How Appealing

Thursday, October 31, 2013

"In removing stop-and-frisk judge, U.S. court enters rare territory": Joseph Ax and Julia Edwards of Reuters have this news analysis.
Posted at 11:47 PM by Howard Bashman


"New conflict on RU-486 abortions": Lyle Denniston has this post at "SCOTUSblog."
Posted at 11:46 PM by Howard Bashman


"Arizona abortion restrictions backed by 16 other states": In Friday's edition of The Arizona Daily Star, Howard Fischer will have an article that begins, "Officials from 16 states are lining up behind Arizona's bid to enforce its year-old ban on abortions at or after 20 weeks of pregnancy."
Posted at 11:45 PM by Howard Bashman


"The Millett Nomination: A Case in Reverse Affirmative Action by Senate Republicans; Republicans on Thursday blocked another Obama judicial-appointee." Andrew Cohen has this essay online at The Atlantic.
Posted at 09:04 PM by Howard Bashman


"The Preposterous Removal of Judge Scheindlin": Jeffrey Toobin has this blog post online at The New Yorker.
Posted at 08:09 PM by Howard Bashman


"Appeals court lifts ban on Texas abortion law": Chuck Lindell of The Austin American-Statesman has this news update.

The San Antonio Express-News has an update headlined "Court: Texas abortion law can take effect."

The Associated Press reports that "Court reinstates most Texas' abortion restrictions."

Bloomberg News reports that "Texas Wins Emergency Delay, Can Enforce Abortion Limits."

And The Texas Tribune reports that "5th Circuit Reverses Ruling on TX Abortion Regulations."

You can access today's stay ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 08:03 PM by Howard Bashman



"Is the Constitution Written Like the Da Vinci Code? That's the ridiculous argument libertarians are making in the chemical weapons case before the Supreme Court." Law professor Eric Posner has this essay online at Slate.
Posted at 04:56 PM by Howard Bashman


"Tentative Deal Reached in Civil-Rights Case Headed for Supreme Court; Agreement Could Spare Antidiscrimination Law Justices' Scrutiny": Jess Bravin and Robbie Whelan of The Wall Street Journal have a news update that begins, "Parties to a major civil-rights case before the Supreme Court have reached a tentative settlement, people involved in the dispute said Thursday, potentially sparing a pillar of antidiscrimination law from being overruled by the high court's majority conservatives."
Posted at 04:15 PM by Howard Bashman


"Court blocks ruling on NY police stop-frisk policy": The Associated Press has a report that begins, "A federal appeals court on Thursday blocked a judge's order requiring changes to the New York Police Department's stop-and-frisk program and removed the judge from the case."

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

Update: In other coverage, Joseph Goldstein of The New York Times reports that "Court Blocks Stop-and-Frisk Changes for New York Police."

And The New York Daily News reports that "Federal appeals court blocks judge's ruling on stop-and-frisk, removes her from case."
Posted at 04:11 PM by Howard Bashman



"What moves the Supreme Court's 'swing' justices?" Cornell Chronicle has this report today. The article reports on a study titled "The Swing Justice" that appeared in last month's issue of the Journal of Politics.
Posted at 04:05 PM by Howard Bashman


"'Fredo' Gonzales lands new gig in Nashville": Al Kamen of The Washington Post has this entry today at his "In the Loop" blog.
Posted at 03:58 PM by Howard Bashman


"With rehearing of Yucca Mountain case denied, state unlikely to appeal to Supreme Court; Nuclear Regulatory Commission says it doesn't have enough money to pursue licensing, but state will wait to see how agency proceeds": The Las Vegas Sun has this report.
Posted at 03:56 PM by Howard Bashman


"TV cameras allowed into Court of Appeal": BBC News has this report, which provides video of "[t]he moment broadcasting began from the Court of Appeal."

And The Associated Press reports that "TV cameras go live in UK's Court of Appeal."
Posted at 03:54 PM by Howard Bashman



"Senate Republicans Block 2 Obama Nominees": The New York Times has this news update.

The Washington Post has a news update headlined "Senate GOP filibusters two Obama nominees."

Bill Lambrecht of The St. Louis Post-Dispatch has a blog post titled "Metro East nominee blocked in fight over powerful DC court."

Tom Curry, national affairs writer for NBC News, reports that "Senate filibuster battle resumes over Obama nominees."

Bloomberg News reports that "Republicans Reignite Filibuster Fight by Blocking Picks."

Jennifer Bendery of The Huffington Post reports that "Patricia Millett, Key Obama Nominee, Filibustered By Senate Republicans."

Politico.com reports that "Nomination drama returns to Senate."

And at "The BLT: The Blog of Legal Times," Todd Ruger has a post titled "Senate Blocks Patricia Millett's Nomination to D.C. Circuit."
Posted at 03:38 PM by Howard Bashman



"Legal Battle Likely to Keep Abortion in Spotlight Through 2014": The Texas Tribune has this audio report.
Posted at 01:32 PM by Howard Bashman


"Senate GOP blocks Obama pick for key federal court": The Associated Press has this report.

Stephen Dinan of The Washington Times has a news update headlined "Senate GOP blocks key Obama judge, signals renewed fight over court nominees."

The Hill has a blog post titled "Republicans block Obama's DC Circuit nominee."

And Roll Call has a blog post titled "Republicans FiIibuster Watt, Millett as Nomination Fights Brew."

The U.S. Senate's official roll call vote tally can be accessed here.
Posted at 01:04 PM by Howard Bashman



"The judiciary and free speech": Columnist George F. Will has this op-ed in The Washington Post.
Posted at 11:54 AM by Howard Bashman


"Senators clash over Obama judge and housing picks": The Associated Press has a report that begins, "Republicans accused Democrats of trying to turn an influential federal court into a rubber stamp for President Barack Obama's policies as a showdown approached over Senate confirmation for a nominee to that court."
Posted at 11:32 AM by Howard Bashman


"Anonymous Blawg Review Editor Dies": Robert Ambrogi had this post yesterday at his "LawSites" blog. Additional details are available via Tweets posted yesterday at the blawgreview Twitter feed.

In July 2006, I had the pleasure of hosting "Blawg Review #64."
Posted at 11:14 AM by Howard Bashman



"Give Patricia Millett the Pay Cut She Deserves": Doug Kendall has this blog entry online today at The Huffington Post.
Posted at 11:08 AM by Howard Bashman


"Gannett Weekly Found Guilty of Defamation; Judge orders $100,000 in damages for newspaper's defaming of police officer": In August 2012, Cincinnati CityBeat had this blog post.

Today, the majority on a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued this decision affirming the district court's judgment.
Posted at 10:58 AM by Howard Bashman



"Will The U.S. Supreme Court Defend Free Speech For The Little Guy?" Paul Sherman of the Institute for Justice has this post at Forbes.com.
Posted at 10:50 AM by Howard Bashman


"Should This Inmate Get a State-Financed Sex Change Operation? What we owe a murderer." Nathaniel Penn has this article in the November 11, 2013 issue of The New Republic.
Posted at 10:47 AM by Howard Bashman


"Court overturns multimillion-dollar award in 2 Virginia Tech students' deaths": The Roanoke Times has this news update.

The Richmond Times-Dispatch has a news update headlined "Va. Supreme Court overturns Va. Tech shooting verdict."

And The Associated Press reports that "Justices reverse wrongful death Va. Tech verdict."

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

Update: In other coverage, Reuters reports that "State high court says Virginia Tech not negligent in 2007 massacre."
Posted at 10:44 AM by Howard Bashman



"If retained, Chief Justice Castille vows ethics push": In today's edition of The Philadelphia Inquirer, Craig R. McCoy has a front page article that begins, "Chief Justice Ronald D. Castille of the Pennsylvania Supreme Court said Wednesday that if reelected next week, he would push to ban judges from hiring relatives or hearing cases brought by lawyers who have made substantial contributions to their campaigns."
Posted at 10:33 AM by Howard Bashman


Yesterday was quite a busy opinion hand-down day for the Supreme Court of Pennsylvania: Yesterday, Pennsylvania's highest court issued a total of 18 rulings in cases that had previously been accepted for review on the merits. You can access the rulings via that court's Twitter feed.

By my calculation, one decision issued yesterday had been pending for decision over three years since it was first argued or submitted, three other cases were pending over two years since they were first argued or submitted, and another seven cases were pending over one year since they were first argued or submitted.
Posted at 09:25 AM by Howard Bashman



"Sandusky lawyer asks state Supreme Court to review conviction; He'd argue that judge should have told jurors to consider how long victims waited to report abuse": Peter Hall has this article today in The Morning Call of Allentown, Pennsylvania.
Posted at 09:10 AM by Howard Bashman


"GOP Threatens Mass Blockade Of Obama's Top Judges": Sahil Kapur of TPM DC has this report.
Posted at 08:55 AM by Howard Bashman


Wednesday, October 30, 2013

"Pennsylvania Supreme Court limits new sentences for juvenile lifers; They rule landmark case does not apply to those who have run out of appeals": Peter Hall and Riley Yates of The Allentown Morning Call have this news update.

And Adam Brandolph of The Pittsburgh Tribune-Review has a news update headlined "State Supreme Court ruling stops possible parole for juvenile murderers."

This post of mine from earlier today provides links to the Supreme Court of Pennsylvania's ruling.
Posted at 11:30 PM by Howard Bashman



"Texas Court: OK to 'talk dirty' to minors." The Houston Chronicle has a news update that begins, "Talking dirty to minors, just like Miley Cyrus 'twerking' on MTV or Janet Jackson having a 'wardrobe malfunction' during prime time, is constitutionally protected free speech, the highest criminal court in Texas ruled Wednesday."

You can access today's ruling of the Court of Criminal Appeals of Texas at this link.
Posted at 11:02 PM by Howard Bashman



"Does the Treaty Power Threaten Our System of Limited Government?" The Heritage Foundation hosted this event (link providing video access) earlier today, featuring both U.S. Senator Ted Cruz (R-TX) and law professor Nicholas Quinn Rosenkranz.
Posted at 09:58 PM by Howard Bashman


"'Choose Life' or 'Kill the Sea Turtles'? ACLU, North Carolina argue over special license tags": The Charlotte Observer has this news update.

And The Associated Press reports that "Appeals court in Virginia hears arguments in North Carolina 'Choose Life' license plate case."
Posted at 09:18 PM by Howard Bashman



"When Judges Don't Know Everything": Linda Greenhouse will have this op-ed in Thursday's edition of The New York Times.

And at The Huffington Post, law professor Eric Segall has a blog entry titled "Judge Posner and Judicial Humility."
Posted at 09:07 PM by Howard Bashman



"Senate resumes fight over Obama nominees": This article will appear in Thursday's edition of The Washington Post. The newspaper will also contain an editorial titled "Stripping a court as a political ploy."

CNN.com reports that "Senate poised for battle over Obama nominees."

And at The Huffington Post, law professor Sidney Shapiro has a blog entry titled "Senate Republicans Opposed to D.C. Circuit Court Nominees: Screaming Through Their Hats."
Posted at 08:52 PM by Howard Bashman



"TV cameras allowed into UK Court of Appeal": The Associated Press has a report that begins, "Television cameras will be allowed in one of Britain's highest courts for the first time from Thursday, partially lifting a ban on filming in court that has been in place for almost a century."
Posted at 08:44 PM by Howard Bashman


Access online the video of yesterday's panel discussion at the National Press Club titled "The New Politics of Judicial Elections 2011-12": Last Friday, I had this post linking to the underlying report. You can view the video of the panel discussion by clicking here.
Posted at 03:40 PM by Howard Bashman


Miller v. Alabama -- prohibiting the imposition of a mandatory life sentence, without the possibility of parole, for a murder committed by a juvenile -- does not apply to an already final judgment, the Pa. Supreme Court has ruled today by a vote of 4-to-3: Today's ruling of the Supreme Court of Pennsylvania consists of a majority opinion, a concurring opinion, and a dissenting opinion.
Posted at 03:04 PM by Howard Bashman


"What Americans Don't Understand About the Death Penalty: Support for capital punishment has hit an all-time low, according to a new Gallup poll; But the public still has a lot to learn about how unjustly the sentence is applied." Andrew Cohen has this essay online at The Atlantic.
Posted at 02:44 PM by Howard Bashman


"Retired U.S. Supreme Court justice to speak at freedom of the press conference": UGA Today has issued a news release that begins, "The University of Georgia School of Law will welcome retired U.S. Supreme Court Justice John Paul Stevens on Nov. 6 as the keynote speaker for a daylong conference titled 'The Press and the Constitution 50 Years after New York Times v. Sullivan.'"

Additional information about the event can be accessed here.
Posted at 01:48 PM by Howard Bashman



"The Supreme Court and the Perils of Advocacy Science: Examples from the Schuette Oral Argument on Affirmative Action." The Brookings Institution has posted online this essay by law professor Richard Lempert.
Posted at 01:44 PM by Howard Bashman


"Toppled Ten Commandments back in place near Supreme Court": The Washington Times has this report.
Posted at 01:42 PM by Howard Bashman


"U.S. Supreme Court to hear Greece prayer case next week": This article appears today in The Rochester (N.Y.) Democrat and Chronicle.
Posted at 01:40 PM by Howard Bashman


"GOP takes aim at Metro East native in D.C. judicial nomination fight": Bill Lambrecht has this article today in The St. Louis Post-Dispatch.

James Rowley and Greg Stohr of Bloomberg News report that "Judicial Confirmation Clash Looms Over Obama's Nominees."

Burgess Everett of Politico.com has reports headlined "Harry Reid on D.C. judge fight: 'Ridiculous'" and "Hold on: Nomination fights return to the Senate."

At FoxNews.com, Shannon Bream reports that "Battle brewing over Obama nominations to crucial DC appeals court."

Jennifer Bendery of The Huffington Post has an article headlined "Patrick Leahy: 'Insurmountable' Push For Filibuster Rules Change If GOP Blocks Obama Nominee."

And at the "Constitution Daily" blog of the National Constitution Center, Lincoln Caplan has a post titled "The Senate showdown about the D.C. Circuit."
Posted at 01:15 PM by Howard Bashman



Tuesday, October 29, 2013

"No immediate decision on Texas abortion law appeal": The Associated Press has this report.
Posted at 10:57 PM by Howard Bashman


"Between Democrats and a Push for Filibuster Change, One Nominee": This article will appear in Wednesday's edition of The New York Times.
Posted at 10:46 PM by Howard Bashman


"Easton Area School District to appeal 'I Heart Boobies' bracelet case to U.S. Supreme Court": The Express-Times of Easton, Pennsylvania has this news update.

The Morning Call of Allentown, Pennsylvania has a news update headlined "Easton schools taking 'boobies' case to U.S. Supreme Court; Solicitor says state, national school groups could pay for fight against the bracelets."

And The Associated Press reports that "'Boobies' bracelet fight heading to Supreme Court."
Posted at 10:44 PM by Howard Bashman



"Public servant loses sex injury compo claim": The Canberra Times of Australia has this news update.

The Age of Melbourne, Australia has a news update headlined "Sex injury compo bid rebuffed by High Court over 'lack of inducements'" that begins, "There are days within the august surrounds of the High Court when even the most sober of Justices might struggle against an injudicious outbreak of levity."

And The Australian has a news update headlined "High Court rules out compensation to public servant injured while having sex in a motel."

You can access Wednesday's ruling of the High Court of Australia at this link.
Posted at 10:38 PM by Howard Bashman



"Ballot Measure on Judicial Retirement Age Is Said to Divide Cuomo and Top Judge": This article will appear in Wednesday's edition of The New York Times.
Posted at 10:23 PM by Howard Bashman


"Oklahoma Court Deems Law a Wide Attack on Abortion": Adam Liptak will have this article in Wednesday's edition of The New York Times.
Posted at 09:05 PM by Howard Bashman


"SeaWorld appeal could force taming of its popular orca shows after trainer's death": Carlyn Kolker of Reuters has a report that begins, "A killer whale, the lawyer-son of a Supreme Court justice and the grisly death of wildlife trainer will play roles in a U.S. appeals court case next month that could forever change marine park operator SeaWorld's marquee entertainment."
Posted at 05:44 PM by Howard Bashman


"NY appeals judges ponder fate of stop-frisk ruling": The Associated Press has a report that begins, "A New York City lawyer has asked a federal appeals panel to suspend a judge's finding that facets of the stop-and-frisk program are unconstitutional."
Posted at 05:30 PM by Howard Bashman


"Nomination fights return to the Senate": Politico.com has this report.

And The Associated Press reports that "Senate clears an Obama pick, other battles brew."
Posted at 05:26 PM by Howard Bashman



"When judges mouth off outside the courtroom": Michael McGough has this essay online at The Los Angeles Times.
Posted at 05:20 PM by Howard Bashman


"U.S. Death Penalty Support Lowest in More Than 40 Years; Sixty percent of Americans favor death penalty for convicted murderers": Gallup issued this news release today.
Posted at 04:48 PM by Howard Bashman


"Democrats, Republicans Spar Over D.C. Circuit": Todd Ruger has this post at "The BLT: The Blog of Legal Times."
Posted at 04:39 PM by Howard Bashman


"Constitutional amendment would let court select chief justice": The Milwaukee Journal Sentinel has a news update that begins, "The state Supreme Court would elect its chief justice and drop the 124-year-old practice of awarding that post by seniority, under a constitutional amendment moving quickly through the Legislature."
Posted at 04:18 PM by Howard Bashman


"Stage set for Supreme Court to rule on abortion-inducing drugs": David G. Savage of The Los Angeles Times has this news update.

USA Today reports that "OKla. top court reaffirms abortion law unconstitutional; The ruling comes one day after a federal judge struck down parts of a Texas abortion law."

And Greg Stohr of Bloomberg News reports that "Oklahoma Supreme Court Says Law Would Ban Pill-Induced Abortions."

My earlier coverage of today's Oklahoma Supreme Court ruling appears at this link.
Posted at 03:42 PM by Howard Bashman



"Who Has The Right To Know Where Your Phone Has Been?" Larry Abramson had this audio segment on today's broadcast of NPR's "Morning Edition."
Posted at 01:50 PM by Howard Bashman


"Barry Bonds asks federal appeals court to rehear his criminal case": Howard Mintz has this article today in The San Jose Mercury News.

And The Associated Press reports that "Barry Bonds asks for reconsideration of conviction."

You can access at this link the petition for rehearing en banc filed yesterday in the U.S. Court of Appeals for the Ninth Circuit.
Posted at 01:48 PM by Howard Bashman



"SCOTUSblog on camera: Donald B. Verrilli, Jr. -- Part five." You can access the video, the fifth of five parts, via this link.
Posted at 01:40 PM by Howard Bashman


"Conversations About the Law Series: Roy T. Englert Jr." Shon R. Hopwood (who may have a series about him on TV before Tom Goldstein does) has this blog post today at "The CockleBur."
Posted at 01:38 PM by Howard Bashman


"Stop-and-Frisk Ruling 'Deeply Flawed,' N.Y. Tells Judges": Bloomberg News has a report that begins, "New York City said a U.S. judge's decision declaring the police department's stop-and-frisk search tactic unconstitutional will jeopardize safety, echoing a debate that has been a focal point in the campaign to succeed Mayor Michael Bloomberg."
Posted at 01:33 PM by Howard Bashman


"Capobiancos to discuss Veronica's return on today's 'Dr. Phil' show": The Post and Courier of Charleston, South Carolina has this news update.
Posted at 01:30 PM by Howard Bashman


"State law would ban all drug-induced abortions, Oklahoma high court says; In a closely-watched case that could ultimately be decided by the U.S. Supreme Court, the Oklahoma Supreme Court agrees with abortion rights group on law regarding abortion-inducing drugs": Chris Casteel of The Oklahoman has this news update.

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

Update: In other coverage, at "SCOTUSblog," Lyle Denniston has a post titled "Oklahoma anti-abortion law explained."
Posted at 01:20 PM by Howard Bashman



"Texas Seeks Emergency Stay to Implement Abortion Limits": Laurel Brubaker Calkins of Bloomberg News has a report that begins, "Texas asked a federal appeals court in New Orleans for an emergency order blocking a U.S. judge's ruling yesterday in Austin striking down some state abortion restrictions as it seeks to enforce new limits on the procedure that were set to take effect today."

In addition, Elise Young and Andrew Harris of Bloomberg News report that "Texas Abortion Ruling May Begin Climb to Supreme Court."

The Associated Press reports that "Texas AG seeks quick ruling on abortion law appeal."

And Reuters reports that "Texas attorney general asks court to reinstate abortion measure."
Posted at 01:12 PM by Howard Bashman



Programming note: This morning, I will be presenting an appellate oral argument to a three-judge panel of the Superior Court of Pennsylvania. And soon thereafter, I will be meeting with co-counsel in another pending appeal.

As a result, additional posts will not appear here until this afternoon.
Posted at 06:55 AM by Howard Bashman



Monday, October 28, 2013

"Judicial Nominations Fight to Flare Up": Todd Ruger has this post today at "The BLT: The Blog of Legal Times."
Posted at 11:59 PM by Howard Bashman


In the November 2013 issue of ABA Journal magazine: David L. Hudson Jr. has an article headlined "The establishment clause is still a contentious battle among the justices."

Hudson also has an article headlined "Virginia Supreme Court holds that advertising rules may be applied to a lawyer's blog."

Mark Walsh has an article headlined "High court tackles another 4th Amendment case."

And the new installment of Bryan A. Garner's "On Words" column is headlined "An interview with the lawyer who discovered Clarence Darrow's letters."
Posted at 11:58 PM by Howard Bashman



"Ralphs Gets Cold Cut in Deli Worker Dispute": At her "Trial Insider" blog, Pamela A. MacLean has a post that begins, "Ralphs grocery chain cannot compel individual arbitration for a group of deli clerks claiming they were denied meal breaks and overtime and want to pursue the claims as a class action."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:16 PM by Howard Bashman



"Reply Brief Filed in United States v. Auernheimer": On Friday, Orin Kerr had this post at "The Volokh Conspiracy" linking to a copy of the reply brief filed earlier that day in the U.S. Court of Appeals for the Third Circuit.
Posted at 10:11 PM by Howard Bashman


"Judge Posner Walks Back Comments To HuffPost": Jacob Gershman has this post today at WSJ.com's "Law Blog."

And MSNBC today posted online a video titled "Posner on politics in the courtroom: Legal scholar Judge Richard Posner joins to discuss how complexity and politics are the greatest challenges to the Supreme Court."
Posted at 10:08 PM by Howard Bashman



"Justice Clarence Thomas shares his journey from the South to the Supreme Court": Duke Law News has this report.
Posted at 06:18 PM by Howard Bashman


"Senate Inches Closer To Major Battle Over Obama's Judicial Nominees": Jennifer Bendery of The Huffington Post has this report today.
Posted at 06:17 PM by Howard Bashman


"Attorney General Kamala D. Harris Announces Appointment of California Solicitor General": The Attorney General of California today issued a news release that begins, "California Attorney General Kamala D. Harris today announced the appointment of Edward DuMont to the position of California Solicitor General."
Posted at 06:15 PM by Howard Bashman


"Oh Schuette! Did Romer put Seattle School District No. 1 to sleep?" Josh Blackman has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 04:26 PM by Howard Bashman


"No Drugs, No Executions: Is This the End of the Death Penalty? As states scramble to find new lethal cocktails, a lack of options could spell the end of capital punishment." Dustin Volz has this essay online today at The Atlantic.
Posted at 03:16 PM by Howard Bashman


"Fed judge: Texas abortion limits unconstitutional." The Associated Press has this report.

Chuck Lindell of The Austin American-Statesman has a news update headlined "Judge blocks key parts of Texas abortion law."

Erik Eckholm of The New York Times has a news update headlined "Judge Blocks Part of Texas Abortion Law."

The San Antonio Express-News has an update headlined "Judge strikes down part of new Texas abortion law."

And Bloomberg News reports that "Texas Abortion Law Hospital Privilege Requirement Blocked."

I have posted at this link today's ruling of the U.S. District Court for the Western District of Texas.
Posted at 03:10 PM by Howard Bashman



"State will use two new drugs in November execution": The Columbus (Ohio) Dispatch has this news update.

And The Associated Press has a report headlined "Ohio: Child killer to get untried 2-drug injection."
Posted at 02:06 PM by Howard Bashman



Ninth Circuit grants rehearing en banc in lawsuit against Anaheim police officers alleging excessive use of force: You can access today's order of the U.S. Court of Appeals for the Ninth Circuit at this link.

My earlier coverage of the original divided three-judge panel's ruling can be accessed here.
Posted at 01:55 PM by Howard Bashman



"This lapse is worth noting because it is indicative of a widespread, and increasingly troublesome, discomfort among lawyers and judges confronted by a scientific or other technological issue." So writes Seventh Circuit Judge Richard A. Posner today in an opinion that only one other judge on the three-judge panel joined in full.
Posted at 01:50 PM by Howard Bashman


"Ninth Circuit Judge Susan P. Graber Recognized": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.
Posted at 01:35 PM by Howard Bashman


"Filibuster Wars To Flare Up As Reid Moves On Top Judges": Sahil Kapur has this report at TPM DC.
Posted at 01:02 PM by Howard Bashman


"Portrait of Female Justices Unveiled": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 01:00 PM by Howard Bashman


"Tribe can't be sued in alcohol case, Oklahoma Supreme Court says; A state Supreme Court decision has wide-reaching impact on tribal casinos' dramshop liability": This article appears today in The Oklahoman.

You can access last month's ruling of the Supreme Court of Oklahoma at this link.
Posted at 12:18 PM by Howard Bashman



"Case against teacher who viewed porn at school headed to state Supreme Court": The Wisconsin State Journal has this report.
Posted at 12:11 PM by Howard Bashman


"U.S. Supreme Court to hear Miss. death row inmate case": The Associated Press has this report.

Update: A knowledgeable reader emails, "The AP story, and in particular the headline, is wrong, or at best quite misleading, about Byrom. It refers only to a pending cert. petition. The Court has not agreed 'to hear' the case, unless by 'hear' you mean 'put it on a conference list for future consideration as to whether to grant cert.'"
Posted at 12:07 PM by Howard Bashman



"4 candidates seek to stay on Supreme, Superior state courts": Paula Reed Ward has this article today in The Pittsburgh Post-Gazette.
Posted at 12:06 PM by Howard Bashman


"Criminals and Campaign Cash: The Impact of Judicial Campaign Spending on Criminal Defendants." The Center for American Progress issued this report today. A summary of the report appears at this link.

And the organization is hosting a related event from noon to 1:30 p.m. eastern time today. You can access the live video via this link.
Posted at 12:03 PM by Howard Bashman



"The gray area of courtroom conduct": Yesterday's edition of The Arizona Republic began a four-part series on prosecutorial misconduct. In yesterday's newspaper, Michael Kiefer had an article headlined "Prosecutorial misconduct alleged in half of capital cases."

And in today's newspaper, Kiefer has an article headlined "Prosecutors under scrutiny are seldom disciplined."
Posted at 11:36 AM by Howard Bashman



"Bell v. Maryland: Kenneth Mack challenges three common views." Kali Borkoski has this post at "SCOTUSblog."

And in related coverage, The Associated Press reports that "1960 Md. sit-in case remembered as part of history."
Posted at 11:30 AM by Howard Bashman



"High court test of surveillance law could be ahead": Pete Yost of The Associated Press has this report.
Posted at 11:27 AM by Howard Bashman


Sunday, October 27, 2013

"I Did Not 'Recant' on Voter ID Laws: Richard A. Posner on judges, data, and consequences." Seventh Circuit Judge Richard A. Posner has this essay online today at The New Republic.

And at his "Election Law Blog," Rick Hasen has a post titled "Incredible: Judge Posner Said He Did Not Recant on Voter ID."
Posted at 11:36 PM by Howard Bashman



"Lacking Lethal Injection Drugs, States Find Untested Backups": This audio segment appeared on yesterday evening's broadcast of NPR's "All Things Considered."
Posted at 11:27 PM by Howard Bashman


"At Supreme Court, tradition trumps technology, and transparency": Robert Barnes will have this new installment of his "The High Court" column in Monday's edition of The Washington Post.
Posted at 11:11 PM by Howard Bashman


"Hickenlooper appoints Hood as new Colorado Supreme Court justice": This article appeared yesterday in The Denver Post.
Posted at 08:11 AM by Howard Bashman


"NCAA petitions Supreme Court in Sam Keller case": USA Today has a report that begins, "The NCAA on Friday night filed documents asking the U.S. Supreme Court to review a federal appeals court ruling in a lawsuit against video game maker Electronic Arts concerning the use of college athletes' names and likenesses."
Posted at 08:09 AM by Howard Bashman


"Ohio chief justice wants cameras in top court": The Columbus Dispatch has this report.
Posted at 08:07 AM by Howard Bashman


Saturday, October 26, 2013

"U.S. tells terror suspect it will use surveillance evidence, setting up possible legal challenge": Robert Barnes and Ellen Nakashima have this article today in The Washington Post.

Richard Wolf of USA Today reports that "Warrantless surveillance program headed to high court; The Justice Department, for the first time, notifies a terror suspect that evidence against him stems from a secret search."

The Wall Street Journal reports that "U.S. Tells Suspect for First Time It Used NSA Surveillance Program in Criminal Case; Authorities Say the Man Sought to Travel to Syria." You can freely access the full text of the article via Google.

And Bloomberg News reports that "U.S. Will Use Foreign Intelligence Surveillance in Case."
Posted at 09:24 AM by Howard Bashman



Friday, October 25, 2013

"Supreme Court Panel Talks Conflicts and Cameras": Matthew Huisman has this post at "The BLT: The Blog of Legal Times."

Earlier today, I had this post linking to video of this event.
Posted at 10:02 PM by Howard Bashman



"The New Politics of Judicial Elections, 2011-12: How New Waves of Special Interest Spending Raised the Stakes for Fair Courts." Justice at Stake, the Brennan Center for Justice at NYU School of Law, and the National Institute on Money in State Politics issued this report (access online in HTML or PDF) yesterday.

Also available online is a related news release titled "Outside Spending Floods Judicial Elections at Record Levels, Report Finds."
Posted at 09:46 PM by Howard Bashman



"Appeals court reluctantly tosses suit over death of Fort Shafter soldier's baby": Ken Kobayashi has this article today in The Honolulu Star-Advertiser.

Metropolitan News-Enterprise reports today that "Court Rejects Claim U.S. to Blame for Death of Soldier's Son; Panel Majority Criticizes Feres Doctrine, but Says It Is Controlling and Bars Suit by Child's Father."

Bob Egelko of The San Francisco Chronicle has a blog post titled "No damages for Army work orders that led to newborn child's death."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Soldier's Baby Death Suit Tossed -- Regretfully."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 03:51 PM by Howard Bashman



"We must decide whether the Constitution permits a six-figure punitive damage award in a sexual harassment suit where the jury awarded no compensatory damages and only one dollar in nominal damages." So begins an opinion that the U.S. Court of Appeals for the Ninth Circuit issued yesterday. The panel answered that question in the affirmative but ordered a further remittitur of punitive damages to $125,000.

In coverage of the ruling, Cronkite News reports that "Appeals court slashes award against ASARCO in sexual-harassment case."

Update: At the "California Punitive Damages" blog, Curt Cutting has a post titled "Ninth Circuit reduces $300,000 punitive damages award to $125,000 in Title VII harassment case (Arizona v. ASARCO)."
Posted at 03:40 PM by Howard Bashman



"Circuit Slates Gay Man's Killer for Resentencing": Courthouse News Service has a report that begins, "Supreme Court pressure did not stop the 9th Circuit on Friday from ordering resentencing in a case where a gay man was murdered for allegedly flirting with the wrong guy."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 03:32 PM by Howard Bashman



"Panelists call for cameras at the Supreme Court": Tal Kopan of Politico.com has this blog post.

C-SPAN has posted online the video from this morning's event under the heading "Advocacy Group Looks at Transparency and the Supreme Court."
Posted at 03:20 PM by Howard Bashman



"Former Detainee's Right to Speedy Trial Wasn't Violated, Appeals Panel Rules": This article appears today in The New York Times.

The Associated Press has a report headlined "NY court: Long interrogation OK before terror case."

Jonathan Stempel of Reuters reports that "U.S. court upholds ex-Guantanamo detainee's conviction over embassy blasts."

Bloomberg News reports that "Court Upholds Ghailani Conviction in Embassy Bombings."

At Politico.com, Josh Gerstein has a post titled "Appeals court upholds Ahmed Ghailani verdict."

And at the "Lawfare" blog, Raffaela Wakeman has a post titled "Second Circuit Affirms District Court Judgment in Ghailani."

You can access yesterday's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 03:16 PM by Howard Bashman



"SCOTUSblog on camera: Donald B. Verrilli, Jr. -- Part four." You can access the video, the fourth of five parts, via this link.
Posted at 03:04 PM by Howard Bashman


"Court Lifts Limit on Contributing to Pro-Lhota PAC": This front page article appears today in The New York Times.

The New York Daily News reports today that "Court rules Joe Lhota-supporting political committee can accept unlimited contributions."

The New York Post reports that "Court allows PAC to spend for Joe Lhota."

Bloomberg News reports that "N.Y. Campaign Donation Cap Barred, Win for Lhota Backers."

And Reuters reports that "Court frees PAC to collect unlimited contributions in NY mayoral race."

You can access yesterday's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 03:00 PM by Howard Bashman



"Can states ban abortions at earlier stages?" Lyle Denniston has this post at "SCOTUSblog."
Posted at 09:46 AM by Howard Bashman


In news from New York University School of Law: That law school has recently issued news releases titled "Judge Jeffrey Sutton considers jurisprudence of new technology in Hayek Lecture" and "Judge William Fletcher of the Ninth Circuit argues against death penalty in Madison Lecture."

You can view the video of Ninth Circuit Judge William A. Fletcher's remarks via YouTube by clicking here. The video of Sixth Circuit Judge Jeffrey S. Sutton's remarks does not yet appear to be available online.
Posted at 07:51 AM by Howard Bashman



"Court Drops Restriction That Limited Cellphone Wiretaps": Joe Palazzolo has this article, in which I am quoted, in today's edition of The Wall Street Journal. You can freely access the full text of the article via Google.

You can access yesterday's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link. And the three-judge panel's original ruling on the case can be accessed here.
Posted at 07:45 AM by Howard Bashman



Thursday, October 24, 2013

Programming note: This morning, I will be attending an appellate-related mediation that could last all day. Then I will be heading to Atlanta to attend parents' weekend at my son's college. As a result, additional posts may not appear here until later tonight or early tomorrow.
Posted at 06:30 AM by Howard Bashman


Wednesday, October 23, 2013

"Why Judge Posner Changed His Mind On Voter ID Laws": Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this essay online today at The Daily Beast.

And yesterday at the "Taking Note" blog of The New York Times, Jesse Wegman had a post titled "The Debate Over Judge Posner's Unforced Error."
Posted at 11:23 PM by Howard Bashman



"Minnesota Supreme Court: Samples under DWI implied-consent law aren't coerced; The decision said a warrant is required to get a blood sample, but not in the case it was addressing." The Minneapolis Star Tribune has this news update reporting on a ruling that the Supreme Court of Minnesota issued today.
Posted at 10:22 PM by Howard Bashman


"State Supreme Court hints it may strike down part of domestic partnership law": Patrick Marley of The Milwaukee Journal Sentinel has this news update.

And Bloomberg News reports that "Wisconsin Partnership Law Fought as Too Like Marriage."
Posted at 10:05 PM by Howard Bashman



"Supreme Court Justice Sonia Sotomayor talks challenges, career goals with Arcadia students": The Times Herald of Norristown, Pennsylvania has this report.
Posted at 10:02 PM by Howard Bashman


"Former Michigan Supreme Court justice speaks on new book": Central Michigan Life has this report.
Posted at 09:58 PM by Howard Bashman


"Thigh Court: How a theater company turned a SCOTUS case about nude dancing into a rollicking new play." Emily Bazelon has this essay online at Slate.
Posted at 09:52 PM by Howard Bashman


"Supreme Court seeks answers from 'wild hypotheticals'; Sometimes the most imaginative questions help the justices separate facts from fiction": Richard Wolf will have this article in Thursday's edition of USA Today.
Posted at 09:44 PM by Howard Bashman


"Abortion providers ask judge to halt Texas law": The Associated Press has a report that begins, "A federal court challenge to new limits on abortions in Texas may hinge on complicated legal questions created by a myriad of U.S. Supreme Court rulings over the past decade on when a state may ignore medical considerations and limit the procedure, attorneys in the case argued Wednesday."

And Bloomberg News reports that "Texas Abortion Trial Ends With Judge to Rule by Oct. 29."
Posted at 09:26 PM by Howard Bashman



"Ecuador Judge Testifies to Taking Bribes in Chevron Suit": Bloomberg News has this report.
Posted at 09:22 PM by Howard Bashman


"Texas inmate denied locks of dead parents' hair": The Associated Press has this report today on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued in August.
Posted at 09:20 PM by Howard Bashman


"New Mexico court considers legalizing gay marriage": The Associated Press has this report.
Posted at 09:14 PM by Howard Bashman


"Does Va. restrict competition for new medical buildings? Appeals court wants to know." The Washington Post has this news update.

And The Associated Press reports that "Suit challenging Va. health facility law revived."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 09:00 PM by Howard Bashman



"Newspaper presses FOIA fight for food stamp payment data": Josh Gerstein of Politico.com has this blog post.
Posted at 05:40 PM by Howard Bashman


"Parties Agree to Trim Briefing in Greenhouse Gas Cases": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 05:40 PM by Howard Bashman


"FBI Can Keep Race Data From ACLU, U.S. Appeals Court Says": Bloomberg News has this report on the ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 03:07 PM by Howard Bashman


"Today our court gives our approval to the government tempting persons in the population at large currently engaged in innocent activity and leading them into the commission of a serious crime, which the government will then prosecute." So writes Senior Circuit Judge John T. Noonan, Jr., dissenting from the ruling that the majority on a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 03:04 PM by Howard Bashman


"SCOTUSblog on camera: Donald B. Verrilli, Jr. -- Part three." You can access the video, the third of five parts, via this link.
Posted at 02:11 PM by Howard Bashman


"Same-sex couples gear up for New Mexico high court battle over marriage": Reuters has this report.

And in related news from Oklahoma, Reuters reports that "Native American gay couple to take advantage of tribal law to marry."
Posted at 10:38 AM by Howard Bashman



"US 3rd affirms Del. Chancery Court 'secret' arbitration is unconstitutional": The News Journal of Wilmington, Delaware has this early report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today. All three judges on the panel wrote opinions setting forth their views.

Update: In other coverage, Tom Hals of Reuters has a report headlined "Delaware's 'secret trials' violate First Amendment: court."

Bloomberg News reports that "Delaware Judges Can't Do Secret Arbitrations, Court Rules."

And The Associated Press reports that "Appeals court rejects secret Delaware arbitration."
Posted at 10:26 AM by Howard Bashman



"Too Much Frivolity, Not Enough Femininity: A Study of Gender and Humor at the U.S. Supreme Court." Ryan A. Malphurs, Jaime Bochantin, L. Hailey Drescher, and Melissa Wallace Framer posted this study online at SSRN earlier this month (via "Gender and the Law Prof Blog").
Posted at 09:23 AM by Howard Bashman


"Government Changes Policy On Warrantless Wiretap Defendants": Nina Totenberg had this audio segment on today's broadcast of NPR's "Morning Edition."
Posted at 09:21 AM by Howard Bashman


"Sotomayor to Arcadia students: Take it one step at a time." This article appears today in The Philadelphia Inquirer.
Posted at 09:18 AM by Howard Bashman


"Guantanamo defense attorneys want to accuse U.S. of torture -- but can't": Carol Rosenberg of The Miami Herald has this report.

Update: In other coverage, Reuters reports that "Guantanamo judge urged to lift ban on claims of abuse."
Posted at 09:16 AM by Howard Bashman



Tuesday, October 22, 2013

Sean Fine of The Toronto Globe and Mail is reporting: He has news updates headlined "MacKay rewording Supreme Court Act while seeking court's advice on legality of Nadon's appointment" and "Sikh student who won kirpan case now considers leaving Quebec."
Posted at 11:58 PM by Howard Bashman


"Supreme Court to get reporter's privilege plea": Josh Gerstein of Politico.com has this blog post.
Posted at 11:51 PM by Howard Bashman


"Appeals court limits GPS tracking": Lyle Denniston has this post at "SCOTUSblog."

My earlier coverage of today's Third Circuit ruling can be accessed here.
Posted at 06:00 PM by Howard Bashman



"BP oil spill class deal faces constitutional challenge -- from BP": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has a report that begins, "Everyone with an interest in the future of class action settlements ought to be paying close attention to arguments slated to take place at the 5th Circuit Court of Appeals on Nov. 4."
Posted at 05:44 PM by Howard Bashman


In the November/December 2013 issue of Washington Monthly magazine: Stephanie Mencimer has a lengthy article headlined "The War of Rape: What happened to Jamie Leigh Jones in Iraq?" In September 2009, I had this post on the Fifth Circuit's ruling in related litigation.

And James M. Glaser and Timothy J. Ryan have an article headlined "How 'Race Neutrality' Can Save Affirmative Action: Americans' surprising commitment to fairness."
Posted at 04:44 PM by Howard Bashman



"Truck makers argue EPA violated its own regs in granting rival's certificates": Jeremy P. Jacobs of Greenwire has this report.
Posted at 03:34 PM by Howard Bashman


"Accessing oral arguments in federal appellate cases": Derek Muller has this post today at his blog, "Excess of Democracy."
Posted at 03:30 PM by Howard Bashman


"Court Rules Probable-Cause Warrant Required for GPS Trackers": At Wired.com's "Threat Level" blog, Kim Zetter has a post that begins, "An appellate court has finally supplied an answer to an open question left dangling by the Supreme Court in 2012: Do law enforcement agencies need a probable-cause warrant to affix a GPS tracker to a target's vehicle?"

You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 02:27 PM by Howard Bashman



"SCOTUSblog on camera: Donald B. Verrilli, Jr. -- Part two." You can access the video, the second of five parts, via this link.
Posted at 01:46 PM by Howard Bashman


"Victorian supreme court to submit to blogging to keep public informed; Rather than just accept the dwindling presence of court reporters, chief justice wants to bring court into digital age": The Guardian (UK) has this report.
Posted at 01:45 PM by Howard Bashman


"Supreme Court's DOMA decision driving same-sex marriage efforts in states": Pew Research Center has this report.
Posted at 01:44 PM by Howard Bashman


"Disgraced Reporter Stephen Glass Taking Case for Bar Admission to Calif. Supreme Court": The Wrap has this report.
Posted at 01:42 PM by Howard Bashman


"Hobby Lobby asks Supreme Court to hear contraceptives case; Oklahoma City-based retailer files brief agreeing with the federal government that the high court should take up the case": This article appears today in The Oklahoman.
Posted at 01:40 PM by Howard Bashman


"Another Means-Plus-Function Patent: Invalid as Indefinite." Dennis Crouch has this post at "Patently-O" about a victory that Mercedes-Benz USA achieved today in the U.S. Court of Appeals for the Federal Circuit.
Posted at 01:38 PM by Howard Bashman


"Federal appeals court upholds medicating Upper Peninsula man accused of attempted Detroit bombing": MLive.com has this report.

And The Associated Press reports that "Mentally ill man linked to bomb outside Detroit federal building can be forcibly medicated."

You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 01:33 PM by Howard Bashman



"At Last, the Supreme Court Turns to Mental Disability and the Death Penalty; A new case will give the justices a chance to address a compromise that simply doesn't work": Andrew Cohen has this essay online today at The Atlantic.
Posted at 01:20 PM by Howard Bashman


"Smallest political donors appeal Florida's restrictions to Supreme Court": The Washington Times has this report.
Posted at 08:45 AM by Howard Bashman


"Federal court mulling delay of Texas abortion law": The Associated Press has this report.

And Bloomberg News reports that "Texas Abortion Laws Will Close Clinics, Witness Testifies."
Posted at 08:26 AM by Howard Bashman



"Supreme Court to hear Hard 50 appeal; Tuesday docket includes man convicted in 2009 murder of Johnson County woman": The Associated Press has a report that begins, "Kansas Supreme Court justices on Tuesday will hear the first appeal of a Hard 50 prison sentence since lawmakers changed the way the sentence is imposed during a September special session."
Posted at 08:22 AM by Howard Bashman


"Justices reject appeal in bathtub-drowning case": This article appears today in The Columbus (Ohio) Dispatch.
Posted at 08:20 AM by Howard Bashman


"A judicial mea culpa better left unsaid": Columnist Charles Lane of The Washington Post has this op-ed.
Posted at 08:14 AM by Howard Bashman


"In New Haven, Justice Sotomayor shares the story of her life": This article appears today in The New Haven Register.

More information about Justice Sonia Sotomayor's visit yesterday to Southern Connecticut State University can be accessed here.
Posted at 08:11 AM by Howard Bashman



"Constitution Check: How strong is the same-sex marriage tide running?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 07:58 AM by Howard Bashman


Monday, October 21, 2013

"Argument Misdemeanors -- Five Ways to ruin your oral argument": L.J. Puleo has this blog post today at "Litigator Rex."
Posted at 11:27 PM by Howard Bashman


"Federalism and Phantom Economic Rights in NFIB v. Sebelius": Law professor Matthew J. Lindsay has posted this article online at SSRN (via "Legal Theory Blog").
Posted at 11:04 PM by Howard Bashman


Under the "three strikes" provision of the Prison Litigation Reform Act, restricting a prisoner's ability to maintain suit in forma pauperis, may an earlier suit rejected at the summary judgment stage count as a strike? A sharply divided en banc U.S. Court of Appeals for the Fourth Circuit today ruled by a margin of 8-to-5 (with an additional judge concurring in the judgment solely on other grounds) that an earlier suit decided against the prisoner at the summary judgment stage can constitute a "dismissal" for purposes of the applicable "three strikes" provision.
Posted at 10:44 PM by Howard Bashman


"States' online 'Amazon tax' fight may land in U.S. Supreme Court: lawyers." Reuters has this report.
Posted at 06:15 PM by Howard Bashman


"Hobby Lobby asks Supreme Court to take up case": The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Hobby Lobby supports review."
Posted at 05:50 PM by Howard Bashman



"Justices Agree to Clarify Mental Disability in Capital Cases": Adam Liptak of The New York Times has this news update.

And Warren Richey of The Christian Science Monitor has an article headlined "Death penalty: Supreme Court to hear case of mentally deficient Florida man; Florida says the man does not score below its 70-point IQ cutoff line for death penalty cases, but the Supreme Court has decided to consider whether his execution would be cruel and unusual."

Update: In other coverage, David G. Savage of The Los Angeles Times reports that "Supreme Court to grapple with mental disability and the death penalty."

And Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court will rule on role of mental disability in death row case."
Posted at 04:22 PM by Howard Bashman



"Jim Thorpe, Pa., fights to keep its namesake; His family wants to return the athlete's remains to the Oklahoma reservation where he grew up; But the town wants to keep Jim Thorpe in Jim Thorpe": David Zucchino had this front page article in last Friday's edition of The Los Angeles Times.
Posted at 04:20 PM by Howard Bashman


"On Reading Proust: Stephen Breyer, interviewed by Ioanna Kohler." This interview (full text now freely available), translated from French into English, appears in the November 7, 2013 issue of The New York Review of Books.
Posted at 02:50 PM by Howard Bashman


"Arab Bank Gets U.S. Supreme Court Query in Terrorism Case": Greg Stohr of Bloomberg News has this report.

And David Ingram and Lawrence Hurley of Reuters have a report headlined "U.S. high court asks Obama administration's view on bank secrecy."
Posted at 02:38 PM by Howard Bashman



"SCOTUSblog on camera: Donald B. Verrilli, Jr. -- Part one." You can access the video, the first of five parts, via this link.
Posted at 01:06 PM by Howard Bashman


"Right the First Time: Judge Richard Posner's mistaken change of heart on voter ID." Hans A. von Spakovsky has this essay at National Review Online.
Posted at 11:15 AM by Howard Bashman


"Justices to rule on 'mental retardation' in death case": Richard Wolf of USA Today has this report.
Posted at 11:02 AM by Howard Bashman


"Christie withdraws appeal of gay marriage ruling": The Newark (N.J.) Star-Ledger has a news update that begins, "Gov. Chris Christie announced today that he was dropping the fight against same-sex marriage in New Jersey by withdrawing his his appeal of a major case that was being heard by the state Supreme Court."

The Record of Hackensack, New Jersey has a news update headlined "Christie administration withdraws appeal of ruling allowing gay marriage in NJ."

The New York Times has a news update headlined "Christie Withdraws Appeal of Same-Sex Marriage Ruling in New Jersey."

The Philadelphia Inquirer has a news update headlined "Christie drops gay marriage appeal."

The Associated Press reports that "NJ Gov. Christie drops gay marriage appeal."

Bloomberg News reports that "Christie Withdraws Gay Marriage Appeal as Couples Wed."

And Reuters reports that "Gay marriage becomes legal in N.J. after Christie drops opposition."
Posted at 09:58 AM by Howard Bashman



"Law Scholarship's Lackluster Reviews": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 09:56 AM by Howard Bashman


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

In early news coverage, The Associated Press reports that "High court to look at death row inmate with low IQ."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court grants two cases."
Posted at 09:37 AM by Howard Bashman



"Celebrating Justice Stephen Breyer at HLS": Harvard Law School has posted online at YouTube the video of this recent panel discussion (scroll down for sidebar titled "Legal scholars discuss Breyer's 'Greatest Decisions'").
Posted at 08:40 AM by Howard Bashman


"Making Every Vote Count, for Real": Kenneth Jost has this post at his blog, "Jost On Justice."
Posted at 08:35 AM by Howard Bashman


"Texas Abortion Restrictions Tested at Trial in Austin": Bloomberg News has this report.

And The Associated Press has a report headlined "Next round in fight over abortion restrictions."
Posted at 08:34 AM by Howard Bashman



"The Courts and the Administrative State": D.C. Circuit Judge Brett M. Kavanaugh delivered this year's Sumner Canary Lecture at the Case Western Reserve University School of Law earlier this month. You can view the video of his remarks via YouTube by clicking here.
Posted at 08:27 AM by Howard Bashman


"Professors Josh Blackman and Jack Balkin on the Constitutional Challenge to Obamacare": Yale Law School has posted this video online.
Posted at 08:20 AM by Howard Bashman


"Castille is big name on Nov. 5 Pa. vote": Today's edition of The Philadelphia Inquirer contains an article that begins, "In an otherwise yawn-inducing off-year election, voters will have one important question to decide on Nov. 5: Should they keep the most powerful jurist in Pennsylvania on the bench?"
Posted at 08:17 AM by Howard Bashman


Sunday, October 20, 2013

"Motives for Chief Justice Castille's retention run scrutinized": Brad Bumsted has this front page article today in The Pittsburgh Tribune-Review.
Posted at 10:30 PM by Howard Bashman


"5 ways to end legal tangle over Supreme Court nominee; Justice Marc Nadon sits out on full salary while right to seat on top bench is challenged": CBC News has this news analysis.
Posted at 09:12 PM by Howard Bashman


"Confusion over 72-hour waiting period could spoil some midnight gay marriage ceremonies": The Newark (N.J.) Star-Ledger has this report, along with an article headlined "At judge's former Catholic church in Bayonne, parishioners mixed on gay marriage ruling."
Posted at 09:10 PM by Howard Bashman


"Ga. to review tough death penalty provision": The Associated Press has this report.
Posted at 07:46 PM by Howard Bashman


"Wisconsin Supreme Court justices tend to favor attorney donors; Abrahamson is top recipient; justices remain involved in 98 percent of cases involving attorney donors": The Wisconsin Center for Investigative Journalism has this report today.

In early news coverage, Wisconsin Public Radio News has an article headlined "Report: Supreme Court Justices More Likely To Rule For Attorneys Who Contribute To Their Campaigns."
Posted at 11:02 AM by Howard Bashman



"Under the U.S. Supreme Court: Obama has the power to raise debt limit?" Michael Kirkland of UPI has this report.
Posted at 09:24 AM by Howard Bashman


Saturday, October 19, 2013

"Fremont immigration ordinance challenge won't get another day in court": This article appears today in The Lincoln (Neb.) Journal Star.
Posted at 10:09 PM by Howard Bashman


"How the government has evaded constitutional test of secret wiretaps": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 08:57 PM by Howard Bashman


"Utah Supreme Court strikes down Weber County's anti-gang injunction": This article appears today in The Standard-Examiner of Ogden, Utah.

Today's edition of The Salt Lake Tribune contains an article headlined "Utah Supreme Court throws out Ogden gang injunction; Supreme Court says county can't ban Trece members from associating."

And The Deseret News reports that "Utah Supreme Court overturns injunction prohibiting Ogden Trece gang from assembling."

You can access yesterday's ruling of the Supreme Court of Utah at this link.
Posted at 08:54 PM by Howard Bashman



Friday, October 18, 2013

"Prenda's massive trolling take revealed: $1.9 million in 2012; Steele and Hansmeier are said to have taken in 70 percent of that sum." Joe Mullin of Ars Technica has this report.
Posted at 04:50 PM by Howard Bashman


"Appellate Lawyer Representatives Produce Ninth Circuit Practice Guide": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.

You can access the practice guide by clicking here.
Posted at 04:30 PM by Howard Bashman



"U.S. court may allow suits against Guantanamo forced feeding": David Ingram of Reuters has this report.

Ryan J. Reilly of The Huffington Post reports that "Guantanamo Force-Feeding Case Creates Struggle For Appeals Court."

And Josh Gerstein of Politico.com has a blog post titled "Court hears Guantanamo force-feeding case."

Update: You can access the audio of today's D.C. Circuit oral argument in this case via this link (19.3MB mp3 audio file).
Posted at 03:24 PM by Howard Bashman



"Same-sex weddings can begin pending appeal, N.J. Supreme Court rules": The Newark Star-Ledger has this news update.

The Record of Hackensack, New Jersey has a news update headlined "NJ Supreme Court declines to issue stay in gay marriage ruling."

The Associated Press reports that "NJ court agrees to allow same-sex marriages Monday."

And Bloomberg News reports that "New Jersey High Court Denies Stay of Gay Marriage Ruling."

Today's ruling of the Supreme Court of New Jersey denying the motion for a stay pending appeal can be accessed here.

Update: In other coverage, The Philadelphia Inquirer has a news update headlined "N.J. court won't halt gay marriages; towns accept applications."

Reuters reports that "New Jersey top court rules gay marriages can begin on Monday."

At "SCOTUSblog," Lyle Denniston has a post titled "Gay marriage reaches New Jersey."

Online at Slate, Mark Joseph Stern has a blog post titled "Gay Marriage Arrives in New Jersey Thanks to the Supreme Court."

At at "The Volokh Conspiracy," Will Baude has a post titled "Gay Marriage in New Jersey (Pretty Much)."
Posted at 03:03 PM by Howard Bashman



Access online the audio of this week's U.S. Supreme Court oral arguments: It's available online via this link.
Posted at 01:30 PM by Howard Bashman


"'A Broken System': Texas's Former Chief Justice Condemns Judicial Elections; The Lone Star State insists that 'the people' should determine who judges them; Here's why that idea fails miserably in practice." Andrew Cohen has this essay online at The Atlantic.
Posted at 01:25 PM by Howard Bashman


Access online the contents of the October 2013 issue of The Yale Law Journal: Via this link.

Worthy of mention, Sonja B. Starr and M. Marit Rehavi have an article titled "Mandatory Sentencing and Racial Disparity: Assessing the Role of Prosecutors and the Effects of Booker."

Joseph Blocher has an article titled "Firearm Localism."

Lochlan F. Shelfer has a note titled "Special Juries in the Supreme Court."

And Chris Michel has a comment titled "There's No Such Thing as a Political Question of Statutory Interpretation: The Implications of Zivotofsky v. Clinton."
Posted at 12:09 PM by Howard Bashman



"Judge Posner's Weak Mea Culpa": Ed Whelan has this post today at National Review Online's "Bench Memos" blog.
Posted at 11:57 AM by Howard Bashman


"Judges weigh challenge to force-feeding at Gitmo": The Associated Press has this report.

Yesterday at the "Lawfare" blog, Lauren Bateman previewed this morning's D.C. Circuit oral argument in a post titled "Oral Argument Preview: Aamer v. Obama."

Once the audio from the oral argument becomes available online, I will link to it.
Posted at 11:50 AM by Howard Bashman



"Supreme Court suspends Kline's Kansas law license; Disciplinary Administrator had argued for disbarment": The Topeka Capital-Journal has this news update.

The Wichita Eagle has a news update headlined "Kansas Supreme Court indefinitely suspends Phill Kline's state law license."

And The Associated Press reports that "Kansas Supreme Court sanctions former AG Kline."

You can access today's ruling of the Supreme Court of Kansas at this link.
Posted at 11:42 AM by Howard Bashman



"American flag T-shirts make it to federal appeals court; Three judges are considering whether Northern California school officials were warranted in preventing students from wearing the flag shirts on Cinco De Mayo": Maura Dolan has this article today in The Los Angeles Times.

My earlier coverage of yesterday's Ninth Circuit oral argument (audio link) can be accessed here.
Posted at 11:05 AM by Howard Bashman



"Feds to appeal Danziger Bridge ruling that erased convictions of 5 ex-NOPD officers": Ginny LaRoe of The Times-Picayune of New Orleans has this report.
Posted at 10:54 AM by Howard Bashman


"Bay Mills casino case set for December argument before US Supreme Court": MLive.com has this report.
Posted at 09:07 AM by Howard Bashman


"High school students get up close and personal with state Supreme Court": This article appears today in The Concord (N.H.) Monitor.
Posted at 09:05 AM by Howard Bashman


Thursday, October 17, 2013

"Quebec set to make unprecedented challenge to Nadon's Supreme Court appointment": In Friday's edition of The Toronto Globe and Mail, Sean Fine and Kim Mackrael will have an article that begins, "The Quebec government says it will challenge the appointment of Justice Marc Nadon to the Supreme Court of Canada, in what legal scholars say appears to be a first in the court's 138-year history."
Posted at 11:24 PM by Howard Bashman


"Christie's Supreme Court nominee approved by N.J. Senate judiciary committee": The Newark Star-Ledger has this report.

And Friday's edition of The Philadelphia Inquirer will contain an article headlined "Senate panel backs Christie pick for N.J. Supreme Court."
Posted at 11:20 PM by Howard Bashman



"Voter-ID Laws Worry Jurist; Retired Supreme Court Justice Says Poor, Minorities Could Be Affected": In Friday's edition of The Wall Street Journal, Jess Bravin will have an article that begins, "Retired Supreme Court Justice John Paul Stevens said he was concerned by the proliferation of state laws tightening voter-identification requirements but believes he ruled correctly in 2008 that an Indiana voter-ID law could stand."
Posted at 11:10 PM by Howard Bashman


"What Michigan Race Case Is Really About": Law professor Cass R. Sunstein has this essay online at Bloomberg View.
Posted at 06:12 PM by Howard Bashman


"Federalist Society presents Allyson Ho '00 and John Rappaport, 'Supreme Court Preview'": The University of Chicago Law School has made available online via this link the audio from this recent event.
Posted at 05:07 PM by Howard Bashman


"Thoughts on Judge Posner's Admission of Error on the Indiana Voter ID Law": Paul M. Smith has this guest post today at "ACSBlog."
Posted at 04:55 PM by Howard Bashman


"NH high court hears texting case at high school": Lynne Tuohy of The Associated Press has a report that begins, "New Hampshire's highest court went to a high school to hear arguments in a case it thought would resonate with the more than 500 students in the audience: Whether reading a text message while driving can amount to recklessness worthy of a prison sentence."
Posted at 04:10 PM by Howard Bashman


"American flag ban: Federal appeals court struggles with Morgan Hill school's Cinco de Mayo incident." Howard Mintz of The San Jose Mercury News has this update.

And The Associated Press reports that "Court considers Calif. school's May 5 US flag ban."

You can access the audio of today's Ninth Circuit oral argument in John Dariano, et al. v. Morgan Hill Unified School Dis, et al., by clicking here.
Posted at 03:24 PM by Howard Bashman



"Affiliates React to Supreme Court EPA Regulations Case": This article appears today in The Harvard Crimson.
Posted at 02:55 PM by Howard Bashman


"Appeals court rules against McDonnell on emails": Tal Kopan has this blog post at Politico.com.

You can access yesterday's unpublished opinion of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 02:20 PM by Howard Bashman



"A Tree Grows in Canada": Linda Greenhouse has this op-ed today in The New York Times.
Posted at 01:44 PM by Howard Bashman


"Judge Posner's Regret": Bob Bauer has this post today at his blog, "More Soft Money Hard Law."
Posted at 10:57 AM by Howard Bashman


"Court considers Calif. school's May 5 US flag ban": The Associated Press has this report on a case scheduled for oral argument today before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.

When the oral argument audio becomes available online, I will link to it.
Posted at 10:26 AM by Howard Bashman



"Second Thoughts on Voter ID": This editorial appears today in The New York Times.
Posted at 08:57 AM by Howard Bashman


Pennsylvania's highest court has denied Wyeth Pharmaceuticals' request for review of a $7.5 million punitive damages award in favor of woman who sued claiming the hormone replacement therapy medication Prempro caused her breast cancer: You can access yesterday's order of the Supreme Court of Pennsylvania, denying Wyeth's petition for allowance of appeal, at this link.

When yesterday's order denying review issued, the petition for allowance of appeal had been pending before Pennsylvania's highest court for more than 18 months.

You can access here the Superior Court of Pennsylvania's ruling in the case. My earlier coverage of this ruling can be accessed here, here, and here.
Posted at 08:45 AM by Howard Bashman



"U.S. Solicitor General Verrilli Discusses Office's Role in Civil Rights Cases": The Washington University School of Law recently issued this news release. You can view the video from last month, when the Solicitor General delivered the Tyrrell Williams Lecture, by clicking here.
Posted at 08:32 AM by Howard Bashman


"Pennsylvania one step closer to raising judicial retirement age to 75": This article appeared yesterday in The Pittsburgh Tribune-Review.
Posted at 08:24 AM by Howard Bashman


"Elena Kagan: Not all government is dysfunctional; The youngest Supreme Court Justice and former Dean of Harvard Law School talks about creating great culture and communicating without email." Fortune magazine has this report.
Posted at 08:20 AM by Howard Bashman


"Constitution Check: Is the Supreme Court only willing to work at the fringes of the Second Amendment?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:17 AM by Howard Bashman


Wednesday, October 16, 2013

"Roberts Court Cloaks Activism in Complexity": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 11:30 PM by Howard Bashman


"Door May Open for Challenge to Secret Wiretaps": In Thursday's edition of The New York Times, Charlie Savage will have an article that begins, "Five years after Congress authorized a sweeping warrantless surveillance program, the Justice Department is setting up a potential Supreme Court test of whether it is constitutional by notifying a criminal defendant -- for the first time -- that evidence against him derived from the eavesdropping, according to officials."
Posted at 11:27 PM by Howard Bashman


"Fourth Circuit reverses denial of leave to amend class allegations that were once 'virtually identical' to Dukes v. Wal-Mart but flipped around after Wal-Mart v. Dukes": Law professor Kevin C. Walsh has this post today at his "walshslaw" blog about a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 11:18 PM by Howard Bashman


"Supreme Court must realize affirmative action doesn't improve education; Racial diversity has virtually no effect on educational quality and isn't the real rationale for the policy": Law professor Douglas A. Kahn has this op-ed online at The Christian Science Monitor.
Posted at 11:02 PM by Howard Bashman


"U.S. Supreme Court urged to overturn Md. tax ruling; Decision by state's top court could cost counties about $50 million a year": The Baltimore Sun has this report.
Posted at 10:54 PM by Howard Bashman


"Strip club case won't be visiting Supreme Court; High court won't hear dancing-as-art argument": This article appears today in The Times Union of Albany, New York.

And The Daily Gazette of Schenectady, New York reports that "Supreme Court rejects Latham strip joint; Justices won't hear challenge to tax on performances."
Posted at 10:52 PM by Howard Bashman



"Surprise on Legacy Admissions": At Inside Higher Ed, Scott Jaschik has a blog post that begins, "Many of the arguments before the Supreme Court Tuesday, on Michigan's ban on affirmative action, were not surprising."
Posted at 08:57 PM by Howard Bashman


"Analysis: Greenhouse gases case." Lyle Denniston has this post at "SCOTUSblog."
Posted at 08:42 PM by Howard Bashman


"Death penalty in Kansas cop killing case gets aired before Supreme Court": Michael Doyle of McClatchy Washington Bureau has this report.
Posted at 08:40 PM by Howard Bashman


"Case Pits Freezing Assets Against Hiring Lawyers": Adam Liptak will have this article in Thursday's edition of The New York Times.

Richard Wolf of USA Today has an article headlined "Justices: Freezing assets could deny right to counsel; New York couple accused of reselling medical devices alleges the government froze the assets they needed to hire attorneys."

In Thursday's edition of The Wall Street Journal, Brent Kendall will have an article headlined "Pretrial Asset Seizure Splits Justices; Case of Couple Seeking to Use Funds for Defense Scrambles Usual Ideological Alliances." You can freely access the full text of the article via Google.

Lawrence Hurley of Reuters reports that "U.S. Supreme Court ponders pre-trial asset freezes in criminal cases."

And at "SCOTUSblog," Amy Howe has a post titled "Argument analysis: Asset forfeiture case is close call."
Posted at 08:36 PM by Howard Bashman



"Let. Us. Pray. What's wrong with falling in love with the amazing Senate chaplain?" Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 06:02 PM by Howard Bashman


"La. high court strikes down immigrant driver law": The Associated Press has a report that begins, "The Louisiana Supreme Court has struck down a state law that made it a crime for people who aren't U.S. citizens to drive here without carrying proof of their immigration status."

You can access yesterday's ruling of the Supreme Court of Louisiana at this link.
Posted at 04:50 PM by Howard Bashman



"Defendant whose conviction led to ban on executing child rapists is granted new trial": The Times-Picayune of New Orleans has a news update that begins, "Patrick Kennedy, whose conviction for raping an 8-year-old girl in Harvey led the U.S. Supreme Court to ban the death penalty for child rapists, has been given a new trial."
Posted at 04:44 PM by Howard Bashman


"Supreme Court hints at narrow ruling in Michigan affirmative action case; The US Supreme Court heard oral arguments Tuesday on whether Michigan's ban on affirmative action in college admissions violates the equal protection of minorities": Warren Richey of The Christian Science Monitor has this report.

Today's edition of The Michigan Daily contains articles headlined "U.S. Supreme Court discusses Proposal 2" and "Students take to Washington to see history."

Yesterday evening's broadcast of The PBS NewsHour contained a video segment titled "Does a Mich. amendment prohibiting affirmative action violate equal protection?"

And yesterday afternoon on HuffPost Live, Mike Sacks hosted a video segment titled "Supreme Court: Affirmative Action" with guests Elie Mystal, Jennifer Gratz, and Josh Gerstein.
Posted at 04:38 PM by Howard Bashman



"Tricky permit issue seen splitting challengers to EPA climate rules": Jeremy P. Jacobs of Greenwire has this report today.

Yesterday, Jacobs and and Jean Chemnick had an article headlined "Supreme Court to review EPA greenhouse gas emissions permitting." And Jacobs also had an article headlined "Justices decline case on timeline for lawsuits challenging EPA regs."
Posted at 04:22 PM by Howard Bashman



"Indicted couple want assets freed to pay lawyers": Mark Sherman of The Associated Press has this report.

Earlier, today's edition of The Los Angeles Times contains an editorial titled "Legal dilemma: The lawyer of their choice; The Supreme Court should require more judicial review in the freezing of financial resources of criminal defendants."

And online today at Reason, Jacob Sullum has an essay titled "The Best Defense Your Money Can't Buy: How prosecutors disarm defendants by freezing their assets."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Kaley v. United States, No. 12-464.
Posted at 04:15 PM by Howard Bashman



"An Artistic Tribute to Four Female Justices": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 03:51 PM by Howard Bashman


"Court skeptical of reversal in sheriff's killing": Jesse J. Holland of The Associated Press has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Kansas v. Cheever, No. 12-609.
Posted at 02:51 PM by Howard Bashman



"Chevron Lawyer Takes Stand in Trial Over Ecuador Verdict": Bloomberg News has this report.
Posted at 10:55 AM by Howard Bashman


"Free speech and the American flag: Lawsuit over T-shirt incident at Morgan Hill school lives on." Howard Mintz has this article today in The San Jose Mercury News previewing a case scheduled for oral argument tomorrow at the U.S. Court of Appeals for the Ninth Circuit.
Posted at 10:54 AM by Howard Bashman


"Justices To Hear Cases On Self-Incrimination, Freezing Assets": Nina Totenberg of NPR has this blog post today.
Posted at 10:52 AM by Howard Bashman


"UK inmates lose right to vote ruling; The Supreme Court has dismissed appeals from two prisoners over the right to vote under European Union rules": BBC News has this report.

Bloomberg News reports that "Murderers Lose Right-to-Vote Dispute in Britain's Highest Court."

And The Associated Press reports that "UK's top court rejects inmates' voting rights bid."

You can access today's ruling of the Supreme Court of the United Kingdom at this link. The court has also issued this press summary of the ruling.
Posted at 10:36 AM by Howard Bashman



"Will the Supreme Court Help Shut Down D.C.?" Jeffrey Toobin has this blog post online today at The New Yorker.
Posted at 08:40 AM by Howard Bashman


"Constitution Check: Does banning affirmative action promote racial equality?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:36 AM by Howard Bashman


Tuesday, October 15, 2013

"Judge in Landmark Case Disavows Support for Voter ID": John Schwartz will have this article Wednesday in The New York Times.
Posted at 11:37 PM by Howard Bashman


"In U.S. top court race case, John Roberts is chief phrasemaker": Joan Biskupic of Reuters has this report.
Posted at 10:11 PM by Howard Bashman


"St. Joseph Abbey monks can legally sell caskets after U.S. Supreme Court rejects state funeral director board's request for hearing": The Times-Picayune of New Orleans has this report.
Posted at 10:09 PM by Howard Bashman


"Court Rejects Appeal Bid by Writer in Leak Case": Charlie Savage will have this article Wednesday in The New York Times.
Posted at 10:06 PM by Howard Bashman


"Supreme Court declines to review Md. handgun carry permits; A federal appeals court upheld the law earlier this year": The Baltimore Sun has this news update.

And The Washington Times has a news update headlined "Supreme Court declines to hear case on Maryland's 'good and substantial reason' gun law."
Posted at 08:50 PM by Howard Bashman



"New immigration law in California gives aspiring attorneys hope; Legal trainees who are in the country illegally are heartened by a new California law that allows people like them to become lawyers": This article will appear in Thursday's edition of The Los Angeles Times.
Posted at 08:47 PM by Howard Bashman


"Supreme Court rejects Brown's appeal in prison crowding case": The Sacramento Bee has this news update.

And Henry K. Lee of The San Francisco Chronicle has a news update headlined "Highest court thwarts governor on prison crowding."
Posted at 08:45 PM by Howard Bashman



"Justices Weigh Michigan Law and Race in College Admissions": Adam Liptak will have this article in Wednesday's edition of The New York Times.

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court justices voice support for affirmative action ban."

Josh Gerstein and Libby A. Nelson of Politico.com report that "Justices take up affirmative action."

At the ABC News blog "The Note," Ariane de Vogue has a post titled "Affirmative Action Back at the Supreme Court."

And on this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Skeptical Of Affirmative Action Arguments."
Posted at 08:40 PM by Howard Bashman



"Appeals court turns aside reporter's privilege plea, 13-1": Josh Gerstein of Politico.com has this blog post.
Posted at 07:48 PM by Howard Bashman


"Supreme Court to Hear Challenge to E.P.A. Emissions Rules": Adam Liptak will have this article Wednesday in The New York Times.

David G. Savage and Neela Banerjee of The Los Angeles Times have a news update headlined "Supreme Court agrees to hear greenhouse gas case."

Richard Wolf of USA Today reports that "Supreme Court agrees to hear greenhouse gas cases; Government's power to regulate new power plant emissions is questioned, but not auto emissions standards or overall danger posed by greenhouse gases."

Warren Richey of The Christian Science Monitor has an article headlined "Landmark case? Supreme Court to review EPA regulation of greenhouse gases; The Supreme Court said Tuesday it would take up six petitions seeking review of EPA actions regarding greenhouse gases; But it will not take up the agency's so-called endangerment finding."

And Bill Mears of CNN.com reports that "Justices to review greenhouse gas regulation."
Posted at 04:20 PM by Howard Bashman



"Justices skeptical of affirmative action arguments": Robert Barnes of The Washington Post has this news update.

Richard Wolf of USA Today has a news update headlined "Justices voice support for state affirmative action ban; Oral arguments in case involving a 2006 Michigan voter initiative shows the Supreme Court is likely to rule that states can prohibit racial preferences."

The Detroit News has an update headlined "Justices grill lawyers arguing against Michigan's affirmative action ban."

The Detroit Free Press has a news update headlined "U.S. Supreme Court justices ask sharp questions in Michigan affirmative action case."

Greg Stohr of Bloomberg News reports that "Affirmative Action Ban Gets Support at High Court Hearing."

Mark Sherman of The Associated Press reports that "Court likely to uphold Michigan measure on race."

Lawrence Hurley of Reuters reports that "U.S. justices appear inclined to uphold affirmative action ban."

At the "School Law" blog of Education Week, Mark Walsh has a post titled "Supreme Court Weighs Michigan Affirmative-Action Ban."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: Figuring out Kennedy -- again."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Schuette v. BAMN, No. 12-682.
Posted at 04:06 PM by Howard Bashman



"Court seems skeptical of DaimlerChrysler lawsuit": Jesse J. Holland of The Associated Press has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Daimler AG v. Bauman, No. 11-965.

Update: At "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: Trying to salvage a lost cause."
Posted at 01:40 PM by Howard Bashman



Mark Walsh of Education Week is reporting: At that publication's "School Law" blog, he has posts titled "Supreme Court Declines to Weigh Nashville Assignment Plan" and "Justices Dismiss Age-Bias Case Watched by School Groups."
Posted at 01:38 PM by Howard Bashman


"U.S. high court justices question rights case against Daimler AG": Lawrence Hurley of Reuters has this report.
Posted at 11:52 AM by Howard Bashman


Access today's order of the U.S. Supreme Court dismissing certiorari as improvidently granted in Madigan v. Levin, No. 12-872: At this link. The oral argument of the case can be accessed here.

At "SCOTUSblog," Lyle Denniston has a post titled "Age bias case dismissed."
Posted at 10:06 AM by Howard Bashman



"Feds Demand Supreme Court Thwart Challenge to NSA Phone Spying": David Kravets has this post today at Wired.com's "Threat Level" blog.
Posted at 09:40 AM by Howard Bashman


Access online today's Order List of the U.S. Supreme Court: The Court has posted today's Order List at this link. The Court today granted review in seven new cases, although six of those cases have been consolidated for oral argument.

In early news coverage, The Associated Press reports that "High court will review EPA global warming rules"; "Court to hear appeal over gun buying conviction"; "High court rejects Calif. inmate crowding appeal"; and "Court won't hear Tenn. resegregation case."

Greg Stohr of Bloomberg News reports that "EPA Greenhouse-Gas Rules Draw U.S. Supreme Court Scrutiny"; "Gun-Carrying Limits Survive as High Court Rejects Appeal"; "California Rebuffed by Top U.S. Court on Inmate Reduction"; "Tyco Ex-CEO Dennis Kozlowski Rejected by U.S. High Court"; and "Nokia Rejected by High Court in InterDigital Patent Case."

Lawrence Hurley of Reuters reports that "U.S. justices to hear challenge to Obama on climate change" and "Supreme Court declines to hear California prison case."

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



"Supreme Court's Kennedy key to Michigan racial preference case": The Detroit News contains this article today.

Today's edition of The Detroit Free Press contains an article headlined "Michigan's affirmative action issue returns to U.S. Supreme Court today."

The Washington Times contains an article headlined "'Future of affirmative action' at stake in Michigan case; Challenged amendment affects universities."

Politico.com reports that "Affirmative action reappears before Supreme Court."

And on today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment titled "Supreme Court Returns To Affirmative Action In Michigan Case."
Posted at 08:07 AM by Howard Bashman



"'Diaper Boy' case argued before Utah Supreme Court; Defense attorney calls man's behavior 'strange,' but not 'criminal'": This article appears today in The Salt Lake Tribune.
Posted at 08:02 AM by Howard Bashman


"Supreme Court to hear California case about Argentina's 'Dirty War'": Southern California Public Radio station 89.3 KPCC has this report.
Posted at 08:00 AM by Howard Bashman


"Chevron Claims Ecuadorians' Lawyer Won Case Through Fraud": Bloomberg News has this report.
Posted at 07:56 AM by Howard Bashman


Monday, October 14, 2013

"Supreme Court tackles new affirmative action case": Bill Mears of CNN.com has this report.

AnnArbor.com reports that "Arguments in affirmative action Supreme Court case draw U-M students to Washington D.C."

Tuesday's edition of The Detroit News will contain an article headlined "Gratz: Journey to end racial preferences started 16 years ago."

Today's broadcast of WBUR Radio's "Here & Now" contained an audio segment titled "Supreme Court To Hear Michigan Affirmative Action Case."

Today's edition of The Los Angeles Times contains an editorial titled "Affirmative action's latest test: The Supreme Court will decide whether voters may ban racial preferences at state universities."

And columnist Stephen Henderson of The Detroit Free Press has an op-ed titled "Affirmative action ruling aside, Michigan needs to have real talk about race."
Posted at 11:30 PM by Howard Bashman



"Gov't moves to keep NSA surveillance lawsuit away from Supreme Court; Gov't doesn't want critics of NSA spying to take their case to the high court": Joe Mullin of Ars Technica has this report.
Posted at 11:18 PM by Howard Bashman


"Louisiana's new gun rights law considered by state Supreme Court": The Times-Picayune of New Orleans has this news update.
Posted at 11:16 PM by Howard Bashman


"The Michigan Experiment: The affirmative-action case liberals deserve to lose." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 09:04 PM by Howard Bashman


"How Timely Are Rulings From Pennsylvania's Supreme Court?" In today's edition of The Legal Intelligencer -- Philadelphia's daily newspaper for lawyers -- P.J. D'Annunzio has this article in which I am quoted.
Posted at 03:36 PM by Howard Bashman


"Guantanamo Bay prison camp still at work on its image": The Washington Post has this report.
Posted at 02:48 PM by Howard Bashman


"Protecting the Speech We Hate": Paul Sherman and Robert McNamara had this op-ed last Thursday in The New York Times.
Posted at 02:26 PM by Howard Bashman


"Should cops be able to peek at your phone?" This article appears today in The San Diego Union-Tribune.
Posted at 01:23 PM by Howard Bashman


"A Fresh Chance to Rein in Racial Preferences: The Supreme Court's Fisher decision last spring has been largely ignored; Now the justices can strengthen it." Richard D. Kahlenberg has this op-ed today in The Wall Street Journal.
Posted at 01:20 PM by Howard Bashman


"Inside the new Supreme Court session with the National Constitution Center's Jeffrey Rosen": You can access the audio from today's broadcast of WHYY Radio's "Radio Times with Marty Moss-Coane" at this link.
Posted at 01:04 PM by Howard Bashman


"Affirmative Action Back at the Supreme Court, With a Twist": Ariane de Vogue has this post today at the ABC News blog "The Note."
Posted at 10:44 AM by Howard Bashman


"Execution drugs mixed by U.S. pharmacies draw challenges from death row": Reuters has this report.
Posted at 10:33 AM by Howard Bashman


"Education-Related Cases Part of High Court Workload": Mark Walsh of Education Week has this report.
Posted at 08:50 AM by Howard Bashman


"Prop. 8 campaign wants disclosure laws waived": In yesterday's edition of The San Francisco Chronicle, Bob Egelko had an article that begins, "Supporters of California's 2008 ban on same-sex marriage are back in court arguing for an exemption from the state's campaign disclosure laws because of threats and harassment they said they have received from gay-rights supporters."

You can access at this link the audio of last Friday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 08:40 AM by Howard Bashman



"Affirmative action in California: U.S. Supreme Court likely to decide fate of Proposition 209." Howard Mintz has this article today in The San Jose Mercury News.

Mark Sherman of The Associated Press reports that "High court weighs Mich. ban on affirmative action."

And Joan Biskupic of Reuters reports that "U.S. justices to hear race case; one side has two voices."
Posted at 08:34 AM by Howard Bashman



"How the Supreme Court can resolve the debt ceiling crisis": Law professor Adam H. Rosenzweig has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:24 AM by Howard Bashman


"Justice's wheels slowed as shutdown hits courts": The Associated Press has this report.
Posted at 08:22 AM by Howard Bashman


"Chevron goes to trial in New York over $18 billion Ecuador award": Reuters has this report.
Posted at 08:10 AM by Howard Bashman


Sunday, October 13, 2013

"Pa. Supreme Court bashes Bufalino book; Justice takes issue with claim court stalled DeNaples' investigation": The Times-Leader of Wilkes-Barre, Pennsylvania has this report.

Wednesday's news release from the Administrative Office of Pennsylvania Courts was headlined "Chief justice clarifies incomplete and misleading account of Supreme Court actions in book The Quiet Don."
Posted at 11:52 PM by Howard Bashman



"Michigan is back with affirmative action fight": Robert Barnes will have this new installment of his "The High Court" column in Monday's edition of The Washington Post.

In Monday's edition of The Los Angeles Times, David G. Savage will have an article headlined "Supreme Court prepares to hear affirmative action case; A challenge to Michigan's ban on race-based university admissions has many supporters in California, where a similar ban was enacted in 1996."

In Monday's edition of The Wall Street Journal, Jess Bravin and Douglas Belkin will have an article headlined "Court Docket: Affirmative Action in College Admissions."

Saturday's edition of The Detroit News contained an article headlined "Plaintiffs to focus on U-M policy; Justices to hear race should be among 50 factors in admissions." Today's newspaper, meanwhile, contains an editorial titled "On preferences, Mich. voters have spoken; Supreme Court, in deciding constitutionality of affirmative action ban, should respect rights of citizens."

Friday's edition of The Detroit Free Press contained an article headlined "State's affirmative action ban has 'chilling effect,' U-M professor says." Today's newspaper contains an article headlined "As justices ponder Michigan's affirmative action ban, observers will eye Kennedy." The newspaper has also posted online two related op-eds. Michigan Attorney General Bill Schuette has an op-ed titled "Affirmative action is unequal, unfair and unconstitutional," while University of Michigan professors Rosario Ceballo and Matthew Countryman have an op-ed titled "Affirmative action levels the playing field, offers diversity."

And The Michigan Daily reported last week that "U.S. Supreme Court to discuss Proposal 2."
Posted at 11:14 PM by Howard Bashman



"False Equality in Michigan": This editorial will appear in Monday's edition of The New York Times.
Posted at 10:07 PM by Howard Bashman


"Supreme Court to hear challenges to property seizures before trials": Jay Weaver of The Miami Herald has this report.
Posted at 09:45 PM by Howard Bashman


"Court to decide if race preference bans hurt diversity": Richard Wolf of USA Today has this report.
Posted at 01:44 PM by Howard Bashman


"Rights-Protecting Precedent at Risk at Court": Kenneth Jost has this post today at his blog, "Jost On Justice."
Posted at 11:52 AM by Howard Bashman


"N.H. high court gets reading-text-while-driving case": Lynne Tuohy of The Associated Press has this report.
Posted at 10:30 AM by Howard Bashman


"State Supreme Court justice says he didn't ask E. Ky. lawyer Eric C. Conn for campaign money": This front page article appears today in The Lexington Herald-Leader.
Posted at 10:24 AM by Howard Bashman


"A zone that should be left alone": In yesterday's edition of The Boston Globe, columnist Renee Loth had an op-ed that begins, "As I walked toward the entrance of the Planned Parenthood health center on Commonwealth Avenue this week, a small group of protesters lightly pounced."
Posted at 10:14 AM by Howard Bashman


"A 'Wonderland' moment for the court": Columnist George F. Will has this op-ed in The Washington Post.
Posted at 10:05 AM by Howard Bashman


"U.S. Supreme Court to decide on retrial of Kansas death penalty case": The Wichita Eagle has an article that begins, "When the U.S. Supreme Court hears arguments Wednesday, it will be considering a Kansas death penalty case that has moved from the Greenwood County Courthouse in Eureka, to the federal courthouse in Wichita, back through Eureka, and then through the Kansas Supreme Court in Topeka."
Posted at 10:02 AM by Howard Bashman


"How Activist Is the Supreme Court?" Adam Liptak has this news analysis in the Sunday Review section of today's edition of The New York Times.
Posted at 09:32 AM by Howard Bashman


"Scalia and the devil": Michael Kirkland of UPI has this report.
Posted at 09:30 AM by Howard Bashman


Saturday, October 12, 2013

"Effort underway to declassify document that is legal foundation for NSA phone program": Sunday's edition of The Washington Post will contain an article that begins, "In the recent stream of disclosures about National Security Agency surveillance programs, one document, sources say, has been conspicuously absent: the original -- and still classified -- judicial interpretation that held that the bulk collection of Americans' data was lawful."
Posted at 11:32 PM by Howard Bashman


"Justice Nadon steps aside from Supreme Court until legal challenge resolved": In Wednesday's edition of The Toronto Globe and Mail, Sean Fine had an article that begins, "One day after being sworn in, Justice Marc Nadon has stepped aside temporarily from his duties at the Supreme Court of Canada in the face of an unprecedented legal challenge to his appointment from Toronto lawyer Rocco Galati. It is believed to be the first time a Supreme Court judge has stood down before, in effect, sitting down."

And in related coverage, CBC News reports that "Quebec bar urges quick hearing on Justice Marc Nadon's eligibility; Could take 5 years for case to get through legal system if not expedited, says bar association head."
Posted at 11:28 PM by Howard Bashman



"Who will preside as Supreme Court chief over Delaware's gold mine?" Sunday's edition of The News Journal of Wilmington, Delaware will contain an article that begins, "In a state that has built a $1.4 billion industry as the preferred legal home for Big Business, Gov. Jack Markell's choice for Supreme Court chief justice must protect Delaware's franchise that caters to corporations and covers more than a third of the state's budget."
Posted at 07:56 PM by Howard Bashman


"Argument preview: Race's role on campus, in society." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 07:40 PM by Howard Bashman


"Judge: my key voter ID ruling was wrong." Josh Gerstein of Politico.com has this blog post.
Posted at 04:25 PM by Howard Bashman


"Lavabit and the Right to Private E-mail": Michael Phillips has this post at the "Elements" blog of The New Yorker.
Posted at 04:13 PM by Howard Bashman


"An Alliance in Media Petitions Justices": Today's edition of The New York Times contains an article that begins, "The nation's biggest television broadcasters are collectively asking for the Supreme Court's support in their quest to stop Aereo, a small Internet start-up that threatens some of the underpinnings of the TV business."

And the "Company Town" of The Los Angeles Times has posts titled "Broadcasters take Aereo to Supreme Court" and "Cablevision blasts broadcasters' Supreme Court filing against Aereo."
Posted at 04:11 PM by Howard Bashman



Friday, October 11, 2013

"NJ Supreme Court to hear gay marriage case": The Associated Press has this report.

And The Newark (N.J.) Star-Ledger has a news update headlined "N.J. Supreme Court agrees to hear Christie's gay marriage appeal."
Posted at 04:52 PM by Howard Bashman



"TV Broadcasters Ask Supreme Court to Review Aereo Dispute; The high court is asked to weigh in an ongoing dispute over whether Aereo is publicly performing copyrighted works": At the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has this post. You can view the petition for writ of certiorari at this link.
Posted at 04:44 PM by Howard Bashman


Access online this afternoon's broadcast of HuffPost Live's "Legalese It!" with Mike Sacks: You can view the video by clicking here. Today's guests were Seventh Circuit Judge Richard A. Posner (promoting his new book) and New York magazine editor Jennifer Senior (promoting her recent interview with Justice Antonin Scalia).
Posted at 03:28 PM by Howard Bashman


"Five myths about the Roberts court": Law professor Mark Tushnet has this essay online at The Washington Post.
Posted at 03:22 PM by Howard Bashman


"Lavabit's appeal: We're actually not required to wiretap our own users; The government wanted Snowden; But what about Lavabit's other 400,000 customers?" Joe Mullin of Ars Technica has this report.
Posted at 03:18 PM by Howard Bashman


"Nixon postpones execution over questions about lethal injection drug": The St. Louis Post-Dispatch has this news update.

And The Associated Press reports that "Missouri gov. halts 1st US execution by propofol."
Posted at 02:58 PM by Howard Bashman



"Senator Warns About Shutdown's Harm To Judiciary": Todd Ruger has this post today at "The BLT: The Blog of Legal Times."
Posted at 01:55 PM by Howard Bashman


"Only One Person Can Make Ruth Bader Ginsburg Retire": Marc Tracy has this essay online at The New Republic.
Posted at 01:54 PM by Howard Bashman


"Chevron Launches RICO Trial Over $18 Billion Ecuador Verdict Tuesday": Daniel Fisher has this post online at Forbes.
Posted at 01:44 PM by Howard Bashman


"Alabama Supreme Court rejects Stevenson man's request to keep wife's grave in front yard": The Huntsville Times has this news update.
Posted at 01:42 PM by Howard Bashman


"Clarence Thomas Does Not Share the Founding Fathers' View of Corruption": Law professor Jeffrey Rosen has this essay online at The New Republic.
Posted at 01:40 PM by Howard Bashman


"Mayer Brown Files Cert Petitions In Front-Loading Washer Cases": This post appeared Monday at that law firm's "Class Defense" blog (via "The Volokh Conspiracy").
Posted at 01:26 PM by Howard Bashman


Access online the audio of this week's U.S. Supreme Court oral arguments: It's available online via this link.
Posted at 01:18 PM by Howard Bashman


"SJC justices to weigh in on cellphone tracking data; Authorities want access to suspects' records without a search warrant": This article appears today in The Boston Globe.

You can access the briefs filed in the appeal via this link. And you can view the video of yesterday's oral argument by clicking here.
Posted at 09:00 AM by Howard Bashman



"Demands on Lavabit violated Fourth Amendment, lawyers say; Edward Snowden's email provider argues government order to hand over encryption keys jeopardised clients' personal details": The Guardian (UK) has this report.

And at "The Volokh Conspiracy," Orin Kerr has a post titled "Lavabit Challenges Contempt Order in the Fourth Circuit: An Analysis of Its Arguments."
Posted at 08:57 AM by Howard Bashman



"Harvard's Randall Kennedy on affirmative action": This lengthy audio segment appeared on yesterday's broadcast of WHYY Radio's "Radio Times with Marty Moss-Coane."
Posted at 08:52 AM by Howard Bashman


"Broadcasters could bring Aereo fight to Supreme Court: sources." Erin Geiger Smith and Ronald Grover of Reuters have this report.
Posted at 08:30 AM by Howard Bashman


"Christie seeks appeal after judge denies request to delay gay marriages in N.J." The Newark (N.J.) Star-Ledger has this report.

And today's edition of The New York Times reports that "Judge Says New Jersey Can Begin Allowing Same-Sex Marriages in Two Weeks."
Posted at 08:22 AM by Howard Bashman



"German firm blocked shipments to U.S. distributor after drug sent for executions": Reuters has a report that begins, "A German manufacturer confirmed on Thursday that it took the extraordinary step of suspending shipments of a widely used drug to a U.S. distributor this year after 20 vials were mistakenly sent to the state of Missouri to be used in executions."
Posted at 08:14 AM by Howard Bashman


"Argument preview: The reach of U.S. courts." Lyle Denniston has this post at "SCOTUSblog."
Posted at 08:12 AM by Howard Bashman


Thursday, October 10, 2013

"Longtime Faculty Member Diane Wood is New Chief Judge of Seventh Circuit": The University of Chicago Law School's The Record Online has this report.
Posted at 10:12 PM by Howard Bashman


"Enough is enough. I want my government back; The supreme court's campaign finance rulings have made Congress responsive to rich funders, not the public." Zephyr Teachout has this essay online at The Guardian (UK).
Posted at 09:48 PM by Howard Bashman


"Sibling Rivalry Over Parenting Not a Federal Case, Court Says": Mark Walsh has this post at the "School Law" blog of Education Week.

My earlier coverage of yesterday's Seventh Circuit ruling appears at this link.
Posted at 09:07 PM by Howard Bashman



"Nicholas Stephanopoulos, 'The South After Shelby County'": The University of Chicago Law School has posted online this podcast.
Posted at 08:56 PM by Howard Bashman


"Obama's Lawyer Should Have Used Originalism to Sway Originalist Justices; If he had met a conservative Court on its own ground, the solicitor general could have notched a victory for liberalism -- and helped safeguard campaign-finance protections": Law professor Lawrence Lessig has this essay online at The Atlantic.
Posted at 08:44 PM by Howard Bashman


"Lavabit Files Opening Brief in Landmark Privacy Case": Kevin Poulsen has this post at Wired.com's "Threat Level" blog.

And at Politico.com, Josh Gerstein has a post titled "Lavabit decries prosecution tactics."
Posted at 08:37 PM by Howard Bashman



In posts from Jess Bravin at WSJ.com's "Law Blog": Today he has posts titled "Justice Kennedy On Choosing Cases, 'Empathy,' And Diversity" and "Justice Kennedy On Law School, Blogging, And Popular Culture."
Posted at 08:34 PM by Howard Bashman


"Supreme Court will tackle affirmative action once again": Michael Doyle of McClatchy Washington Bureau has this report.
Posted at 06:17 PM by Howard Bashman


"Google Seeks to Appeal U.S. Judge's Gmail Wiretap Ruling": Bloomberg News has this report.
Posted at 04:53 PM by Howard Bashman


"Business groups to SCOTUS: Protect us from whistleblowers!" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 04:48 PM by Howard Bashman


"Federal Judiciary Says Funds Will Last Through October 17": Todd Ruger has this post at "The BLT: The Blog of Legal Times."
Posted at 12:07 PM by Howard Bashman


"Baby Veronica case: Dusten Brown to stop custody fight for Veronica; The girl's biological father spoke for the first time since he gave up custody Sept. 23." The Tulsa World has this news update.
Posted at 12:06 PM by Howard Bashman


"Justice Kennedy Offers Views on Shutdown, Congress and Gay Marriage; Comments Come in Address to Students at University of California Washington Center": Jess Bravin of The Wall Street Journal has this news update.
Posted at 11:02 AM by Howard Bashman


"Can Public Elementary School Require Students to Wear Shirts With Mottoes?" Eugene Volokh has this post at "The Volokh Conspiracy."

The U.S. Court of Appeals for the Ninth Circuit has posted on YouTube the video of Professor Volokh's oral argument of the appeal, which occurred on Monday. I can't wait to see if Circuit Judge N. Randy Smith (who chaired the three-judge panel) was at his feisty best during the proceedings.
Posted at 09:16 AM by Howard Bashman



"Judge Nygaard being honored in Erie today": This article appears today in The Erie Times-News.
Posted at 09:02 AM by Howard Bashman


"What motivates Gratz in U-M fight?" Columnist Ingrid Jacques of The Detroit News has an op-ed that begins, "During U.S. Supreme Court oral arguments in December 2006, Jennifer Gratz recalls sitting in the courtroom and hearing justices refer to her name."
Posted at 09:00 AM by Howard Bashman


"Grand Rapids panhandlers share $13,000, ACLU receives rest of $48,000 settlement": The Grand Rapids (Mich.) Press contains this article today.
Posted at 08:57 AM by Howard Bashman


"Battle over local bans on medical marijuana set for Michigan Supreme Court": This article appears today in The Detroit Free Press.
Posted at 08:56 AM by Howard Bashman


"Fantasyland at the Supreme Court : It's time to reassert the primacy of political speech in the First Amendment." Bradley A. Smith has this essay at National Review Online.
Posted at 08:55 AM by Howard Bashman


"Supreme Court Justice Helen Hoens' graceful goodbye": The Newark (N.J.) Star-Ledger has this editorial.
Posted at 08:54 AM by Howard Bashman


"UT law professor argues before U.S. Supreme Court": The Daily Texan contains this article today.
Posted at 08:52 AM by Howard Bashman


"Retired U.S. Supreme Court Justice Sandra Day O'Connor offers lessons via videogame in Providence visit": This article appears today in The Providence (R.I.) Journal.
Posted at 08:50 AM by Howard Bashman


"Society is Coarser -- but Better: Yes, pop culture is crude, but who gives an F-word? By virtually every measure, we're a safer, nicer, kinder country." Online at Time magazine, Nick Gillespie has an essay that begins, "'I am glad that I'm not raising kids today,' Supreme Court Associate Justice Antonin Scalia recently told New York magazine."
Posted at 08:45 AM by Howard Bashman


"Madoff Trustee Asks Supreme Court to Let Him Sue Banks": Peter Lattman has this article today in The New York Times.

And Greg Stohr of Bloomberg News reports that "Madoff Trustee Appeals to U.S. Supreme Court in Bank Suit."

You can view the petition for writ of certiorari at this link.
Posted at 08:44 AM by Howard Bashman



Wednesday, October 9, 2013

"Tax penalty for two Texans? Supreme Court weighs partner problem." Reuters has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in United States v. Woods, No. 12-562.
Posted at 10:44 PM by Howard Bashman



"Schuette: Supreme Court likely to uphold Mich. affirmative action ban." The Detroit News has this update.
Posted at 10:38 PM by Howard Bashman


"On campaign contributions, don't split the baby, Mr. Chief Justice": Michael McGough has this essay online at The Los Angeles Times.
Posted at 10:32 PM by Howard Bashman


"Blacks lack presence on federal appellate court": Leslie Proll, the director of the D.C. Office at NAACP Legal Defense and Educational Fund, Inc., has this op-ed in The Miami Herald.
Posted at 08:24 PM by Howard Bashman


"Miami Herald reporter sues Pentagon to learn costs at Guantanamo's Camp 7": Mark Seibel of McClatchy Washington Bureau has this report.
Posted at 08:19 PM by Howard Bashman


"Baby Veronica case: Biological father to have press conference Thursday." The Tulsa World has this news update.
Posted at 08:17 PM by Howard Bashman


"Supreme Court won't hear suit over drug dog; Case cited 'unlawful search and seizure' at Central High School": Today's edition of The Springfield (Mo.) News-Leader contains a front page article that begins, "The U.S. Supreme Court refused to hear an 'unlawful search and seizure' case that started three years ago with a drug dog visiting a Central High School classroom."
Posted at 05:33 PM by Howard Bashman


"Missouri returning execution drug to supplier": The St. Louis Post-Dispatch has this news update.
Posted at 05:20 PM by Howard Bashman


"The Supreme Court is poised to legalize corruption": Columnist Dana Milbank of The Washington Post has this op-ed.
Posted at 04:22 PM by Howard Bashman


"Arguments next week go on": Lyle Denniston has this post at "SCOTUSblog."
Posted at 04:19 PM by Howard Bashman


"The Virtue of Obscurity": Law professor Colin P. Starger has posted this essay online at SSRN (via "Legal Theory Blog").

The essay's abstract begins, "The critics have panned Justice Kennedy's majority opinion in United States v. Windsor."
Posted at 03:54 PM by Howard Bashman



"Oops! Email deriding Nebraska Supreme Court accidentally sent to chief justice." This article appears today in The Omaha World-Herald.
Posted at 03:48 PM by Howard Bashman


"With New Abortion Restrictions, Ohio Walks Fine Line": Erik Eckholm will have this article in Thursday's edition of The New York Times.
Posted at 03:34 PM by Howard Bashman


"The Supreme Court And Campaign Finance Limits, Again: The High Court and blowing the lid off campaign contributions." That was the title of the first hour of today's broadcast of NPR's "On Point with Tom Ashbrook." You can access the audio via this link.
Posted at 02:46 PM by Howard Bashman


Ninth Circuit orders plaintiffs to respond to Google's petition for panel or en banc rehearing in lawsuit accusing Google of violating federal wiretap law while building its popular Street View program: You can access today's order of the U.S. Court of Appeals for the Ninth Circuit at this link. The response is due October 30th.

Google's rehearing petition can be accessed here.

And my earlier coverage of the three-judge Ninth Circuit panel's ruling can be accessed here.
Posted at 02:38 PM by Howard Bashman



"Siblings dissatisfied with each other's methods of child rearing must find a means other than federal litigation to address their differences." So explains Circuit Judge Frank H. Easterbrook in an opinion he issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 02:00 PM by Howard Bashman


"Merit selection among topics covered by retired Supreme Court Justice O'Connor in 'fireside chat' at Roger Williams law": The Providence (R.I.) Journal and The Associated Press have this report.
Posted at 11:04 AM by Howard Bashman


"U.S. Supreme Court to weigh penalty on sham tax shelter": Reuters has this report.
Posted at 10:45 AM by Howard Bashman


"Does Justice Scalia Really Believe He's on the 'Losing Side of Everything'? By comparing himself with a New Deal obstructionist, the conservative judge raises questions about the Court's future -- and his own legacy." Andrew Cohen has this essay online at The Atlantic.
Posted at 10:44 AM by Howard Bashman


"Supreme Court at a crossroads on campaign funding limits; Justices appear divided in McCutcheon vs. Federal Election Commission, which could lift limits on giving directly to candidates": David G. Savage has this article today in The Los Angeles Times.

In today's edition of The Wall Street Journal, Jess Bravin reports that "Campaign Funding Divides High Court; Justices Split Over Whether Political Contributions Could Be Capped; Roberts Looks for Middle Ground."

The Washington Times reports that "Supreme Court skeptical of campaign finance cap; Case could let individuals give to more candidates, parties."

Warren Richey of The Christian Science Monitor has an article headlined "Campaign finance limits sharply divide Supreme Court. Is there middle ground?"

Joan Biskupic of Reuters has an article headlined "Kagan, now in a robe, argues again for campaign finance limits."

At the ABC News blog "The Note," Ariane de Vogue has a post titled "Conservative Supreme Court Justices Question Campaign Contribution Limits."

At the "School Law" blog of Education Week, Mark Walsh has a post titled "Justices Weigh Campaign Finance in Case Watched by Teachers' Unions."

And on yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Weighs Easing Limits On Campaign Contributions."
Posted at 08:52 AM by Howard Bashman



"Pennsylvania digs in against Supreme Court, fights to prohibit gay marriage": The Washington Times has this report.
Posted at 08:44 AM by Howard Bashman


"SB 1070 takes another hit": In today's edition of The Arizona Daily Star, Howard Fischer has an article that begins, "A federal appeals court on Tuesday ruled Arizona cannot enforce yet another provision of its controversial 2010 law aimed at illegal immigration."

And Bloomberg News reports that "Arizona Criminal Law on Undocumented Alien Transport Void."

My earlier coverage of yesterday's Ninth Circuit ruling can be accessed here and here.
Posted at 08:40 AM by Howard Bashman



"NY court weighs 'too intoxicated' murder defense": The Associated Press has a report that begins, "Three people convicted of murder in deadly crashes urged New York's highest court Tuesday to throw out their convictions, arguing they were too intoxicated to know the threat they posed to others."

The Staten Island Advance reports that "Staten Island woman seeks to overturn murder conviction, claims she was too high to know she was acting recklessly."

Newsday reports that "Martin Heidgen DWI case debated by state court."

And the Times Union of Albany, New York has an article headlined "Too drunk to murder? Lawyers say clients too drunk to be depraved, so not guilty of murder."
Posted at 08:36 AM by Howard Bashman



Tuesday, October 8, 2013

"How Close Will the Supreme Court Get to Ending Campaign-Finance Laws? Judging from oral arguments Tuesday in McCutcheon v. FEC, justices are likely to eliminate limits on how much individuals can give each cycle." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 10:15 PM by Howard Bashman


"The Long Shadow of Citizens United": Jesse Wegman has this post at the "Taking Note" blog of The New York Times.
Posted at 10:14 PM by Howard Bashman


"How Do Liberal Supporters of Citizens United Feel Now? And what do they think about the new Supreme Court case on campaign finance?" Emily Bazelon and Mark Joseph Stern have this jurisprudence essay online at Slate.
Posted at 10:07 PM by Howard Bashman


"Poor Little Rich Guys: The Supreme Court clamors to protect the right of Richie Rich, Scrooge McDuck, and the Koch brothers to further corrupt American politics." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:56 PM by Howard Bashman


"Court won't delay Guantanamo force feeding case": Josh Gerstein of Politico.com has this blog post.
Posted at 03:54 PM by Howard Bashman


"Appeals Court refuses to lift injunction against transport portion of SB 1070": Michael Kiefer of The Arizona Republic has this news update.

My earlier coverage of today's Ninth Circuit ruling can be accessed here.
Posted at 03:44 PM by Howard Bashman



"Scalia and the Triumph of Gay Rights": Richard Socarides has this blog post online today at The New Yorker.
Posted at 03:25 PM by Howard Bashman


"Supreme Court Law Clerks: Former Supreme Court clerks Pratik Shah and William Jay talked about the experience of clerking at the Supreme Court." You can view the video from yesterday's broadcast of C-SPAN's "Washington Journal" by clicking here.
Posted at 03:24 PM by Howard Bashman


"Prosecutors: Judge might consider prison if forced to re-evaluate Joan Orie Melvin's corruption sentence." Paula Reed Ward of The Pittsburgh Post-Gazette has this news update.

And Adam Brandolph of The Pittsburgh Tribune-Review has a news update headlined "Orie Melvin should be forced to write apology, DA's office says."
Posted at 03:05 PM by Howard Bashman



"U.S. Supreme Court appears wary of broad campaign finance ruling": Lawrence Hurley of Reuters has this report.

And Sahil Kapur of TPM DC reports that "Conservative Justices Signal Dismantling Of Campaign Donation Limits."
Posted at 01:50 PM by Howard Bashman



"'This Court Is Super Liberal Now!': Stephen Colbert grills Emily Bazelon on the Supreme Court term and campaign finance." Slate has posted the video clip from last night's broadcast of "The Colbert Report" at this link.
Posted at 01:48 PM by Howard Bashman


"Arizona Alien Transporting Law Struck Down": Pamela A. MacLean has this post at her "Trial Insider" blog about a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 01:44 PM by Howard Bashman


"Eric Holder's 2014 Racial Politics: The Attorney General tries to reverse a Supreme Court ruling by the back door." This editorial appears today in The Wall Street Journal.
Posted at 01:38 PM by Howard Bashman


Access online the transcript of today's U.S. Supreme Court oral argument in McCutcheon v. Federal Election Comm'n, No. 12-536: At this link.
Posted at 01:32 PM by Howard Bashman


"Majority of Justices Appear Skeptical About Aggregate Campaign Contribution Limit": John Gramlich of CQ Roll Call has this report.
Posted at 01:16 PM by Howard Bashman


"Supreme Court seems skeptical of campaign donation limits": Michael Doyle of McClatchy Washington Bureau has this post at his "Suits & Sentences" blog.
Posted at 01:09 PM by Howard Bashman


"Supreme Court appears divided in campaign finance case arguments": David G. Savage of The Los Angeles Times has this news update.
Posted at 01:06 PM by Howard Bashman


"Supreme Court appears divided on contribution limits; Case offers best chance since 1976 to ease federal restrictions on campaign contributions": Fredreka Schouten and Richard Wolf of USA Today have this news update.
Posted at 01:04 PM by Howard Bashman


"Argument recap: How is political influence bought?" Lyle Denniston has this post at "SCOTUSblog."
Posted at 12:56 PM by Howard Bashman


"The comma": Senior U.S. District Judge Richard G. Kopf has this post today at his blog, "Hercules and the Umpire."
Posted at 12:40 PM by Howard Bashman


"Supreme Court Weighs Campaign Contribution Limits": Adam Liptak of The New York Times has this news update.
Posted at 12:38 PM by Howard Bashman


"Supreme Court skeptical of limits on federal campaign contributions": Robert Barnes of The Washington Post has this news update.
Posted at 12:00 PM by Howard Bashman


"Campaign Contribution Caps Questioned by U.S. Supreme Court": Greg Stohr of Bloomberg News has this early report.
Posted at 11:48 AM by Howard Bashman


"Justices clash over campaign finance law": Sam Baker of The Hill has this blog post.
Posted at 11:46 AM by Howard Bashman


"McCutcheon v. FEC: Supreme Court Skeptical Of Campaign Contribution Limits." Paul Blumenthal and Ryan J. Reilly of The Huffington Post have this report.
Posted at 11:45 AM by Howard Bashman


"Supreme Court conservatives skeptical of campaign finance limits": Josh Gerstein and Byron Tau of Politico.com have this report.
Posted at 11:44 AM by Howard Bashman


"Campaign contribution caps at issue at high court": Mark Sherman of The Associated Press has this report.
Posted at 11:30 AM by Howard Bashman


"2nd chance for convicted felon: The inspiring story of a man making the most of his second chance." This profile of Shon Hopwood appeared on last night's broadcast of KING5's "Evening Magazine."
Posted at 08:55 AM by Howard Bashman


"Supreme Court to hear Alabama political donations case; Alabama man says $123,200 cap violates his right to free speech": Mary Orndorff Troyan of The Montgomery Advertiser has this report.

Bill Mears of CNN.com reports that "Money and politics high court's first big case this term."

At the ABC News blog "The Note," Ariane de Vogue has a post titled "Campaign Finance Back at the Supreme Court; Most Important Case Since Citizens United."

On today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment titled "Supreme Court Hears Another Challenge To Campaign Finance Law."

Today's edition of The New York Times contains an editorial titled "Politicians for Sale."

And The Los Angeles Times contains an editorial titled "Big money in politics: What are the limits? Three years after Citizens United, the Supreme Court may weaken campaign finance laws again."
Posted at 08:47 AM by Howard Bashman



"High court hears tale of Stanford's Ponzi scam; Issue: Can third parties be sued for Texas tycoon's $7 billion fraud?" Richard Wolf of USA Today has this report.

And Lawrence Hurley of Reuters reports that "U.S. justices divided in Allen Stanford Ponzi scheme case."
Posted at 08:37 AM by Howard Bashman



"U.S. Justice Kennedy visits Penn law school": Chris Mondics had this article yesterday in The Philadelphia Inquirer.
Posted at 08:30 AM by Howard Bashman


Monday, October 7, 2013

"Federal Youth Case on Trial; Prosecution of 10-Year-Old on Sex Charges Stokes Debate Over Juvenile Justice": In Tuesday's edition of The Wall Street Journal, Zusha Elinson will have this article reporting on an appeal now pending at the U.S. Court of Appeals for the Ninth Circuit. You can freely access the full text of the article via Google News.

The appeal was argued last month, and the oral argument audio can be accessed via this link.
Posted at 10:44 PM by Howard Bashman



"Supreme Court opens doors to cases on campaign money, abortion": This video segment featuring Marcia Coyle appeared on this evening's broadcast of The PBS NewsHour.
Posted at 10:42 PM by Howard Bashman


"Supreme Court refuses to intervene in lacrosse case; Federal civil-rights claims by 3 players denied": The Herald-Sun of Durham, North Carolina has this report.
Posted at 10:40 PM by Howard Bashman


"U.S. Supreme Court turns down Medtronic appeal; The suit dealing with repairing heart valves without surgery could cost the giant $245 million": The Minneapolis Star Tribune has this report.
Posted at 10:38 PM by Howard Bashman


"U.S. Supreme Court refuses to hear tobacco manufacturers' appeal": The Winston-Salem Journal has this report.
Posted at 10:37 PM by Howard Bashman


"Supreme Court rejects Argentina's appeal in sovereign debt fight; The decision upholds a 2012 ruling by a lower court obliging Argentina to pay bondholders that have refused offers to renegotiate the value of their holdings": This article will appear Tuesday in The Los Angeles Times.
Posted at 10:35 PM by Howard Bashman


"Supreme Court Ponders Suits in Stanford Fraud Over Securities That Never Existed": Adam Liptak will have this article in Tuesday's edition of The New York Times.

In Tuesday's edition of The Washington Post, Robert Barnes will have an article headlined "Supreme Court returns to work, hears case on R. Allen Stanford's Ponzi scheme."

And in Tuesday's edition of The Wall Street Journal, Jess Bravin will have an article headlined "Justices Hear Case Tied to Stanford; Plaintiffs Argue Financial and Law Firms Helped Aid $7 Billion Ponzi Scheme." You can freely access the full text of the article via Google News.
Posted at 10:30 PM by Howard Bashman



"Miami Herald sources: Capitol Hill lawyer chosen as Pentagon's 'Guantanamo closer.'" Carol Rosenberg of The Miami Herald has this report.
Posted at 09:21 PM by Howard Bashman


"The Roberts Court: What Kind of Conservatives?" Law professor David Cole has this post today at the blog of The New York Review of Books.
Posted at 09:08 PM by Howard Bashman


"Why I Am a Scalia Skeptic": Daniel McCarthy has this blog post today at The American Conservative.
Posted at 09:00 PM by Howard Bashman


"High Court Tapped Fee Pool to Open Term": Brent Kendall has this post at WSJ.com's "Washington Wire" blog.
Posted at 08:37 PM by Howard Bashman


"Brown allows illegal immigrants to get law licenses -- but noncitizens can't serve on juries": Howard Mintz and Jessica Calefati of The San Jose Mercury News have this update.
Posted at 08:26 PM by Howard Bashman


In posts of interest from Education Week's "School Law" blog: Mark Walsh today has posts titled "Supreme Court Declines to Take Up Education Appeals" and "Justices May Not Reach Merits of Age-Bias Case."
Posted at 08:22 PM by Howard Bashman


"Could it be Satan? Scalia says yes." Michael McGough has this essay online at The Los Angeles Times.
Posted at 08:17 PM by Howard Bashman


"Judge Diane Wood on the Patent System": The IIT Chicago-Kent College of Law has posted on YouTube the video of Seventh Circuit Judge Diane P. Wood's recent remarks at this link.

I previously linked to the prepared text of those remarks in a post you can access here.
Posted at 08:14 PM by Howard Bashman



"Kansas murder, EPA cases go before U.S. Supreme Court; Overturning of death-row gunman's conviction in sheriff slaying under review": The Topeka Capital-Journal has this report.
Posted at 08:08 PM by Howard Bashman


"The man who would take U.S.A. v. Apple to the Supreme Court: Meet Ted Boutrous, the lawyer handling Apple's appeal of the e-book antitrust verdict." Philip Elmer-DeWitt has this blog post online today at Fortune.
Posted at 08:04 PM by Howard Bashman


"Supreme Court: Is new campaign finance case another 'Citizens United'? Supreme Court justices will hear oral arguments Tuesday over whether certain limits on individuals' campaign contributions are justified in the wake of the Citizens United decision." Warren Richey of The Christian Science Monitor has this report.
Posted at 08:02 PM by Howard Bashman


"Roberts: The 'swing' justice of election law." Law professor Joshua A. Douglas has this essay online at Reuters.
Posted at 07:54 PM by Howard Bashman


"A Conservative Case for Gay Marriage: How banning gay marriage encourages big-government thinking." A. Barton Hinkle has this essay online at Reason.
Posted at 07:51 PM by Howard Bashman


"Appeals Courts Give Misbehaving Prosecutors The Privilege Of Anonymity": Radley Balko has this essay online at The Huffington Post.
Posted at 07:48 PM by Howard Bashman


"'No. No. Not That I Know Of.' The Scalia interview reveals his remarkable isolation from anyone who doesn't agree with him." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 06:12 PM by Howard Bashman


"The Federal Rules at 75": The University of Pennsylvania Law Review will be hosting this symposium next month.
Posted at 06:02 PM by Howard Bashman


In posts of interest from "The BLT: The Blog of Legal Times." Mike Scarcella has a post titled "No Hearings Postponed As D.C. Circuit Presses On."

And Todd Ruger has a post titled "Shutdown Delays Judicial Confirmation Process."
Posted at 05:06 PM by Howard Bashman



"A Preview Of The U.S. Supreme Court's Fall Term": This audio segment appeared on today's broadcast of WAMU 88.5 American University Radio's "The Diane Rehm Show."
Posted at 04:55 PM by Howard Bashman


"The Supremes Take On the Toxic Avenger: Carol Anne Bond was convicted of trying to poison her husband's lover; Now she's a symbol of government overreach." Pema Levy has this article online at Newsweek.
Posted at 04:51 PM by Howard Bashman


"A Blockbuster Supreme Court Term: There's no shortage of significant cases on the docket this year." Law professor Jonathan H. Adler has this essay today at National Review Online.
Posted at 04:46 PM by Howard Bashman


Sixth Circuit Library Twitter feed, we hardly knew ya! Sadly, but not unexpectedly, it appears that the Sixth Circuit Library Twitter feed has met an early demise.
Posted at 04:44 PM by Howard Bashman


"Slew of environmental cases sets up 'incredibly high-profile term'": Jeremy P. Jacobs of Greenwire has this report.
Posted at 04:30 PM by Howard Bashman


"High court weighs limits on campaign contributions": Mark Sherman of The Associated Press has this report.
Posted at 04:28 PM by Howard Bashman


Unanimous three-judge Ninth Circuit panel holds that a federal habeas statute deprives federal courts of jurisdiction to hear and decide the claims for damages of a former Guantanamo Bay enemy combatant detainee: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit in Hamad v. Gates at this link.
Posted at 02:22 PM by Howard Bashman


"Court considers ending Stanford Ponzi scheme suits": The Associated Press has this report.

Update: In other coverage, Greg Stohr of Bloomberg News reports that "Stanford Suits Questioned in High Court Securities Clash."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Chadbourne & Parke LLP v. Troice, No. 12-79.
Posted at 02:14 PM by Howard Bashman



"Argument recap: A bad way to open a Term." Lyle Denniston has this post at "SCOTUSblog."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Madigan v. Levin, No. 12-872.
Posted at 02:11 PM by Howard Bashman



"Eroding the checks on campaign contributions": Columnist Ruth Marcus of The Washington Post has this op-ed.
Posted at 01:42 PM by Howard Bashman


"Inquisitive Justices? No Argument There." Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.

According to Liptak, "A team of researchers led by Ryan A. Malphurs * * * found that the court reporters who insert the '[laughter]' notations into transcripts are a tough crowd and had overlooked countless instances of courtroom levity."

In Volume 10, Issue 2 of Communication Law Review, Malphurs had an article titled "'People Did Sometimes Stick Things in my Underwear': The Function of Laughter at the U.S. Supreme Court." Being the law geek that I am, I am pleased to report that I correctly remembered it was Justice Stephen G. Breyer who uttered the quote found in the title of the Malphurs article.
Posted at 01:20 PM by Howard Bashman



"Supreme Court won't stop execution for mental incapacity; Refusal to hear case means Warren Lee Hill will face the death penalty for two murder": Richard Wolf of USA Today has this news update.
Posted at 01:17 PM by Howard Bashman


"Supreme Court Declines to Decide When Online Speech Becomes an Illegal Threat": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 12:14 PM by Howard Bashman


"Do Prisoners Have the Right to Know What's in Their Lethal Injections? We may be seeing a new front in the war over capital punishment: the First Amendment." Andrew Cohen has this essay online at The Atlantic.
Posted at 12:10 PM by Howard Bashman


Additional news coverage of today's lengthy U.S. Supreme Court Order List: The Associated Press reports that "Court won't hear Va. appeal over sodomy law"; "Court won't hear appeal of landmark 1996 lawsuit"; "Court won't get involved in Hutterites case"; "Court won't hear appeal from ex-Abramoff associate"; "Court won't hear Scruggs appeal"; and "Court won't hear appeal from former Newark mayor."

Lawrence Hurley of Reuters reports that "U.S. justices seek Obama administration views in medical device case"; "U.S. Supreme Court again takes no action on climate change cases"; and "U.S. Supreme Court says banks cannot appeal in FHFA case."

And Greg Stohr of Bloomberg News reports that "Medtronic Appeal in Paraplegic Suit Gets High Court Query"; "Tobacco Companies Rejected by High Court in Florida Case"; "Utilities Spurned by Top Court on Phone-Company Pole Fees"; "Ex-Ernst & Young Executive Rebuffed in Tax Shelter Case"; "Toyota Rebuffed by Supreme Court on Prius Brake Lawsuits"; "Cintas Rejected by Supreme Court on EEOC Gender-Bias Suit"; and "Medtronic Rejected by High Court on Edwards Valve Patent."
Posted at 12:08 PM by Howard Bashman



"Major 2013-14 Supreme Court Term Cases": On today's broadcast of C-SPAN's "Washington Journal," "Supreme Court reporters Jess Bravin and Adam Liptak previewed the major cases before the court as it began its 2013-14 term." You can view the video by clicking here.
Posted at 11:54 AM by Howard Bashman


"Supreme Court term begins amid government shutdown": Mark Sherman of The Associated Press has this report.

And Josh Gerstein of Politico.com has a blog post titled "At SCOTUS, few signs of government shutdown."
Posted at 11:52 AM by Howard Bashman



Senior U.S. District Judge, sitting by designation, issues 50-page dissent from a decision affirming award of over three-quarter of a million dollars in attorneys' fees to a company wrongly sued for employment discrimination by the EEOC: You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 11:44 AM by Howard Bashman


"Three Things to Watch for in Tomorrow's Campaign Finance Oral Argument at the Supreme Court": Rick Hasen has this post at his "Election Law Blog."
Posted at 11:14 AM by Howard Bashman


"Justice Ginsburg: 'As Long As I Can Do the Job Full Steam, I Will.'" Ariane de Vogue has this post, in which I am quoted, today at the ABC News blog "The Note."
Posted at 09:48 AM by Howard Bashman


"Number of Female Harvard Law Review Editors Nearly Doubled in First Gender-Based Affirmative Action Cycle": Dev A. Patel has this article today in The Harvard Crimson.
Posted at 09:44 AM by Howard Bashman


"The Coming of the Kagan Court: Why Elena Kagan is the most influential liberal justice." Law professor Adam Winkler has this jurisprudence essay online at Slate.
Posted at 09:42 AM by Howard Bashman


Access online today's Order List of the U.S. Supreme Court: The Court has posted today's 94-page Order List at this link.

The Court did not grant review in any new cases but called for the views of the Solicitor General in four cases.

In early news coverage, The Associated Press reports that "High court won't hear Argentina appeal over bonds.

Greg Stohr of Bloomberg News reports that "Argentina Rejected by U.S. Court in Bond Payment Appeal."

Lawrence Hurley of Reuters reports that "Top U.S. court won't hear Argentina bond dispute appeal."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argentine bond case denied."
Posted at 09:36 AM by Howard Bashman



"Supreme Court set to consider donor limits": Byron Tau of Politico.com has this report.
Posted at 07:40 AM by Howard Bashman


"Supreme Court Has Deep Docket in Its New Term": Adam Liptak has this front page article today in The New York Times.

In today's edition of The Washington Post, Robert Barnes has an article headlined "Political gridlock puts Supreme Court at center of controversial social issues."

In today's edition of The Wall Street Journal, Jess Bravin has an article headlined "Campaign Giving Tops High Court's Docket; Case Follows Contentious Citizens United Ruling; Justices Also to Weigh Affirmative Action, Public Prayer and Abortion."

On today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment titled "Despite Shutdown, Supreme Court Opens Its Doors For New Term."

And Chris Geidner of BuzzFeed has a report headlined "11 Supreme Court Cases That Could Change The U.S. In The Coming Year: The Supreme Court will begin hearing cases this week; Although decisions could take until late June, here are the key cases to watch."
Posted at 07:33 AM by Howard Bashman



Sunday, October 6, 2013

"Donation caps hurt democracy": Shaun McCutcheon has this essay at Politico.com.
Posted at 10:24 PM by Howard Bashman


"U.S. Supreme Court Justice Elena Kagan speaks about diversity; Says Supreme Court amicable despite legal differences": This article appeared yesterday in The Tuscaloosa News.
Posted at 09:32 PM by Howard Bashman


"Richard Posner Reflects 'On Judging": Yesterday's broadcast of NPR's "Weekend Edition Saturday" contained this audio segment.

Seventh Circuit Judge Richard A. Posner's newest book is titled "Reflections on Judging."
Posted at 09:30 PM by Howard Bashman



"In Conversation: Antonin Scalia; On the eve of a new Supreme Court session, the firebrand justice discusses gay rights and media echo chambers, Seinfeld and the Devil, and how much he cares about his intellectual legacy ('I don't')." This interview will appear in the October 14, 2013 issue of New York magazine.
Posted at 09:06 PM by Howard Bashman


"'In the Balance,' by Mark Tushnet: The four most recent appointees to the Supreme Court have made it clear that they will follow their own jurisprudential paths." In Monday's edition of The Wall Street Journal, Adam J. White will have this review of law professor Mark Tushnet's new book, "In the Balance: Law and Politics on the Roberts Court."

You can freely access the full text of the book review via Google News.
Posted at 07:42 PM by Howard Bashman



"Passaic County native sworn in as U.S. appeals judge": This article appeared yesterday in The Record of Hackensack, New Jersey.
Posted at 07:35 PM by Howard Bashman


"Stanford Ponzi Scheme Opens Supreme Court Term; Dispute Over Whether Law and Insurance Firms Can Be Sued Is Among Spate of Business Cases on Docket": Brent Kendall will have this article Monday in The Wall Street Journal. You can freely access the full text of the article via Google News.

Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court: Campaign finance and public prayer top new term agenda; The Supreme Court begins its new term Monday despite the government shutdown; Top cases in the coming months also will address presidential recess appointments and affirmative action."

Pete Williams of NBC News reports that "Supreme Court returns to hot-button issues in 'year of the sequel.'"

And Bill Mears of CNN.com reports that "Church and state, executive power on Supreme Court docket."
Posted at 07:30 PM by Howard Bashman



"Pivotal campaign finance case on U.S. high court docket": Lawrence Hurley and Gabriel Debenedetti of Reuters have this report.
Posted at 07:25 PM by Howard Bashman


"In divided D.C. for Red Mass, Dallas bishop Kevin Farrell urges respect amid differences": Michael Lindenberger of The Dallas Morning News has this blog post.
Posted at 07:22 PM by Howard Bashman


"Supreme Court term begins with contentious topics": Mark Sherman of The Associated Press has this report.
Posted at 04:40 PM by Howard Bashman


"A Plea for Civility at Annual Red Mass in D.C." Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 03:32 PM by Howard Bashman


"The Iowa Supreme Court Makes Timeliness a Priority": Ryan Koopmans has this post today at "On Brief: Iowa's Appellate Blog."
Posted at 03:30 PM by Howard Bashman


On the day before the first Monday in October, Justice Sonia Sotomayor is quoted on the front page of The New York Times: On the subject of New York City's superiority in restaurant food delivery, in an article headlined "In Age of Anywhere Delivery, the Food Meets You for Lunch."
Posted at 02:51 PM by Howard Bashman


"In new term, Supreme Court may steer to right on key social issues; The Supreme Court's conservative bloc has a clear chance to shift the law to the right on abortion, contraception, religion and campaign funding": David G. Savage has this article today in The Los Angeles Times.
Posted at 02:48 PM by Howard Bashman


"Under the U.S. Supreme Court: Rough times ahead for Obama." Michael Kirkland of UPI has this report.
Posted at 09:28 AM by Howard Bashman


Saturday, October 5, 2013

"Illegal immigrants allowed to practice law in California": Reuters has a report that begins, "Illegal immigrants can be licensed to practice law in California under one of eight bills expanding immigrant rights that were signed by Governor Jerry Brown on Saturday."

A few weeks ago, Bob Egelko of The San Francisco Chronicle examined the background of the legislation in an article headlined "Bill would let undocumented immigrants be lawyers."

And today at the "At the Lectern" blog, David Ettinger has a post titled "Governor signs 'Garcia' bill."
Posted at 10:22 PM by Howard Bashman



"Affirmative action intact at UNC": This article appeared in Friday's edition of The Daily Tar Heel, the student newspaper of the University of North Carolina at Chapel Hill.

And at The Huffington Post, Molly Nestor has a blog entry titled "Why This New Teacher is Going to the Supreme Court" that begins, "When Proposal 2 passed in 2006, it banned race-conscious college admissions policies in Michigan."
Posted at 10:14 PM by Howard Bashman



"Supreme Court can rescue another freedom in a campaign cash case": Columnist George F. Will has this op-ed in The Washington Post.
Posted at 10:06 PM by Howard Bashman


"The Supreme Court Returns": This editorial will appear in Sunday's edition of The New York Times.
Posted at 10:04 PM by Howard Bashman


"Controversy again on docket for Supreme Court; Hot-button issues before the court this term include abortion, affirmative action and campaign donations": In Sunday's edition of The Los Angeles Times, law professor John C. Eastman will have this op-ed.

In addition, law professor Eric J. Segall will have an op-ed titled "A liberal nightmare at the Supreme Court? Three key high court cases that could dramatically shift U.S. constitutional law to the right are likely to hinge on the vote of Justice Anthony M. Kennedy."
Posted at 11:32 AM by Howard Bashman



"Argument preview: Campaign finance -- again." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 11:28 AM by Howard Bashman


Friday, October 4, 2013

"Court denies foster child's request to get abortion without adult consent": The Omaha World-Herald has a news update that begins, "The Nebraska Supreme Court on Friday refused a 16-year-old foster child's request to get an abortion without parental consent."

And The Associated Press reports that "Nebraska Supreme Court rejects state ward's request to waive parental consent for abortion."

You can access today's ruling of the Supreme Court of Nebraska at this link.
Posted at 11:37 PM by Howard Bashman



"Apple appeals e-books conspiracy ruling; Apple's attorney files a notice of appeal, which seeks to overturn a federal judge's decision that Apple orchestrated a conspiracy to cut out e-book competition and raise prices, as well as penalties the judge ordered": c|net has this report.

And The Associated Press reports that "Apple files promised appeal in book-collusion case."
Posted at 11:33 PM by Howard Bashman



"Alaska's high court first supreme court in the nation to hear climate change case": Alaska public radio station KTOO has this report.

You can view the video of yesterday's oral argument via this link.
Posted at 11:30 PM by Howard Bashman



"Lady Hale, supreme court's sole female justice, calls for diversity; UK's most senior woman judge says since her appointment all 13 posts for judiciary's highest echelons went to men": The Guardian (UK) has this report.
Posted at 11:22 PM by Howard Bashman


"Alabama Supreme Court overturns 1989 decision requiring noncustodial parents to pay college costs for adult children": AL.com has this report on a ruling that the Supreme Court of Alabama issued today.
Posted at 11:16 PM by Howard Bashman


"A conversation with Justice Stephen Breyer": Harvard Law School has posted the video from Justice Stephen G. Breyer's visit earlier this week at this link.
Posted at 11:09 PM by Howard Bashman


"Derrick Wang discusses 'Scalia/Ginsburg,' his opera about the Supreme Court justices": The Washington Post has this report.
Posted at 11:06 PM by Howard Bashman


"Supreme Court justice speaks at UA": The Crimson White, the student newspaper of the University of Alabama, has this news update.
Posted at 04:22 PM by Howard Bashman


"Supreme Court and Prayer at Government Meetings": The PBS program "Religion and Ethics Newsweekly" has posted online this video segment.
Posted at 04:20 PM by Howard Bashman


"Citizens Divided: The Supreme Court's Next Campaign Finance Test." Elizabeth B. Wydra has this blog entry online today at The Huffington Post.
Posted at 02:58 PM by Howard Bashman


"Shutdown Isn't Stopping Supreme Court or Solicitor General's Office": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 02:53 PM by Howard Bashman


"Kagan: Confirmation process 'sort of broken.'" The Associated Press has this report.
Posted at 12:55 PM by Howard Bashman


"The question facing Ruth Bader Ginsburg: Stay or go?" Robert Barnes will have this lengthy cover story in this upcoming Sunday's edition of The Washington Post Magazine.
Posted at 12:54 PM by Howard Bashman


"Ohio can use compounding pharmacies for execution drugs": The Columbus Dispatch has this news update.

And The Associated Press reports that "Ohio announces alternative lethal injection drug."
Posted at 11:30 AM by Howard Bashman



"Chief Judge Diane Wood's Keynote Address at SCIPR 2013: 'Is It Time to Abolish the Federal Circuit's Exclusive Jurisdiction in Patent Cases?'" The Chicago-Kent Journal of Intellectual Property has this report, which contains a link to Judge Wood's related essay.

Now we await a call from the Federal Circuit's Chief Judge to abolish the Seventh Circuit.
Posted at 11:22 AM by Howard Bashman



"Big battles brewing over the Constitution's original meaning": Doug Kendall and Tom Donnelly have this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 11:14 AM by Howard Bashman


"Fla. Supreme Court reinstates conviction in case where drug sniffing dog was used": The Associated Press has this report on a ruling that the Supreme Court of Florida issued yesterday on remand from the U.S. Supreme Court.
Posted at 09:25 AM by Howard Bashman


"Westlake lawyer to argue Supreme Court case; Event is 'ambition of virtually every lawyer'": This article appears today in The Austin American-Statesman.
Posted at 08:52 AM by Howard Bashman


"Supreme Court Justice Marc Nadon feels a draft after hockey claim whistled down; Prime Minister Stephen Harper confirmed the appointment of Marc Nadon to the Supreme Court of Canada, as the new judge faced his critics who called him offside for claiming he was 'drafted' at 14 to the NHL": The Toronto Star has this report.

And in yesterday's edition of The Toronto Globe and Mail, Sean Fein had an article headlined "Newest Supreme Court judge Marc Nadon skates through nomination hearing."
Posted at 08:44 AM by Howard Bashman



"Supreme Court justice speaking at Ala law school": The Associated Press has this report.

And online at The American Prospect last Friday, Scott Lemieux had an essay titled "I Was Wrong about Elena Kagan: The Supreme Court's newest recruit has proved herself a defender of progressive values, and a promising potential leader of the bench's liberal wing."
Posted at 08:36 AM by Howard Bashman



"Americans Still Divided on Approval of U.S. Supreme Court; Plurality in U.S. see high court as ideologically 'about right'": Gallup issued this report today, based on the organization's annual Governance poll.
Posted at 08:35 AM by Howard Bashman


"Small town, big impact: Supreme Court case could define religion's role in public." The Washington Times has this report.
Posted at 08:26 AM by Howard Bashman


"Campaign-Money Limits at Risk in New Court Term": Greg Stohr of Bloomberg News has this report.
Posted at 08:18 AM by Howard Bashman


"Workers and employers face off at U.S. Supreme Court": Lawrence Hurley and Amanda Becker of Reuters have this report.
Posted at 08:16 AM by Howard Bashman


"Case on Comcast cable customers won't go away": Today's edition of The Philadelphia Inquirer contains an article that begins, "In late March, the U.S. Supreme Court seemed to have plunged a stake into a long-running class-action lawsuit between Comcast Corp. and plaintiffs' attorneys who claimed the company abused its market power to hike cable bills on Philadelphia-area customers."
Posted at 08:14 AM by Howard Bashman


"Christians and cretins: Scalia visits U.Va.; Supreme court justice talks faith, urges Christians to remain courageous." The Cavalier Daily, the student newspaper of the University of Virginia, contains this article today.

And today's edition of The Daily Progress of Charlottesville, Virginia reports that "Scalia talks religion at UVa."
Posted at 08:08 AM by Howard Bashman



Thursday, October 3, 2013

"Justice Kennedy talks experience, ethics; The Supreme Court justice's visit kicks off Penn Law's new Visiting Jurist Program": This article will appear in Friday's edition of The Daily Pennsylvanian.
Posted at 10:54 PM by Howard Bashman


"3 lifers win ruling in juvenile sentencing case": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 10:42 PM by Howard Bashman


The U.S. Court of Appeals for the Fourth Circuit has launched a redesigned web site: You can view the site by clicking here.
Posted at 10:10 PM by Howard Bashman


"Supreme Court case could give wealthy donors more latitude in elections": Robert Barnes and Matea Gold will have this article Friday in The Washington Post.
Posted at 09:27 PM by Howard Bashman


"Kennedy says too many disputes left for court": The Associated Press has a report that begins, "Justice Anthony Kennedy criticized the ideological gridlock that leaves so many divisive issues to the Supreme Court, saying a 'functioning democracy' would resolve them in the political arena."
Posted at 07:54 PM by Howard Bashman


"5th Circuit's BP opinion adds to hot debate on use of class actions": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report, in which I am quoted.
Posted at 07:44 PM by Howard Bashman


"Supreme Court weighs limits on campaign donations": This article will appear Friday in USA Today.
Posted at 07:11 PM by Howard Bashman


"Court working next week": Lyle Denniston has this post at "SCOTUSblog."
Posted at 06:34 PM by Howard Bashman


"The End of the Reasonable Observer: The 2013 term at the Supreme Court may prove the last gasp of Sandra Day O'Connor's legacy." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 04:05 PM by Howard Bashman


"Surrogate mother can argue for parental rights, Nevada Supreme Court rules": The Las Vegas Review-Journal has a news update that begins, "A woman who bore a child from a fertilized egg donated by her female companion will get the chance to make her case for parental rights, the state Supreme Court ruled Thursday in a case unprecedented in Nevada."

I have posted online at this link today's ruling of the Supreme Court of Nevada.
Posted at 03:22 PM by Howard Bashman



"Mitch McConnell Will Ask Supreme Court To Scrap Campaign Contribution Limits Entirely": Paul Blumenthal of The Huffington Post has this report.
Posted at 03:12 PM by Howard Bashman


"Divided judges nudge BP lawsuit closer to U.S. Supreme Court": John Kemp of Reuters has this essay.

Circuit Judge Edith Brown Clement's lead opinion for the three-judge panel agrees with the title of a post that appeared nearly six months ago at the "Point of Law" blog -- "Sullivan v. DB Investments: Judge Jordan's dissent was right" (disclosure: I briefed and argued that appeal on behalf of an objector who won on this issue before the three-judge panel but then lost on the issue before the en banc Third Circuit).

I anticipate that we will be hearing more about this issue sometime soon from Thomson Reuters News & Insight columnist Alison Frankel's "On the Case."
Posted at 01:38 PM by Howard Bashman



"Shutdown or No, Hot-Button Issues Await Supreme Court Next Week": Ariane De Vogue of ABC News has this report.
Posted at 01:23 PM by Howard Bashman


"Recap of Federalist Society Preview Panel on the Supreme Court's 2013 October Term": The "FedSoc Blog" has this post today.

C-SPAN has posted the video of yesterday's event at this link.
Posted at 01:15 PM by Howard Bashman



"USITC told to review ruling that Google did not violate Microsoft patent": Reuters has this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 12:12 PM by Howard Bashman


"NY court: Penile stimulation test unnecessary." The Associated Press has a report that begins, "A New York appeals court has rejected as 'extraordinarily invasive' and unjustified a requirement that a sex offender undergo penile stimulation testing after his release from prison."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 12:06 PM by Howard Bashman



"Supreme Court to Tackle Race Case; Issue: Mich. preference ban." Mark Walsh has this article in the current issue of Education Week.
Posted at 11:58 AM by Howard Bashman


"Conscience Creep: What's so wrong with conscience clauses?" Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 11:55 AM by Howard Bashman


"The Millions Left Out of Health Reform by John Roberts": Matthew Yglesias has this essay online today at Slate about a front page article in today's edition of The New York Times headlined "Millions of Poor Are Left Uncovered by Health Law."
Posted at 11:54 AM by Howard Bashman


"Suit against treasure hunter can proceed": The Associated Press has this report.

My earlier coverage of yesterday's Sixth Circuit ruling can be accessed here.
Posted at 10:30 AM by Howard Bashman



"Delaware's corporate courts on brink of big change": Tom Hals of Reuters has this news analysis.
Posted at 10:18 AM by Howard Bashman


"Scalia addresses Tufts community on interpretation": The Tufts Daily contains this article today, along with an article headlined "Scalia talk provokes pre-lecture protest."
Posted at 09:00 AM by Howard Bashman


"Six Celebrities Awarded W.E.B. Du Bois Medal": This article appears today in The Harvard Crimson.
Posted at 08:57 AM by Howard Bashman


"A reflective Justice Breyer: Longtime jurist explains inner workings of Supreme Court." The Harvard Gazette has this report.
Posted at 08:56 AM by Howard Bashman


"The Courts and the Shutdown": Dorothy J. Samuels has this post at the "Taking Note" blog of The New York Times.
Posted at 08:54 AM by Howard Bashman


"Argument preview: What's the remedy for age bias?" Lyle Denniston has this post today at "SCOTUSblog."
Posted at 08:51 AM by Howard Bashman


Wednesday, October 2, 2013

"Partial Victory for BP in Dispute Over Settlement": This article will appear in Thursday's edition of The New York Times.

Bloomberg News reports that "BP Wins Reconsideration of Payouts to Oil-Spill Victims."

Jonathan Stempel of Reuters has a report headlined "BP wins reprieve over Gulf spill payouts: U.S. appeals court."

And The Associated Press reports that "Appeals court gives BP a win in settlement dispute."

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



"Fish or Cut Bait": Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
Posted at 09:08 PM by Howard Bashman


"All rise: The justices will now hunt antelope, or attend the opera." Michael Doyle of McClatchy Washington Bureau has this report.
Posted at 09:00 PM by Howard Bashman


"Sotomayor, Spielberg win Harvard Du Bois medals": The Associated Press has this report.
Posted at 08:57 PM by Howard Bashman


"Supreme Court justice Scalia speaks at Tufts": The Associated Press has this report.

And Reuters reports that "Justice Scalia says has not expressed view on gay marriage."
Posted at 08:54 PM by Howard Bashman



"Supreme Court poised to tilt further to the right; The justices, whose term begins Monday, will consider cases involving race, abortion rights, prayers at government meetings, restrictions on wealthy political donors, environmental regulations and Obamacare": Richard Wolf will have this article in Thursday's edition of USA Today.
Posted at 08:32 PM by Howard Bashman


"It's Not Citizens United": Law professor Charles Fried has this op-ed today in The New York Times.
Posted at 05:54 PM by Howard Bashman


"The Most Ingenious Attack on Gay Marriage Bans: It's a new lawsuit in Pennsylvania, and it's likely to succeed." Law professor John Culhane has this jurisprudence essay online at Slate.
Posted at 05:47 PM by Howard Bashman


"Baby Veronica case: Dusten Brown won't be sent to South Carolina." The Tulsa World has this news update.

And The Post and Courier of Charleston, South Carolina has a news update headlined "Haley drops effort to extradite Dusten Brown from Oklahoma in Veronica case."
Posted at 05:07 PM by Howard Bashman



"Los Angeles County leads the U.S. in imposing the death penalty; Seven of the top 12 counties for sentencing convicts to die were in California, according to a report showing death rows are primarily filled by just 2% of counties": David G. Savage has this article today in The Los Angeles Times.
Posted at 03:51 PM by Howard Bashman


"Citing lack of money, Justice Department asks for stay in Geneva College challenge to Affordable Care Act": Rich Lord of The Pittsburgh Post-Gazette has a news update that begins, "The U.S. Department of Justice today asked for a stay in a contentious legal battle over the Affordable Care Act, saying that the failure of Congress to extend appropriations has limited its ability to defend the law."
Posted at 03:42 PM by Howard Bashman


Sixth Circuit decides sunken treasure case involving the 19th-century steamship S.S. Central America, also known as the "Ship of Gold": You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.

In earlier related coverage, on August 27, 2012 FoxNews.com posted an article headlined "Treasure hunter who found 'Ship of Gold' now sought by US Marshals."
Posted at 03:09 PM by Howard Bashman



"Former Texas Chief Justice Wallace B. Jefferson Joins Alexander Dubose & Townsend; Firm's New Name is Alexander Dubose Jefferson & Townsend LLP": You can view that law firm's news release at this link.
Posted at 03:00 PM by Howard Bashman


"Justice Alito offers lessons from the bench -- and a distinguished career": Duke Law News has this report.
Posted at 01:40 PM by Howard Bashman


"Superior Court denies Jerry Sandusky's bid for new trial": The Centre Daily Times of State College, Pennsylvania has this news update.

Bloomberg News reports that "Ex-Penn State Coach Sandusky Conviction Upheld on Appeal."

Reuters reports that "Sandusky denied new trial on child sex abuse charges."

And The Associated Press has a report headlined "Pa. appeals court: No new trial for Jerry Sandusky."

You can access today's ruling of the Superior Court of Pennsylvania at this link.
Posted at 01:32 PM by Howard Bashman



"The 15th Annual Looking Ahead at the New Supreme Court Term": The American University Washington College of Law is hosting this event today. You can view the discussion live online via this link beginning at noon eastern time today.
Posted at 10:32 AM by Howard Bashman


"What Kind of Appellate Lawyer Was Justice Roberts? Ten years after John Roberts made his last argument before the U.S. Supreme Court, we look back at his appellate career and the hints he gave about the justice he would become." Tony Mauro has this cover story (free registration may be required) in the October 2013 issue of The American Lawyer.
Posted at 09:15 AM by Howard Bashman


"How a Purse Snatching Led to the Legal Justification for NSA Domestic Spying": David Kravets has this post today at Wired.com's "Threat Level" blog.
Posted at 09:12 AM by Howard Bashman


"Court favors Abercrombie in Okla. suit over hijab": The Associated Press has a report that begins, "A federal appeals court has dismissed a lawsuit filed on behalf of an Oklahoma woman who says she wasn't hired by Abercrombie & Fitch because her headscarf conflicted with the retailer's dress code, which has since been changed."

You can access yesterday's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 09:04 AM by Howard Bashman



"Secular Charter case shows Supreme Court judges can be ideological -- and wrong": Emmett Macfarlane has this essay in The Toronto Globe and Mail.
Posted at 09:02 AM by Howard Bashman


"HLS Professor Predicts Future of Supreme Court": This article appears today in The Harvard Crimson.
Posted at 08:56 AM by Howard Bashman


"A Conversation With Jeffrey Toobin: The legal analyst for CNN and The New Yorker -- and author of two books about the U.S. Supreme Court ('The Nine' and 'The Oath') -- talks about the court's new term." Law professor Lisa McEloy has this interview with Jeffrey Toobin in the October 2013 issue of AARP Bulletin.
Posted at 08:55 AM by Howard Bashman


"Smartphones dial up a controversy over search warrants": Michael Doyle of McClatchy Washington Bureau has this report.
Posted at 08:52 AM by Howard Bashman


"The Supreme Court, redux: Scholars review reasoning behind three key spring decisions." The Harvard Gazette has this report.
Posted at 08:44 AM by Howard Bashman


"Florida takes water wars to Supreme Court; Lawsuit alleges 'overconsumption' by Georgia": This article appears today in The Gainesville (Ga.) Times.
Posted at 08:40 AM by Howard Bashman


"Federalist Society Previews Supreme Court Term": C-SPAN plans to provide live coverage of this event beginning at 12:30 p.m. eastern time today.
Posted at 08:36 AM by Howard Bashman


Tuesday, October 1, 2013

"Appeals court overturns decision to shutter website critical of Lafayette police": The Associated Press has this report.

And at Ars Technica, Cyrus Farivar has a report headlined "Court: website alleging police corruption shouldn't have been shut down; Local cops posted text, audio showing claimed corruption -- then their bosses sued."

You can access yesterday's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 11:16 PM by Howard Bashman



"Justices to Weigh Key Limit on Political Donors": Adam Liptak will have this front page article Wednesday in The New York Times.
Posted at 11:08 PM by Howard Bashman


"Supreme Court to hear case on anonymous tips": Bob Egelko will have this article in Wednesday's edition of The San Francisco Chronicle.
Posted at 11:00 PM by Howard Bashman


"Supreme Court Adds Patent Troll Case to its Docket": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 10:54 PM by Howard Bashman


"Justices to Hear 'Raging Bull' Copyright Appeal": Adam Liptak will have this article Wednesday in The New York Times.

In Wednesday's edition of The Los Angeles Times, David G. Savage will have an article headlined "Supreme Court takes on 'Raging Bull' copyright case; Justices will decide eight cases, including a dispute over the film 'Raging Bull' and a challenge for the right to own a gun after being convicted of domestic violence without physical force."

And at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Supreme Court Will Hear 'Raging Bull' Dispute; An author's heir will get another chance to show that she didn't wait too long in suing MGM and Fox over the famous film."
Posted at 10:52 PM by Howard Bashman



"Supreme Court to hear challenge to Forest Service's 'rails to trails' program": Jeremy P. Jacobs of Greenwire has this report.
Posted at 08:02 PM by Howard Bashman


In the October 2013 issue of California Lawyer magazine: Pamela A. MacLean has a cover story headlined "Unfit to Practice? The state Supreme Court must decide whether a lawyer's possession of child pornography requires summary disbarment."

In addition, MacLean also has an article headlined "Top of the Ninth: Still Playing Left Field."

Law professor Erwin Chemerinsky has an article headlined "The Supremes: Where Do We Go from Here?"

An interview with James Bopp, Jr. is headlined "Killing Campaign Finance Reform." The video of the nearly hour-long interview can be viewed on YouTube at this link.

Rocky Tsai and Rebecca Harlow have an article headlined "Cy Pres: The Next Best Thing -- or Not."

And Michael Parente has this review of the book "Murder at the Supreme Court: Lethal Crimes and Landmark Cases," by Martin Clancy and Tim O'Brien.
Posted at 05:22 PM by Howard Bashman



"Justice Antonin Scalia Speaks at Bork Memorial Lecture": Georgetown Law issued this news release today.
Posted at 05:06 PM by Howard Bashman


Diane P. Wood today became the Chief Judge of the U.S. Court of Appeals for the Seventh Circuit: My post previewing this change, published on the night of August 12, 2013, can be accessed here.

According to a knowledgeable reader, Circuit Judge Frank H. Easterbrook decided to end his tenure as Chief Judge just before serving his full seven-year term, to allow this change to take effect today.
Posted at 04:54 PM by Howard Bashman



Federal Circuit issues decision addressing whether, under the Lanham Act, a local government entity may obtain a federal trademark registration for the entity's official insignia: Both the City of Houston and the District of Columbia find themselves on the losing end of a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.

Previously, "The TTABlog" provided coverage of this matter in posts titled "TTAB Rules that Section 2(b) Bars Registration of a Government Entity's Own Official Insignia" and "CAFC Hears Oral Arguments in Houston and District of Columbia Section 2(b) Appeals."

You can access the rulings of the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office, which the Federal Circuit affirmed today, here and here.
Posted at 12:24 PM by Howard Bashman



"What the Scopes Trial Teaches Us About Climate-Change Denial: The Tennessee courtroom battle showed what can happen when big business joins forces with religious faith." Andrew Cohen has this essay online at The Atlantic.
Posted at 12:11 PM by Howard Bashman


"Court grants eight cases": Lyle Denniston has this post at "SCOTUSblog."
Posted at 12:07 PM by Howard Bashman


"Ninth Circuit's First All-Alaskan Appellate Panel to Sit in Pasadena": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit today issued a news release that begins, "The United States Court of Appeals for the Ninth Circuit will make judicial history this month when it convenes its first all-Alaskan appellate panel." The news release goes on to state, "Appellate panels are randomly assigned[,] and the all-Alaskan panel resulted from the luck of the draw."
Posted at 11:52 AM by Howard Bashman


"High Court Fails To Act On Major Business Case Cert Petitions": Glenn G. Lammi of the Washington Legal Foundation has this post at Forbes.com.
Posted at 11:10 AM by Howard Bashman


"Despite reprieve, California fights prison crowding order": Reuters has this report.
Posted at 11:08 AM by Howard Bashman


Lawrence Hurley of Reuters is reporting: He has articles headlined "U.S. Supreme Court takes no action on Argentina bonds case"; "U.S. Supreme Court agrees to hear 'Raging Bull' copyright case"; and "U.S. Supreme Court takes no action on climate change cases."
Posted at 11:07 AM by Howard Bashman


The Associated Press is reporting: In coverage of this morning's U.S. Supreme Court Order List, The AP has reports headlined "Court: Is anonymous tip enough for traffic stop?"; "Justices to hear gun ban case"; and "Justices to hear appeal over movie 'Raging Bull.'"
Posted at 11:02 AM by Howard Bashman


Greg Stohr of Bloomberg News is reporting: He has articles headlined "Gun Ban for Domestic Abusers Draws U.S. High Court Review"; "Patent-Suit Abuse Targeted as Supreme Court Accepts Case"; "Taxes on Severance Payments Draw U.S. High Court Review"; and "U.S. Supreme Court Defers Action on Argentina Bond Appeal."
Posted at 11:00 AM by Howard Bashman


Access online today's Order List of the U.S. Supreme Court: You can access today's Order List at this link. The Court granted review in eight cases. The Order List also contained one denial of review, in a death penalty case from Florida in which the execution is scheduled to occur this evening.
Posted at 09:32 AM by Howard Bashman


"The DOJ's Insane Argument Against Weev: He's A Felon Because He Broke The Rules We Made Up." Mike Masnick had this post yesterday at the "Techdirt" blog about a federal criminal appeal pending before the U.S. Court of Appeals for the Third Circuit.
Posted at 08:17 AM by Howard Bashman


"High-Profile Issues Fill Docket For New Supreme Court Term": This audio segment featuring Emily Bazelon appeared on yesterday's broadcast of WBUR Radio's "Here & Now."
Posted at 08:02 AM by Howard Bashman


"Harper's nomination continues Supreme Court's shift to the right": Sean Fine has this article today in The Toronto Globe and Mail.

And The Canadian Press reports that "Harper nominates Federal Court appeal judge Marc Nadon for Supreme Court."
Posted at 08:00 AM by Howard Bashman



"Federal courthouse named for Jackson at official ceremony; As the former U.S. Supreme Court justice's legal contributions are hailed, his granddaughter offers a glimpse into his private life": The Buffalo News has an article that begins, "For judges, lawyers and legal scholars, Robert H. Jackson's legacy is the stuff of legend."
Posted at 07:55 AM by Howard Bashman


"Heroes and Soldiers of the Supreme Court": Law professor Cass R. Sunstein has this essay online at Bloomberg View.
Posted at 07:52 AM by Howard Bashman


"Court Reviews Gitmo Ruling; U.S. Argues for Right to Try Defendants for Conspiracy Under 'American Common Law of War'": Jess Bravin has this article today in The Wall Street Journal.

And at the "Lawfare" blog, Wells Bennett and Raffaela Wakeman have a post titled "Al-Bahlul v. United States: Oral Argument Recap."
Posted at 07:46 AM by Howard Bashman



"The Confident Court": Law professor Jennifer Mason McAward has posted this essay online at SSRN (via "Legal Theory Blog").
Posted at 07:42 AM by Howard Bashman






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