The New York Times.
Posted at 11:52 PM by Howard Bashman


"Exotic animal owners in Ohio appeal restrictions": The Associated Press has a report that begins, "Some owners of exotic animals say a new Ohio law is onerous and infringes on their constitutional rights, and they've asked a federal appeals court to strike it down."
Posted at 11:50 PM by Howard Bashman


"Pentagon: No weekend detainee release from Guantanamo." Carol Rosenberg of The Miami Herald has an article that begins, "The Pentagon flatly refuted reports Saturday that it had released two men from the prison camps in Guantanamo Bay to Mauritania and said the most recent transfer took place nine months ago."
Posted at 11:44 PM by Howard Bashman


"Senator Ted Cruz '92 discusses experiences as conservative student at Princeton": The Daily Princetonian has this report.
Posted at 11:16 PM by Howard Bashman


"What Makes the D.C. Circuit Different?" This editorial appears today in The New York Times.

And today's edition of The Washington Post contains an editorial titled "The battle over Obama's judicial nominees."
Posted at 12:53 PM by Howard Bashman



"Disclosure of BC interviews reversed in part": The "from the Bench" blog of Massachusetts Lawyers Weekly has a post that begins, "The 1st U.S. Circuit Court of Appeals has handed Boston College a partial victory in its battle against a subpoena for interviews conducted by 'Belfast Project' researchers."

You can access Friday's ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 12:08 AM by Howard Bashman







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