How Appealing

Wednesday, July 31, 2013

"Ex-NCAA athletes can sue Electronic Arts over video game likenesses": Maura Dolan of The Los Angeles Times has this news update.

The San Francisco Chronicle has a news update headlined "EA loses ruling in 'NCAA Football' suit."

USA Today reports that "U.S. appeals court rejects EA in another likeness case."

In Thursday's edition of The Wall Street Journal, Joe Palazzolo will have an article headlined "Appeals Court Says Ex-College Stars Can Sue Videogame Maker Electronic Arts; Football and Basketball Players Protested Use of Their Likenesses." You can freely access the full text of the article via Google News.

Jonathan Stempel of Reuters reports that "Ex-NCAA athletes score court victory over EA video games."

Bloomberg News reports that "EA Loses Bid to End Athletes' Suit Over Use of Likenesses."

The Associated Press has a report headlined "Court: College athletes can sue EA over images."

At her "Trial Insider" blog, Pamela A. MacLean has a post titled "Electronic Arts Must Face College Athlete Likeness Suit."

At the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Appeals Court Rules on Use of Athletes in Video Games; Whether or not the First Amendment protects celebrity exploitation is a hot topic in the legal system."

And Variety reports that "Electronic Arts Loses Latest Round in Suit Over NCAA Player Likenesses."

The U.S. Court of Appeals for the Ninth Circuit issued rulings today in two related cases, which you can access here and here.
Posted at 10:44 PM by Howard Bashman



"Samuel Alito Will Save America's Privacy: A lower court's ruling on warrantless cellphone searches is doomed at the Supreme Court -- thanks to Justice Alito." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 10:27 PM by Howard Bashman


"New Jersey Gun-Carrying Limits Upheld by Appeals Court": Bloomberg News has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 10:20 PM by Howard Bashman


"Next Citizens United? McCutcheon Supreme Court Case Targets Campaign Contribution Limits." Paul Blumenthal of The Huffington Post has this report.
Posted at 09:00 PM by Howard Bashman


"Patent life: how the Supreme Court fell short." Maggie Koerth-Baker has this post today at "Boing Boing."
Posted at 08:59 PM by Howard Bashman


"Democrats To Introduce Supreme Court Ethics Bill": Stephanie Mencimer has this post today at the "Political MoJo" blog of Mother Jones.
Posted at 08:57 PM by Howard Bashman


"The (Almost) Lost Speech of Justice Anthony Kennedy: How his insightful remarks about the Constitution inadvertently make the case for a Supreme Court 'media pool.'" Andrew Cohen has this essay online today at The Atlantic.
Posted at 07:46 PM by Howard Bashman


"The Next Filibuster Face-Off: Obama's Judicial Nominees." Sahil Kapur of TPM DC has this report.
Posted at 07:32 PM by Howard Bashman


"Ginsburg's dedication undimmed after 20 years on court": Richard Wolf will have this article Thursday in USA Today.
Posted at 07:30 PM by Howard Bashman


"Ed Carnes to succeed Joel Dubina as Chief Judge of federal appeals circuit": The Montgomery Advertiser has this news update.
Posted at 06:24 PM by Howard Bashman


Programming note: Due to a family outing to attend this morning's Lakewood (N.J.) BlueClaws game (11:05 a.m. start; access the game preview at this link), additional posts will not appear here until this afternoon.

The BlueClaws (the Class A affiliate of the Philadelphia Phillies) are hosting the Hagerstown (Md.) Suns (the Class A affiliate of the Washington Nationals).
Posted at 08:50 AM by Howard Bashman



"Widening Regional Divide over Abortion Laws": Pew Research Center for People & the Press issued this news release on Monday. You can access the complete survey results at this link.

And at Forbes.com, David Davenport has an essay titled "The Supreme Court's Gay Marriage Decisions Reverberate Through The States."
Posted at 08:42 AM by Howard Bashman



"Right-to-die battle: court of appeal rejects paralysed man's case; Judges reject Paul Lamb's request for help from doctors to die but allow another man to get help to travel to Swiss clinic." The Guardian (UK) has this report.

And The Associated Press reports that "UK court rules against euthanasia."
Posted at 08:40 AM by Howard Bashman



"Supreme Court decision bolsters challenge to Oklahoma gay marriage ban, couple argues in state case; The U.S. Supreme Court's move to strike down federal law has ignited a flurry of activity in the long-dormant state challenge to Oklahoma's ban on gay marriage": Chris Casteel has this article today in The Oklahoman.
Posted at 08:40 AM by Howard Bashman


"The people's judge": Today's edition of The Times Leader of Wilkes-Barre, Pennsylvania contains an article that begins, "Standing before a cadre of judges representing every level of the state judicial system and hundreds of family members, friends and colleagues overflowing from the rotunda of the Luzerne County Courthouse, Correale F. Stevens on Tuesday took his oath of office as the newest member of the state's highest court."

And today's edition of The Citizens' Voice of Wilkes-Barre contains an article headlined "Stevens sworn in as state Supreme Court justice."

The online biography of Pa. Supreme Court Justice Correale F. Stevens can be accessed here.
Posted at 07:45 AM by Howard Bashman



Tuesday, July 30, 2013

Promise kept: Back on December 11, 2012, in previewing an oral argument that I would be delivering the next day, I wrote "Eventually, the video of the oral argument should be available online via the web site of the Pennsylvania Cable Network. I will link to the video when it becomes available."

Unfortunately, as time passed, the video did not become available online. In relatively short order, my client won the appeal (and I collected news coverage of the outcome here, here, and here). Once the decision issued, I stopped checking to see if the oral argument had become available online.

Now, however, I see that PCN at some point finally posted the video of the oral argument online. The oral argument video is the first case that appears in "part two" of the video proceedings available online via this link.
Posted at 11:57 PM by Howard Bashman



"Senators Coons, Leahy introduce bill to create 91 new judgeships; Legislation is based on recommendations of nonpartisan Judicial Conference led by Chief Justice John Roberts": U.S. Senator Chris Coons (D-DE) issued this news release today.
Posted at 11:40 PM by Howard Bashman


"SCOTUSblog on camera: Geoffrey Stone part two." Today at "SCOTUSblog," you can access at this link part two of a video interview with law professor Geoffrey R. Stone.
Posted at 11:38 PM by Howard Bashman


"Warrantless Cellphone Tracking Is Upheld": This article will appear Wednesday in The New York Times.

Cyrus Farivar of Ars Technica has a report headlined "Again, federal court finds cops don't need a warrant for cellphone location data; If you want your records anonymized, tell 'the market or the political process.'"

And at "The Volokh Conspiracy," Orin Kerr has a post titled "Fifth Circuit Hands Down Long-Awaited Case on the Fourth Amendment, Cell-Site Data, and Ex Parte Decisionmaking."
Posted at 10:55 PM by Howard Bashman



"Pentagon: Guantanamo tab $5.2B and counting." Carol Rosenberg of The Miami Herald has this report.
Posted at 10:22 PM by Howard Bashman


"Underemployed Cooley Law grads lose the war, but win the battle": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.

My earlier coverage of today's Sixth Circuit ruling appears at this link.
Posted at 10:11 PM by Howard Bashman



"Obama administration to release secret court order on phone records": The Los Angeles Times has this news update.
Posted at 10:05 PM by Howard Bashman


"Lawyer Who Beat Chevron in Ecuador Faces Trial of His Own": This article will appear Wednesday in The New York Times.
Posted at 10:00 PM by Howard Bashman


"Holder's Texas-Sized Gambit after Voting Act Loss": Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this essay online at The National Law Journal.
Posted at 07:05 PM by Howard Bashman


"The Next Big Test of Corporate Personhood": David H. Gans has this post today at the "Text & History Blog" of the Constitutional Accountability Center.
Posted at 05:30 PM by Howard Bashman


"Cops Can Track Cellphones Without Warrants, Appeals Court Rules": David Kravets has this post today at Wired.com's "Threat Level" blog.

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.

Update: At "SCOTUSblog," Lyle Denniston has a post titled "Cellphone privacy case on way to Court?"
Posted at 02:47 PM by Howard Bashman



"Lawsuit over 2009 Oscar Grant BART fracas can proceed": Howard Mintz of The San Jose Mercury News has this update.

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Ex-BART Cop Must Face Civil Suit in Oscar Grant Shooting."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 02:26 PM by Howard Bashman



"Air Marshal Disclosed 'Sensitive' Info Online, D.C. Circuit Says": At "The BLT: The Blog of Legal Times," Mike Scarcella had this post reporting on a ruling that the U.S. Court of Appeals for the D.C. Circuit unsealed today.
Posted at 01:26 PM by Howard Bashman


"Appeals court upholds ruling striking down NYC's large soda ban; Mayor Michael Bloomberg had advanced the regulation as a way to combat obesity among city residents": The New York Daily News has this update.

The New York Post has a news update headlined "Appeals court upholds ruling slapping down Mayor Bloomberg's soda ban."

Bloomberg News reports that "N.Y.'s Large Soda Ban Block Ruling Upheld on Appeal."

Reuters reports that "Appeals court upholds ruling that halted NYC's large-soda ban."

The Associated Press has a report headlined "Appeals court: NYC's big-soda ban unconstitutional."

You can access today's ruling of the New York State Supreme Court, Appellate Division, First Department, at this link.
Posted at 01:16 PM by Howard Bashman



"MIT report finds university never pushed for prosecution or punishment for Aaron Swartz": The Boston Globe has this news update.

John Schwartz of The New York Times has a news update headlined "M.I.T. Releases Report on Its Role in the Case of Aaron Swartz."

And The Boston Herald has a news update headlined "MIT report finds 'no wrongdoing' in Aaron Swartz case."

I previously linked to the report in this post from earlier today.
Posted at 01:08 PM by Howard Bashman



"Imprisoned Al-Qaeda Translator Cites Speech Freedom in Appeal": Bloomberg News has this report.

Update: In other coverage, The Associated Press reports that "Mass. convict in terror case argues court appeal."
Posted at 01:02 PM by Howard Bashman



"The Third Circuit Is Wrong Again: 'For-Profit, Secular Corporations' Can Engage in the 'Exercise of Religion.'" At "walshsblog," law professor Kevin C. Walsh has this post today.
Posted at 12:02 PM by Howard Bashman


"Report to the President: MIT and the Prosecution of Aaron Swartz." MIT today posted online this lengthy report, along with a letter from MIT's president.

The web page where the report is posted online also provides access to some related materials.
Posted at 11:54 AM by Howard Bashman



"The plaintiffs, twelve graduates of the Thomas M. Cooley Law School, sued their alma mater in district court, alleging that the school disseminated false employment statistics which misled them into deciding to attend Cooley." So begins an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 11:18 AM by Howard Bashman


"A Judicial Whodunnit: Shedding Light On Unsigned Opinions." Andrew Lo has this essay online today at the "Cognoscenti" page of Boston's WBUR Radio.

Earlier this month, I had this post linking to the full paper.
Posted at 11:15 AM by Howard Bashman



In the August 2013 issue of ABA Journal magazine: Mark Walsh has an article headlined "DNA from arrested suspects is like any valid booking process, SCOTUS says."

David L. Hudson has an article headlined "Courts in a muddle over 4th Amendment's community caretaking exception."

And Bryan A. Garner's "On Words" column is titled "How attention to style improves substance."
Posted at 10:55 AM by Howard Bashman



"16-year terms for Wisconsin Supreme Court justices get nod from progressive group": The Capital Times of Madison, Wisconsin has this report.
Posted at 09:14 AM by Howard Bashman


"At The Supreme Court, The Number Of Women Advocates Is Increasing; Panelists at talk in D.C. discuss how women attorneys have broken into the exclusive 'club' of advocates": Tony Mauro of The National Law Journal has this report.
Posted at 09:10 AM by Howard Bashman


"Supreme Court Justice Ginsburg Speaks At Chautauqua Institution": Today's edition of The Post-Journal of Jamestown, New York contains this article.
Posted at 09:08 AM by Howard Bashman


"Supreme Court justices get defensive when losing a vote, BYU study says": This article appears today in The Deseret News.

Law professor Lance N. Long and statistics professor William F. Christensen have posted online at SSRN their article titled "When Justices (Subconsciously) Attack: The Theory of Argumentative Threat and the Supreme Court."
Posted at 09:05 AM by Howard Bashman



"Another Citizens United -- but Worse": Jeffrey Toobin has this blog post online today at The New Yorker.
Posted at 09:00 AM by Howard Bashman


"Charleston adoption hearing to weigh Veronica's transition as U.S. Supreme Court ponders stepping in": The Post and Courier of Charleston, South Carolina has this report.
Posted at 08:57 AM by Howard Bashman


"Ripped to Shreds on the Way to the D.C. Circuit: In the hyperpartisan battle over Obama's nominees to a key appeals court, the candidates' qualifications don't really matter." James Oliphant will have this essay in the August 2013 issue of The American Lawyer.
Posted at 08:47 AM by Howard Bashman


Monday, July 29, 2013

"Lawyers and opera: Supreme Court edition." The Chautauquan Daily has this report.
Posted at 11:22 PM by Howard Bashman


"Judges Ask Supreme Court to Take On Cell-Phone Searches": At WSJ.com's "Law Blog," Joe Palazzolo has this post reporting on an order denying rehearing en banc, and the two separate statements accompanying that order, that the U.S. Court of Appeals for the First Circuit issued today. Update: At "The Volokh Consiracy," Orin Kerr offers these thoughts.
Posted at 11:16 PM by Howard Bashman


"Class action activist asks SCOTUS to review charity-only settlements": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 06:08 PM by Howard Bashman


Today, the Pa. Superior Court issued four rulings addressing the impact of federal preemption, in the aftermath of Mensing and Bartlett, on state law personal injury claims brought by plaintiffs injured as the result of ingesting Reglan and/or metoclopramide: You can access today's rulings at the following links -- Hassett appeal (majority opinion; concurring and dissenting opinion); main generics' appeal (majority opinion; concurring and dissenting opinion); Morton Grove appeal (majority opinion; concurring and dissenting opinion); and Wyeth appeal (majority opinion; dissenting opinion).

As noted in this earlier post, I argued these four appeals on behalf of the plaintiffs/appellees in the Pa. Superior Court on November 28, 2012.
Posted at 04:44 PM by Howard Bashman



"Teva Plan to Safeguard $4 Billion Drug Endangered by Ruling": Bloomberg News has this report.

My earlier coverage of Friday's Federal Circuit ruling appears at this link.
Posted at 02:48 PM by Howard Bashman



"SCOTUSblog on camera: Geoffrey Stone Part one." Today at "SCOTUSblog," you can access at this link part one of a video interview with law professor Geoffrey R. Stone.
Posted at 02:44 PM by Howard Bashman


"Court to Decide if Lawyers Can Block Gays From Juries": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 02:41 PM by Howard Bashman


"Police Dog's Bad Record Upends Murder Conviction": Pamela A. MacLean has this post today at her "Trial Insider" blog reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 02:36 PM by Howard Bashman


"Justice Ginsburg to speak on two great passions: law, opera." The Chautauquan Daily has this report.
Posted at 10:20 AM by Howard Bashman


"With NSA revelations, Sen. Ron Wyden's vague warnings about privacy finally become clear": This article appears today in The Washington Post.

And today's edition of The Washington Post reports that "Momentum Builds Against N.S.A. Surveillance."
Posted at 08:35 AM by Howard Bashman



"VCR's Past Is Guiding Television's Future": David Carr has this new installment of his "The Media Equation" column in today's edition of The New York Times.
Posted at 08:30 AM by Howard Bashman


"'75 law blocks benefits for gay vets' spouses": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 08:26 AM by Howard Bashman


"South Carolina court to decide on Baby Veronica transfer to adoptive parents": This article appears today in The Tulsa World.
Posted at 08:24 AM by Howard Bashman


"Ron Pauls of the Supreme Court: Libertarianism has won over the conservative justices." Simon Lazarus has this essay online at The New Republic.
Posted at 08:20 AM by Howard Bashman


Sunday, July 28, 2013

"New justice to assume Melvin's former Supreme Court seat": This article appears today in The Pittsburgh Tribune-Review.
Posted at 02:33 PM by Howard Bashman


"Circuit Upholds City's $105 Million Award Against Exxon": New York Law Journal has this report.

My earlier coverage of Friday's Second Circuit ruling appears at this link.
Posted at 12:46 PM by Howard Bashman



"Could the Government Get a Search Warrant for Your Thoughts? Why remain silent if they can just read your mind?" John Villasenor has this essay online at The Atlantic.
Posted at 12:42 PM by Howard Bashman


What's new at work: Since returning from an appellate oral argument in Seattle mid-month, I have wrapped-up appellate briefs in two different cases. The more noteworthy of those two cases, in which I finalized the Brief for Plaintiffs/Appellees this past Friday, previously received coverage from ABC News, CBS Philly, The Philadelphia Inquirer, and Bloomberg News. It appears that work will remain quite busy in the forthcoming months, with opening briefs due in four entirely unrelated appeals -- two in August and two in September.
Posted at 12:40 PM by Howard Bashman


"With adoption possible next week, Veronica's birth father asks court to block ruling": This article appeared yesterday in The Post and Courier of Charleston, South Carolina.

Yesterday's edition of The Tulsa World reported that "Baby Veronica's biological father seeks Supreme Court reconsideration."

The Associated Press reports that "Father asks high court to block SC adoption ruling."

And at "SCOTUSblog," Lyle Denniston has a post titled "'Baby Veronica' case back at the Court."
Posted at 10:00 AM by Howard Bashman



"States seek to nullify Obama efforts": At Politico.com, Tal Kopan has this report.
Posted at 09:50 AM by Howard Bashman


"U.S. Supreme Court Justice Elena Kagan: 'There Are Always Bumps In The Road.'" You can access at this link an interview that Radio Free Europe/Radio Liberty recently conducted with Justice Elena Kagan.
Posted at 09:46 AM by Howard Bashman


"5th Circuit Dismisses 'Candy Cane' Religious Expression Case For Failure To Use Certified Mail In Pre-Suit Notice": Last night at his "Religion Clause" blog, Howard Friedman had this post reporting on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued Friday.
Posted at 09:44 AM by Howard Bashman


"G.O.P. Senators See an Upside in a Problematic Issue: Abortion." This front page article appears today in The New York Times.
Posted at 09:42 AM by Howard Bashman


"Under the U.S. Supreme Court: Awlaki's killing and the Constitution." Michael Kirkland of UPI has this report.
Posted at 09:36 AM by Howard Bashman


Saturday, July 27, 2013

"Death sentence avoided as Jason Pleau's pleads guilty in 2010 killing of gas-station manager": Today's edition of The Providence (R.I.) Journal contains an article that begins, "The saga of Jason Wayne Pleau, the accused killer whose case drew a governor and the U.S. attorney general into the national debate on the death penalty, has reached a resolution that could see his life spared, in return for spending the rest of it behind bars."
Posted at 11:18 PM by Howard Bashman


"Obamacare contraception: Could religious exemption be headed to Supreme Court? Sharp disagreement between US appeals courts suggests the issue of religious exemptions for the Obamacare contraception requirement could be on a fast track to the Supreme Court." Warren Richey of The Christian Science Monitor has this report.
Posted at 11:17 PM by Howard Bashman


"Is Ginni Thomas' Expanding Activism a Problem for Supreme Court Justice Clarence Thomas? Her fierce political advocacy with Groundswell revives conflict of interest questions surrounding her husband." Stephanie Mencimer has this report online at Mother Jones.
Posted at 11:14 PM by Howard Bashman


"A Supreme Court Abortion Fight Could Come in Time for 2016 Elections": ABC News has this report.
Posted at 11:12 PM by Howard Bashman


Friday, July 26, 2013

"Conestoga Wood Specialties loses health care law challenge in federal court": The Intelligencer Journal of Lancaster, Pennsylvania has this news update.

And The Associated Press reports that "Court rejects Pa. firm's health care law challenge."

My earlier coverage of today's Third Circuit ruling appears at this link.
Posted at 10:32 PM by Howard Bashman



"Skepticism About the Third Circuit's Rejection of Organizational Free Exercise Claims": Will Baude has this post at "The Volokh Conspiracy."
Posted at 09:58 PM by Howard Bashman


"Guantanamo medics: Forced feedings aren't torture." Carol Rosenberg of The Miami Herald has this report today.
Posted at 08:40 PM by Howard Bashman


"The Case of the Moldy Washing Machines: The laundry litigation that could determine the future of class-action lawsuits." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 07:44 PM by Howard Bashman


"Appeals court rejects Texas, industry challenge to EPA's GHG implementation rules": Jeremy P. Jacobs of Greenwire has this report.

My earlier coverage of today's D.C. Circuit ruling appears at this link.
Posted at 07:38 PM by Howard Bashman



"Hazleton's current and former mayors disspointed by immigration ruling": The Times Leader of Wilkes-Barre, Pennsylvania has this news update.

And The Associated Press reports that "Court reaffirms ban on Pa. city's immigrant laws."

My earlier coverage of today's Third Circuit ruling appears at this link.
Posted at 07:33 PM by Howard Bashman



"New Orleans tour guides lose free speech case against city licensing rules, vow to appeal": The Times-Picayune of New Orleans has this report.
Posted at 07:24 PM by Howard Bashman


"'Let Us Pray' Before Town Council Becomes High Court Case": Greg Stohr of Bloomberg News has this report.
Posted at 07:18 PM by Howard Bashman


"U.S. court permits generic version of Teva MS drug a year sooner": Reuters has this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 01:30 PM by Howard Bashman


"U.S. appeals court rejects states' challenge over climate rules": Lawrence Hurley of Reuters has this report on the ruling that a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 01:26 PM by Howard Bashman


"Exxon Mobil's $105 Million MTBE Defeat Upheld on Appeal": Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 01:22 PM by Howard Bashman


Following a GVR from the U.S. Supreme Court, the U.S. Court of Appeals for the Third Circuit today has "again conclude[d] that both the employment and housing provisions of the Hazleton ordinances are pre-empted by federal immigration law": I have posted online today's lengthy Third Circuit ruling at this link.
Posted at 01:14 PM by Howard Bashman


"[W]e conclude that for-profit, secular corporations cannot engage in religious exercise": So holds the majority on a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit in a ruling issued today in the Conestoga Wood Specialties case.

At "SCOTUSblog," Lyle Denniston has a post titled "Courts split on contraception law."
Posted at 01:04 PM by Howard Bashman



"Ginsburg says push for voter ID laws predictable": Mark Sherman of The Associated Press has this report.
Posted at 07:52 AM by Howard Bashman


Thursday, July 25, 2013

"Roberts's Picks Reshaping Secret Surveillance Court": Charlie Savage will have this article Friday in The New York Times.
Posted at 10:24 PM by Howard Bashman


"Federal appeals court rules that serial killer facing death penalty should get new sentencing hearing": The Boston Globe has this news update.

The Boston Herald has a news update headlined "Appeals court rules Gary Lee Sampson must get second penalty trial."

And The Associated Press has a report headlined "New death penalty hearing for Mass., NH killer."

You can access today's ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 09:52 PM by Howard Bashman



"Same-Sex Couple Wins Federal Health Insurance": Pamela A. MacLean has this post today at her "Trial Insider" blog.

You can access Tuesday's order of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 09:46 PM by Howard Bashman



"Equality and the Roberts Court: Four Decisions." Law professor David Cole will have this article in the August 15, 2013 issue of The New York Review of Books.
Posted at 09:37 PM by Howard Bashman


"Supreme Court Urged to Speed Up Financial Disclosures": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 02:24 PM by Howard Bashman


"Holder Wants Texas to Clear Voting Changes With the U.S." Charlie Savage and Adam Liptak of The New York Times have this news update.

Richard A. Serrano of The Los Angeles Times has a news update headlined "Justice Department to challenge Texas on voting rights."

The Washington Post has a news update headlined "Justice Department to challenge states' voting rights laws."

The Austin American-Statesman has a news update headlined "Feds seek new scrutiny of Texas election laws."

The San Antonio Express-News has an update headlined "Holder takes aim at Texas in challenge to voting rights case."

The Associated Press reports that "Justice Dept. to challenge states on voting rights."

David Ingram and Dave Warner of Reuters report that "Justice Department wants renewed authority over Texas voting laws."

Bloomberg News reports that "Justice Department to Take Action on State Voting Laws."

And at "SCOTUSblog," Lyle Denniston has a post titled "Preclearance requirement sought for Texas on voting."
Posted at 01:18 PM by Howard Bashman



"Gay immigrant spared deportation because of bias in Philippines": Maura Dolan of The Los Angeles Times has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 01:05 PM by Howard Bashman


"Another Senate Battle Looms Over Judicial Nominees": This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 01:02 PM by Howard Bashman


Wednesday, July 24, 2013

"With Obama nominees to key appeals court at stake, filibuster struggle may resume": Tom Curry, national affairs writer for NBC News, has this report.

Jennifer Bendery of The Huffington Post has a report headlined "Republicans Wrongly Accuse Obama Of Court-Packing -- Again."

At her "Trial Insider" blog, Pamela A. MacLean has a post titled "Obama Nominee to DC Circuit Grilled."

At "Jezebel," Erin Gloria Ryan has a post titled "Scary Feminist Nominated for Federal Judgeship; Conservatives Flip Out."

And Thursday's edition of The Wall Street Journal will contain an editorial titled "The D.C. Circuit's Judicial Math: The appellate court has more than enough judges for its work load." You can freely access the full text of the editorial via Google News.
Posted at 11:45 PM by Howard Bashman



"Justices on the Job": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 10:02 PM by Howard Bashman


"How Gay Marriage Became Legitimate: A revisionist history of a social revolution." In the August 5, 2013 issue of The New Republic, Seventh Circuit Judge Richard A. Posner has this review of two new books -- law professor Michael J. Klarman's "From the Closet to the Altar: Courts, Backlash, and the Struggle for Same-Sex Marriage" and Jason Pierceson's "Same-Sex Marriage in the United States: The Road to the Supreme Court."
Posted at 08:30 PM by Howard Bashman


"Supreme Court's Favorability Edges Below 50%; Blacks' Views of Court Turn More Negative": Pew Research Center for People & the Press issued this news release today. You can access the complete survey results at this link.
Posted at 08:22 PM by Howard Bashman


"Obama judicial nominee questioned on abortion, religion; Republicans accuse president of trying to 'pack' federal appeals court, considered the nation's second most powerful, but three seats are vacant": Richard Wolf of USA Today has this report.
Posted at 05:54 PM by Howard Bashman


"GOP signals it will oppose nominees to key court": The Associated Press has a report that begins, "Just a week after the Senate hashed out a compromise for approving seven of President Barack Obama's nominees to run government departments, agencies and boards, Republicans on Wednesday signaled their opposition to Obama's plan for filling vacancies on the U.S. Court of Appeals for the District of Columbia."

And at "The BLT: The Blog of Legal Times," Todd Ruger has a post titled "D.C. Circuit Nominee Under Fire on Capitol Hill."
Posted at 03:38 PM by Howard Bashman



"Even Crazy Bloggers Deserve Safety From Subpoenas": Online today at Bloomberg View, law professor Noah Feldman has an essay that begins, "The government has ways to make you talk, as writer James Risen was reminded when the U.S. Court of Appeals for the Fourth Circuit ordered him last week to testify against the Central Intelligence Agency source who told him about covert operations regarding Iran's nuclear facilities."
Posted at 01:40 PM by Howard Bashman


"Fox appeal for preliminary injunction against AutoHop denied": The Los Angeles Times has this news update.

Reuters reports that "Fox loses appeal over Dish 'Hopper' feature; Fox brought copyright, breach of contract claims; Fox sought to stop sales of commercial-skipping device."

At the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Fox Loses Appeal Asking for Injunction Against Dish's 'Hopper' Ad-Skipper; An appeals court refuses to overturn a judge's decision over a technology that broadcasters argue will irreparably harm the television industry."

At The Verge, Greg Sandoval reports that "Judge denies Fox's request to shut down Dish Network's ad-skipping DVR."

And Variety reports that "Appeals Court Refuses Fox Effort to Stop Dish's Ad-Skipping Feature."

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



"Appeal court upholds sea lions decision": The Associated Press has this report.

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Alaska Commercial Fishing Limited to Protect Sea Lions."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:32 AM by Howard Bashman



"California prison overcrowding issue goes back to Justice Kennedy; Justice Anthony Kennedy wrote for the Supreme Court in 2011 to uphold an order against California's overcrowded prisons; Now Gov. Jerry Brown wants him to block a release of more than 9,000 inmates": David G. Savage has this article today in The Los Angeles Times.
Posted at 10:27 AM by Howard Bashman


At 10 a.m. eastern time, the Senate Judiciary Committee will hold a confirmation hearing for Cornelia T.L. Pillard to serve as a D.C. Circuit Judge: Once underway, you can view the hearing live via this link.
Posted at 09:00 AM by Howard Bashman


"The Secret FISA Court Must Go: We are assured the secret FISA court is keeping a close eye on government surveillance, but the truth of what it has done and justified is terrifying." Law professor Christopher Sprigman and Jennifer Granick, director of Civil Liberties at the Stanford Center for Internet and Society, have this essay online today at The Daily Beast.
Posted at 08:57 AM by Howard Bashman


"No misdemeanor case about a soiled toilet and a seven-day jail sentence is worth 57 pages of attention from a United States Court of Appeals." Yesterday at his blog "Hercules and the Umpire," Senior U.S. District Judge Richard G. Kopf had a post titled "On matters of perspective and toilets."

My earlier coverage of last Friday's First Circuit ruling appears at this link.
Posted at 08:52 AM by Howard Bashman



"An Afternoon With Alito": Rich Lizardo had this post yesterday at "The Spectacle Blog" of The American Spectator.
Posted at 08:47 AM by Howard Bashman


Tuesday, July 23, 2013

"Some SC immigration rules still nixed": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 11:40 PM by Howard Bashman


"Court refuses to revive military sex assault suit": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 10:54 PM by Howard Bashman


"Swartz FOIA documents bottled up": Josh Gerstein of Politico.com has this blog post.

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Justice Dept. Told Not to Delay Aaron Swartz FOIA."
Posted at 10:42 PM by Howard Bashman



"Justice Kennedy: 'We must know our heritage and our history.'" The Chautauquan Daily has this report.
Posted at 10:40 PM by Howard Bashman


"Gay marriage in California: State Supreme Court again rejects bid to halt nuptials." Howard Mintz of The San Jose Mercury News has this update.

And Maura Dolan of The Los Angeles Times has a news update headlined "California Supreme Court again refuses to stop gay marriage."
Posted at 07:58 PM by Howard Bashman



"Confirmed Supreme Court justice nominee Correale Stevens to be sworn in July 30": The Patriot-News of Harrisburg, Pennsylvania has this update.
Posted at 03:06 PM by Howard Bashman


"Supreme Court win boosts fight against drug settlements: FTC." Reuters has this report.

And at "The BLT: The Blog of Legal Times," Todd Ruger has a post titled "FTC Vows Strong Action After Pay-for-Delay Ruling."
Posted at 01:34 PM by Howard Bashman



"Death-Penalty Drug Import Ruled Illegal by Appeals Court": Andrew Zajac of Bloomberg News has this report.

And The Associated Press reports that "FDA can't allow execution drug to be imported."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 01:30 PM by Howard Bashman



"EPA Ozone Pollution Standard Upheld by U.S. Appeals Court": Tom Schoenberg of Bloomberg News has this report.

Lawrence Hurley of Reuters reports that "U.S. appeals court partially upholds ozone pollution rule."

And The Associated Press reports that "Federal court upholds Bush-era smog standard."

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



"Appeals court again rejects Jerusalem passport lawsuit": Josh Gerstein has this blog post at Politico.com.

And David Ingram of Reuters reports that "U.S. court invalidates passport law on status of Jerusalem."

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



"Archived Webcast of UCI Law Supreme Court Term in Review Now Available": Rick Hasen has this post at his "Election Law Blog." You can access the video directly by clicking here.
Posted at 12:48 PM by Howard Bashman


"Supreme Court rulings on Oklahoma cases to have impact, scholars say": This article appears today in The Tulsa World.
Posted at 09:46 AM by Howard Bashman


"A Better Secret Court": Senior U.S. District Judge James G. Carr (N.D. Ohio) has this op-ed today in The New York Times.
Posted at 09:42 AM by Howard Bashman


"This is an appeal from a criminal misdemeanor conviction of a defendant convicted of badly soiling a courthouse bathroom." So began the majority opinion that a divided three-judge panel of the U.S. Court of Appeals for the First Circuit issued last Friday.

As the first paragraph of Circuit Judge Juan R. Torruella's dissenting opinion explains:

The momentous importance of this case surely forecasts its deserved place in the annals of federal prosecutorial history. Before us is an appeal from a conviction of a citizen who was prosecuted for soiling federal property after he had the misfortune of involuntarily losing control of his bowels while on the premises of the United States District Court for the District of Maine. This incident was followed by the filing of multiple criminal charges.
The opinions in the case span 53 pages, excluding the four color photographs appended to the dissent.
Posted at 09:34 AM by Howard Bashman


"The Story Of SCOTUSblog": This audio segment (click here to launch the audio feed) appeared on yesterday's broadcast of American University Radio's "The Kojo Nnamdi Show." At some point in the broadcast, Lyle Denniston gives a shout-out to "How Appealing."
Posted at 09:25 AM by Howard Bashman


"Judges order Md. to act on gas project at heart of state-federal clash": Jeremy P. Jacobs of Greenwire has this report.
Posted at 09:23 AM by Howard Bashman


"Justice Kennedy lectures to packed Hall of Philosophy": This article appears today in The Observer of Dunkirk, New York.
Posted at 09:22 AM by Howard Bashman


"Breyer Reacts to Affirmative Action Decision: 'Phew.'" Michelle Olsen has this post today at her "Appellate Daily" blog.
Posted at 09:20 AM by Howard Bashman


"Federal court rules Farmers Branch rental ordinance unconstitutional": The Dallas Morning News contains this article today, reporting on an en banc ruling that the U.S. Court of Appeals for the Fifth Circuit issued yesterday. I have posted the ruling online at this link because it is not yet freely available from that court's web site.

My earlier coverage of the ruling can be accessed here.
Posted at 09:18 AM by Howard Bashman



"Appeals court affirms lower court ruling in Akron firefighter promotion case": The Akron Beacon Journal contains this article today reporting on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued yesterday.
Posted at 09:15 AM by Howard Bashman


Monday, July 22, 2013

"Justice Ginsburg: 'All doors are open to women.'" Tulane Law School issued this news release today.
Posted at 10:18 PM by Howard Bashman


"Supreme Court shutouts reveal reckless decisions; When the White House loses cases 9-0, the president is going too far": Law professor Ilya Somin will have this op-ed in Tuesday's edition of USA Today.
Posted at 10:15 PM by Howard Bashman


"German home-schoolers to appeal to Supreme Court": The Associated Press has a report that begins, "Attorneys for Christian parents who fled Germany in order to home school their children but have been denied U.S. asylum said they are preparing to ask the U.S. Supreme Court to hear the case and were working with Congress to try to change asylum law."
Posted at 10:09 PM by Howard Bashman


"Court stops Dallas suburb's immigrant renters law": The Associated Press has this report.

I have posted at this link today's lengthy en banc ruling of the U.S. Court of Appeals for the Fifth Circuit.
Posted at 09:56 PM by Howard Bashman



"Cherokee Nation court grants joint custody of Baby Veronica to biological father's wife and parents": The Tulsa World has this news update.

And today the Cherokee Nation issued a news release titled "Cherokee Nation files petition for rehearing in Adoptive Couple v. Baby Girl."
Posted at 09:44 PM by Howard Bashman



"Was Justice Kagan's Snarkiness in Genesis Healthcare v. Symczyk Justified?" Law professor Mike Dorf has this post today at his blog, "Dorf on Law."
Posted at 01:45 PM by Howard Bashman


"Talk is anything but cheap for phone calls from Pennsylvania's prison; Inmates charged five times usual rate to make phone calls": Andrew McGill had this article in yesterday's edition of The Pittsburgh Post-Gazette.
Posted at 01:43 PM by Howard Bashman


"Federal judge delays North Dakota abortion law": The Associated Press has this report.
Posted at 01:10 PM by Howard Bashman


"Former Wyoming Attorney General Greg Phillips born to be a judge, boss says": This article appears today in The Casper Star-Tribune.
Posted at 12:10 PM by Howard Bashman


"A Life in the Law: An Interview With Drew Days." Rodger D. Citron has this interview at the Touro Law Review Online Edition.
Posted at 08:27 AM by Howard Bashman


"Reporter May Be Bound for Jail Over Subpoena": Kenneth Jost has this post today at his blog, "Jost On Justice."
Posted at 08:05 AM by Howard Bashman


"The 'intensifying' art of the dissent": Robert Barnes has this new installment of his "The High Court" column in today's edition of The Washington Post.
Posted at 07:56 AM by Howard Bashman


Sunday, July 21, 2013

"Marshals Lose Track of Encrypted Radios Worth Millions; Loss of Equipment Could Endanger Judges, Witnesses": Devlin Barrett 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 08:51 PM by Howard Bashman



"Pentagon prepares review panels for 71 Guantanamo detainees": Carol Rosenberg of The Miami Herald has this report.
Posted at 08:32 PM by Howard Bashman


"In Snowmass, Justice Antonin Scalia says judges should not be policymaker": The Aspen Times has an article that begins, "U.S. Supreme Court Justice Antonin Scalia used the twin terrors of Nazi Germany and radical Islam to warn a Snowmass Village audience Saturday about the dangers of judicial activism."
Posted at 08:30 PM by Howard Bashman


Judge Posner on "Patent Trolls": Seventh Circuit Judge Richard A. Posner has this post today at "The Becker-Posner Blog."
Posted at 08:22 PM by Howard Bashman


"The Last Days of Big Law: You can't imagine the terror when the money dries up." In the issue of The New Republic on newsstands tomorrow, Noam Scheiber will have this cover story.
Posted at 08:09 PM by Howard Bashman


"Supreme court says Ala Moana death case can proceed": Hawaii News Now has this report.

And The Associated Press reports that "Hawaii court rules in case of woman's duct death."

Last Thursday's ruling of the Supreme Court of Hawaii consisted of a majority opinion and an opinion concurring and dissenting.
Posted at 01:42 PM by Howard Bashman



"Utah Supreme Court rules state had a duty to protect boy killed by bear; Utah justices also rule bear is not a 'natural condition' as they send the case back to a lower court": This article appeared yesterday in The Salt Lake Tribune.

And yesterday's edition of The Deseret News contained an article headlined "Utah Supreme Court rules in favor of family of boy killed by bear."

You can access yesterday's 3-to-2 ruling of the Supreme Court of Utah at this link.
Posted at 01:30 PM by Howard Bashman



"Kansas Supreme Court: Gun stores must use 'highest standard of care' to avoid selling firearms to felons." Mark Morris had this article yesterday in The Kansas City Star.

You can access Friday's ruling of the Supreme Court of Kansas at this link.
Posted at 01:24 PM by Howard Bashman



"Darisabel Baez's killer, like others with death warrants, has many appeals possible; And, there have been no executions in Pennsylvania since 1999": This article appears today in The York Sunday News.
Posted at 01:18 PM by Howard Bashman


"Supreme Court justices Kennedy, Ginsburg set to speak at western NY's Chautauqua Institution": The Associated Press has this report.
Posted at 01:15 PM by Howard Bashman


"The Supreme Court's Next Big Abortion Decision: The high court has agreed to review an Oklahoma law restricting medication abortions." Kate Sheppard has this essay online at Mother Jones.
Posted at 01:14 PM by Howard Bashman


"Under the U.S. Supreme Court: The fight over contraception coverage." Michael Kirkland of UPI has this report.
Posted at 11:15 AM by Howard Bashman


Saturday, July 20, 2013

"4-year battle over sold car could reach Ohio Supreme Court; City sold man's car despite judge's order": This article appears today in The Cincinnati Enquirer.
Posted at 04:44 PM by Howard Bashman


"Americans' Approval of Supreme Court Near All-Time Low; After historic term, less than a third of Republicans approve of the court": Yesterday, Gallup issued a news release that begins, "After an important term in which the U.S. Supreme Court made landmark decisions on cases involving voting rights, gay rights, and affirmative action, the institution's approval rating has declined to its lowest level since June 2005." Access to the complete results of the survey can be accessed toward the bottom of the news release.
Posted at 04:42 PM by Howard Bashman


"Retiring Colorado Supreme Court justice 'ready to rock, roll' as lawyer": This article appeared yesterday in The Denver Post.
Posted at 04:40 PM by Howard Bashman


"John Paul Stevens on the Supreme Court's Voting Rights Decision: The former justice offers sharp criticism of the majority opinion." Andrew Cohen has this essay online at The Atlantic.
Posted at 02:03 PM by Howard Bashman


"Seduction on forest trail or obscene act? Appeals court to decide." Mike Scarcella had this article earlier this year in The National Law Journal.

Yesterday, a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued this decision reversing the defendant's conviction.
Posted at 10:52 AM by Howard Bashman



Friday, July 19, 2013

"How Georgia Just Spared The Life of Man It Desperately Wants To Kill; Warren Lee Hill was scheduled to die this evening": Andrew Cohen has this essay online at The Atlantic.
Posted at 06:17 PM by Howard Bashman


"Supreme Court's College Race Ruling Continues to Spur Debate": Mark Walsh has this post today at the "School Law" blog of Education Week.
Posted at 06:15 PM by Howard Bashman


A look back at last week's Ninth Circuit-related trip to Seattle: On Thursday through Saturday of last week, I received a welcome respite from the sweltering east coast when I traveled to Seattle to present an oral argument at the U.S. Court of Appeals for the Ninth Circuit. The oral argument audio is available via this link. The opposing parties in the case filed a total of four appellate briefs, which can be accessed (in the order that they were filed in this particular appeal and cross-appeal) here, here, here, and here.

But the purpose of this post is not to inflict the details of the appeal that brought me to Seattle on the readers of my blog. Rather, the goal of this post is to thank all those many readers who shared recommendations and suggestions when I had previously sought reader input on things to do and places to eat in Seattle. By and large, everything my son and I did while visiting Seattle that wasn't work-related was something that a reader of this blog had suggested. And that's true even though we avoided one reader's suggestion that we should drop-in on the law librarians' convention that was then taking place in Seattle.

Here are some photos from my recent Seattle visit. On day one, we visited the top of the Space Needle, which offers great views of the entire surroundings. Here's a photo of downtown Seattle that I took from the observation deck. On Friday, it was off to court to present oral argument. Ninth Circuit Judge N. Randy Smith took time to greet everyone in the courtroom when he visited approximately five to ten minutes before the oral argument session got underway. He was a bit less friendly to some of the advocates once court was in session, but it is always better to hear and address the judges' concerns than to be surprised to learn them only after the opinion has issued. Senior Ninth Circuit Judge Andrew J. Kleinfeld, who once participated in this blog's "20 questions for the appellate judge" feature, struck me as very well-prepared and focused in his questioning. And Circuit Judge Milan D. Smith, Jr. did a great job presiding over the argument session and was kind enough to extend a special welcome at the beginning of my first-ever Ninth Circuit argument. Here is a photo of the Ninth Circuit's Seattle courthouse that I took on my way in to present oral argument.

On Friday afternoon, we headed back to the vicinity of the Space Needle to visit an art exhibition titled "Chihuly Garden and Glass." Here's a photo of one of the really interesting art displays. Before leaving the vicinity, I also took a photo of the Space Needle from the ground up.

Friday night, it was time to be welcomed to Safeco Field, home of the Seattle Mariners. The cool weather meant it was necessary to bring jackets or sweatshirts to the ballpark. We had great seats -- 11th row by first base. Due to Seattle's location, it stays quite light outside until late into the evening. By 9:05 p.m. local time, the sun was certainly beginning to set, but it was still very bright out. The Mariners trounced the Los Angeles Angels of Anaheim by a score of 8-to-3. Former Phillie Raul Ibanez hit two home runs for the Mariners and drove in three.

Our final non-airport meal in Seattle was dinner on Saturday night at a restaurant on the outskirts of Seattle that offered a fine view both of downtown and of Mount Ranier off in the distance (which can be seen just to the right of the middle of this photo if you look very carefully).

Again, this was my very first visit to Seattle, and I remain especially thankful for all of the excellent Seattle-related recommendations that so many readers of this blog sent along before my trip. July is certainly the prime season for tourism in Seattle. You can spend at least two or three days visiting Seattle and still not see everything. I definitely recommend a visit, whether or not in conjunction with a Ninth Circuit oral argument.
Posted at 05:45 PM by Howard Bashman



"In Major Ruling, Court Orders Times Reporter to Testify": Charlie Savage will have this article in Saturday's edition of The New York Times.

Lawrence Hurley of Reuters reports that "U.S. court says reporter must testify in leak case."

And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Fourth Circuit Voids Protection of Reporter in Leak Case."

My earlier coverage of today's Fourth Circuit ruling appears at this link.
Posted at 04:20 PM by Howard Bashman



A conversation on judicial efficiency at the appellate level: Last month's installment of my "Upon Further Review" column published in The Legal Intelligencer -- Philadelphia's daily newspaper for lawyers -- was titled "Adding Judicial Efficiency to the Appellate Conversation."

In today's edition of The Legal Intelligencer, Pennsylvania's Chief Justice Ronald D. Castille -- for whom I have great admiration and respect -- had a response to my column titled "Explaining the High Court's Work Product and Efficiency."
Posted at 03:48 PM by Howard Bashman



"Hobby Lobby wins stay against federal health care mandate; U.S. District Judge Joe Heaton grants company's request for injunction against the Affordable Care Act": The Oklahoman has a news update that begins, "Ruling from the bench Friday morning, U.S. District Court Judge Joe Heaton granted Hobby Lobby's request for a preliminary injunction against part of the Affordable Care Act."
Posted at 12:04 PM by Howard Bashman


"New Jersey Supreme Court Restricts Police Searches of Phone Data": This front page article appears in today's edition of The New York Times.

The Star-Ledger of Newark, New Jersey has articles headlined "Police need warrants to track cell-phone data, N.J. Supreme Court rules" and "Privacy rights a key issue for N.J. Supreme Court."

The Record of Hackensack, New Jersey reports that "N.J. Supreme Court says police need warrants to track suspects' cellphones."

And The Associated Press has a report headlined "NJ court: Warrants needed for cellphone tracking."

You can access yesterday's unanimous ruling of the Supreme Court of New Jersey at this link.
Posted at 11:55 AM by Howard Bashman



Tough address for an appellate attorney: Just heard from an appellate attorney reader of the blog whose office address is One Page Avenue. It may be time to relocate to 14000 Word Boulevard.

Update: If Google Maps is any indication, 14000 Word Road exists in Dillwyn, Virginia; 14000 Word Terrace exists in Suffolk, Virginia; and 14000 Word Street can be found in Dallas, Texas.
Posted at 11:26 AM by Howard Bashman



"Louisiana funeral directors want ruling that allows St. Joseph Abbey monks to sell caskets overturned": The Times-Picayune of New Orleans has this report.

Update: The petition for writ of certiorari can be accessed here.
Posted at 11:06 AM by Howard Bashman



"N.Y. Times Reporter Must Testify on Source, Court Says": Tom Schoenberg of Bloomberg News has a report that begins, "New York Times reporter James Risen must say at a trial whether former CIA official Jeffrey Sterling, accused of leaking classified information, was a source for his book, a federal appeals court ruled."

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

Update: In other coverage, Josh Gerstein of Politico.com reports that "Court reignites reporters' privilege controversy."
Posted at 10:32 AM by Howard Bashman



"Judicial Picks Loom as Next Battle": In today's edition of The Wall Street Journal, Brent Kendall and Rebecca Ballhaus of The Wall Street Journal have an article that begins, "This week's bipartisan Senate deal ended a dispute over some of President Barack Obama's stalled executive-branch nominees, but a coming fight over judicial nominees may prove even trickier to resolve."

You can freely access the full text of the article via Google News.
Posted at 10:30 AM by Howard Bashman



Thursday, July 18, 2013

"No decision in round two of 'Docs vs. Glocks' in Miami federal appeals court": Jay Weaver of The Miami Herald has this updated report.
Posted at 06:07 PM by Howard Bashman


"Judge upholds stay of Hill's execution": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "A Fulton County judge on Thursday kept in place a stay of execution for condemned killer Warren Hill, expressing concern that a new state law that shields from public view the identities of those who make and supply Georgia's lethal injection drugs is unconstitutional."
Posted at 05:00 PM by Howard Bashman


"The Court & the Right to Vote: A Dissent." Retired Justice John Paul Stevens will have this review of Gary May's book "Bending Toward Justice: The Voting Rights Act and the Transformation of American Democracy" in the August 15, 2013 issue of The New York Review of Books.
Posted at 04:55 PM by Howard Bashman


"NLRB deal unlikely to affect U.S. Supreme Court case": Lawrence Hurley of Reuters has this report.
Posted at 04:51 PM by Howard Bashman


"No Expert Needed, Disabled Access Suit Reinstated": At her "Trial Insider" blog, Pamela A. MacLean has this post about a decision that Chief Judge Alex Kozinski issued today on behalf of the majority on a partially divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 02:38 PM by Howard Bashman


"Federal Circuit Nominee Gets Senate Judiciary Approval": Todd Ruger has this post at "The BLT: The Blog of Legal Times."
Posted at 02:35 PM by Howard Bashman


"Court hears Fla. appeal in 'Docs vs. Glocks' case": Curt Anderson of The Associated Press has this report.
Posted at 01:06 PM by Howard Bashman


Majority on divided three-judge Sixth Circuit panel affirms entry of $65 million summary judgment against the former operators of ClassicStar's now-defunct mare lease program: You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.

Daily Racing Form covered the district court's summary judgment ruling in an article headlined "Judge awards $65 million to plaintiffs in ClassicStar mare-lease program fraud."

And in other coverage of the district court's ruling, BloodHorse.com reported that "$65 Million Awarded to ClassicStar Investors."

Update: In early news coverage of today's ruling, The Associated Press reports that "Court upholds $66 million judgment in fraud case."
Posted at 11:30 AM by Howard Bashman



"Sixth Circuit Can't Take A Hint From SCOTUS, Reinstates Whirlpool Smelly-Washer Case": At Forbes.com, Daniel Fisher has this post about a ruling that a unanimous two-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 11:18 AM by Howard Bashman


"Appellate Veterans Launch Moot Court Panel for Hire": Sara Randazzo of The Am Law Daily has this report.
Posted at 10:50 AM by Howard Bashman


"Boston bombing court files cloaked in secrecy": Josh Gerstein of Politico.com has this report.
Posted at 10:08 AM by Howard Bashman


"Wyoming attorney general to take oath as federal judge": Today's edition of The Casper Star-Tribune contains an article that begins, "Wyoming Attorney General Gregory Phillips will be sworn in as a federal appeals court judge Monday afternoon in a brief low-key ceremony in the chambers of Federal District Judge Alan Johnson in Cheyenne."
Posted at 10:00 AM by Howard Bashman


"IMF to file brief with U.S. Supreme Court in Argentina case": Reuters has this report.
Posted at 09:25 AM by Howard Bashman


"It's round two of 'Docs vs. Glocks' in Miami federal appeals court Thursday": Jay Weaver has this article today in The Miami Herald.
Posted at 09:24 AM by Howard Bashman


"Senator Lee Criticizes Chief Justice in New E-Book": Michelle Olsen has this post today at her "Appellate Daily" blog.
Posted at 09:23 AM by Howard Bashman


"Challenges to Policies on Terror Are Halted": Charlie Savage has this article today in The New York Times.

My earlier coverage of yesterday's Second Circuit ruling appears here and here.
Posted at 07:55 AM by Howard Bashman



"Why the Solicitor General Should Ask the Supreme Court to Reverse the Fourth Circuit's Decision in Samantar": John Bellinger had this post recently at the "Lawfare" blog.
Posted at 07:51 AM by Howard Bashman


"University of Louisville librarian has become an expert on U.S. Supreme Court Justice Louis D. Brandeis; U of L archivist delves into life, career of jurist": The Courier-Journal of Louisville, Kentucky has this report.
Posted at 07:50 AM by Howard Bashman


"High court ruling could have major impact on young killers; State Supreme Court to whether teen killers will get new sentencing hearings": The Morning Call of Allentown, Pennsylvania contains this article today.
Posted at 07:48 AM by Howard Bashman


"Supreme Court ruling may free abortion provider's killer early": This article appears in The Kansas City Star.
Posted at 07:44 AM by Howard Bashman


Wednesday, July 17, 2013

"Baby Veronica coming back to Charleston, SC's high court says": The Post and Courier of Charleston, South Carolina has this news update.

Robert Barnes of The Washington Post has a news update headlined "South Carolina court orders 'Baby Girl' returned to adoptive parents."

The Associated Press reports that "Court awards American Indian child to SC couple."

And at "SCOTUSblog," Lyle Denniston has a post titled "'Baby Veronica' adoption allowed."

You can access today's 3-to-2 ruling of the Supreme Court of South Carolina at this link.
Posted at 10:48 PM by Howard Bashman



"Disclosure Sheds Light on Justice Alito's Recusals": Mike Scarcella has this post today at "The BLT: The Blog of Legal Times."
Posted at 04:37 PM by Howard Bashman


"Richmond appeals court invalidates NLRB appointments": The Associated Press has a report that begins, "A third federal appeals court has declared President Barack Obama's recess appointments of three members of the National Labor Relations Board unconstitutional."

You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link.

And at his "walshslaw" blog, law professor Kevin C. Walsh has a post titled "An early observation on the Fourth Circuit's recess appointments decision."
Posted at 04:30 PM by Howard Bashman



Majority on divided three-judge Ninth Circuit panel holds that a provision of the Prison Litigation Reform Act limiting attorney's fees to 150 percent of monetary judgment does not apply to attorney's fees incurred in successfully defending the judgment on appeal: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Circuit Judge Stephen Reinhardt wrote the majority opinion, which creates a circuit split with the Sixth Circuit.

Update: At her "Trial Insider" blog, Pamela A. MacLean has a post titled "Attorney Fee Cap Lifted on Prisoner Appeals."
Posted at 01:12 PM by Howard Bashman



"Spider-Man himself may chuckle at the legal irony; Tucson toy inventor, caught up in a legal tangle, loses royalty rights": Howard Fischer has this article today in The Arizona Daily Star.

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 01:04 PM by Howard Bashman



"Ruling That Struck Down Military Detention Power Rejected": Bloomberg News has this report.

The Associated Press has a report headlined "Appeals court: Anti-terror law needs more review."

And at Politico.com, Josh Gerstein has a blog post titled "Appeals court overturns indefinite detention limits."

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

Update: In other coverage, Bernard Vaughan of Reuters reports that "U.S. appeals court tosses injunction limiting indefinite detention."

And Matt Sledge of The Huffington Post reports that "NDAA Indefinite Detention Lawsuit Thrown Out."
Posted at 12:40 PM by Howard Bashman



"Royce Lamberth steps down from court post; outspoken on government incompetence": This article appears today in The Washington Post.

Although the headline may suggest that Judge Lamberth has retired altogether from judicial service, what appears to have happened is that Judge Lamberth has taken senior status and thus is no longer serving as chief judge of the U.S. District Court for the District of Columbia.
Posted at 11:32 AM by Howard Bashman



Testing the limits of irresistibility: Today at "On Brief: Iowa's Appellate Blog," Ryan Koopmans has a post titled "Melissa Nelson asks the Iowa Supreme Court to reconsider her case -- again."
Posted at 11:24 AM by Howard Bashman


"Appeals court orders new trials for 8 in Clay County vote-buying conspiracy case": The Lexington (Ky.) Herald-Leader has this news update.

And The Associated Press reports that "Federal appeals court overturns convictions of 8 in eastern Ky vote fraud case."

You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 11:22 AM by Howard Bashman



Elton John (a/k/a Sir Elton Hercules John) wins lyrics-related copyright appeal pending at the Seventh Circuit: You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 11:18 AM by Howard Bashman


Unanimous Second Circuit panel vacates permanent injunction against a provision of the National Defense Authorization Act of 2012 that permits the President to detain anyone who was part of, or has substantially supported, al-Qaeda, the Taliban, or associated forces: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit in Hedges v. Obama at this link.

You can access the decision of the U.S. District Court for the Southern District of New York granting a permanent injunction, which today's Second Circuit ruling has vacated, at this link.

Supporters of the lawsuit have created a web site devoted to the case. When the federal government's appeal was argued earlier this year at the Second Circuit, Matt Sledge of The Huffington Post had a report on the oral argument headlined "NDAA Indefinite Detention Provision Challenged In Federal Appeals Court." And shortly after the district court issued its injunction, law professor Steve Vladeck had a post at the "Lawfare" blog titled "Why Hedges v. Obama is Terribly Perplexing."
Posted at 11:02 AM by Howard Bashman



"Senate deal could affect recess appointment case": Mark Sherman of The Associated Press has this report.
Posted at 07:08 AM by Howard Bashman


Tuesday, July 16, 2013

"These Anti-Abortion Bills Are Outrageous: But do any have a real shot at being held up in court?" Emily Bazelon had this essay online at Slate last Thursday.
Posted at 09:16 PM by Howard Bashman


"California Hunger Strike Raises Issue of Force-Feeding on U.S. Soil": Christie Thompson of ProPublica has this report.
Posted at 09:14 PM by Howard Bashman


"McConnell Loses Filibuster Battle But He's Winning The War": Sahil Kapur of TPM DC has this report.
Posted at 09:10 PM by Howard Bashman


"New execution set for Warren Lee Hill": The Atlanta Journal-Constitution has this news update.

And online at msnbc, law professor Stephen Vladeck has a post titled "A reprieve for Warren Hill, but not the Supreme Court."
Posted at 09:05 PM by Howard Bashman



"Appeals Court Frees Marvel from Spider-Man Toy Deal; The inventor of a device that lets kids pretend they can shoot webs out of the palm of their hand loses the benefits of a licensing agreement he made in 2001": Eriq Gardner has this post at the "Hollywood, Esq." blog of The Hollywood Reporter.

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:24 PM by Howard Bashman



"Pa. Supreme Court turns aside another challenge to judge retirement mandate": The Patriot-News of Harrisburg, Pennsylvania has this report.

Today's ruling of the Supreme Court of Pennsylvania consists of a per curiam opinion and a concurring opinion.
Posted at 08:06 PM by Howard Bashman



"It's not just Clarence Thomas and Antonin Scalia: For all the talk about representation on the high court, SCOTUS has a bigger problem with women no one mentions." Marin Cogan has this essay today at Salon.com.
Posted at 08:02 PM by Howard Bashman


"Voting rights enforcers shift focus after Supreme Court defeat": David Ingram of Reuters has this report.
Posted at 06:58 PM by Howard Bashman


"How a Deal Came Together to Save the Filibuster (And Avert the 'Nuclear Option'): Small exchange on the most controversial nominees yields a deal, and preserves both sides' leverage for future fights." Chris Frates and Michael Catalini of National Journal have this report.
Posted at 04:27 PM by Howard Bashman


"Appeals Court Denies TV Network Bid to Re-Hear Aereo Case": Bloomberg News has this report.

The Los Angeles Times has a news update headlined "2nd Circuit Court of Appeals says it is done with Aereo."

The Hill has a blog post titled "Court denies broadcasters' appeal to shut down Aereo."

Variety reports that "Fox May Pursue Aereo Case to U.S. Supreme Court."

And at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Broadcasters Won't Get Second Shot at Aereo at Appeals Court; The Second Circuit turns down the broadcasters' petition for a rehearing before a full panel of judges."

You can access today's order of the U.S. Court of Appeals for the Second Circuit, and the dissent therefrom, at this link. As the order and the dissent demonstrate, there is still disagreement at the Second Circuit whether to follow the Federal Rules of Appellate Procedure's use of "en banc" in place of the Second Circuit's apparently preferred "in banc."
Posted at 01:24 PM by Howard Bashman



"Senators Reach Agreement to Avert Fight Over Filibuster": The New York Times has this news update.

And The Washington Post has a news update headlined "Senate reaches tentative deal to avert filibuster showdown."
Posted at 01:00 PM by Howard Bashman



"As Senate nears filibuster showdown, Reid says Republicans can still avoid fight": This article appears today in The Washington Post.

Today's edition of The New York Times contains a front page article headlined "Senate's Leader Sets Showdown Over Changes to Filibuster." The newspaper also contains an article headlined "Vacancies and Partisan Fighting Put Labor Relations Agency in Legal Limbo" and an editorial titled "A Step to Majority Rule in the Senate."

The Los Angeles Times reports that "Senate prepares for filibuster showdown; Citing frustration with GOP tactics, Democrats say they will move to end the minority party's ability to block the president's nominations for executive branch posts."

Politico.com reports that "Senate heads toward 'nuclear option.'"

Roll Call reports that "No Deal Yet on 'Nuclear Option' After Senate Joint Caucus."

The Hill reports that "Joint caucus meeting ends with no deal to avoid the nuclear option."

Bloomberg News has reports headlined "Senate Nears Showdown Nominee Votes as Leaders Seek Deal" and "Senators Weighing Rule Changes Ignore Chamber's History."

Reuters reports that "U.S. senators fail to cut deal, head for showdown on filibuster."

And The Associated Press reports that "Filibuster talks flag, Senate braces for showdown."
Posted at 08:42 AM by Howard Bashman



"Amid Falling Enrollment, Law Schools Are Cutting Faculty; Trims Send Grim Message to Elite Group Long Sheltered From Economy's Ups and Downs": Ashby Jones and Jennifer Smith have this article today in The Wall Street Journal.

You can freely access the full text of the article via Google News.
Posted at 08:27 AM by Howard Bashman



"9th Circuit says Miranda warning must be given in correct Spanish": Maura Dolan of The Los Angeles Times has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 08:24 AM by Howard Bashman


"Court due to make second trip down the aisle": Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this essay online at Reuters.
Posted at 08:22 AM by Howard Bashman


"HealthSouth Founder Richard Scrushy's Sentence Is Upheld": Bloomberg News has this report.

And Reuters reports that "Former HealthSouth CEO Scrushy's bribery conviction upheld."

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



"Guantanamo Detainee Begs to Be Charged as Legal Limbo Worsens": Jess Bravin has this front page article today in The Wall Street Journal.

He also has a second, related article in today's newspaper headlined "Guantanamo Frowned on John Grisham Books."
Posted at 08:09 AM by Howard Bashman



Monday, July 15, 2013

"Will the Supreme Court Mess with Texas? Because that's where the state's abortion bill is headed." Emily Bazelon has this essay online at Slate.
Posted at 11:44 PM by Howard Bashman


"Judge halts Georgia execution over injection issue": Reuters has this report.

And The Associated Press reports that "Ga. execution halted amid lethal injection concerns."

Earlier today online at The Atlantic, Andrew Cohen had an essay titled "The Warren Hill Execution: A Late Challenge Over Lethal-Injection Drug; Georgia has made the method by which it acquires pentobarbital a 'state secret,' which Hill's lawyers say raises questions about needless suffering and separation of powers."
Posted at 05:57 PM by Howard Bashman



"Snowden's surveillance leaks open way for challenges to programs' constitutionality": Jerry Markon of The Washington Post has a news update that begins, "The recent disclosure of U.S. surveillance methods is providing opponents of classified programs with new openings to challenge their constitutionality, according to civil libertarians and some legal experts."
Posted at 05:52 PM by Howard Bashman


"Why California won't build prisons to ease inmate overcrowding": David Siders had this front page article in yesterday's edition of The Sacramento Bee.

And today, the newspaper has a related blog post titled "Four ex-governors seek delay in inmate releases."
Posted at 05:47 PM by Howard Bashman



"Saying Senate Is 'Broken,' Reid Vows to Limit Filibuster": The New York Times has this news update.

The Washington Post has a news update headlined "As Senate nears filibuster showdown, Reid says Republicans can still avoid fight."

The Los Angeles Times has a news update headlined "Filibuster change needed to 'save the Senate,' Harry Reid says."

Politico.com reports that "No deal yet to stop 'nuclear option.'"

Alexander Bolton of The Hill has a report headlined "Reid gives GOP ultimatum: Relent on nominees or I will go 'nuclear.'"

Reuters reports that "Reid warns of using Senate 'nuclear option' on filibusters."

And The Associated Press has a report headlined "Filibuster fight: Senators scrapping over nominees."
Posted at 05:42 PM by Howard Bashman



"Gay marriage foes lose state Supreme Court plea to halt weddings": Howard Mintz of The San Jose Mercury News has this update.

Maura Dolan of The Los Angeles Times has a news update headlined "Prop. 8: California Supreme Court refuses to stop gay weddings."

Bloomberg News reports that "California High Court Refuses to Revive Gay Marriage Ban."

Dan Levine of Reuters reports that "California Supreme Court refuses to stop gay weddings in state."

And The Associated Press reports that "Calif. court declines to stop gay marriages."
Posted at 05:38 PM by Howard Bashman



"Roger J. Miner -- Dedication of NY Law Reading Room": Lance Wheeler posted this video Saturday online at YouTube.

Recently, New York Law School posted online the "Archival Collection of Judge Roger J. Miner: 1981-2012."
Posted at 01:33 PM by Howard Bashman



"Double Secret Surveillance": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 12:23 PM by Howard Bashman


"US appellate judge Boyce F. Martin Jr., of Louisville, retiring; Liberal penned opinions on Obamacare, bourbon": Andrew Wolfson has this front page article in today's edition of The Courier-Journal.
Posted at 12:21 PM by Howard Bashman


"The Withered Writ: Habeas corpus, the age-old way for prisoners to challenge their detention, has never been more restricted than it is now." Lincoln Caplan will have this article in the next print edition of The American Prospect.
Posted at 12:20 PM by Howard Bashman


"Guantanamo: 25 captives quit hunger strike since Ramadan." Carol Rosenberg of The Miami Herald has this report.

And in today's edition of The New York Times, Charlie Savage has an article headlined "15 Held at Guantanamo Are Said to Quit Hunger Strike."
Posted at 08:06 AM by Howard Bashman



"The Future of Same-Sex Marriage": This editorial appears today in The New York Times.
Posted at 08:00 AM by Howard Bashman


"Who Is Fnu Lnu? Unidentified Defendants Have Bedeviled Courts for Decades." Benjamin Weiser has this article today in The New York Times.
Posted at 07:51 AM by Howard Bashman


Sunday, July 14, 2013

"Lengthy prison sentences for juveniles under scrutiny; Appellate court upheld 60-year term for Dunbar attacker Jakaris Taylor": This article appears in today's edition of The South Florida Sun Sentinel.
Posted at 11:11 PM by Howard Bashman


"Life tenure no longer serves Supreme Court": Columnist Jeff Jacoby had this op-ed earlier this week in The Boston Globe.
Posted at 11:08 PM by Howard Bashman


"Supreme Court at odds with Obama, Congress; Decisions on voting rights, same-sex marriage and other cases reveal a split between the judicial and political branches; In the top case of the next term, someone has to win": Richard Wolf had this news analysis in Friday's edition of USA Today.
Posted at 11:07 PM by Howard Bashman


"Supreme Court ruling threatens to invalidate Kansas hard 50 sentences": This article appears today in The Wichita Eagle.
Posted at 11:05 PM by Howard Bashman


"Supreme Court to decide case on harm by porn; The decision on how actual harm is determined could mean the difference between a victim being compensated or getting nothing": Paula Reed Ward had this article in last Sunday's edition of The Pittsburgh Post-Gazette.
Posted at 11:04 PM by Howard Bashman


"Under the U.S. Supreme Court: Affirmative action living on the edge." Michael Kirkland of UPI has this report.
Posted at 08:14 PM by Howard Bashman


Saturday, July 13, 2013

Programming note: My very enjoyable visit to Seattle will be coming to an end on Sunday, when I will be spending most of the day traveling back to Philadelphia. Additional posts will appear here Sunday evening.
Posted at 11:50 PM by Howard Bashman


"Justice Department Urges Supreme Court to Reverse Ninth Circuit in Bauman v. DaimlerChrysler": John Bellinger had this post yesterday at the "Lawfare" blog.
Posted at 07:52 PM by Howard Bashman


"Highest-ranking convicted pirate loses appeal": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued yesterday.
Posted at 07:50 PM by Howard Bashman


"Prop. 8 backers ask court to stop weddings": Bob Egelko has this article today in The San Francisco Chronicle.

Maura Dolan of The Los Angeles Times reports today that "Prop. 8 supporters try again, this time with state Supreme Court; ProtectMarriage tries to stop gay weddings, saying the federal injunction against the same-sex marriage ban does not apply statewide."

Howard Mintz of The San Jose Mercury News reports that "Gay marriage foes try again to revive California's Proposition 8."

Today's edition of The Sacramento Bee contains an article headlined "Folsom attorney's petition seeks to stop same-sex marriages in California."

And at "SCOTUSblog," Lyle Denniston has a post titled "New test of California same-sex marriages."
Posted at 01:08 PM by Howard Bashman



"Court sides with critics of California legal aid group in fight over case files": Michael Doyle of McClatchy Washington Bureau has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued yesterday.

Unfortunately, the D.C. Circuit's ruling in this case yesterday is not currently available for download from that court's web site via the link assigned to the ruling. [Update: Thanks to the reader who emailed to advise that the decision can be accessed here.}
Posted at 12:50 PM by Howard Bashman



"U.S. court says biofuel producers must face carbon emissions rules": Reuters has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued yesterday.
Posted at 12:46 PM by Howard Bashman


Friday, July 12, 2013

"BP Gulf Spill Victims Challenge Economic-Loss Settlement": Bloomberg News has this report.
Posted at 07:45 PM by Howard Bashman


"Supreme Court affirms decision in Nelson v. Knight case": The Messenger of Fort Dodge, Iowa has a news update that begins, "The Iowa Supreme Court today has ruled that a Fort Dodge dentist did not discriminate against a fired employee because of her status as a woman."

The Des Moines Register has a news update headlined "Iowa Supreme Court out of touch with women's concerns, says Nelson's lawyer" that begins, "Iowa Supreme Court justices today gave Melissa Nelson more expansive reasoning but the same result, finding again in an opinion issued this morning that a Webster County dentist did not discriminate against Nelson when he fired her out of fear that her good looks might prompt him into an extramarital affair."

And at "On Brief: Iowa's Appellate Blog," Ryan Koopmans has a post titled "Iowa Supreme Court reaffirms that unfair terminations based on personal relationships are not illegal."

You can access today's ruling of the Supreme Court of Iowa at this link.
Posted at 07:33 PM by Howard Bashman



"Baby Veronica belongs with her adoptive parents": Christy Maldonado, the birth mother of Baby Veronica, has this essay online today at The Washington Post.
Posted at 07:23 PM by Howard Bashman


"How the Sequester Is Holding Up Our Legal System: Budget cuts caused by the sequester are already hindering the timely administration of justice -- and federal judges say a constitutional crisis may be on the horizon." Andrew Cohen has this essay online today at The Atlantic.
Posted at 07:22 PM by Howard Bashman


Thursday, July 11, 2013

"Employer health mandate upheld": At "SCOTUSblog," Lyle Denniston has this post on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 08:58 PM by Howard Bashman


"Reid, McConnell clash harshly over nominations": The Associated Press has a report that begins, "Triggering an unusually personal clash, Democrats threatened Thursday to change Senate rules unilaterally if Republicans block yes-or-no votes on several of President Barack Obama's top-level nominees, including some long in confirmation limbo."
Posted at 08:55 PM by Howard Bashman


"Full Sixth Circuit grants en banc review in Blewett": Douglas A. Berman has this post this evening at his "Sentencing Law and Policy" blog.
Posted at 08:47 PM by Howard Bashman


"Scalia V. Ginsburg: Supreme Court Sparring, Put To Music." Nina Totenberg had this audio segment on yesterday evening's broadcast of NPR's "All Things Considered."
Posted at 10:45 AM by Howard Bashman


"The Cost of Compromise": Linda Greenhouse had this post last night at the "Opinionator" blog of The New York Times.
Posted at 10:40 AM by Howard Bashman


Greetings from Seattle: Thanks to bad weather approaching the Philadelphia area yesterday evening, my arrival into Seattle last night was delayed until very late. Finally arrived to find what appear to be a great city and a great hotel, so today is already off to a very good start.
Posted at 10:38 AM by Howard Bashman


Wednesday, July 10, 2013

Programming note: As noted in this earlier post, I will be presenting an appellate oral argument on Friday before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in Seattle. Thanks so much to all of this blog's readers who responded to my earlier request for Seattle-related suggestions.

While I am on the road, new posts will appear here less frequently. In addition to continuing to visit this blog for those less frequent new posts while I am traveling, readers are also encouraged to visit "SCOTUSblog"; "The Volokh Conspiracy"; Michelle Olsen's "AppellateDaily" Twitter feed; "The BLT: The Blog of Legal Times"; and the "Trial Insider" blog, which despite its name offers timely coverage of the Ninth Circuit.
Posted at 01:25 PM by Howard Bashman



None of these plaintiffs has standing to challenge Nevada's "None of these candidates" voting option, three-judge Ninth Circuit panel holds: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 01:16 PM by Howard Bashman


"Catsimatidis on hook for $3.5M Gristedes-worker suit": The New York Post has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued yesterday.
Posted at 01:14 PM by Howard Bashman


"Mike Lee Slams Obama For Trying To Fill Judicial Vacancies": Sahil Kapur of TPM DC has this report.

You can access the video of today's Senate Judiciary Committee confirmation hearing for D.C. Circuit nominee Patricia Ann Millett by clicking here.
Posted at 01:02 PM by Howard Bashman



Tuesday, July 9, 2013

"Kluger's 12-Year Insider-Trading Term Upheld on Appeal": Bloomberg News has this report.

And Jonathan Stempel of Reuters reports that "Lawyer's record 12-year prison term for insider trading is upheld."

You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 11:50 PM by Howard Bashman



"Video Interview with Elena Kagan": Ilya Somin has this post tonight at "The Volokh Conspiracy."
Posted at 11:45 PM by Howard Bashman


"U.S. Senate unanimously approves Wyoming Attorney General Greg Phillips for judgeship": Today's edition of The Casper Star-Tribune contains an article that begins, "Wyoming Attorney General Greg Phillips sailed through his U.S. Senate confirmation on a unanimous 88-0 vote Monday to earn a seat on the U.S. 10th Circuit Court of Appeals based in Denver."

And today's edition of The Wyoming Tribune-Eagle of Cheyenne contains an article headlined "Wyoming AG confirmed as federal judge; President Obama picked state Attorney General Greg Phillips for a seat on 10th Circuit bench."
Posted at 11:36 PM by Howard Bashman



"Seeking death penalty in Boston case? A long road." Pete Yost of The Associated Press has an article that begins, "If the Obama administration tries for the death penalty against Boston Marathon bombing suspect Dzhokhar Tsarnaev, it could face a long, difficult legal battle in a state that hasn't seen an execution in nearly 70 years."
Posted at 11:26 PM by Howard Bashman


"After supplemental Blewett briefing, Sixth Circuit panel stands pat": Douglas A. Berman has this post today at his "Sentencing Law and Policy" blog.
Posted at 10:12 PM by Howard Bashman


"There's No Justice When the Spied-On Have No Voice": Online at Bloomberg View, law professor Noah Feldman has an essay that begins, "If you're not a U.S. Supreme Court junkie, you wouldn't know that the single topic that most exercised the justices in the decisions issued in late June was the arcane law of standing."
Posted at 09:50 PM by Howard Bashman


"Effects of Ruling on Same-Sex Marriage Start Rippling Out Through Government": This article will appear Wednesday in The New York Times.
Posted at 09:44 PM by Howard Bashman


"Senate Democrats set for decisive meeting on 'nuclear option'": Peter Schroeder of The Hill has a report that begins, "Senate Democrats will huddle Thursday to determine whether to trigger the 'nuclear option' to ram through nominees with a simple majority vote."
Posted at 09:37 PM by Howard Bashman


"Gay Rights Likely to Be 'Major Part' of Kennedy's Legacy": Tony Mauro of The National Law Journal has this report.
Posted at 08:54 PM by Howard Bashman


"Republicans accuse Obama of exceeding authority": The Associated Press has a report that begins, "In the courts of law and public opinion, congressional Republicans increasingly accuse President Barack Obama of exceeding his constitutional authority for the benefit of special interests, most recently by delaying a requirement for businesses to provide health care for their workers."
Posted at 08:44 PM by Howard Bashman


"General Assembly overrides governor's veto of concealed carry bill": The Chicago Tribune has a news update that begins, "Illinois today became the last state in the country to legalize the concealed carry of guns after both the House and Senate rejected Gov. Pat Quinn's attempt to rewrite the compromise bill."

And The Associated Press reports that "Illinois enacts nation's final concealed-gun law."
Posted at 08:40 PM by Howard Bashman



"Senate confirms Dorsey for federal judge post in Nevada": The Las Vegas Review-Journal has a news update that begins, "Las Vegas attorney Jennifer Dorsey survived a suggestion of scandal and won confirmation Tuesday to become a federal judge in Nevada. The Senate vote was 54-41."

You can access the U.S. Senate's official roll call vote tally at this link. It appears that only one Republican Senator voted in favor of confirmation.
Posted at 03:32 PM by Howard Bashman



"A Nuclear Summer? Filibuster Wars Return As Senate Considers Key Nominations." Sahil Kapur has this report online today at TPM DC.
Posted at 02:53 PM by Howard Bashman


"NY court finds NYC pistol licensing fees are legal": The Associated Press has a report that begins, "An appeals court says it's constitutional for New York City to charge a much higher application fee for a handgun permit than elsewhere in the state."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 02:03 PM by Howard Bashman



Access online today's adult entertainment ruling of the U.S. Court of Appeals for the Sixth Circuit: The decision can be accessed here.
Posted at 01:58 PM by Howard Bashman


"Father, other Oklahoma relatives file to adopt Baby Veronica as James Island couple seek adoption OK": The Post and Courier of Charleston, South Carolina contains this article today.
Posted at 01:52 PM by Howard Bashman


"House overrides governor's veto of concealed carry bill": The Chicago Tribune has this news update.
Posted at 01:50 PM by Howard Bashman


"Former judge admits flaws in secret court": The Associated Press has this report.

And yesterday, Alison Frankel's "On the Case" from Thomson Reuters News & Insight had a post titled "Do surveillance court's secret rulings violate U.S. Constitution?"
Posted at 11:03 AM by Howard Bashman



Monday, July 8, 2013

"Will the Supreme Court Make an 11th-Hour Intervention in Georgia? A mentally retarded man is scheduled to be executed next Monday, and he has an appeal pending to the Supreme Court, which is not in session." Andrew Cohen has this essay online at The Atlantic.
Posted at 10:38 PM by Howard Bashman


"The Myth of a Pro-Business SCOTUS: Commentators inaccurately condemn the five conservative justices as corporate shills." Law professor Richard A. Epstein has this essay online at the Defining Ideas site of the Hoover Institution.
Posted at 10:37 PM by Howard Bashman


"High Court Gives Ninth Circuit a Habeas Head-Scratcher": Scott Graham of The Recorder has this report.

My earlier coverage of last Wednesday's Ninth Circuit ruling appears at this link.
Posted at 10:35 PM by Howard Bashman



"State Supreme Court overturns $375K award for lost ocean view": MaryAnn Spoto of The Star-Ledger of Newark, New Jersey has this news update.

The Associated Press reports that "NJ court overturns award for view lost to dune."

And Bloomberg News reports that "New Jersey Court Rules Against Homeowners in Dune Dispute."

You can access today's ruling of the Supreme Court of New Jersey at this link.
Posted at 03:34 PM by Howard Bashman



"BP, plaintiffs' lawyers argue before 5th Circuit on challenge over oil spill payments": The Times-Picayune of New Orleans has this news update.

Bloomberg News reports that "BP to Urges Court to Reject Costly View of Oil Spill Deal."

And The Associated Press reports that "Appeals court hears BP challenge on spill claims."

You can access via this link (20.2 MB Windows Media audio file) the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit.
Posted at 03:27 PM by Howard Bashman



"Some 'disappointed' by Supreme Court's ruling on Indian adoptions": Cronkite News has this report.
Posted at 01:24 PM by Howard Bashman


"Meet The Chief Justice Of America's Secret Supreme Court: Judge Reggie Walton believes while 'we have an obligation to vigorously prosecute people, we don't do it at all costs'; But the 'fair but harsh' judge has overseen a breathtaking expansion of domestic surveillance in the United States." John Stanton has this article online at BuzzFeed.
Posted at 01:20 PM by Howard Bashman


"'As singular a failure as I've seen in the history of the Supreme Court'? McGinnis on Windsor, not Shelby County." Today at his "walshslaw" blog, law professor Kevin C. Walsh has a post that begins, "Even Totenberg nods."
Posted at 01:05 PM by Howard Bashman


"The Supreme Writer on the Court: The Case for Roberts." Ross Guberman has this guest blog post today at "The Volokh Conspiracy."
Posted at 01:03 PM by Howard Bashman


Sunday, July 7, 2013

"Privacy Group to Ask Supreme Court to Stop N.S.A.'s Phone Spying Program": James Risen will have this article in Monday's edition of The New York Times.
Posted at 10:04 PM by Howard Bashman


"Confirming Phillips for the Tenth Circuit": Law professor Carl Tobias has this op-ed online today at The Casper (Wyo.) Star-Tribune.

And in today's edition of The Sun Journal of Lewiston, Maine, Douglas Rooks has an op-ed entitled "Why is Susan Collins backing Grassley move on appeals court judges?"
Posted at 08:54 PM by Howard Bashman



"State abortion bills get national attention": Daniel Strauss has this blog post online at The Hill.
Posted at 08:42 PM by Howard Bashman


"BP to challenge oil spill settlement payments Monday in 5th Circuit": The Times-Picayune of New Orleans has this report.

And The Associated Press reports that "Appeals court to hear dispute over BP settlement."
Posted at 08:30 PM by Howard Bashman



"Under the U.S. Supreme Court: Out from under the Voting Rights Act." Michael Kirkland of UPI has this report.
Posted at 08:44 AM by Howard Bashman


Saturday, July 6, 2013

"2 years after immigration laws, Ga., Ala., stable": The Associated Press has this report.
Posted at 11:52 PM by Howard Bashman


"In Secret, Court Vastly Broadens Powers of N.S.A." Eric Lichtblau will have this front page article in Sunday's edition of The New York Times.
Posted at 10:24 PM by Howard Bashman


"Gay marriage ruling already in use in other cases": Mark Sherman of The Associated Press has this report.
Posted at 10:14 AM by Howard Bashman


"Guantanamo reports dip in number of hunger strikers": Carol Rosenberg of The Miami Herald has this report.

And in somewhat related news, The Ottawa Citizen reports today that "Omar Khadr assaulted at Edmonton prison."
Posted at 10:12 AM by Howard Bashman



Friday, July 5, 2013

"Young Murderers Await Legislature's Punishment Decision": Brandi Grissom of The Texas Tribune has this report.
Posted at 11:54 PM by Howard Bashman


"Is Ruth Bader Ginsburg too old to be a Supreme Court justice?" Michael McGough has this essay online today at The Los Angeles Times.
Posted at 11:48 PM by Howard Bashman


"U.S. defends secrecy of unique surveillance court": David Ingram of Reuters has a report that begins, "The Obama administration on Friday urged a secret U.S. court that oversees surveillance programs to reject a request by a civil liberties group to see court opinions used to underpin a massive phone records database."

And online at The Los Angeles Times, Michael McGough has an essay titled "We need a better way to pick FISA court judges."
Posted at 11:45 PM by Howard Bashman



"Federal judges side with Lexington again on Confederate flag ban; Three-judge panel agrees with U.S. District Court ruling that Lexington was within its rights to ban all non-government flag displays from city light poles": The Roanoke Times has this news update.

And The Associated Press reports that "Federal appeals court panel sides with Lexington ban on Confederate flags on city light poles."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 11:44 PM by Howard Bashman



"After Ruling, States Rush to Enact Voting Laws": Michael Cooper will have this article in Saturday's edition of The New York Times.
Posted at 11:40 PM by Howard Bashman


"The big enchilada: Are same-sex marriage bans now illegal? Parsing the Justices' words in United States v. Windsor." Roger Parloff of Fortune has this blog post today.
Posted at 03:55 PM by Howard Bashman


"Lending Discrimination Case at Supreme Court in Settlement Talks": Carter Dougherty of Bloomberg News has a report that begins, "The Township of Mount Holly, New Jersey, and a local citizens' group are seeking to settle a dispute now before the U.S. Supreme Court that threatens to undercut the Obama administration's crackdown on alleged discrimination in lending."
Posted at 03:00 PM by Howard Bashman


Access online the contents of the June 2013 issue of The Yale Law Journal: This issue is all about Gideon, and you can access it at this link.
Posted at 01:05 PM by Howard Bashman


"Did you know John Roberts is also chief justice of the NSA's surveillance state?" Ezra Klein has this entry today at The Washington Post's "Wonkblog."
Posted at 12:58 PM by Howard Bashman


"Power from the people: Does the Supreme Court's gay-marriage ruling threaten direct democracy?" This article appears in the July 6, 2013 issue of The Economist.
Posted at 12:55 PM by Howard Bashman


"Appeals court rules California healthcare limits invalid": Dan Levine of Reuters has a report that begins, "A federal appeals court on Friday ruled invalid a California law that eliminated coverage of some healthcare services for the poor, including adult dental, podiatry, optometry and chiropractic care."

Update: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 12:50 PM by Howard Bashman



"California convict gets another chance to escape death row": Michael Doyle of McClatchy Washington Bureau has this report.
Posted at 08:20 AM by Howard Bashman


"Whose Term Was It? A Look Back At The Supreme Court." Nina Totenberg had this audio segment on today's broadcast of NPR's "Morning Edition."
Posted at 08:16 AM by Howard Bashman


Thursday, July 4, 2013

"The Supreme Court's Libertarian Moment?" Ilya Shapiro has this blog entry online at The Huffington Post.
Posted at 12:04 PM by Howard Bashman


"Obama's new Guantanamo envoy begins work, tours detention center": Hannah Allam of McClatchy Washington Bureau has this report.
Posted at 11:05 AM by Howard Bashman


"F.D.A. Rule Could Open Generic Drug Makers to Suits": Today's edition of The New York Times contains an article that begins, "The Food and Drug Administration on Wednesday signaled its intention to permit generic drug makers to make changes to their safety labels, a move that could open the door to lawsuits against generic drug companies for the first time since a Supreme Court decision barred such suits two years ago."
Posted at 11:02 AM by Howard Bashman


"Death-penalty trials create big costs for taxpayers": Michael Kiefer has this article today in The Arizona Republic.
Posted at 11:00 AM by Howard Bashman


"In other words, a person can use a passport as conclusive evidence that she is a U.S. citizen only if she first proves that she is a U.S. citizen." So observes Circuit Judge D. Brooks Smith in his dissent from an interesting ruling that a three-judge panel of the U.S. Court of Appeals for the Third Circuit issued yesterday.
Posted at 10:46 AM by Howard Bashman


"Reversal Didn't Soothe Holdout Juror Qualms": Courthouse News Service has this report on a per curiam order, accompanied by two interesting concurring opinions, that a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday in a habeas case that returned to the Ninth Circuit on remand from the U.S. Supreme Court.

It is also worth noting that Chief Judge Alex Kozinski chose to have his concurring opinion appear after the concurring opinion of co-panelist Circuit Judge Stephen Reinhardt.
Posted at 10:42 AM by Howard Bashman



"Maryland's new chief judge lauded as forthright, diplomatic; Hampden woman went from schoolroom to courtroom": This front page article appears today in The Baltimore Sun.

And today's edition of The Washington Post contains an article headlined "Mary Ellen Barbera named first woman to head Maryland's highest court."
Posted at 10:32 AM by Howard Bashman



"Supreme Court's Ginsburg vows to resist pressure to retire": Joan Biskupic of Reuters has this report.
Posted at 10:25 AM by Howard Bashman


Wednesday, July 3, 2013

"U.S. Court of Appeals upholds Fruitland man's hate crime conviction": The Farmington (N.M.) Daily Times has a news update that begins, "A U.S. Court of Appeals upheld the hate crime conviction of a Fruitland man who participated in a branding of a mentally disabled Native American in Farmington in 2010."

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

At issue in the case was whether the U.S. Congress had the power to enact the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, which among other things makes it a felony to physically attack a person because of that person's race. The unanimous three-judge panel rejected the defendant's constitutional challenge, holding that "Congress rationally determined that racially motivated violence is a badge or incident of slavery against which it may legislate through its power to enforce the Thirteenth Amendment."
Posted at 11:00 PM by Howard Bashman



"Using Algorithmic Attribution Techniques to Determine Authorship in Unsigned Judicial Opinions": Last Sunday, the Stanford Technology Law Review posted online this article.

The article's syllabus begins, "This Article proposes a novel and provocative analysis of judicial opinions that are published without indicating individual authorship. Our approach provides an unbiased, quantitative, and computer scientific answer to a problem that has long plagued legal commentators."
Posted at 06:07 PM by Howard Bashman



"Housing discrimination case could settle before top court rules": Lawrence Hurley of Reuters has a report that begins, "For the second time in two years, a case before the U.S. Supreme Court that could limit housing discrimination claims might be resolved before the justices have a chance to rule on it."
Posted at 06:03 PM by Howard Bashman


Artwork relating to the U.S. Supreme Court's same-sex marriage related rulings in this week's issue of The New Yorker: You can access the cover of the July 8, 2013 issue at this link.

And Barry Blitt's "Sketchbook" shows Justice Antonin Scalia cleaning up after a party.
Posted at 05:42 PM by Howard Bashman



"Why Courts Matter: The Supreme Court in 2013." Yesterday, the Center for American Progress hosted this event, at which Tom Goldstein of "SCOTUSblog" fame served as moderator. You can now access the video of the event online at this link.
Posted at 05:26 PM by Howard Bashman


"Fourth Circuit overturns ruling on abortion signs; Decision sends case on unusual city law back to lower court": The Baltimore Sun has a news update that begins, "The U.S. Fourth Circuit Court of Appeals Wednesday overturned a lower court ruling striking down a Baltimore ordinance that required pregnancy clinics to post signs if they do not provide abortions."

My earlier coverage of today's en banc rulings of the U.S. Court of Appeals for the Fourth Circuit in two related cases can be accessed here.
Posted at 05:20 PM by Howard Bashman



"Execution date set for Warren Hill": The Atlanta Journal-Constitution has a news update that begins, "A Lee County judge has signed a warrant setting July 13 as a new execution date for Warren Hill, a mentally retarded man whose appeal is still pending before the U.S. Supreme Court."
Posted at 05:12 PM by Howard Bashman


"9th Circuit issues new order in Cebull complaint; Order becomes public in 63 days barring appeal": The Great Falls (Mont.) Tribune has a news update that begins, "Ninth Circuit Court of Appeals Chief Judge Alex Kozinski announced late Tuesday that a new final order has been issued in the misconduct complaints against former Montana Chief U.S. District Judge Richard Cebull."

You can access yesterday's "Statement by Chief Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit" at this link.
Posted at 04:15 PM by Howard Bashman



"Appeals court sends 1 Md pregnancy center case back to trial court, affirms ruling in 2nd case": The Associated Press has a report that begins, "A divided federal appeals court in Virginia is breathing new life into a Baltimore ordinance requiring anti-abortion counseling centers to post certain disclaimers."

Today, the en banc U.S. Court of Appeals for the Fourth Circuit issued separate rulings in two related cases, and you can access those rulings here and here. It is interesting to note that Circuit Judge J. Harvie Wilkinson III dissented from the first ruling but concurred in the second.
Posted at 03:40 PM by Howard Bashman



"California's top-two primary system upheld by federal court ": The Central Valley Business Times has this report.

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Election Law Withstands Constitutional Attack."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 03:22 PM by Howard Bashman



"Women to lead state's highest court; Barbera named chief judge, Watts appointed to top court": The Baltimore Sun has an article that begins, "Maryland achieved several milestones Tuesday as Gov. Martin O'Malley named the first woman to lead what will be the first female majority on the state's top court." The newspaper also has a related blog post titled "New top female judges offer first thoughts; Barbera, Watts acknowledge historic nature of appointments to top court." [Update: The newspaper has also posted online a related editorial titled "Women of the court: With latest appointments, women rise to majority on the Maryland Court of Appeals, so when will the rest of the legal profession catch up?"]

And in other coverage, The Washington Post has a news update headlined "O'Malley picks more conservative chief judge for Maryland."
Posted at 03:11 PM by Howard Bashman



"The Supreme Court's LGBT Catch-22: For advocates, the DOMA decision was a huge win -- but the Voting Rights Act decision could be a major setback for gay rights." Aisha C. Moodie-Mills has this essay online at The Atlantic.
Posted at 02:00 PM by Howard Bashman


"A Marquee Supreme Court Property Rights' Decision Nearly Goes Unnoticed": Robert Bridges has this essay online at Forbes.com.
Posted at 01:58 PM by Howard Bashman


"Brett Gibbs flips, backs sanctions against former Prenda Law colleagues; Porn trolling saga gets -- if possible -- even weirder": Joe Mullin of of Ars Technica has this report today.
Posted at 01:55 PM by Howard Bashman


"U.S. Postal Service Logging All Mail for Law Enforcement": This article will appear in Thursday's edition of The New York Times.
Posted at 01:54 PM by Howard Bashman


"Attorney for Pennsbury bus accident victim Ashley Zauflik asks Commonwealth Court to remove cap on government liability": On March 21, 2013, BucksLocalNews.com of Bucks County, Pennsylvania had a report that begins, "A case before the state's Commonwealth Court involving a Pennsbury student injured in a bus accident in 2007 could have implications on municipal and school district entities throughout the state."

Today, the majority on a divided three-judge panel of the Commonwealth Court of Pennsylvania issued a ruling affirming the trial court's reduction of the jury's verdict from $14,036,263.39 to $500,000 pursuant to the damages cap.
Posted at 01:18 PM by Howard Bashman



"FISA Court Judge Reflects: After Sept. 11, 'Bloodcurdling Meetings And Briefings.'" Carrie Johnson of NPR has this report today.
Posted at 11:34 AM by Howard Bashman


"Courts Can't Agree on Whether Cops Can Track Your Cell Without a Warrant": David Kravets has this post today at Wired.com's "Threat Level" blog.

And on Monday, Bennett Stein of the ACLU's Speech, Privacy and Technology Project had a post at that organization's "Free Future" blog titled "Fighting a Striking Case of Warrantless Cell Phone Tracking" that begins, "The Fourth Circuit Court of Appeals is currently considering a case that could be pivotal in determining whether the government needs a warrant to track your cell phone."
Posted at 11:00 AM by Howard Bashman



"Scholar Joins Scrum on Claims Construction Standard": Scott Graham of The Recorder has an article that begins, "When Berkeley attorney Andrew Dhuey sought to drum up amicus curiae support for overturning a key Federal Circuit ruling on claim construction, his opponent accused him of making a frivolous argument."
Posted at 10:57 AM by Howard Bashman


"In Case of Big Yale v. Tiny Yale, Victor Kept the Name": This article appears today in The New York Times.
Posted at 10:54 AM by Howard Bashman


"Court upholds parents' convictions in prayer death": The Associated Press has a report that begins, "A mother and father who prayed instead of seeking medical help as their daughter died in front of them were properly convicted of homicide, the Wisconsin Supreme Court ruled Wednesday."

And Reuters reports that "Wisconsin court upholds parents' convictions in prayer death."

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



"Washington Post-ABC poll shows support for Supreme Court rulings on gay marriage": Robert Barnes and Scott Clement of The Washington Post have this report today.
Posted at 10:46 AM by Howard Bashman


Tuesday, July 2, 2013

Small town news: The Herald of Rock Hill, South Carolina reports today that "Attorney from Fort Mill admitted to U.S. Supreme Court."

And The Daily Telegram of Adrian, Michigan reports that "Clinton teacher attends Supreme Court Institute."
Posted at 07:54 PM by Howard Bashman



"Supreme Court justices as celebrities: injudicious?" Michael McGough has this essay online today at The Los Angeles Times.
Posted at 07:48 PM by Howard Bashman


"The 2nd Circuit splits with 10th on tolling time bar in securities cases": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 06:28 PM by Howard Bashman


"Colonel Mustard, Tommy Tutone & Some Old Pilgrim: The Supreme Court Term in Review." Keith Jaasma has this post today at his new blog, "Obscure Footnotes: The Supreme Court and whatnot."
Posted at 06:27 PM by Howard Bashman


"Supreme Court Reporters on Supreme Court Term": C-SPAN has posted online the video of this program -- conducted earlier today in Washington, D.C. -- at this link.
Posted at 06:12 PM by Howard Bashman


Access online, on-demand the video of today's program titled "Supreme Court Review 2013" held earlier today at the National Constitution Center in Philadelphia: You can view the video -- featuring Jeffrey Rosen, Erwin Chemerinsky, Frederick M. Lawrence, and Lyle Denniston -- by clicking here.
Posted at 04:30 PM by Howard Bashman


"Judge Dismisses Suit Filed by Supreme Court 'Occupy' Protester": At "The BLT: The Blog of Legal Times," Tony Mauro has this post about a ruling that the U.S. District Court for the District of Columbia issued today.
Posted at 04:22 PM by Howard Bashman


"Chief Justice Roberts Is Awesome Power Behind FISA Court": Ezra Klein has this essay online today at Bloomberg View.
Posted at 04:17 PM by Howard Bashman


"Reporter: In Court Rulings, Roberts Takes Long-Term Approach." Today's broadcast of NPR's "Fresh Air" contained this audio segment featuring Adam Liptak of The New York Times.
Posted at 03:15 PM by Howard Bashman


"Ruling Might Also Ease the Way for Same-Sex Divorces": This article will appear in Wednesday's edition of The New York Times.
Posted at 03:08 PM by Howard Bashman


"The Rule of Law on the Move: Challenges and Disasters." Via YouTube, you can now access online, on demand at this link the video of law professor Noah Feldman's interview earlier today of Justice Stephen G. Breyer at the The Aspen Institute's Aspen Ideas Festival.
Posted at 02:44 PM by Howard Bashman


"Triumph of the Homosexual Agenda": The new installment of Tom Tomorrow's "This Modern World" comic strip can be accessed here.
Posted at 01:30 PM by Howard Bashman


"You May Not Like Weev, But Your Online Freedom Depends on His Appeal": Hanni Fakhoury of the Electronic Frontier Foundation has this essay online today at Wired. Last night, I linked to the Brief for Appellant filed yesterday in this matter in the U.S. Court of Appeals for the Third Circuit.
Posted at 10:48 AM by Howard Bashman


"Justice for Big Business": Law professor Erwin Chemerinsky has this op-ed today in The New York Times.
Posted at 08:56 AM by Howard Bashman


Monday, July 1, 2013

"Federal appeals court: Alabama discriminates against railroads in payment of state fuel tax." The Birmingham News has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 11:58 PM by Howard Bashman


"Appellant's Brief Filed in United States v. Auernheimer": Orin Kerr has this post tonight at "The Volokh Conspiracy." You can access the brief at this link.
Posted at 11:50 PM by Howard Bashman


"Ignoring the facts in a character attack of Justice Alito": This letter to the editor appeared recently in The Washington Post.
Posted at 11:48 PM by Howard Bashman


"What's Left? Have progressives abandoned every cause save gay marriage?" Law professor Barry Friedman and Dahlia Lithwick have this jurisprudence essay online at Slate.
Posted at 11:44 PM by Howard Bashman


"The Chief Justice Wants the Supreme Court to Stop Talking So Much; What an off-the-cuff comment by John Roberts says about the level of transparency in the judiciary, and how -- slowly -- it may be starting to change": Andrew Cohen has this essay online today at The Atlantic.
Posted at 11:42 PM by Howard Bashman


"Shutdown of NLRB asked": Lyle Denniston has this post tonight at "SCOTUSblog."

And at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Cablevision Petitions Supreme Court Over Labor Dispute; James Dolan's company says that the Obama Administration bypassed Congress in order to stack the National Labor Relations Board in favor of 'Big Labor.'"
Posted at 11:40 PM by Howard Bashman



"Lawyers ask judges to halt Guantanamo forced-feedings": Carol Rosenberg of The Miami Herald has this report.
Posted at 11:36 PM by Howard Bashman


"SCOTUS's Prop 8 ruling will complicate ballot initiative process": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 08:24 PM by Howard Bashman


"What Paula Deen Could Teach John Roberts: One week, two visions of Southern progress." Chuck Thompson has this essay online today at The New Republic.
Posted at 08:22 PM by Howard Bashman


Access online Gibson Dunn's Supreme Court Business Round-Up: You can access the report, issued today, at this link.
Posted at 08:05 PM by Howard Bashman


"How Not to Misunderstand Scalia": Law professor Cass R. Sunstein has this essay online today at Bloomberg View.
Posted at 07:08 PM by Howard Bashman


"EPA wants Supreme Court to take case dealing with timing of suits challenging regulations": Jeremy P. Jacobs of Greenwire has this report today.
Posted at 06:12 PM by Howard Bashman


"Are the Liberal Justices Savvy or Suckers? They are playing to beat John Roberts at his long game." Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this jurisprudence essay online today at Slate.
Posted at 06:09 PM by Howard Bashman


"Appeals court won't reverse three insider trading cases": Nate Raymond of Reuters has this report.

Bloomberg News reports that "Ex-Galleon Trader Zvi Goffer's 10-Year Sentence Is Upheld."

And The Associated Press reports that "Court in NYC upholds insider trading conviction."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 01:54 PM by Howard Bashman



"New York Times Supreme Court Columnist Adam Liptak On John Roberts' Long Game": Hugh Hewitt has posted online at this link the transcript of his recent interview with Adam Liptak, U.S. Supreme Court correspondent for The New York Times.

In last Friday's newspaper, Liptak had a front page news analysis headlined "Roberts Pulls Supreme Court to the Right Step by Step."
Posted at 01:50 PM by Howard Bashman



"Bound Together on the Court, but by Beliefs, not Gender": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 01:30 PM by Howard Bashman


Access online this year's installment of MoloLamken LLP's "Supreme Court Business Briefing": The report, issued today, can be accessed here.
Posted at 01:22 PM by Howard Bashman


"Supreme Court Names New Clerk": Tony Mauro has this post at "The BLT: The Blog of Legal Times."

And at "SCOTUSblog," Lyle Denniston has a post titled "New Court clerk named."

Today, the U.S. Supreme Court issued a news release titled "Scott Harris named Clerk of the Supreme Court of the U.S."
Posted at 01:16 PM by Howard Bashman



"From Aspen: Justice Kagan calls surveillance cases 'growth industry.'" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report. Additional coverage can be accessed here and here.
Posted at 12:58 PM by Howard Bashman


"SCOTUSblog founder shares tips for business development and marketing": Today, the ABA Journal has posted online this podcast featuring Tom Goldstein.
Posted at 11:17 AM by Howard Bashman


"U.S. court throws out Google digital books class status": Jonathan Stempel of Reuters has this report.

Bloomberg News reports that "Google Books Plaintiffs Lose Class Status Over Fair Use."

And The Associated Press has a report headlined "Court: No class-action status in Google book case."

You can access today's per curiam ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 11:00 AM by Howard Bashman



Thanks to the Ninth Circuit, it's nearly time for me to skedaddle to Seattle: Late next week, I am scheduled to make my first Ninth Circuit oral argument, before a three-judge panel consisting of Senior Circuit Judge Andrew J. Kleinfeld and Circuit Judges Milan D. Smith, Jr. and N. Randy Smith.

The oral argument will take place at the William K. Nakamura U.S. Courthouse (poster available) in Seattle, Washington, enabling me to make my first visit to Seattle. My son, who departs for his first year of college this fall, will be joining me, but sadly my wife is unable to attend, because she has some preexisting work-related commitments that require her to be elsewhere.

Before I visited New Orleans in March 2009, I asked readers of this blog for recommendations of things to do, places to visit, and restaurants, and this blog's readers provided me with so very many great recommendations and ideas. Because Seattle, in addition to being a very nice place to visit, is also quite far away, I'm planning to arrive a couple of days early and head home a couple of days after the oral argument. That will enable us not only to see the Seattle Mariners host the Los Angeles Angels of Anaheim, but it will also leave other free time to visit the city and have some fun.

Readers who wish to offer recommendations of places to eat and/or things to do and places to visit in Seattle are invited to forward those suggestions to me at this blog's email address. Thank you!
Posted at 10:54 AM by Howard Bashman



"Ginsburg, Thomas spar over race; court likely to get more affirmative-action cases": Robert Barnes has this new installment of his "The High Court" column in today's edition of The Washington Post.
Posted at 10:30 AM by Howard Bashman


"UC programs in lieu of affirmative action show limited success; UC has struggled to enroll more blacks and Latinos since a state ban on race-based admissions, an issue central to a recent Supreme Court case": This article appears today in The Los Angeles Times.
Posted at 08:56 AM by Howard Bashman


"Supreme Court 'carjacked the nation' with same-sex rulings, Perkins says": The CBS News program "Face the Nation" has this report.
Posted at 08:54 AM by Howard Bashman


"Court's struggle: Consensus vs. polarized rulings." Law professor Jeffrey Rosen has this op-ed today in The Philadelphia Inquirer.

On Saturday at The Aspen Institute's Aspen Ideas Festival, Rosen interviewed Justice Elena Kagan. You can view the interview online at YouTube by clicking here. And in a related post, yesterday at his blog "Hercules and the Umpire," Senior U.S. District Judge Richard G. Kopf had a post titled "Justice Kagan's must read blog."
Posted at 08:50 AM by Howard Bashman



In the July 8, 2013 issue of The New Yorker: Jeffrey Toobin has a "The Talk of the Town" comment titled "Adieu, DOMA: The political roots of marriage equality."

And Louis Menand has "A Critic at Large" essay titled "The Color of Law: Voting rights and the Southern way of life."
Posted at 08:40 AM by Howard Bashman



"Only lawyers now can argue before Supreme Court": The Associated Press has this report.
Posted at 08:37 AM by Howard Bashman






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