How Appealing

Monday, September 30, 2013

"First Circuit Court affirms validity of Providence anti-tobacco laws": The Providence (R.I.) Journal has this news update reporting on a ruling that the U.S. Court of Appeals for the First Circuit issued today.
Posted at 10:50 PM by Howard Bashman


"Christie Wants State's Top Court To Block Gay Marriage Ruling": This article will appear in Tuesday's edition of The New York Times.

And The Star-Ledger of Newark, New Jersey reports that "Christie seeks to delay start date for same-sex marriages."
Posted at 10:22 PM by Howard Bashman



"Dignity in Windsor, at the VC and in NJ": Law professor Kevin C. Walsh has this post today at his blog, "walshslaw."
Posted at 05:47 PM by Howard Bashman


"Opening Third Circuit Brief in Thorpe v. Borough of Jim Thorpe": Matthew L.M. Fletcher has this post today at the "Turtle Talk" blog providing access to the Borough's Brief for Appellant filed one week ago today.
Posted at 05:46 PM by Howard Bashman


"The Supremes are back, and another docket of big cases looms": Michael Doyle of McClatchy Washington Bureau has this report.
Posted at 05:20 PM by Howard Bashman


"3rd Circuit is trying to kill consumer class actions: new en banc brief." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 05:16 PM by Howard Bashman


"The Next Citizens United? The campaign finance case at the Supreme Court next week will be big -- or huge." Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this jurisprudence essay online at Slate.
Posted at 02:53 PM by Howard Bashman


"Al Bahlul Argument Post-Mortem": Jennifer Daskal and Steve Vladeck have this post at the "Just Security" blog.

Update: The Associated Press reports that "Judges weigh whether to toss terror conviction."

David Ingram of Reuters reports that "U.S. tries to salvage case against bin Laden's publicist."

At "The BLT: The Blog of Legal Times," Zoe Tillman has a post titled "D.C. Circuit Hears Guantanamo Detainee Challenge."

And at "SCOTUSblog," Lyle Denniston has a post titled "New limit on war crimes trials?"

You can access the audio of today's en banc oral argument via this link (31.8 MB mp3 audio file).
Posted at 02:00 PM by Howard Bashman



"Oral Argument Preview: NYT & ACLU v. United States." Today at the "Lawfare" blog, Matt Danzer has this preview of a case scheduled for oral argument tomorrow afternoon at the U.S. Court of Appeals for the Second Circuit before a panel consisting of Circuit Judges Jose A. Cabranes and Rosemary S. Pooler and Senior Circuit Judge Jon O. Newman.
Posted at 01:55 PM by Howard Bashman


"Kathleen Kane's Gay Marriage Mutiny: How a tough chick from Scranton became Pennsylvania's Attorney General -- and Tom Corbett's worst nightmare." Patrick Kerkstra has this article in the October 2013 issue of Philadelphia magazine.
Posted at 12:03 PM by Howard Bashman


Dissenters from en banc Fifth Circuit ruling ridicule majority's holding with a make-believe memo titled "Etiquette for Ironworkers": You can access last Friday's en banc ruling of the U.S. Court of Appeals for the Fifth Circuit in EEOC v. Boh Brothers Const Co. at this link. The memo appears at page 58 of the decision, as an attachment to the dissent of Circuit Judge Edith H. Jones.

This morning at the ABA Journal's "Law News Now" blog, Debra Cassens Weiss has a post about the en banc ruling titled "Harassed for being unmanly? En banc court sees Title VII violation; dissent sees clean-talk enforcer."
Posted at 11:11 AM by Howard Bashman



"Robin Rosenbaum being vetted for 11th Circuit": David Oscar Markus has this post today at his "Southern District of Florida Blog."
Posted at 10:35 AM by Howard Bashman


"Politics the spoiler: A judge's success story is rebuffed by a senator." This editorial appears today in The Pittsburgh Post-Gazette.
Posted at 10:28 AM by Howard Bashman


"Newly Declassified Documents Show How the Surveillance State was Born": Law professor Jeffrey Rosen has this essay online at The New Republic.
Posted at 10:20 AM by Howard Bashman


"Birth Control Rule Reaches High Court": John Gramlich and Melissa Attias have this article in CQ Weekly.
Posted at 10:14 AM by Howard Bashman


"Freedom of Information: A British newspaper wants to take its aggressive investigations global, but money is running out." Ken Auletta has this article about The Guardian (UK) in the October 7, 2013 issue of The New Yorker.
Posted at 08:42 AM by Howard Bashman


"U.S. Supreme Court meets to consider hearing Argentina bonds case": Lawrence Hurley of Reuters has this report.
Posted at 08:36 AM by Howard Bashman


"Lord Hodge joins UK Supreme Court as new Scottish Justice": The Supreme Court of the United Kingdom issued this news release today.
Posted at 08:25 AM by Howard Bashman


Access blog previews of today's en banc D.C. Circuit oral argument in Ali Hamza Ahmad al Bahlul v. United States: At 9:30 a.m. today, the U.S. Court of Appeals for the D.C. Circuit is scheduled to hold an en banc reargument in the Al-Bahlul case.

Yesterday at the "Lawfare" blog, Steve Vladeck had a post titled "Handicapping al Bahlul."

In addition, Raffaela Wakeman had a post titled "Oral Argument Preview: Al-Bahlul v. United States."

And last Friday at the "Just Security" blog," Jennifer Daskal had a post titled "Preview -- Al Bahlul in the D.C. Circuit: The Fate of Military Commissions at Guantanamo."

In addition, Marty Lederman had a post titled "The Other, Lurking Constitutional Question in al-Bahlul."

Once the en banc oral argument audio becomes available online, I will link to it.
Posted at 08:20 AM by Howard Bashman



"Verrilli Scores Well at Supreme Court Despite Questions": Kenneth Jost had this post yesterday at his blog, "Jost On Justice."
Posted at 08:09 AM by Howard Bashman


"Kennedy '77 discusses benefits of 'positive' discrimination in new book on affirmative action": This article appears today in The Daily Princetonian.
Posted at 08:07 AM by Howard Bashman


"Lawyers Olson and Boies want Virginia as same-sex marriage test case": Robert Barnes has this article today in The Washington Post.
Posted at 08:05 AM by Howard Bashman


Sunday, September 29, 2013

"Political giving tops U.S. Supreme Court's docket": Bob Egelko will have this article in Monday's edition of The San Francisco Chronicle.
Posted at 10:42 PM by Howard Bashman


"Longtime litigator's aviation specialty will land him before U.S. Supreme Court; Longtime litigator Donald Chance Mark has an aviation specialty that soon will land him before the U.S. Supreme Court": Monday's edition of The Minneapolis Star Tribune will contain this article.
Posted at 10:37 PM by Howard Bashman


"Birth Control and a Boss's Religious Views": This editorial will appear in Monday's edition of The New York Times.
Posted at 10:18 PM by Howard Bashman


"Under the U.S. Supreme Court: Contraception mandate reaches justices." Michael Kirkland of UPI has this report.
Posted at 09:35 AM by Howard Bashman


Saturday, September 28, 2013

"Lobbyist who wrote book about Justice Scalia might need his help; The Supreme Court may consider an appeal of a bribery conviction from Kevin Ring, a lobbyist who wrote a book about Justice Antonin Scalia": David G. Savage will have this article in Sunday's edition of The Los Angeles Times.
Posted at 10:46 PM by Howard Bashman


"Court to remain open -- for now": Lyle Denniston has this post tonight at "SCOTUSblog."
Posted at 10:35 PM by Howard Bashman


"Inside the fall of BlackBerry: How the smartphone inventor failed to adapt." Today's edition of The Toronto Globe and Mail contains this very lengthy front page article.
Posted at 10:30 PM by Howard Bashman


"Climate data case in state Supreme Court may affect FOIA": Today's edition of The Daily Progress of Charlottesville, Virginia contains a front page article that begins, "Efforts by a conservative group to gain access to data and emails used by a former University of Virginia researcher who studied climate change could change legal interpretations of the state's freedom of information laws."
Posted at 10:24 PM by Howard Bashman


"U.S. Supreme Court Justice Antonin Scalia to Deliver Tufts University's Snyder Lecture": Tufts University issued this news release earlier this week. The lecture will occur on the afternoon of Wednesday, October 2, 2013.
Posted at 10:20 PM by Howard Bashman


"Gay Marriage Patchwork Seen as Courts Wrestle With Ruling": Bloomberg News has this report.
Posted at 08:46 PM by Howard Bashman


"Fourth Circuit Judge Andre Davis to Take Senior Status": Steve Klepper has this post today at the "Maryland Appellate Blog."
Posted at 07:51 PM by Howard Bashman


Finding an appellate angle at today's sixth annual Duffy + Partners Hangar Party: It's "Briefing Time."
Posted at 07:46 PM by Howard Bashman


Friday, September 27, 2013

The Supreme Court of Canada today issued two rulings in cases involving drug sniffing dogs: You can access the rulings here and here.

In early coverage, The Toronto Globe and Mail has a news update headlined "Supreme Court allows wider use of police 'sniffer dogs.'"

And The Toronto Star has a news update headlined "Supreme Court stands by rules on sniffer dog searches; The Supreme Court has upheld the actions of police officers who acted on 'reasonable suspicion' to deploy police dogs to search for drugs."
Posted at 10:52 PM by Howard Bashman



"Supreme Court decides not to weigh in on decision to force Star to name anonymous commenter": The Indianapolis Star has a news update that begins, "The Indiana Supreme Court has changed its mind and decided not to get involved in a long-running fight over whether The Indianapolis Star must reveal the identity of an anonymous commenter on the newspaper's website."

Additional coverage is available from "The Indiana Law Blog."
Posted at 10:44 PM by Howard Bashman



"If You Thought Citizens United Was Bad, Wait for This Supreme Court Case; A Supreme Court ruling in favor of Shaun McCutcheon would set the stage for totally eliminating remaining campaign-finance laws": Norm Ornstein has this essay online at The Atlantic.
Posted at 09:32 PM by Howard Bashman


"Supreme Court asked to revisit Arizona abortion ruling": Michael Kiefer of The Arizona Republic has this news update.
Posted at 09:27 PM by Howard Bashman


"Education, Justice Depts. Issue Race Guidance After Fisher": Mark Walsh has this post today at the "School Law" blog of Education Week.
Posted at 04:33 PM by Howard Bashman


"Justices to consider review of EPA greenhouse gas rules": Jeremy P. Jacobs of Greenwire has this report.
Posted at 04:32 PM by Howard Bashman


Ninth Circuit orders State of California to file responses to petitions for rehearing en banc seeking further review of lawsuits challenging California law banning gay conversion therapy: You can access yesterday's Ninth Circuit orders here and here. And you can view the rehearing petitions here and here.

My earlier coverage of last month's Ninth Circuit's ruling in these cases can be accessed here.
Posted at 01:50 PM by Howard Bashman



"Lawsuit filed to block Texas abortion law": Chuck Lindell of The Austin American-Statesman has this news update.

And Bloomberg News reports that "Texas Sued by Planned Parenthood Over Abortion Law."
Posted at 01:37 PM by Howard Bashman



"Administration: Colleges should seek diversity." The Associated Press has a report that begins, "The Obama administration told colleges and universities Friday they can continue to use admissions to increase diversity among their students, even in the wake of a Supreme Court ruling that could potentially open the door to more challenges."
Posted at 01:32 PM by Howard Bashman


"Russian arms dealer Viktor Bout's U.S. conviction upheld": Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 01:28 PM by Howard Bashman


"Srinivasan Welcomed in his 'Third Home in the Law'": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."

And in related news, The Lawrence (Kan.) Journal-World reports that "Lawrence High School alumni inducting four into Hall of Honor."
Posted at 12:12 PM by Howard Bashman



Hours after Second Circuit's reversal of criminal sentence imposed in a child pornography case, Senior U.S. District Judge Jack B. Weinstein fires back: Yesterday I had this post reporting on yesterday's Second Circuit ruling.

Hours after the ruling, Senior U.S. District Judge Jack B. Weinstein -- the sentencing judge in the case -- issued this remarkable opinion bemoaning the Second Circuit's decision.

Today's edition of The New York Daily News contains an article reporting on yesterday's developments that begins, "Spare this perv, the Bible commands it. That was the bizarre argument made Thursday by a Brooklyn Federal Court judge scolded for giving a convicted child porn distributor and admitted molester a slap on the wrist."
Posted at 09:22 AM by Howard Bashman



"Utah judge recounts his time on secret surveillance court; Dee Benson, who served on the Foreign Intelligence Surveillance Court for 7 years, says warrants weren't just rubber-stamped": This article appears today in The Salt Lake Tribune.
Posted at 09:08 AM by Howard Bashman


"The Supreme Court's Hands Aren't Clean in Our National Nightmare; The judicial branch may look like the only functional one, but it has played a crucial role in bringing the nation to its present polarized state": Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 09:06 AM by Howard Bashman


"Marco Rubio Blocks Gay Black Judge's Nomination To Federal Bench, Puzzling Everyone": Jennifer Bendery of The Huffington Post has this report.
Posted at 08:57 AM by Howard Bashman


"Chevron Argues Against Judge Switch in Case Over Ecuador": Bloomberg News has this report.
Posted at 08:51 AM by Howard Bashman


Thursday, September 26, 2013

"A fight over Lee Harvey Oswald's grave marker heads to an appellate court": John Council has this post today at the "Tex Parte Blog" of Texas Lawyer.
Posted at 10:28 PM by Howard Bashman


"New judge Sri Srinivasan joins U.S. Court of Appeals in D.C." Friday's edition of The Washington Post will contain an article that begins, "Former Justice Department official Sri Srinivasan was formally sworn in Thursday as the newest member of the influential U.S. Court of Appeals for the District of Columbia Circuit."
Posted at 10:25 PM by Howard Bashman


"Perry names Houston justice to Supreme Court": Chuck Lindell of The Austin American-Statesman has this news update. You can view the appointment announcement at this link.
Posted at 07:20 PM by Howard Bashman


"Appeals court reverses light sentence given to Queens child porn perv and admitted molester; Judge Jack Weinstein handed Corey Reingold a scant 30-month sentence in June 2011 even though the mandatory minimum under the law was five years": The New York Daily News has this update reporting on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 03:08 PM by Howard Bashman


"A Newly Released Secret Opinion Shows Surveillance Courts Are Even Worse Than You Knew": Law professor Jeffrey Rosen has this essay online at The New Republic.
Posted at 02:22 PM by Howard Bashman


"Supreme Court Preview Provides Insight on New Court Cases": Georgetown Law has posted online this report.

And by clicking here, you can access the video of the "Supreme Court Term Preview Press Briefing" that Georgetown Law recently hosted.
Posted at 02:20 PM by Howard Bashman



"Back at Harvard Law, Justice Kagan reflects": Harvard Law School has posted online this report (with video).
Posted at 02:16 PM by Howard Bashman


"Republicans Tap New Talent to Argue Key Campaign Case": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 02:14 PM by Howard Bashman


In Bashman news from Australia: The Gold Coast Bulletin of Queensland, Australia reports today that "Bandits bash man, steal wallet and phone."
Posted at 02:10 PM by Howard Bashman


"Obama climate agenda faces Supreme Court reckoning": Lawrence Hurley and Valerie Volcovici of Reuters have this news analysis.
Posted at 02:00 PM by Howard Bashman


Programming note: Due to a meeting out of the office this morning with co-counsel on a pending appeal, additional posts will not appear here until this afternoon.
Posted at 08:02 AM by Howard Bashman


"Court Sends Darvocet Class Cases Back to State Court": At her "Trial Insider" blog, Pamela A. MacLean has this post on the ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued Tuesday.
Posted at 08:00 AM by Howard Bashman


Wednesday, September 25, 2013

"HLS Professor Chairing Email Privacy Policy Task Force Nominated to U.S. Appeals Court": This article appears today in The Harvard Crimson.
Posted at 09:30 PM by Howard Bashman


"Baby Veronica case: Compensation reportedly sought from Dusten Brown and Cherokee Nation." The Tulsa World has this news update.

And The Charleston (S.C.) Post and Courier has a news update headlined "Financial sanctions against Veronica's birth father, tribe considered as attorney calls for truce."
Posted at 09:21 PM by Howard Bashman



"Judicial opinions can be fun!" Today at his "In the Loop" blog, Al Kamen of The Washington Post has this entry in which the "How Appealing" blog is mentioned.
Posted at 08:56 PM by Howard Bashman


"Chiquita fighting suit over Colombian killings": The Charlotte Observer has this news update reporting on an appeal pending at the U.S. Court of Appeals for the Eleventh Circuit.

In earlier related coverage, The Associated Press reported recently that "Chiquita seeks dismissal in Colombian case."
Posted at 08:47 PM by Howard Bashman



"Gender balance at issue with Supreme Court vacancy": Sean Fine of The Toronto Globe and Mail has this report.
Posted at 08:42 PM by Howard Bashman


"Landmark U.S. Supreme Court case on police force came out of Charlotte": The Charlotte Observer has a news update that begins, "As the manslaughter prosecution against a Charlotte police officer takes shape, a key standard that may be used to judge him dates back to a 1989 landmark ruling by the U.S. Supreme Court involving Charlotte police."
Posted at 08:30 PM by Howard Bashman


"U.S. Supreme Court Justice Elena Kagan to deliver Albritton Lecture at Alabama law school": AL.com has this report. And the law school's web site contains this announcement.
Posted at 08:25 PM by Howard Bashman


"Fourth Circuit holds Virginia's college newspaper alcohol advertising ban unconstitutional under the First Amendment as applied to Collegiate Times and Cavalier Daily": Law professor Kevin C. Walsh has this post at his "walshslaw" blog discussing a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 05:49 PM by Howard Bashman


"Utahn lauded as 10th Circuit appeals court pick": Thomas Burr of The Salt Lake Tribune has a news update that begins, "A hockey stick, a horror flick and a prank don't often play into confirmation hearings for federal appellate nominees, but all three were part of Utah Court of Appeals Presiding Judge Carolyn McHugh's appearance before the Senate Judiciary Committee on Wednesday."

You can access the video of this afternoon's Senate Judiciary Committee confirmation hearing at this link.
Posted at 05:22 PM by Howard Bashman



"In 8th Circuit liquor case, 21st Amendment beats Commerce Clause": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 05:02 PM by Howard Bashman


"Appeals judges appear dubious of DOE's rationale for collecting fees": Jeremy P. Jacobs of Greenwire has this report.
Posted at 05:00 PM by Howard Bashman


"Real Judicial Restraint": In the Fall 2013 issue of National Affairs, Joel Alicea has an essay that begins, "Last November, the Federalist Society gathered in Washington, D.C., to mark its thirtieth anniversary at its annual convention."
Posted at 04:57 PM by Howard Bashman


"Almost no chance Court will shut down": At "SCOTUSblog," Lyle Denniston has a post that begins, "With talk of shutting down the federal government filling the air in Washington, amid the latest partisan tiff over the national budget, the Supreme Court is remaining mum for now about how it might react."
Posted at 04:52 PM by Howard Bashman


"Lavabit wants appeal unsealed": Josh Gerstein of Politico.com has this report.
Posted at 04:51 PM by Howard Bashman


"Scalia expects NSA wiretaps to end up in court": The Associated Press has this report.
Posted at 04:50 PM by Howard Bashman


"US Supreme Court to tackle California cases on immigration, frequent flier miles": Kitty Felde of Southern California Public Radio's 89.3 KPCC has this report.
Posted at 04:48 PM by Howard Bashman


"Google Begs Court to Reconsider Ruling That Wi-Fi Sniffing is Wiretapping": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 02:00 PM by Howard Bashman


"Law experts preview new court cases": This article appears today in The University of Southern California Daily Trojan.
Posted at 06:52 AM by Howard Bashman


"iPhones or the Supreme Court -- let them wait, for a price": Patt Morrison has this essay online at The Los Angeles Times.
Posted at 06:50 AM by Howard Bashman


Tuesday, September 24, 2013

"Bookmakers, analyst bet on U.S. Supreme Court to legalize sports betting": The Las Vegas Review-Journal has this news update.
Posted at 10:30 PM by Howard Bashman


"Capobiancos return to South Carolina, birth father's role in Veronica's life remains uncertain": The Post and Courier of Charleston, South Carolina has this news update.

The Tulsa World has a news update headlined "Baby Veronica case: Biological father still facing felony complaint in S.C."

And The Associated Press has a report headlined "Experts: Girl in adoption dispute needs stability."
Posted at 10:05 PM by Howard Bashman



"U.S. judge rejects Pa. counterparts' bid to undo mandatory age-70 retirement": Joseph A. Slobodzian of The Philadelphia Inquirer has this news update.

And Peter Hall of The Morning Call of Allentown, Pennsylvania has a news update headlined "Federal court rejects judges' retirement age challenge."

My earlier coverage of today's federal district court ruling can be accessed here.
Posted at 08:24 PM by Howard Bashman



"Supreme Court justice to visit Penn Law; Anthony Kennedy will teach a constitutional law class as part of Visiting Jurist Program": The Daily Pennsylvanian has this news update.

And this Friday, California Supreme Court Justice Goodwin Liu will speak at Penn Law.
Posted at 08:15 PM by Howard Bashman



"California prisons: Judges give state more time to deal with inmate release order." Howard Mintz of The San Jose Mercury News has this update.
Posted at 07:56 PM by Howard Bashman


The Ninth Circuit had granted Barry Bonds an extension of time to file a petition for panel and/or en banc rehearing: You can access yesterday's order of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 07:46 PM by Howard Bashman


"There is at least a superficial irony in having a judge who is appointed for life under Article III of the United States Constitution rule against his judicial colleagues on the courts of this Commonwealth who must hang up their robes at age 70." The U.S. District Court for the Middle District of Pennsylvania today issued this ruling rejecting a constitutional challenge to Pennsylvania's mandatory retirement age for judges.
Posted at 04:37 PM by Howard Bashman


"Obama nominates three to federal judgeships": The Boston Globe has this news update.

According to the article, the White House has "tapped Harvard Law School professor David Jeremiah Barron for appointment to the US Court of Appeals for the First Circuit." You can access his online bio at this link.

Update: The official White House news release is titled "President Obama Nominates David Jeremiah Barron to Serve on the United States Court of Appeals."

And at "The BLT: The Blog of Legal Times," Matthew Huisman has a post titled "Harvard Law Prof Nominated for First Circuit."
Posted at 04:25 PM by Howard Bashman



"Rubio Withdraws Support for Gay Black Judge's Nomination to the Federal Bench": This article appears today in The New York Times.

And on Monday, columnist Fred Grimm of The Miami Herald had an essay titled "Rubio stomps on judge's reputation."
Posted at 04:22 PM by Howard Bashman



"The canary in the Supreme Court coal mine": Judge Kevin S. Burke has this essay online today at MinnPost.
Posted at 04:18 PM by Howard Bashman


"Judges weigh religious exemption for health law": The Associated Press has this report on a case argued today before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit.

You can access the audio of today's oral argument via this link (19.2 MB mp3 audio file).
Posted at 04:15 PM by Howard Bashman



"There are good reasons not to call an opponent's argument 'ridiculous'": So begins an opinion that the U.S. Court of Appeals for the Sixth Circuit issued today, in which the so-called "ridiculous" argument wins the appeal.
Posted at 01:40 PM by Howard Bashman


"Senate Confirms First Openly Gay Appeals Judge": Todd Ruger has this post at "The BLT: The Blog of Legal Times." You can view the U.S. Senate's roll call vote tally at this link.
Posted at 01:33 PM by Howard Bashman


"A Moveable Court": Law professor Pamela S. Karlan has this essay in the September/October 2013 issue of Boston Review.
Posted at 01:30 PM by Howard Bashman


"West Michigan CEO will appeal mandate to pay for birth control, morning-after pills to Supreme Court": The Grand Rapids Press has this report.
Posted at 01:28 PM by Howard Bashman


"Constitution Check: Should Supreme Court justices have limits on their time in office?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 01:24 PM by Howard Bashman


"Black Enrollment Falls as Michigan Rejects Affirmative Action": Greg Stohr of Bloomberg News has this report.
Posted at 01:20 PM by Howard Bashman


Monday, September 23, 2013

"Pa. town appeals to keep body of Jim Thorpe": The Associated Press has this report.
Posted at 09:52 PM by Howard Bashman


"Adoptive parents take custody of Veronica from biological father": The Tulsa World has this news update.
Posted at 09:42 PM by Howard Bashman


"Stanford Law School Constitution Day 2013 with Justice Ruth Bader Ginsburg": You can view the video on YouTube at this link.
Posted at 09:36 PM by Howard Bashman


"Deeper Than God: Ronald Dworkin's Religious Atheism." Stanley Fish has this post at the "Opinionator" blog of The New York Times.
Posted at 09:20 PM by Howard Bashman


"Retiree appeal in case vs. NFLPA rejected by court": The Associated Press has a report that begins, "The retirees who sued the NFL Players Association over benefit negotiations during the lockout have lost their appeal."

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



"Court restores death sentence in 1974 South Dade murder case": The Miami Herald has this news update reporting on the ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 09:07 PM by Howard Bashman


"Campaign funding and affirmative action come back before the Supreme Court": Mark Walsh will have this article in the October 2013 issue of ABA Journal magazine.
Posted at 07:32 PM by Howard Bashman


"Appeals court sides with Microsoft over Utah-based Novell's antitrust claims; Decision could put an end to 20 years of litigation against Microsoft": The Salt Lake Tribune has this news update reporting on a ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.
Posted at 04:48 PM by Howard Bashman


"About 2,000 petitions await Supreme Court's return; The annual glut of appeals that accumulates throughout the summer must be whittled down by the justices' law clerks; Only the strongest cases survive": Richard Wolf will have this article in Tuesday's edition of USA Today.
Posted at 03:42 PM by Howard Bashman


"Conn. court weighs if horses are innately vicious": The Associated Press has this report.
Posted at 03:04 PM by Howard Bashman


"Baby Veronica case: Parents' negotiations end with no settlement." The Tulsa World has this news update.
Posted at 03:00 PM by Howard Bashman


"Tenth Circuit considers justiciability of Guarantee Clause today": Law professor Derek Muller has this post today at his blog, "Excess of Democracy."
Posted at 02:58 PM by Howard Bashman


"Ninth Circuit Holds Annual Law Clerk Orientation": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit posted this item online today.
Posted at 02:55 PM by Howard Bashman


"This appeal stems from ongoing attempts by various news organizations to gain access to sealed court proceedings, transcripts, and discovery documents." So begins an opinion that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 11:33 AM by Howard Bashman


"Chamber of Commerce turns to small courts for big wins": Lawrence Hurley of Reuters has this report.
Posted at 11:11 AM by Howard Bashman


"In Supreme Court Opinions, Clicks That Lead Nowhere": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 11:09 AM by Howard Bashman


"Religion, Law, Politics Mix on Contraception Issue": Kenneth Jost has this post today at his blog, "Jost On Justice."
Posted at 09:10 AM by Howard Bashman


"The D.C. Circuit and the Guantanamo Detainees' Right of Access to Counsel": Steve Vladeck has this post today at the "Lawfare" blog.
Posted at 09:07 AM by Howard Bashman


Sunday, September 22, 2013

"A Jury of Whose Peers?" Columnist Bill Keller will have this op-ed in Monday's edition of The New York Times.
Posted at 11:15 PM by Howard Bashman


"Government Files 118-page Merits Brief in United States v. Auernheimer": Orin Kerr has this post today at "The Volokh Conspiracy."

And the Electronic Frontier Foundation has this web page providing links to the key appellate filings.
Posted at 11:14 PM by Howard Bashman



"In secret, Fisa court contradicted US supreme court on constitutional rights; Declassified Fisa rulings reveal a permissive approach to fourth amendment violations disturbingly at odds with supreme justices'": Yochai Benkler has this essay online at The Guardian (UK).
Posted at 08:50 PM by Howard Bashman


"Rhyme and reasons in the Hobby Lobby case": Michael McGough has this essay online at The Los Angeles Times.
Posted at 08:46 PM by Howard Bashman


"Omar Khadr set to make first public appearance tomorrow during Edmonton court hearing": The Toronto Star has this report.
Posted at 08:45 PM by Howard Bashman


"Supreme Court may strike new blow to campaign funding laws; The Supreme Court, in a new campaign funding case, may lift a lid on the total the wealthy can give to all candidates and parties": David G. Savage has this article today in The Los Angeles Times.
Posted at 08:44 PM by Howard Bashman


"Under the U.S. Supreme Court: Unleashing more political money." Michael Kirkland of UPI has this report.
Posted at 11:07 AM by Howard Bashman


Saturday, September 21, 2013

"Fallout from blockbuster Danziger order felt across federal courthouse; appeal's chances uncertain": Juliet Linderman of The Times-Picayune of New Orleans has this report.

And in related commentary, James Varney has an essay titled "Danziger Bridge cops don't need new trials because of prosecutors."
Posted at 11:20 PM by Howard Bashman



"County clerks on front lines of U.S. gay marriage battle": Reuters has this report.

And today's edition of The Tennessean contains an article headlined "TN license offices deny name changes to same-sex couples; TN couples consider lawsuits after Supreme Court decision."
Posted at 08:36 PM by Howard Bashman



"A Rare Plea to the Court": Jesse Wegman will have this Editorial Notebook essay in the Sunday Review section of tomorrow's edition of The New York Times.
Posted at 07:58 PM by Howard Bashman


"5 days of mediation in Baby Veronica case bring no agreement": This article appears today in The Tulsa World.
Posted at 01:48 PM by Howard Bashman


Friday, September 20, 2013

"Plenty of Misconduct, and 129 Pages of One Judge's Disbelief": Joe Sexton of ProPublica has this report today.

My most recent earlier coverage appears at this link.
Posted at 05:26 PM by Howard Bashman



"Supreme flaws: Three ways to fix the Supreme Court." Law professor Eric Segall has this essay today at CNN.com.
Posted at 04:44 PM by Howard Bashman


"Obama Makes Another Judicial Nomination Push": Todd Ruger has this post today at "The BLT: The Blog of Legal Times."
Posted at 03:56 PM by Howard Bashman


"Appeals court backs sober-living homes in suit against Newport Beach": Maura Dolan of The Los Angeles Times has this news update reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 03:35 PM by Howard Bashman


"We are the scriveners": Senior U.S. District Judge Richard G. Kopf has this heartfelt post today at his blog, "Hercules and the Umpire."

And at the blog "In The Moment," you can access a related post titled "The Packing Staple."
Posted at 01:56 PM by Howard Bashman



"Clarence Thomas visits University of Portland": The Beacon, the student newspaper of the University of Portland, has this report.
Posted at 01:40 PM by Howard Bashman


"At court and Constitution Center, Ginsburg is a force": Chris Mondics has this article today in The Philadelphia Inquirer.

And Berkeley Law News reports that "US Supreme Court Justice Ginsburg Captivates Berkeley Law."
Posted at 01:35 PM by Howard Bashman



"Republicans Push Back On Obama's D.C. Court Nominees": This audio segment appeared on yesterday's broadcast of NPR's "All Things Considered."
Posted at 01:32 PM by Howard Bashman


"Supreme Court Justice Elena Kagan says justices can disagree and remain friends": The Lexington Herald-Leader contains this article today.
Posted at 01:28 PM by Howard Bashman


"Supreme Court Justice Sotomayor urges UD freshmen not to live as 'bystanders'; She urges urges students to take the initiative, learn to give": This article appears today in The News Journal of Wilmington, Delaware.
Posted at 01:12 PM by Howard Bashman


"Swipe-Fee Judge Leaves Rules in Place Pending Appeal": Bloomberg News has this report.
Posted at 01:08 PM by Howard Bashman


Thursday, September 19, 2013

"Supreme Court Justice Sotomayor shares life lessons during UD visit": WDDE-FM, Delaware's NPR station, has this report.
Posted at 10:09 PM by Howard Bashman


"Supreme Court Justice Clarence Thomas visits University of Portland": The Oregonian has this news update.

And The Associated Press reports that "Justice Clarence Thomas touches on life, law."
Posted at 10:06 PM by Howard Bashman



"Kagan recounts how her hunting trips began": The Associated Press has this report.
Posted at 10:04 PM by Howard Bashman


"We conclude that 'issues' and 'arguments' are distinct concepts: an issue can be broader in scope than an argument in that an issue may be addressed by multiple arguments, which are the most basic building blocks of legal reasoning." Circuit Judge D. Brooks Smith wrote this opinion, which a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 09:56 PM by Howard Bashman


"Federal appeals court upholds conviction for Facebook threats; Anthony Elonis was sentenced to four years in prison for posts describing attacks on Dorney Park, kindergarten": Peter Hall of The Morning Call of Allentown, Pennsylvania has this news update reporting on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 09:52 PM by Howard Bashman


"Ted Cruz in middle of GOP civil war": Politico.com has this report.
Posted at 08:17 PM by Howard Bashman


"A Proposal to Cut Costs in CJA Appeals": Steve Klepper has this post today at the "Maryland Appellate Blog."
Posted at 08:07 PM by Howard Bashman


Comedian-judge gets last laugh: The Record of Hackensack, New Jersey has a news update headlined "South Hackensack judge resigns after court rules he can't moonlight as a comic" that begins, "Vince A. Sicari resigned from his position as a municipal judge in South Hackensack on Thursday after the state Supreme Court ruled he could not continue in that position while moonlighting as a standup comic."

My earlier coverage of today's New Jersey Supreme Court ruling appears at this link.
Posted at 07:42 PM by Howard Bashman



"Justice Dept. watchdog never probed judges' NSA concerns; In response to a FOIA request from USA TODAY, the Justice Department said its ethics office never looked into complaints from two federal judges that they had been misled about NSA surveillance": Brad Heath of USA Today has this news update.
Posted at 03:51 PM by Howard Bashman


"Government to challenge Hobby Lobby's reprieve from fines; Feds challenge injunction that has allowed Hobby Lobby to avoid fines for refusing to cover the cost of some contraceptives for its workers": The Oklahoman has this report.
Posted at 03:34 PM by Howard Bashman


In posts of interest at "SCOTUSblog": Lyle Denniston has a post titled "Birth-control mandate issue reaches Court." You can access the petition for writ of certiorari at this link.

And Tom Goldstein has a post titled "The untold risks of the Supreme Court's same-sex marriage decisions."
Posted at 03:22 PM by Howard Bashman



"Why Was Tom DeLay's Conviction Tossed? Corporate love set him free." Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this jurisprudence essay online at Slate.
Posted at 03:20 PM by Howard Bashman


"In 5-4 ruling, state Supreme Court upholds 'medical necessity' defense in Olympia pot-growing case": The Olympian of Olympia, Washington has this news update.

And The Associated Press has a report headlined "Wash. court: Medical necessity OK reason for pot" that begins, "Washington's Supreme Court says defendants busted for marijuana can argue they needed it for medical reasons, even if they failed to follow the requirements of the state's medical marijuana law."

You can access today's ruling of the Supreme Court of Washington State at this link.
Posted at 03:14 PM by Howard Bashman



"Gov. Rick Scott seeks Supreme Ct. review of worker drug test": The Associated Press has a report that begins, "Gov. Rick Scott intends to take his fight for random drug tests of tens of thousands of state employees all the way to the U.S. Supreme Court, a lawyer for the Republican governor told a federal judge Thursday."
Posted at 02:00 PM by Howard Bashman


"Nina Pillard Nomination for D.C. Circuit Advances": Todd Ruger has this post at "The BLT: The Blog of Legal Times."
Posted at 01:15 PM by Howard Bashman


"Court reverses DeLay conviction": The Austin American-Statesman has a news update that begins, "The Third Court of Appeals, on a 2-to-1 vote, has reversed the criminal conviction of former U.S. Majority Leader Tom DeLay, once the second most powerful Texas in Washington D.C. before the criminal case forced his retirement from politics."

The Associated Press reports that "Conviction of ex-US House leader DeLay's tossed."

And Bloomberg News reports that "Ex-House Leader Tom DeLay Has Money Laundering Conviction Tossed."

Today's ruling of the Third Court of Appeals of Texas consists of a majority opinion and a dissenting opinion.
Posted at 11:16 AM by Howard Bashman



"In this appeal the Court considers whether a part-time municipal court judge may also pursue a parallel acting and comedy career." So begins the syllabus of an opinion that the Supreme Court of New Jersey issued today.

In early news coverage, The Associated Press reports that "NJ's high court rules against 'joking judge.'"

And yesterday, Philly.com previewed today's ruling in a report headlined "N.J. Supreme Court to decide if part-time judge, full-time comedian can keep both jobs."
Posted at 10:24 AM by Howard Bashman



"Legal group says it will ask Supreme Court to take up contraception controversy": The Washington Times has this blog post.
Posted at 09:24 AM by Howard Bashman


"Everyday heroes etched in Supreme Court history": In today's edition of USA Today, Richard Wolf has an article that begins, "Shaun McCutcheon is fast becoming a household name -- at least in lofty legal and political circles."
Posted at 09:20 AM by Howard Bashman


"Cellphone-Wiretap Ruling Is a Headache for Prosecutors; Opinion Says Authority to Listen In on Calls Doesn't Cross Federal-Court-District Boundaries": Joe Palazzolo has this article today in The Wall Street Journal. You can freely access the full text of the article via Google News.
Posted at 08:35 AM by Howard Bashman


"Opponent of Colorado's Amazon tax law seeks review of appellate ruling": This article appears today in The Denver Post.
Posted at 08:32 AM by Howard Bashman


Wednesday, September 18, 2013

"Tase Thy Neighbor? Will a single dissenting opinion end Judge Jacqueline Nguyen's Supreme Court aspirations?" Scott Michelman has this jurisprudence essay online at Slate.
Posted at 11:00 PM by Howard Bashman


"Court likely to oppose blocking gay jurors": Bob Egelko of The San Francisco Chronicle has this news update.

And in Thursday's edition of The Los Angeles Times, Maura Dolan will have an article headlined "Court wrestles with protecting gays from jury exclusion; Appellate judges question lawyers about the removal of a gay man during jury selection for an antitrust trial two years ago."

You can access at this link the audio of today's Ninth Circuit oral argument. Earlier today, I collected additional coverage of the oral argument in a post you can access here.
Posted at 10:02 PM by Howard Bashman



"Justice Ginsburg Speaks: Women and the Law; Syria, Congress and the President and More." This audio segment appeared on yesterday's broadcast of WNYC Radio's "The Takeaway with John Hockenberry."

And today's broadcast contained an audio segment titled "Justice Ginsburg Part II: Gender, the Second Amendment, Immigration & More."

A transcript of the interview can be accessed here.
Posted at 09:50 PM by Howard Bashman



"Winds of Change": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 09:18 PM by Howard Bashman


"New Film Dramatizes the Severe Threat to Late-Term Abortion Doctors": Nora Caplan-Bricker has this essay online at The New Republic. The film's web site can be accessed here.
Posted at 09:16 PM by Howard Bashman


"University of Portland student gets help, inspiration from controversial Supreme Court Justice Clarence Thomas": The Oregonian has this report.
Posted at 09:08 PM by Howard Bashman


"At Stanford, Justice Ginsburg says collegiality is not swayed by bitter battles; Ruth Bader Ginsburg met with students and spoke with the university community about the most recent term of the Supreme Court during a visit to Stanford on Constitution Day": Stanford University has issued this news release.
Posted at 09:05 PM by Howard Bashman


"Gay bias in jury selection: Federal appeals court struggles with another gay rights issue." Howard Mintz of The San Jose Mercury News has this update.

Maura Dolan of The Los Angeles Times has a news update headlined "Court appears wary of removing jurors over sexual orientation."

And The Associated Press reports that "Court deciding if gay juror can be taken off case."
Posted at 04:13 PM by Howard Bashman



"California Fuel Standard Doesn't Discriminate, Court Says": Bloomberg News has this report.

Reuters reports that "U.S. appeals court rejects California fuel rule challenge."

The Associated Press reports that "Court upholds Calif.'s low carbon fuel standard."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "California Low Emission Ethanol Standards Upheld."

You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 03:07 PM by Howard Bashman



"Court: Clicking 'Like' on Facebook is free speech." The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.

In other coverage, Bloomberg News reports that "Facebook 'Like' Is Protected Speech, Appeals Court Says."
Posted at 03:02 PM by Howard Bashman



"Pillard well-qualified for seat on Appeals Court": Josiah Bunting III has this essay online at Politico.com.
Posted at 09:52 AM by Howard Bashman


"Legendary whistle-blower girds for another round in marathon legal fight": Jeremy P. Jacobs of Greenwire has this report.
Posted at 09:02 AM by Howard Bashman


"Vivid Appeals Denial of TRO With 9th Circuit": XBIZ Newswire has a report that begins, "Vivid Entertainment yesterday filed an appeal over U.S. District Judge Dean Pregerson's denial of a temporary restraining order in the studio's suit against enforcement of Measure B, which requires the use of condoms in the production of adult movies in Los Angeles County."

And Mark Kernes of AVN News reports that "Measure B Plaintiffs Ask Ninth Circuit to Remove AHF From Case; They also argue that Measure B is both ineffective and unconstitutional."

You can access at this link (4.7 MB PDF file) the opening Brief for Appellants that Vivid Entertainment filed Monday in the U.S. Court of Appeals for the Ninth Circuit.
Posted at 09:00 AM by Howard Bashman



"Sandra Day O'Connor to law students: 'Learn everything you can'; O'Connor speaks at CU-Boulder for Constitution Day." The Daily Camera of Boulder, Colorado has this report.
Posted at 08:50 AM by Howard Bashman


"Court decides if gay juror can be taken off case": The Associated Press has this report on an appeal to be argued today before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 08:42 AM by Howard Bashman


"Jerry Sandusky's lawyer makes case for new trial at appeal hearing": This article appears today in The Centre Daily Times of State College, Pennsylvania.

The Times Leader of Wilkes-Barre, Pennsylvania reports today that "Judges to decide Sandusky's appeal for new trial; Ex-PSU assistant coach's petition gets hearing in state court session at county courthouse."

The Citizens' Voice of Wilkes-Barre reports today that "Sandusky attorney admits 'errors' didn't alter verdict." And a related article is headlined "The Scene: Satellite trucks, interest follow Sandusky case to Luzerne Co."

Peter Hall of The Morning Call of Allentown, Pennsylvania reports today that "Sandusky lawyer cites delay in victims reporting abuse in reasoning for new trial."

The Patriot-News of Harrisburg, Pennsylvania reports that "Sandusky attorney argues for new trial during appeal hearing."

The Pittsburgh Post-Gazette reports that "In Sandusky appeal, lawyers argue trial errors."

Today's edition of The Pittsburgh Tribune-Review contains an article headlined "Lawyers: In rushed trial, judge violated Sandusky's rights."

Bloomberg News reports that "Ex-Coach Sandusky Should Get New Trial, Lawyer Argues."

And The Associated Press reports that "Sandusky's bid for new trial in Pa. judges' hands."

You can access the appellate court filings in the case via this link.
Posted at 08:40 AM by Howard Bashman



"N.Y. Stop-And-Frisk Judge Denies Bid to Delay Decision": Bloomberg News has this report.

And The Associated Press reports that "NY judge won't delay effects of stop-frisk rulings."
Posted at 08:17 AM by Howard Bashman



"What To Expect From the Supreme Court's Abortion Case This Term": Law professor Sherry F. Colb has this essay online today at Justia.com's Verdict.
Posted at 08:14 AM by Howard Bashman


"Attorney wants N.J. Supreme Court to hear case against sender of text message": The Star-Ledger of Newark, New Jersey has this report.
Posted at 08:09 AM by Howard Bashman


"Judge grants new trial for ex-New Orleans police officers convicted in notorious Danziger Bridge slayings after Hurricane Katrina": The Times-Picayune of New Orleans has this report, along with related articles headlined "From improper online posts, scandal grew to mire an U.S. attorney and Justice Department"; "Justice Department attorney Karla Dobinski posted on NOLA.com about Danziger Bridge trial, judge reveals"; and "Reversal of Danziger Bridge convictions a 'bitter pill' for Hurricane Katrina survivors."

Today's edition of The New York Times reports that "Judge Throws Out Officers' Convictions in Killings After Hurricane Katrina."

And The Associated Press reports that "Judge orders new trial in Katrina bridge killings."

You can access yesterday's 129-page ruling of the U.S. District Court for the Eastern District of Louisiana at this link.
Posted at 07:51 AM by Howard Bashman



Tuesday, September 17, 2013

"Obamacare: Court declines company request to block contraception mandate; In all, more than 50 companies have challenged the Obamacare contraception mandate on religious grounds; Given a split in how appeals courts have ruled, it's likely the US Supreme Court will eventually take up the issue." Warren Richey of The Christian Science Monitor has this report.

Dan Horn of The Cincinnati Enquirer has a news update headlined "Ruling: Provide birth control despite religious objections."

Jim Provance of The Toledo Blade has a news update headlined "Appeals court sides with administration over Obamacare contraception mandate."

The Washington Times has a news update headlined "Second court backs Obama birth control mandate; Cases could end in Supreme Court."

And The Hill has a blog post titled "Appeals court rules in favor of ObamaCare birth control mandate."

You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 11:58 PM by Howard Bashman



"Federal court rejects N.J. sports betting": Wednesday's edition of The Philadelphia Inquirer will contain this article.

The Star-Ledger of Newark, New Jersey reports that "Christie says N.J. will appeal sports betting case to U.S. Supreme Court."

Bloomberg News reports that "New Jersey Can't Legalize Sports Betting, U.S. Court Says."

The Associated Press reports that "Fed court nixes NJ appeal in sports betting case."

And Reuters has a report headlined "NJ to appeal ruling that keeps ban on sports betting: Christie."

You can access today's 128-page ruling of a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 11:48 PM by Howard Bashman



"Extended Ruling by Secret Court Backs Collection of Phone Data": Charlie Savage will have this article in Wednesday's edition of The New York Times.

Wednesday's edition of The Washington Post will contain an article headlined "FISA court releases opinion upholding NSA phone program."

And at the "Lawfare" blog, Benjamin Wittes and Jane Chong have a post titled "Congress Has No Clothes: A Quick and Dirty Summary of the New FISC Opinion."

You can view the ruling at this link.
Posted at 11:42 PM by Howard Bashman



Programming note: Additional posts will appear here tonight, as this afternoon I will be in Washington, DC to serve as a panelist at The Cato Institute's Center for Constitutional Studies symposium titled "The Supreme Court: Past and Prologue: A Look at the October 2012 and 2013 Terms."

My written contribution to the 2012-2013 issue of the Cato Supreme Court Review, issued in print today, is titled "Looking Ahead: October Term 2013." Earlier editions of that publication can be accessed online via this link.
Posted at 08:04 AM by Howard Bashman



"Jerry Brown touts video game program rooted in Supreme Court loss": This article appears today in The Oakland Tribune.
Posted at 08:00 AM by Howard Bashman


"Will the Supreme Court Stop Cops From Reading Your Text Messages? In many states, police can rifle through your smart phone -- even if you've just been arrested for not putting on your seat belt." Dana Liebelson has this article online today at Mother Jones.
Posted at 07:58 AM by Howard Bashman


"Supreme Court Weighs When Online Speech Becomes an Illegal Threat": David Kravets has this post online today at Wired.com's "Threat Level" blog.
Posted at 07:48 AM by Howard Bashman


Monday, September 16, 2013

"Complex Science at Issue in Politics of Fetal Pain": This front page article will appear in Tuesday's edition of The New York Times.
Posted at 11:54 PM by Howard Bashman


"Oral arguments heard in Lafave probation case": The Tampa Tribune has this news update.

And The Associated Press reports that "Debra Lafave asks Florida Supreme Court to end her probation."
Posted at 10:50 PM by Howard Bashman



"Justice Antonin Scalia says constitution not meant to answer moral questions": The GW Hatchet has this report.

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Scalia Chides 'Activist' Colleagues on Eve of Constitution Day."
Posted at 10:30 PM by Howard Bashman



"Unprecedented: The Constitutional Challenge to Obamacare." The Cato Institute has posted online at this link the video from last Friday's event.

I will be in Washington, DC at Cato tomorrow to participate as a panelist in an event titled "The Supreme Court: Past and Prologue -- A Look at the October 2012 and 2013 Terms."
Posted at 10:24 PM by Howard Bashman



"A&E Television Can't Escape Gang Whistleblower's Privacy Lawsuit; An appeals court rules that a man whose identity wasn't concealed on a documentary series has a reasonable probability of prevailing against the cable network": Eriq Gardner has this post at the "Hollywood, Esq." blog of The Hollywood Reporter.

Variety has a report headlined "'Gangland': Appeals Court Refuses to Dismiss Police Informant's Claim Against A&E."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "'Gangland' Accuser Suit Survives Anti-SLAPP."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:22 PM by Howard Bashman



"Big business, class actions and the Supreme Court: It's complicated." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 10:14 PM by Howard Bashman


"Reflecting on Secrecy in 4th Circuit Panel Composition": Steve Klepper has this post today at the "Maryland Appellate Blog."

I expressed some similar thoughts in April 2006 in my Law.com column titled "Who's on the Argument Panel: Why Ignorance Isn't Bliss" (registration may be required for free access).
Posted at 10:12 PM by Howard Bashman



"Gay bias in jury selection: Appeals court to consider issue in fight between drug giants." Howard Mintz will have this article Tuesday in The San Jose Mercury News.
Posted at 07:30 PM by Howard Bashman


"Leaks and Consequences: Why treating leakers as spies puts journalists at legal risk." Lincoln Caplan has this cover story in the Autumn 2013 issue of The American Scholar.
Posted at 03:34 PM by Howard Bashman


"Reagan's Court v. the Libertarians': A new crop of Supreme Court books show Chief Justice Roberts siding with his hero's ghost -- for now." Law professor Garrett Epps has this essay online today at The American Prospect.
Posted at 10:49 AM by Howard Bashman


"Plaintiff in iconic school speech case starts tour": The Associated Press has this report.
Posted at 09:32 AM by Howard Bashman


"For Justice Kennedy, the Power of Being Earnest": Kenneth Jost has this post at his blog, "Jost On Justice."
Posted at 09:30 AM by Howard Bashman


"Missouri Supreme Court hears appeal from man who was injured by a hot dog": Missouri Digital News has this report on a lawsuit stemming from an eye injury allegedly sustained during a hot dog toss into the stands at a Kansas City Royals baseball game.

Via the web site of the Supreme Court of Missouri, you can access the appellate briefs (here, here, and here) and the oral argument audio (mp3 audio file).
Posted at 09:26 AM by Howard Bashman



"Constitutional Law Scholars Preview Supreme Court Term": C-SPAN is planning to provide live coverage of this event, hosted by the American Constitution Society for Law and Policy. C-SPAN's coverage is scheduled to get underway at 12:30 p.m. eastern time today.
Posted at 09:14 AM by Howard Bashman


"Supreme Court's ruling in Baby Veronica case leads to more legal wrangling over adoption": Robert Barnes has this new installment of his "The High Court" column in today's edition of The Washington Post.
Posted at 09:08 AM by Howard Bashman


Sunday, September 15, 2013

"Stevens has 'easy transition' to state high court": The Standard Speaker of Hazleton, Pennsylvania contains this article today.

And one month ago today, the Pennsylvania Cable Network posted online a video titled "Courts 101 with Justice Stevens: From Superior to Supreme Court."
Posted at 09:20 AM by Howard Bashman



"Local woman adjusts to Supreme Court bench": This article appears today in The Record-Journal of Meriden, Connecticut.
Posted at 09:15 AM by Howard Bashman


Saturday, September 14, 2013

"Court upholds Bonds' obstruction conviction": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 10:32 PM by Howard Bashman


"Oklahoma Supreme Court: Baby Veronica to stay in state for time being." Today's edition of The Tulsa World contains an article that begins, "Baby Veronica will celebrate her fourth birthday with her biological father this weekend after the Oklahoma Supreme Court decided to keep her in the state at least a while longer."
Posted at 10:15 PM by Howard Bashman


"Sandusky's bid for new trial going to court in Pa." The Associated Press has this report.

And The Citizens' Voice of Wilkes-Barre, Pennsylvania reported recently that "Sandusky's appeal moved out of high school."
Posted at 08:54 PM by Howard Bashman



"Ruth Bader Ginsburg and Footnote Four": Lincoln Caplan has this blog post online today at The New Yorker.
Posted at 08:44 PM by Howard Bashman


Friday, September 13, 2013

Programming note: Additional posts will appear here Saturday night.
Posted at 05:55 PM by Howard Bashman


"Souter decries cuts in humanities funds; Retired Supreme Court justice delivers views in State Museum speech": This article appears today in The Times Union of Albany, New York.
Posted at 04:00 PM by Howard Bashman


"Home run king Barry Bonds obstruction conviction upheld": Howard Mintz of The San Jose Mercury News has this update.

Henry K. Lee of The San Francisco Chronicle has a news update headlined "Court upholds Bonds' obstruction conviction."

Maura Dolan of The Los Angeles Times has a news update headlined "Barry Bonds' obstruction of justice conviction upheld by appeals court."

Jonathan Stempel of Reuters reports that "Conviction of baseball's Barry Bonds upheld by U.S. appeals court."

And The Associated Press reports that "Appeals court upholds slugger Bonds' conviction."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 11:18 AM by Howard Bashman



"NY court considers pistol permit restriction": The Associated Press has a report that begins, "Attorneys representing both the government and a man whose application for a pistol permit was denied asked New York's highest court on Thursday to rule that state law does not prohibit issuing permits to people who only live in-state part time."
Posted at 11:05 AM by Howard Bashman


"State v. Brewington Oral Argument": Eugene Volokh has this post today at "The Volokh Conspiracy." You can view the oral argument video by clicking here.
Posted at 10:50 AM by Howard Bashman


"Gay and unmarried adoption battle set for Supreme Court; The health minister is set to take his fight against the extension of adoption rights to Northern Ireland's gay and unmarried couples to the UK's highest court": BBC News has this report.
Posted at 10:48 AM by Howard Bashman


Meet my oral argument toddler: Attorneys may sometimes wonder what type of appeal takes two years or longer from the date of oral argument to be decided. Although I am loathe to generalize, I can now provide an example of one such case, as today marks the two-year anniversary of an oral argument that I delivered to the Supreme Court of Pennsylvania in a case that as of this moment remains undecided.

On the day before my oral argument of the case, I had this preview post. The briefs filed in the case can be accessed via two earlier posts, here and here. The video of that day's Pa. Supreme Court oral arguments had been available via this link, but the videos are not working for me at this time. The Pa. Supreme Court granted review in the case on March 15, 2011, and thus in two days from now the case will have been pending on the merits before Pennsylvania's highest court for 30 months. The case arrived on that court's doorstep on November 1, 2010, when discretionary review was sought by means of a petition for allowance of appeal.

For what it is worth, the same case that has taken Pennsylvania's highest court at least two years to decide took the Superior Court of Pennsylvania -- an intermediate appellate court -- 41 days from oral argument to decide.

As noted in my preview post, September 13, 2011 was quite a busy day for me, as I was arguing not one but two cases before Pennsylvania's highest court that day, and another case in which I wrote the Brief for Plaintiff/Appellee was being argued in the Pa. Superior Court by plaintiff's trial counsel. In the Superior Court case, my client achieved affirmance of the $12.4 million judgment in his favor.

Sadly, in the other case that I argued on September 13, 2011 before the Pa. Supreme Court, my client lost by a vote of 4-to-3, although the decision has spawned considerable backlash (see here, here, here, here, and here) that may result in an amendment to Pennsylvania's Constitution intended to overrule the high court's decision.
Posted at 10:28 AM by Howard Bashman



Thursday, September 12, 2013

"Justices closely question both sides during appeals of Virginia Tech shootings case; The court will likely take several weeks to render its written rulings on the two appeals linked to a wrongful death case brought after the April 16, 2007, shootings": The Roanoke Times has this news update.
Posted at 10:04 PM by Howard Bashman


"Consent to search a phone doesn't mean listening in": Bob Egelko has this blog post online at The San Francisco Chronicle.

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Border Agent Call Screening Suppressed."

Circuit Judge Stephen Reinhardt wrote today's ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 08:44 PM by Howard Bashman



"An audio example for the Supreme Court": Michael McGough has this essay online today at The Los Angeles Times.
Posted at 08:40 PM by Howard Bashman


"Chief Justice Roberts holds key in campaign-finance case; Supreme Court's first major case in upcoming term represents conservatives' latest effort to remove government restrictions on political speech": Richard Wolf will have this article Friday in USA Today.
Posted at 06:30 PM by Howard Bashman


"Looking Ahead: October Term 2013." I had the pleasure of being asked to write the "Looking Ahead" piece that will appear in the 2012-2013 issue of the Cato Supreme Court Review, whose formal publication date is Tuesday, September 17, 2013.

In recent years, the authors of that essay have included star journalist Jan Crawford and attorneys Erik S. Jaffe, Gregory G. Garre, and Kannon K. Shanmugam. My humble contribution to that canon (earlier examples can be accessed via this link) can be accessed here.

That's why, on Tuesday of next week, I will be in Washington, DC to participate as a panelist at The Cato Institute's Center for Constitutional Studies symposium titled "The Supreme Court: Past and Prologue: A Look at the October 2012 and 2013 Terms." My co-panelists will be Tom Goldstein (who founded "SCOTUSblog" after "How Appealing" inspired him to do so) and Marcia Coyle, who covers the U.S. Supreme Court for The National Law Journal.
Posted at 05:14 PM by Howard Bashman



"Next round in Fisher case": Lyle Denniston has this post at "SCOTUSblog."
Posted at 04:00 PM by Howard Bashman


"Senate panel Oks measure defining a journalist": The Associated Press has this report.
Posted at 03:35 PM by Howard Bashman


In posts of interest today at "The BLT: The Blog of Legal Times." Alex Zank has a post titled "House Committee Votes to Extend Supreme Court Police Authority."

Matthew Huisman has a post titled "George Mason Law Adds D.C. Circuit Judge to Faculty."

And Zoe Tillman has a post titled "Court Delays Arguments in Dispute Over Anonymous Wikipedia Editor."
Posted at 02:15 PM by Howard Bashman



"Judiciary sends Obama budget plea": Tal Kopan of Politico.com has this blog post. You can view the letter, dated September 10, 2013, at this link.
Posted at 02:06 PM by Howard Bashman


"Pennsylvania court orders county court clerk to stop issuing marriage licenses to same-sex couples": The Patriot-News of Harrisburg, Pennsylvania has this update.

The Philadelphia Inquirer has a news update headlined "PA Court orders Montco to halt licenses for gay marriages."

And The Associated Press reports that "Pa. judge orders end to same-sex marriage licenses."

You can access today's ruling of the President Judge of the Commonwealth Court of Pennsylvania at this link.
Posted at 02:04 PM by Howard Bashman



"William Lamb: A tough prosecutor up against gay marriage proponents." The Patriot-News of Harrisburgh, Pennsylvania has this report.
Posted at 12:02 PM by Howard Bashman


"Illinois Supreme Court: Second Amendment Protects Carrying Outside the Home." At "The Volokh Conspiracy," Eugene Volokh has this post on a unanimous ruling that the Supreme Court of Illinois issued today.
Posted at 11:32 AM by Howard Bashman


Putting SCOTUS engagements up for bid: On Tuesday, law professor Josh Blackman had a guest post at "Above the Law" titled "The Supreme Court 'Beauty Contest': A Behind-the-Scenes Look." Having a potential client who is looking for the best possible lawyer for an appellate engagement can be a very good thing, especially for those lawyers who have the qualities necessary to secure the engagement.

Recently, the State of Georgia issued an RFP (request for proposal) seeking lawyers to serve as outside appellate counsel in an original jurisdiction action that the State of Florida intended to file against Georgia in the U.S. Supreme Court. Today, in The Daily Report of Fulton County, Georgia, Kathleen Baydala Joyner has an article headlined "Lawyers Flood AG With Queries To Defend Georgia In Water Wars; Water case draws 29 applications by lawyers and firms wishing to defend Georgia against Florida's bid for more access to the Chattahoochee River" (free registration may be required for access) that begins, "Lawyers who want to defend Georgia from Florida's impending lawsuit over water rights range from a former U.S. solicitor general who regularly charges more than $1,100 per hour to a recent law school graduate who offered to work for free."
Posted at 11:28 AM by Howard Bashman



"Delaware Supreme Court weigh power of sheriffs to make arrests; Sussex sheriff Jeff Christopher claims 2012 law violates Constitution": This article appears in today's edition of The News Journal of Wilmington, Delaware.
Posted at 10:08 AM by Howard Bashman


"Hecht chosen as new chief of Texas Supreme Court": The Associated Press has this report.
Posted at 10:06 AM by Howard Bashman


"Mich. chief justice won't comment on judge's donations but jokes, 'I want to marry his wife'": The Associated Press has this report.
Posted at 10:00 AM by Howard Bashman


"When bloggers irritate judges": Senior U.S. District Judge Richard G. Kopf has this post today at his blog, "Hercules and the Umpire."
Posted at 09:57 AM by Howard Bashman


"Solicitor General Previews Supreme Court Term": C-SPAN is intending to provide live online coverage of this event, scheduled for 1:30 p.m. eastern time today. More information on the event can be accessed here.

And on Tuesday of next week, I will be in Washington, DC to participate as a panelist at The Cato Institute's Center for Constitutional Studies symposium titled "The Supreme Court: Past and Prologue: A Look at the October 2012 and 2013 Terms."
Posted at 09:54 AM by Howard Bashman



Wednesday, September 11, 2013

"Wilkins Breezes Through D.C. Circuit Confirmation Hearing": Todd Ruger has this post at "The BLT: The Blog of Legal Times."

And Jennifer Bendery of The Huffington Post reports that "Chuck Grassley Tries To Trick Obama Judicial Nominee Into Criticizing Another Nominee."

You can view the video of today's U.S. Senate Judiciary Committee confirmation hearing by clicking here.
Posted at 10:42 PM by Howard Bashman



"Traditional marriage plea heads to Court": Lyle Denniston has this post at "SCOTUSblog."
Posted at 10:28 PM by Howard Bashman


"Supreme Court Justice Sotomayor visits Touro": This article appeared yesterday in Newsday.
Posted at 08:03 PM by Howard Bashman


"Release Net identities of sex offenders, state urges": In today's edition of The San Francisco Chronicle, Bob Egelko has this article reporting on an oral argument yesterday before the U.S. Court of Appeals for the Ninth Circuit.
Posted at 07:54 PM by Howard Bashman


"Texas Hold 'Em: The state refuses to allow same-sex couples married elsewhere to get divorced; Is this the next constitutional showdown over marriage equality?" Dahlia Lithwick and law professor Sonja West have this jurisprudence essay online at Slate.
Posted at 07:50 PM by Howard Bashman


"The Cleverest New Anti-Abortion Law: Will the Supreme Court strike down Oklahoma's devious attempt to stop doctors from prescribing the safest kind of medical abortion?" Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 07:48 PM by Howard Bashman


"Minneapolis Park Board was too restrictive to man distributing Bibles at Twin Cities Pride Festival, says U.S. Court of Appeals": The Minneapolis Star Tribune has this news update reporting on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit issued today.
Posted at 06:12 PM by Howard Bashman


Access online the most recent edition of "Appellate Issues," a publication of the Council of Appellate Lawyers of the American Bar Association: Its focus is appellate oral arguments, and you can access it online by clicking here.

Speaking of appellate oral arguments, one of my cases is just days away from becoming an oral argument toddler, as this Friday will mark exactly two years from the date of my appellate oral argument in the case, without any ruling having issued thus far. Fortunately, as the links in this earlier post demonstrate, the court before which this appeal is pending claims to be very efficient, and its leader is not particularly amenable to criticism on that subject, so I shall not identify that court by name.
Posted at 05:58 PM by Howard Bashman



"Posner on class actions: Minuscule damages shouldn't doom cases." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 05:14 PM by Howard Bashman


"Judges seem skeptical of truck makers' arguments against EPA penalty rule": Jeremy P. Jacobs of Greenwire has this report.
Posted at 04:36 PM by Howard Bashman


"New deal may double the number of Eleventh Circuit judges named 'Pryor' or 'Carnes.'" William Baude had this tweet earlier today linking to a post titled "Judge happenings" that David Oscar Markus has today at his "Southern District of Florida Blog."

R. Robin McDonald of The Daily Report of Fulton County, Georgia has more details in an article headlined "A Deal on the Table for Federal Judge Appointments? Georgia lawyers say Chambliss, Isakson and state Democrats wait for OK from Obama" (registration may be required for free access).
Posted at 04:22 PM by Howard Bashman



Divided three-judge Eleventh Circuit panel addresses whether a magistrate judge has subject-matter jurisdiction to enter a final judgment in a class action without first obtaining the consent of the absent members of the class: You can access yesterday's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 07:42 AM by Howard Bashman


Tuesday, September 10, 2013

"Guantanamo judge makes secret ruling on secret motion in secret hearing": Carol Rosenberg of The Miami Herald has this report.
Posted at 09:00 PM by Howard Bashman


"Privacy lawsuit against Google over Street View project can proceed": Howard Mintz of The San Jose Mercury News has this update.

Reuters reports that "Google loses bid to dismiss lawsuit over Street View."

Bloomberg News reports that "Google Must Face Wiretap Act Claims in Lawsuit Over Streetview."

At Wired.com's "Threat Level" blog, David Kravets has a post titled "Google's Wi-Fi Sniffing Might Break Wiretap Law, Appeals Court Rules."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Google Street View Must Face Wiretap Claims."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 02:10 PM by Howard Bashman



"Sixth Circuit Posts Argument Audio Online": Michelle Olsen has this post today at her "Appellate Daily" blog.
Posted at 12:03 PM by Howard Bashman


"Prop. 36's '3 strikes' change working, lawyers say": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 08:24 AM by Howard Bashman


Yesterday, the Tenth Circuit ruled on an appeal challenging whether amendments to Utah's Sexual Solicitation Statute were overly broad, unconstitutionally vague, or infringed on the right of free speech under the First Amendment: The opinion identified the appellants as three escort services licensed as sexually oriented businesses.

You can access yesterday's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 08:04 AM by Howard Bashman



"Judges Hear Arguments on Rules for Internet": Edward Wyatt has this article in today's edition of The New York Times.

The Washington Post reports that "Appeals court skeptical of FCC's Internet access rules."

In today's edition of The Wall Street Journal, Ryan Knutson and Brent Kendall have an article headlined "Appeals Court Voices Concern About FCC Rule; In 'Net Neutrality' Case, Judges Dubious About Antidiscrimination Provision." You can freely access the full text of the article via Google News.

Reuters reports that "Verizon and regulators clash on internet rules."

c|net News reports that "Federal judges may be ready to rule against Net neutrality; A panel in a federal court indicates it may strike down part of the law that stops ISPs from discriminating against certain Web sites."

And The Hill has a blog post titled "Appeals court judges voice skepticism of FCC net-neutrality rules."

You can access via this link the audio of yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit.
Posted at 08:02 AM by Howard Bashman



"The Border Is a Back Door for U.S. Device Searches": This article appears today in The New York Times.
Posted at 07:40 AM by Howard Bashman


Monday, September 9, 2013

"UGA welcomes unique panel of SCOTUS-reporting veterans": The Red & Black, the student newspaper of the University of Georgia, has this report.
Posted at 09:58 PM by Howard Bashman


"Your cellphone: private or not?" Richard Wolf will have this article in Tuesday's edition of USA Today.
Posted at 04:32 PM by Howard Bashman


"Same-sex marriage fuels debate over path to change": Bob Egelko of The San Francisco Chronicle has this report.
Posted at 04:08 PM by Howard Bashman


"California officials reach deal to seek compliance with prison order": The Los Angeles Times has this news update.

And The Associated Press reports that "Leaders seek to avoid early Calif. inmate releases."
Posted at 04:05 PM by Howard Bashman



"Federal court rejects death row inmate's IQ appeal": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 04:02 PM by Howard Bashman


"The unexpected afterlife of a Supreme Court wiretapping opinion": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 04:00 PM by Howard Bashman


The D.C. Circuit has begun providing same-day, free online access to its oral argument recordings: You can access the audio of today's oral arguments via this link.
Posted at 01:28 PM by Howard Bashman


"Finally, we conclude that the district court abused its discretion in making Lundquist jointly and severally liable for all of Amy's losses." The U.S. Court of Appeals for the Second Circuit today issued a ruling addressing the question of criminal restitution in a child pornography case involving the same images as were involved in the other In re Amy Unknown cases.

The U.S. Supreme Court has already agreed to resolve this issue, which was already the subject of a circuit split, in a case scheduled for oral argument during the October 2013 Term.
Posted at 11:00 AM by Howard Bashman



"From guns to gay marriage, N.J. Supreme Court could hear trove of major cases": The Newark (N.J.) Star-Ledger has this report.
Posted at 10:38 AM by Howard Bashman


"Justice Ginsburg on Supreme Court Rulings and Political Activism": C-SPAN has posted online at this link the video of Justice Ruth Bader Ginsburg's interview, conducted by law professor Jeffrey Rosen, last Friday evening at the National Constitution Center.
Posted at 10:37 AM by Howard Bashman


"SCOTUSblog: Supreme Court Coverage and Cases." Live video of today's event at the University of Georgia can be accessed via this link.
Posted at 10:35 AM by Howard Bashman


"Verizon-F.C.C. Court Fight Takes On Regulating Net": This article, about a case scheduled for oral argument today at the U.S. Court of Appeals for the D.C. Circuit, appears today in The New York Times.
Posted at 07:05 AM by Howard Bashman


Sunday, September 8, 2013

"Court appointment adds fuel to conservatives' fire to change selection process": Dion Lefler has this article today in The Wichita Eagle.
Posted at 11:54 PM by Howard Bashman


"Judge Wilkins Faces Different Senate Confirmation Process": Todd Ruger had this post last Thursday at "The BLT: The Blog of Legal Times."
Posted at 11:52 PM by Howard Bashman


"Departing Jefferson reflects on his path": In today's edition of The San Antonio Express-News, Peggy Fikac has an article that begins, "Texas Supreme Court Chief Justice Wallace Jefferson, who is stepping down from the post that shattered barriers with his occupancy, is part of the complicated story of race in this state and country."
Posted at 11:40 PM by Howard Bashman


"Elizabeth Warren assails Supreme Court as too far right": Politico.com has this report.
Posted at 11:35 PM by Howard Bashman


"Goodwin Liu isn't the left winger critics painted him to be": Susan Sward has this essay in today's edition of The Sacramento Bee.
Posted at 11:34 PM by Howard Bashman


"Sears, Whirlpool ask SCOTUS to eviscerate consumer class actions": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 09:25 AM by Howard Bashman


"At Houston lecture, Scalia explores Christian virtues and economic system": This article appeared yesterday in The Houston Chronicle.
Posted at 09:24 AM by Howard Bashman


"Housing discrimination case puts high court on hot seat; Civil rights groups, fearing another devastating loss in court, hope for a settlement in a Mount Holly, N.J., housing dispute": Richard Wolf of USA Today has this report.
Posted at 09:22 AM by Howard Bashman


Saturday, September 7, 2013

"TN Supreme Court sides with grandparents on visitation": Today's edition of The Tennessean contains this article.

You can access yesterday's ruling of the Supreme Court of Tennessee at this link. And the court issued a summary of the decision titled "Supreme Court Ruling Puts Parents, Grandparents on Equal Footing When Modifying Grandparent Visitation."
Posted at 01:26 PM by Howard Bashman



"SCOTUSblog-creating couple to impart supreme court wisdom at UGA": The Red & Black, the student newspaper of the University of Georgia, has this report.
Posted at 01:22 PM by Howard Bashman


"Inmate lawyers ask U.S. Supreme Court to refuse Gov. Brown's appeal": The Los Angeles Times has this report.
Posted at 01:20 PM by Howard Bashman


"Dusten Brown files 2nd appeal with Oklahoma Supreme Court in Baby Veronica case": This front page article appears today in The Tulsa World.
Posted at 01:18 PM by Howard Bashman


"The Supreme Court and Ed Corsi's Life of Political Crime: How one Ohio man's blog on politics got him in trouble with campaign-finance law." Bradley Smith has this op-ed today in The Wall Street Journal.
Posted at 01:15 PM by Howard Bashman


"Affirmative Action, Labor Law, International Suits Lead Supreme Court's Business Docket": Daniel Fisher has this post at Forbes.com.
Posted at 01:14 PM by Howard Bashman


"Fight to the Death: In 1972 an awful backroom compromise kept the Supreme Court from abolishing the death penalty." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 01:12 PM by Howard Bashman


"Abortion providers challenging Louisiana law suffer setback at 5th Circuit": The Times-Picayune of New Orleans has this report on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued on Wednesday.

And in other coverage, Courthouse News Service reports that "Louisiana Can Tackle Abortion Via Insurance."
Posted at 11:02 AM by Howard Bashman



"Setback for R.J. Reynolds in decision emerging from class-action suit": This article appears today in The Winston-Salem Journal.

And Bloomberg News reports that "Florida Tobacco Ruling Applies in Federal Cases."

You can access yesterday's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 10:48 AM by Howard Bashman



"Ruth Bader Ginsburg speaks at Constitution Center": Chris Mondics has this article today in The Philadelphia Inquirer.

And The Associated Press has a report headlined "Ginsburg: Gay marriage shows Constitution's genius."
Posted at 10:36 AM by Howard Bashman



Friday, September 6, 2013

"EPA air cases on deck as Obama appointee joins D.C. Circuit bench": Jeremy P. Jacobs of Greenwire has this report.
Posted at 04:16 PM by Howard Bashman


"Biden says Napolitano deserves high court seat": The Associated Press has this report.
Posted at 04:00 PM by Howard Bashman


"Surprise! The Law of Subject Matter Eligibility Remains Unsettled." Jason Rantanen has this post at "Patently-O" about a ruling that the U.S. Court of Appeals for the Federal Circuit issued yesterday.
Posted at 01:06 PM by Howard Bashman


"BP Spill Accord Appeal Fast-Tracked by New Orleans Court": Bloomberg News has this report.
Posted at 01:00 PM by Howard Bashman


Access online today's adult entertainment ruling of the U.S. Court of Appeals for the Sixth Circuit: The ruling, which you can access here, involves millionaire parties conducted at a topless bar.
Posted at 12:58 PM by Howard Bashman


"Federal appeals court upholds Michigan law restricting use of project labor agreements": The Detroit Free Press has this news update reporting on the ruling a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 12:54 PM by Howard Bashman


Applying the Securing the Protection of our Enduring and Established Constitutional Heritage ("SPEECH") Act designed to thwart libel tourism, the Fifth Circuit yesterday affirmed a federal district court's refusal to enforce a Canadian defamation judgment: You can access yesterday's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 10:30 AM by Howard Bashman


"Alabama Supreme Court ruling isolates grandparents, deals blow to children's rights ": At AL.com, Jimmy Sandlin has an essay that begins, "The Alabama Supreme Court recently decided that children have very few individual rights relating to their associations."
Posted at 08:40 AM by Howard Bashman


"Former Pennsylvania Supreme Court justice will help defend marriage law in federal lawsuit": The Patriot-News of Harrisburg, Pennsylvania has this report.

And today's edition of The Philadelphia Inquirer reports that "Corbett hires Chesco lawyer for same-sex marriage case."
Posted at 08:32 AM by Howard Bashman



"Expert on U.S. Supreme Court to lecture Sept. 25 at MSU": Montana State University has issued this news release.
Posted at 08:30 AM by Howard Bashman


"Fumo appeals to U.S. Supreme Court": This article appears today in The Philadelphia Daily News.
Posted at 08:27 AM by Howard Bashman


"Justice Ginsburg visits Constitution Center Friday": The Associated Press has this report.

Additional information on this evening's event, including a link to the live video feed, can be accessed here.
Posted at 08:26 AM by Howard Bashman



Thursday, September 5, 2013

"The Incredible Case Of The Bank Robber Who's Now A [D.C. Circuit] Law Clerk": This audio segment appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 10:20 PM by Howard Bashman


"Govt. to declassify some secret court opinions": The Associated Press has this report.
Posted at 02:56 PM by Howard Bashman


"'22 Lewd Chinese Women' and Other Courtroom Dramas: A U.S. circuit judge brings historic Asian-American trials back to life." Elizabeth Yuan has this essay online at The Atlantic.
Posted at 01:18 PM by Howard Bashman


"Baby Veronica case: Dusten Brown released from custody." The Tulsa World has a news update that begins, "Baby Veronica's biological father was released from custody and ordered to return to court despite a governor's warrant for him to be extradited to South Carolina."

And The Post and Courier of Charleston, South Carolina has a news update headlined "Dusten Brown released from Oklahoma jail despite protests from Sooner State sheriff."
Posted at 01:14 PM by Howard Bashman



"Appeals court: NY state gets 19th century schooner." The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 11:20 AM by Howard Bashman


"Our oft-stated rule against judicial revision of statutes finds plenty of anchor weight in the bedrock principle that we are a country of laws, not one ruled by the musings, whether pragmatic or otherwise, of the black-robed class." So writes Chief Judge Ed Carnes of the U.S. Court of Appeals for the Eleventh Circuit in a ruling issued today addressing the "in writing" requirement that Congress imposed in the Telecommunications Act of 1996 on a local government's denial of a request to build a cell phone tower.

Today's ruling appears to perpetuate a circuit split on the issue, so perhaps U.S. Supreme Court review (and many more cell phone towers) may be on the horizon.
Posted at 11:07 AM by Howard Bashman



"Christie says Supreme Court justice Helen Hoens would not get a fair hearing": MaryAnn Spoto of The Newark (N.J.) Star-Ledger has this report.
Posted at 09:55 AM by Howard Bashman


"SCOTUS's next big privacy issue: Can police seize smartphones?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 08:50 AM by Howard Bashman


"The Enduring Legacy of Charles Hamilton Houston: The Winding Road of the 2013 Supreme Court Decisions." Harvard Law School hosts this event today.

And in related coverage, The Associated Press reports that "Clemson, Harvard participating in symposium on implications of US Supreme Court decisions."
Posted at 08:47 AM by Howard Bashman



"Louisiana Supreme Court hears argument on parole for juvenile killers": The Times-Picayune of New Orleans has this report.
Posted at 08:42 AM by Howard Bashman


"Jim Thorpe, Pa., fights to keep body of namesake": The Associated Press has this report on an appeal now pending before the U.S. Court of Appeals for the Third Circuit.
Posted at 08:37 AM by Howard Bashman


"The Next Abortion Case Is Here": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 08:16 AM by Howard Bashman


"Albuquerque Becomes Latest Focal Point in Abortion Wars": Erik Eckholm has this article today in The New York Times.
Posted at 08:15 AM by Howard Bashman


Wednesday, September 4, 2013

"Baby Veronica case: Fallin signs extradition order for Dusten Brown." The Tulsa World has a news update that begins, "Saying the biological father of Baby Veronica is 'not acting in good faith,' Gov. Mary Fallin has signed an extradition order to South Carolina for Dusten Brown, her office announced Wednesday."

The Post and Courier of Charleston, South Carolina has a news update headlined "Oklahoma governor orders extradition of Veronica's birth father."

And The Associated Press reports that "Okla. gov. signs order for Cherokee girl's dad."
Posted at 11:34 PM by Howard Bashman



"U.S. Supreme Court Justice Antonin Scalia to speak at Mark Lanier's theological library": Brenda Sapino Jeffreys has this post at the "Tex Parte Blog" of Texas Lawyer.
Posted at 07:33 PM by Howard Bashman


"Cebull misconduct review headed to national committee; 9th Circuit's July 2 order remains under seal": The Great Falls Tribune has a news update that begins, "The results of a long-running investigation into misconduct allegations against former chief U.S. District Judge Richard Cebull remain under seal as the matter heads to a national panel for review."
Posted at 07:32 PM by Howard Bashman


"California immigrant's law license bid appears in doubt": Howard Mintz of The San Jose Mercury News has an update that begins, "Boxed in by federal law, the California Supreme Court on Wednesday appeared unlikely to allow immigrants to be licensed to practice law unless they've secured legal immigration status first."

And Maura Dolan of The Los Angeles Times has a news update headlined "State top court may deny law license to immigrant without green card."

The Supreme Court of California has posted the video of today's oral argument online at YouTube, and you can access that video by clicking here.
Posted at 04:55 PM by Howard Bashman



En banc Seventh Circuit orders new trial on criminal convictions obtained on "stated income" mortgage loans: I had this post about the case on the day the Seventh Circuit granted rehearing en banc, noting that Chief Judge Frank H. Easterbrook had written the majority opinion, while Circuit Judge Richard A. Posner had issued a dissent.

In an en banc ruling issued today, the tables have turned.
Posted at 04:42 PM by Howard Bashman



"Gay marriage debate enters court as sides debate who has authority to stop court clerk from issuing marriage licenses to gay couples": The Patriot-News of Harrisburg, Pennsylvania has this news update, together with a news update headlined "Marriage license hearing draws proponents on both sides of issue."

The Associated Press reports that "Judge vows quick Pa. same-sex marriage case ruling."

And Bloomberg News reports that "Pennsylvania Court Hears Same-Sex Marriage Ban Challenge."
Posted at 04:25 PM by Howard Bashman



"Time Warner Cable Wins Ruling on Independent Programming": Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.

And at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Appeals Court Vacates FCC's Program Carriage Standstill Rule; Cable companies get a small victory in the ongoing scuffle with programmers just days after the CBS and Time Warner Cable standoff came to a close."
Posted at 04:02 PM by Howard Bashman



"Court asked to uphold BP settlement approval": The Associated Press has this report.
Posted at 02:00 PM by Howard Bashman


"Mass. court hears Pledge of Allegiance challenge": The Associated Press has a report that begins, "A family asked Massachusetts' highest court Wednesday to ban the daily practice of reciting the Pledge of Allegiance in public schools, arguing that the words 'under God' in the pledge discriminate against atheists."
Posted at 01:56 PM by Howard Bashman


"Court: Ohio can seek death penalty in 1993 murder." Amanda Lee Myers of The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 01:10 PM by Howard Bashman


"Henry Putzel Jr., Supreme Court 'reporter of decisions' and civil rights lawyer, dies at 99": The Washington Post has an obituary that begins, "Henry Putzel Jr., a civil rights lawyer during the era of U.S. Supreme Court-ordered desegregation who later worked for the high court editing and polishing its rulings and opinions, died Sept. 2 at his home in Peterborough, N.H."
Posted at 01:03 PM by Howard Bashman


Tuesday, September 3, 2013

"ASU loses appeal in sexual harassment ruling": The Montgomery Advertiser has this news update reporting on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today.

The opinion begins, "The facts of this case should greatly concern every taxpaying citizen of the State of Alabama, especially because it involves a public institution largely funded with tax dollars paid by the people of Alabama."
Posted at 11:02 PM by Howard Bashman



"Courts Split Over Ruling on Juvenile Life Sentences; Confusion on 2012 Decision Creates a Legal Limbo for Inmates, Their Lawyers": Ashby Jones will have this article in Wednesday's edition of The Wall Street Journal.

You can freely access the full text of the article via Google News.
Posted at 10:28 PM by Howard Bashman



"BP plays Twister in latest Deepwater Horizon appellate brief": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 05:32 PM by Howard Bashman


"An Elected Judge Speaks Out Against Judicial Elections: Justice Don Willett of the Texas Supreme Court has no trouble winning votes; But here's why he thinks the whole system is wrong." Andrew Cohen has this essay online at The Atlantic.
Posted at 03:33 PM by Howard Bashman


"Apple ITunes Antitrust Lawsuit Dismissal Upheld by Court": Karen Gullo of Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.

Update: In other coverage, at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Apple Consumers Sing Antitrust Blues."
Posted at 02:35 PM by Howard Bashman



"Appeals court deals blow to Drakes Bay Oyster Co." Bob Egelko of The San Francisco Chronicle has this news update.

Mark Prado of The Marin Independent Journal has a news update headlined "9th U.S. Circuit Court of Appeals rules against the Drakes Bay Oyster Co."

The Press Democrat of Santa Rosa, California has a news update headlined "Appeals court rules against Drakes Bay Oyster Company."

And The Associated Press reports that "Federal court upholds Calif. oyster farm eviction."

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

Update: In other coverage, at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Court Rejects Oyster Farm's Latest Appeal."
Posted at 02:33 PM by Howard Bashman



"High Court to Consider Pay for Suiting Up; Steelworkers Case Concerns Time Spent Donning Protective Gear": Jess Bravin has this article today in The Wall Street Journal.
Posted at 01:04 PM by Howard Bashman


In the September 2013 issue of California Lawyer magazine: Eric Berkowitz has an article headlined "Defending the Faithful: A one-of-a-kind law school clinic stands up for religious freedom."

And law professor Douglas W. Kmiec has an essay titled "Eyeballing Equality" that begins, "Although many commentators predicted that the 2012-13 term of the U.S. Supreme Court would be a blockbuster, now that we have the opinions in hand, it doesn't look that way to me."
Posted at 12:14 PM by Howard Bashman



"A Refreshingly Honest Book About Affirmative Action: Randall Kennedy admits it helped him -- and proves why we need it." Online at The New Republic, Richard D. Kahlenberg has this review of law professor Randall Kennedy's new book, "For Discrimination: Race, Affirmative Action, and the Law."
Posted at 12:08 PM by Howard Bashman


"Second Circuit panel hints that SORNA might be subject to some Commerce Clause challenges": At his "Sentencing Law and Policy" blog, Douglas A. Berman has this post on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 12:03 PM by Howard Bashman


"Oklahoma Supreme Court takes up Veronica case after lower judge orders custody change": The Post and Courier of Charleston, South Carolina has a news update that begins, "A court order for Matt and Melanie Capobianco to immediately get custody of Veronica, the girl they adopted, was halted by the Oklahoma Supreme Court, according to records made available this morning."

And The Associated Press reports that "OK Supreme Court issues stay in custody case."
Posted at 10:40 AM by Howard Bashman



"Abortion Clinics Close at Record Pace After States Tighten Rules": Bloomberg News has this report.
Posted at 10:28 AM by Howard Bashman


"Illegal immigrant's bid for California law license heads to court": Howard Mintz has this front page article today in The San Jose Mercury News.

According to the article, "After years of waiting, Sergio Garcia, a Chico man who has secured his law degree but not his U.S. citizenship, on Wednesday will be at the center of closely watched legal arguments in the California Supreme Court."
Posted at 09:26 AM by Howard Bashman



"Website: Texas chief justice Jefferson will resign Oct. 1." Chuck Lindell of The Austin American-Statesman has this report.

Update: The Dallas Morning News has now made freely available an article headlined "Exclusive: Texas Chief Justice Wallace Jefferson to resign Oct. 1."

And the Supreme Court of Texas has issued a news release headlined "Chief Justice Jefferson Announces His Resignation."
Posted at 09:22 AM by Howard Bashman



"Back to the Supreme Court": Online today at Inside Higher Ed, Scott Jaschik has an article that begins, "A U.S. Supreme Court ruling in June kept alive the right of colleges and universities to consider race in admissions. But in some states -- starting with California in 1996 -- voters have taken away that right, barring public colleges and universities from considering race and ethnicity in admitting students."
Posted at 09:20 AM by Howard Bashman


"Would-be voters are exasperated by Kansas' new registration law": Brad Cooper has this front page article today in The Kansas City Star.
Posted at 09:12 AM by Howard Bashman


"Ginsburg's Unseemly Attack on 'Activist' Court": Kenneth Jost has this post today at his blog, "Jost On Justice."
Posted at 09:08 AM by Howard Bashman


Monday, September 2, 2013

"Food Fight: Bay Area courts center of legal battle against food industry." Howard Mintz has this article today in The San Jose Mercury News.
Posted at 01:20 PM by Howard Bashman


Sunday, September 1, 2013

"Eric Holder's Suit Against Texas Gives the Supreme Court a Chance to Gut Even More of the Voting Rights Act": Law professor Jeffrey Rosen has this essay online at The New Republic.
Posted at 10:50 PM by Howard Bashman


"Surprising Friend of Gay Rights in a High Place": Adam Liptak will have this article in Monday's edition of The New York Times.
Posted at 10:20 PM by Howard Bashman


"Fourth Court of Appeals declares Texas improper photography law unconstitutional; Statute makes it state felony to record, photograph another without their consent to arouse or gratify sexual desire of another": KSAT 12 News of San Antonia has this report.

And WOAI NBC News Channel 4 San Antonio reports that "Improper photography statute found unconstitutional."

You can access Friday's ruling of the Fourth Court of Appeals of Texas at this link.
Posted at 01:40 PM by Howard Bashman



"Supreme Court Justice Ginsburg officiates at same-sex marriage": NBC News has this report.
Posted at 01:24 PM by Howard Bashman


"Landmark gay marriage hearing approaches in Pa." The Associated Press has this report.
Posted at 01:18 PM by Howard Bashman


"Under the U.S. Supreme Court: Will court change church-state equation?" Michael Kirkland of UPI has this report.
Posted at 08:54 AM by Howard Bashman






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