How Appealing

Saturday, November 30, 2013

"Grand Forks grandparent visitation case appealed to N.D. Supreme Court": This front page article appears today in The Forum of Fargo-Moorhead, North Dakota.
Posted at 06:21 PM by Howard Bashman


"Digital era confounds the courts": Tal Kopan of Politico.com has this report.
Posted at 06:11 PM by Howard Bashman


"San Francisco jail sex-bias case heads to court": Bob Egelko of The San Francisco Chronicle has this preview of a case scheduled for oral argument Wednesday at the U.S. Court of Appeals for the Ninth Circuit.
Posted at 02:45 PM by Howard Bashman


"Iowa Supreme Court disagreeing more; Dissenting votes on the increase for Iowa Supreme Court": This front page article appears today in The Gazette of Cedar Rapids, Iowa.
Posted at 01:48 PM by Howard Bashman


"Yes, Stephen Breyer and Ruth Bader Ginsburg should still retire": Jonathan Bernstein had this blog entry yesterday at "The Plum Line" blog of The Washington Post.
Posted at 01:42 PM by Howard Bashman


"Liberals push wish list on Obama": Alexander Bolton of The Hill has a blog post that begins, "Labor unions and liberal groups are pressing President Obama to select left-wing nominees for key regulatory and judicial posts in the aftermath of the Senate nuclear option."

And The Hill also has a blog post by Ben Goad and Julian Hattem titled "Easier road seen for Obama regs."
Posted at 01:40 PM by Howard Bashman



"Abortion Cases in Court Helped Tilt Democrats Against the Filibuster": Jeremy W. Peters has this article today in The New York Times.

Esme E. Deprez of Bloomberg Businessweek has an article headlined "The Vanishing Abortion Clinic."

And online at Bloomberg View, Megan McArdle has an essay titled "A Fight Over Contraception Won't Help Obamacare."
Posted at 08:37 AM by Howard Bashman



Friday, November 29, 2013

"What Filibuster Reform Critics Forget: the Federal Judge Shortage: A noted federal appeals courts judge tries to soft-shoe last week's filibuster reform -- and ends up sounding like a partisan miffed about the restoration of a fully-populated judiciary." Andrew Cohen has this essay online at The Atlantic.
Posted at 02:25 PM by Howard Bashman


"Despite Outlaw Image, Hells Angels Sue Often": Serge F. Kovaleski has this front page article in today's edition of The New York Times.
Posted at 02:14 PM by Howard Bashman


"Prisoners Fight U.S. Over Repatriation From Guantanamo Bay; Effort to Close Prison Hits Snag as Some Detainees Resist Transfer to Home Countries": Jess Bravin has this article today in The Wall Street Journal.
Posted at 12:30 PM by Howard Bashman


"SCOTUSblog on camera: J. Harvie Wilkinson, III -- Part six." "SCOTUSblog" has posted this video online today, part six of an eight-part interview. Today's installment features Judge Wilkinson's tips on Thanksgiving leftovers and returning unwanted Hanukkah gifts.
Posted at 12:26 PM by Howard Bashman


"Long-shot legal challenges to health care law abound; President Obama's law faces hurdles beyond the Supreme Court case on the birth control mandate": Richard Wolf of USA Today has this report.
Posted at 12:18 PM by Howard Bashman


"Pa. Supreme Court poised to take on sentencing case": In today's edition of The Pittsburgh Post-Gazette, Paula Reed Ward has an article that begins, "The Allegheny County district attorney's office will ask the state Supreme Court to determine what sentencing law should be followed for a defendant whose victim was injured in 1993 and died in 2007."
Posted at 11:37 AM by Howard Bashman


Access online the Fall 2013 issue of Delaware Lawyer magazine, devoted to the topic of "Navigating the Appellate Courts: Advice from the Experts." You can access the complete contents of the issue by clicking here.

David C. Frederick has an article headlined " Essentials of Supreme Court Practice."

An interview with the Justices serving on the Supreme Court of Delaware is headlined "Appellate Practice Roundtable with the Delaware Supreme Court."

And I have an article about appellate practice at the U.S. Court of Appeals for the Third Circuit.
Posted at 10:02 AM by Howard Bashman



"What if Chief Justice George had taken federal appointment?" Bob Egelko of The San Francisco Chronicle has a blog post that begins, "Of all the revelations in former Chief Justice Ronald George's newly published memoir (Chief: The Quest for Justice in California), one of the most intriguing is that he was offered a coveted judgeship on the Ninth U.S. Circuit Court of Appeals in 1987, but turned it down because he had just been appointed to a state appellate court."
Posted at 09:54 AM by Howard Bashman


Thursday, November 28, 2013

"Despite Filibuster Limits, a Door Remains Open to Block Judge Nominees": Charlie Savage will have this article in Friday's edition of The New York Times.

And online at The New Yorker, Jeffrey Toobin on Tuesday had a blog post titled "Blue-Slip Battle: The Senate Obstructionists' Secret Weapon."
Posted at 09:52 PM by Howard Bashman



"Supreme Court justices compete in rare contest; Sitting chief justice, challenger both have record favoring open government": Today's edition of The Greenville (S.C.) News contains this front page article.
Posted at 01:42 PM by Howard Bashman


"Court considering second major gun law; La. drug-gun statute latest to face review": This front page article appears today in The Advocate of Baton Rouge, Louisiana.
Posted at 01:33 PM by Howard Bashman


Lord Jonathan Sumption of the Supreme Court of the United Kingdom recently delivered the 27th Sultan Azlan Shah Lecture in Kuala Lumpur on "The Limits of Law": The UK Supreme Court posted the text of the lecture online today.

At his blog "Public law for everyone," Dr. Mark Elliott has a post titled "Lord Sumption on the limits of the judicial role."

Last month, The Star of Kuala Lumpur, Malaysia previewed the event in an article headlined "British Supreme Court judge to speak at law lecture."
Posted at 01:26 PM by Howard Bashman



"FISA court, which approves FBI, NSA surveillance, faces reform challenge from Oregon senators": The Oregonian has published this lengthy article.
Posted at 01:03 PM by Howard Bashman


"Autocam lawyers are pleased even as Supreme Court won't hear their challenge to Obamacare": The Grand Rapids Press has this report.
Posted at 11:50 AM by Howard Bashman


"Laying down the Laws: human rights court shouldn't have last word; Longest-serving appeal judge, Sir John Laws, questions Lord Bingham's rule that Strasbourg is final authority on convention." Joshua Rozenberg of The Guardian (UK) has this report on yesterday's third lecture of the Hamlyn Lectures 2013.

The Guardian also has a second report on the speech headlined "Stop deferring to human rights court, says senior judge; Lord Justice Laws makes speech likely to find favour in Downing Street and among Eurosceptic Conservatives."
Posted at 11:38 AM by Howard Bashman



"Christian guesthouse owners lose appeal over right to bar gay couples; Supreme court dismisses claim by Peter and Hazelmary Bull that right to manifest religious beliefs was breached": The Guardian (UK) has this report.

And BBC News has a report headlined "Gay snub Cornish B&B owners lose Supreme Court appeal; The Christian owners of a guesthouse who were ordered to pay damages for turning away a gay couple have lost their UK Supreme Court fight."

You can access yesterday's ruling of the Supreme Court of the United Kingdom at this link. The court also issued this press summary of its ruling.
Posted at 11:32 AM by Howard Bashman



"Doesn't Eat, Doesn't Pray and Doesn't Love": Online at The New York Times, Linda Greenhouse has an essay that begins, "The question of whether for-profit companies can claim a religious identity, one that exempts them from obeying a generally applicable law, is fully worthy of the attention the Supreme Court is about to give it."
Posted at 10:12 AM by Howard Bashman


Wednesday, November 27, 2013

"Russian Homosexual Asylum Claim Revived": Pamela A. MacLean has this post at her "Trial Insider" blog reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 11:18 PM by Howard Bashman


"Kozinski Trumped in Anti-SLAPP Suit": Pamela A. MacLean has this post at her "Trial Insider" blog reporting on an order denying rehearing en banc, accompanied by a concurrence and a dissent, that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 11:16 PM by Howard Bashman


"Lavabit Strikes Back at Feds in Key Internet Privacy Case": Kevin Poulsen had this post last Friday at Wired.com's "Threat Level" blog.
Posted at 04:00 PM by Howard Bashman


"Q&A: What Makes the D.C. Circuit So Special?" Todd Ruger has today posted this interview at "The BLT: The Blog of Legal Times."
Posted at 03:56 PM by Howard Bashman


In a concurring opinion issued today, Circuit Judge Jeffrey S. Sutton examines how the rule of lenity interacts with the Chevron doctrine: The U.S. Court of Appeals for the Sixth Circuit issued this decision today, in which Judge Sutton wrote both the opinion of the court and a concurring opinion.

Update: At "The Volokh Conspiracy," Orin Kerr has a post titled "The Rule of Lenity Versus Chevron Deference."
Posted at 03:40 PM by Howard Bashman



"Judge orders Sriracha hot sauce plant partly closed over odors; Irwindale sued the plant after residents complained about ill health caused by smells emanating from the plant": This article appears today in The Los Angeles Times.
Posted at 03:14 PM by Howard Bashman


"High Court Health-Law Case To Test Religious Rights": Jess Bravin has this post today at WSJ.com's "Washington Wire" blog.
Posted at 02:41 PM by Howard Bashman


"Why securities lawyers should give thanks to Native Americans": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 02:24 PM by Howard Bashman


"SCOTUSblog on camera: J. Harvie Wilkinson, III -- Part five." "SCOTUSblog" has posted this video online today, part five of an eight-part interview. Tomorrow's installment promises to feature Judge Wilkinson's tips on turkey carving.
Posted at 11:42 AM by Howard Bashman


In today's mail: I received a certificate from the Green Bag that may be exchanged for a Justice John Blair bobblehead doll.

Given the strong secondary market for memorabilia pertaining to John Blair, Jr. -- who apparently was confirmed by the U.S. Senate two days after being nominated to the U.S. Supreme Court -- this bobblehead doll is sure to be avidly pursued by collectors.
Posted at 11:40 AM by Howard Bashman



"Constitution Check: Does the Citizen United ruling settle the Hobby Lobby case?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 09:12 AM by Howard Bashman


"Court's Domestic Partners Get Health Insurance": Pamela A. MacLean had this post yesterday at her "Trial Insider" blog.

My earlier coverage of Monday's order of the Executive Committee of the Ninth Circuit Judicial Council can be accessed here.
Posted at 09:02 AM by Howard Bashman



"Our Constitutional Law Scholars' Amicus Brief on Recess Appointments": Will Baude had this post yesterday at "The Volokh Conspiracy." You can access the brief at this link.

And yesterday at "The BLT: The Blog of Legal Times," Todd Ruger had a post titled "Senate GOP Asks Justices to Find Recess Appointments Invalid." You can access the amicus brief at this link.
Posted at 08:51 AM by Howard Bashman



"Conestoga Wood case goes to Supreme Court; Will get hearing before full court this spring": Today's edition of The Intelligencer Journal Lancaster (Pa.) New Era contains this front page article.

The Deseret News reports that "Supreme Court to hear 2 cases involving Obamacare contraception mandate."

The Chicago Tribune reports today that "Illinois companies' health care challenge hinges on Supreme Court."

The Pittsburgh Tribune-Review reports that "Supreme Court ruling could affect Catholic dioceses' case."

NBC News has reports headlined "Supreme Court will take up controversial Obamacare provision on contraception" and "Can employers cherry pick health care? Supreme Court to decide."

Laura Bassett of The Huffington Post reports that "Supreme Court To Take Up Controversial Birth Control Cases."

And business columnist Michael Hiltzik of The Los Angeles Times has an essay titled "Supreme Court to rule on whether corporations pray."
Posted at 08:47 AM by Howard Bashman



"Impact of U.S. Supreme Court ruling on Texas abortion law on Alabama law unclear": This article appears today in The Montgomery Advertiser.
Posted at 08:35 AM by Howard Bashman


Tuesday, November 26, 2013

"The DOJ's 'New York Times problem' with Assange": Politico.com has this blog post.
Posted at 11:49 PM by Howard Bashman


"Appeals court considers whether Justice Department memo should be made public": The Washington Post has an article that begins, "A federal appeals court on Tuesday considered whether the Justice Department must make public a legal opinion on the scope of the FBI's surveillance authority."

And Josh Gerstein of Politico.com has a blog post titled "Court hears fight over secret Justice Department legal opinion."
Posted at 11:47 PM by Howard Bashman



"Infamous Reporter Stephen Glass Vies For Bar Admission": This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:15 PM by Howard Bashman


"Supreme Court contraception mandate case sparks fierce debate; Women's rights advocates worry that the Supreme Court will lift the mandate on employers to provide workers with a government-set level of health insurance; Religious rights activists want that mandate gone": Warren Richey of The Christian Science Monitor has this report.

The Philadelphia Inquirer reports that "High court to hear appeal of birth control ruling."

And on this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Takes Challenge To Obamacare Contraceptive Rule."
Posted at 10:12 PM by Howard Bashman



"Corporations Are People, the Biblical Sequel: The Supreme Court will decide whether companies don't have to cover contraception because they have religious beliefs." Dahlia Lithwick has this jurisprudence essay online at Slate.

And law professors Micah Schwartzman and Nelson Tebbe have a jurisprudence essay titled "Obamacare and Religion and Arguing off the Wall: What the New York Times and the courts are missing in the birth control mandate fight."
Posted at 10:00 PM by Howard Bashman



"Indiana Abortion Law Affecting One Clinic Is Blocked": Bloomberg News has this report.

And The Indianapolis Star reports that "Federal judge blocks Indiana chemical abortion law."

"The Indiana Law Blog" has this post linking to today's ruling of the U.S. District Court for the Southern District of Indiana.
Posted at 09:40 PM by Howard Bashman



"U.S. trial ends over Ecuador pollution judgment against Chevron": Reuters has this report.
Posted at 09:32 PM by Howard Bashman


"D.C. Circuit knows satire when it sees it, tosses 'birther' case vs Esquire": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 08:57 PM by Howard Bashman


"U.S. high court to chart fate of inherited IRAs in bankruptcy": Reuters has this report.
Posted at 08:55 PM by Howard Bashman


"The Judge Who Shaped Our Law": Lincoln Caplan has this review (pass-through link) of "Reason and Imagination: The Selected Correspondence of Learned Hand: 1897-1961" in the December 5, 2013 issue of The New York Review of Books.
Posted at 08:25 PM by Howard Bashman


"U.S. Appeals Court upholds Marion County smoking ban": The Indianapolis Star has this article reporting on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued yesterday.
Posted at 08:14 PM by Howard Bashman


"Chevron Claims Trial Showed Proof of Fraud in Ecuador": Bloomberg News has this report on the start of closing arguments in the case.
Posted at 01:14 PM by Howard Bashman


Access online today's Order List of the U.S. Supreme Court: The Court has posted the Order List at this link. The Court granted review in four cases, two of which will were combined into a single oral argument.

In early news coverage, Adam Liptak of The New York Times reports that "Justices Take Companies' Cases Challenging Contraception Rule."

Robert Barnes of The Washington Post reports that "Supreme Court to review contraceptive coverage mandate."

David G. Savage of The Los Angeles Times reports that "Supreme Court to hear Obamacare challenge over birth control drugs."

Richard Wolf of USA Today reports that "Justices will hear contraception challenge to Obamacare; Religious cases are among dozens challenging the health care law's mandate that insurance plans offer free coverage of contraceptives."

Jess Bravin of The Wall Street Journal reports that "High Court to Review Health Law's Contraception Mandate."

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court to hear 'Obamacare' contraceptive mandate challenge."

The Washington Times reports that "Supreme Court to decide Obamacare birth control mandate."

Chris Casteel of The Oklahoman reports that "U.S. Supreme Court takes Hobby Lobby Case."

Mark Sherman of The Associated Press reports that "Supreme Court will take up new health law dispute." The AP also reports that "Justices to look at claims over Bush-era protest."

Greg Stohr of Bloomberg News reports that "Health Law's Birth-Control Rule Gets Supreme Court Review" and "Secret Service Case Gets Top Court Review in Speech Clash."

Lawrence Hurley of Reuters reports that "Supreme Court agrees to hear Obamacare contraception cases" and "Supreme Court agrees to review presidential protest case."

Politico.com reports that "Supreme Court agrees to hear cases on contraceptive mandate." And Josh Gerstein has a blog post titled "SCOTUS to weigh presidential visit protests."

Sahil Kapur of TPM DC reports that "Liberals Worry As Supreme Court Takes Up Birth Control Mandate."

The Hill has a blog post titled "High court takes up challenge to O-Care birth control mandate."

At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Supreme Court Will Review Contraceptive Coverage in Health Care Law."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on birth-control mandate."
Posted at 12:50 PM by Howard Bashman



"SCOTUSblog on camera: J. Harvie Wilkinson, III -- Part four." "SCOTUSblog" has posted this video online today, part four of an eight-part interview. Presumably in part eight, if not sooner, the interview's relevance to the subject of the U.S. Supreme Court will be revealed.
Posted at 11:20 AM by Howard Bashman


"Supreme Court poised to take up Obamacare contraception case": Bill Mears of CNN.com has this report.

And at "The Note" blog of ABC News, Ariane de Vogue has a post titled "Supreme Court May Review Obamacare Contraception Mandate."
Posted at 07:40 AM by Howard Bashman



Monday, November 25, 2013

"Julian Assange unlikely to face U.S. charges over publishing classified documents": The Washington Post has an article that begins, "The Justice Department has all but concluded it will not bring charges against WikiLeaks founder Julian Assange for publishing classified documents because government lawyers said they could not do so without also prosecuting U.S. news organizations and journalists, according to U.S. officials."
Posted at 11:59 PM by Howard Bashman


"US courts' domestic partners get spousal benefits": Bob Egelko of The San Francisco Chronicle has a news update that begins, "The rights of gay and lesbian spouses to the same federal benefits as other married couples also extend to federal court employees' same-sex domestic partners, a federal appeals court's administrative tribunal said Monday in the first known ruling of its kind."

You can access at this link today's order of the Executive Committee of the Ninth Circuit Judicial Council.
Posted at 10:56 PM by Howard Bashman



"Much of Alabama's far-reaching immigration law permanently blocked in final settlement of lawsuits": The Huntsville Times has this news update.

In connection with the settlement, the U.S. Department of Justice issued a news release titled "Alabama's Immigration Law Permanently Blocked In Justice Department Lawsuit."
Posted at 10:22 PM by Howard Bashman



"Should the Supreme Court Have Unpaid Interns?" Bloomberg News columnist Jonathan Weil has this essay today.
Posted at 09:02 PM by Howard Bashman


"A caution light for Missouri's red-light cameras": This article appeared in yesterday's edition of The St. Louis Post-Dispatch.
Posted at 09:00 PM by Howard Bashman


"Maine AG files brief with Supreme Court defending health clinic buffers; The court is expected to take up a Mass. case on abortion-protest buffer zones in January, which could affect Portland's new rules": The Portland Press Herald has this news update. You can access the amicus brief at this link.
Posted at 08:56 PM by Howard Bashman


"The Case of the Errant Hot-Dog Toss: Baseball fans should be protected from getting injured by the antics of team mascots." Law professor John Culhane has this jurisprudence essay online at Slate.
Posted at 08:45 PM by Howard Bashman


"Mt. Holly Gardens residents welcome long case's end": The Philadelphia Inquirer has this report.
Posted at 08:40 PM by Howard Bashman


In the December 2013 issue of ABA Journal magazine: This month's issue contains the "7th Annual Blawg 100." This blog did not qualify for inclusion on this year's list, because it was one of last year's ten inductees in the "Blawg 100 Hall of Fame."

Mark Walsh has an article headlined "Did town show disparate-impact bias in taking over buildings?" Yes, the case has settled, but the article lives on!

Lorelei Laird has an article headlined "California begins to release prisoners after reforming its three-strikes law."

Kevin Davis has an article headlined "Judy Clarke has a knack for keeping her notorious clients off death row."

L. Jay Jackson has articles headlined "'Link rot' is degrading legal research and case cites" and "Opera based on Justices Ginsburg and Scalia is written by attorney."

And this month's installment of Bryan A. Garner's "On Words" column is titled "David Foster Wallace's advice on arguing persuasively."
Posted at 08:34 PM by Howard Bashman



"Gun advocates appeal 'Firearms Freedom Act' ruling": The Associated Press has a report that begins, "Gun advocates are asking the U.S. Supreme Court to overturn a lower court's ruling against state laws designed to buck federal gun rules."
Posted at 05:30 PM by Howard Bashman


"Supreme Court weighs new health law dispute": Mark Sherman of The Associated Press has this report.
Posted at 05:24 PM by Howard Bashman


"1993 religious freedom act is at heart of contraception case; A 1993 religious freedom act at the heart of a possible Supreme Court contraception case may come back to haunt Democrats": David G. Savage of The Los Angeles Times has this report.

And online at msnbc.com, Irin Carmon has an essay titled "Birth Control, the Supreme Court and me."
Posted at 03:05 PM by Howard Bashman



"U.S. justices to weigh corporate religious rights": Lawrence Hurley of Reuters has this report.
Posted at 02:51 PM by Howard Bashman


"SCOTUSblog on camera: J. Harvie Wilkinson, III -- Part three." "SCOTUSblog" has posted this video online today, part three of an eight-part interview.
Posted at 02:25 PM by Howard Bashman


"Bipartisan approval lends a sense of balance to the judiciary": Fourth Circuit Judge J. Harvie Wilkinson III has this op-ed today in The Washington Post.
Posted at 10:35 AM by Howard Bashman


"NYC driver whose bikini top was untied cleared in fatal Thruway crash": This article appears today in The New York Daily News.

You can access last Wednesday's ruling of a divided panel of the New York State Supreme Court Appellate Division, Second Department, at this link.
Posted at 10:30 AM by Howard Bashman



"What's with all the devil talk? Thanks to Scalia and C.S. Lewis, Satan is casting a larger shadow on our culture." Tom Krattenmaker has this op-ed today in USA Today.
Posted at 10:06 AM by Howard Bashman


"Presidential nominations are still no slam dunks": Politico.com has this report.
Posted at 07:14 AM by Howard Bashman


"Oil Spill Judge 'Deeply Disappointed' in BP": Paul M. Barrett of Bloomberg Businessweek has this report.
Posted at 07:10 AM by Howard Bashman


Sunday, November 24, 2013

"Court Confronts Religious Rights of Corporations": Adam Liptak will have this article in Monday's edition of The New York Times.
Posted at 11:20 PM by Howard Bashman


"Chevron Assails Lawyer Who Led Multibillion-Dollar Suit Against It": This article appeared in last Wednesday's edition of The New York Times.
Posted at 10:14 PM by Howard Bashman


"Businesses Wary as Obama Picks Get Edge in Senate Rules": Greg Stohr and Mark Drajem of Bloomberg News have this report.
Posted at 09:21 PM by Howard Bashman


"Supreme Court to decide whether to tackle religious liberty, contraception mandate": This article appears today in The Deseret News.
Posted at 09:02 PM by Howard Bashman


"Custody Battle Raises Questions About the Rights of Women": Erik Eckholm has this article today in The New York Times.
Posted at 08:42 PM by Howard Bashman


"Life's Work: Sandra Day O'Connor." This interview appears in the December 2013 issue of Harvard Business Review.
Posted at 01:44 PM by Howard Bashman


"U.S. air pollution authority faces Supreme Court tests": Lawrence Hurley and Valerie Volcovici of Reuters have this news analysis.
Posted at 01:42 PM by Howard Bashman


"Filibuster vote raises stakes for 2014": Politico.com has this report.

The Hill reports that "Filibuster lifts White House mood."

And at his "Jost On Justice" blog, Kenneth Jost has a post titled "On Filibusters, Democrats Won't Be Fooled Again."
Posted at 09:00 AM by Howard Bashman



"Under the U.S. Supreme Court: The legal attack on the NSA." Michael Kirkland of UPI has this report.
Posted at 08:40 AM by Howard Bashman


Saturday, November 23, 2013

"The 'nuclear option,' the Senate Judiciary Committee and no bozos": Senior U.S. District Judge Richard G. Kopf has this post today at his "Hercules and the Umpire" blog.
Posted at 09:42 PM by Howard Bashman


"When JFK Died, A Law Clerk's Youthful Idealism Died With Him": Law professor Alan M. Dershowitz has this post at WBUR Radio's "Cognoscenti" blog.
Posted at 09:36 PM by Howard Bashman


"Easton boobies case may follow bong hits to Supreme Court; Legal battle may follow 'bong hits' to Supreme Court": Peter Hall will have this article in Sunday's edition of The Allentown (Pa.) Morning Call.
Posted at 09:30 PM by Howard Bashman


"Supreme Court gets 'sensitive' jobs plea": Josh Gerstein of Politico.com has this blog post.
Posted at 07:44 PM by Howard Bashman


"White House, allies weigh nomination strategy under new Senate rules": The Washington Post has an article that begins, "The White House and its allies are formulating ways to take maximum advantage of this week's change in the Senate's filibuster rules to rapidly confirm more than 240 judicial and executive nominees awaiting approval."
Posted at 01:58 PM by Howard Bashman


"Baby Veronica: Cherokees blast Capobiancos' effort to recover legal fees; The tribe says it has sovereign immunity from being required to pay the lawyers." This article appears in today's edition of The Tulsa World.
Posted at 01:56 PM by Howard Bashman


"Guantanamo prisoner makes video-link plea for his freedom": Carol Rosenberg of The Miami Herald has this report.
Posted at 01:55 PM by Howard Bashman


"SCOTUSblog on camera: J. Harvie Wilkinson, III -- Part two." "SCOTUSblog" posted this video online yesterday, part two of an eight-part interview.
Posted at 09:00 AM by Howard Bashman


Friday, November 22, 2013

"A Spur in the Filibuster Fight: A Court's Workload and Politics." Adam Liptak will have this news analysis in Saturday's edition of The New York Times.
Posted at 09:00 PM by Howard Bashman


"Judge reinstates fired Inquirer editor": The Philadelphia Inquirer has this news update.

And The New York Times has a news update headlined "Judge Orders Reinstatement of Ousted Philadelphia Inquirer Editor."
Posted at 08:42 PM by Howard Bashman



"Partisan Fever in Senate Likely to Rise": Jonathan Weisman has this news analysis in today's edition of The New York Times. The newspaper also contains an editorial titled "Democracy Returns to the Senate."

In today's edition of The Wall Street Journal, Jess Bravin has an article headlined "Move to Rein In Filibusters Likely to Deepen Split in Courts; Simple-Majority Vote on Judicial Confirmations Paves Way for More-Ideological Nominees."

Warren Richey of The Christian Science Monitor has an article headlined "How new Senate filibuster rule could change balance of power on courts: There are 18 vacancies on federal appeals courts nationwide, but perhaps most significantly, the new Senate filibuster rule allows Obama and Democrats to fill three seats on the D.C. Circuit, the nation's second most powerful court."

Josh Gerstein of Politico.com has an article headlined "In the post-nuclear landscape, uncharted terrain." Politico also has an article headlined "Tom Udall, Jeff Merkley clock 'nuclear' win."

Michael Doyle of McClatchy Washington Bureau has an article headlined "New Senate rules won't cure all the delay and disharmony."

Yesterday evening's broadcast of NPR's "All Things Considered" contained audio segments titled "Federal Bench Could See New Faces After Senate Rules Change" and "Senate Democrats Go 'Nuclear' To Curb Filibusters." And today's broadcast of "Morning Edition" contained an audio segment titled "Senate Democrats, After Threats, Detonate 'Nuclear Option.'"

Yesterday's broadcast of The PBS NewsHour contained a segment titled "'Nuclear option' to clear way for federal nominations inflames debate."

Online at The New Yorker, Hendrik Hertzberg has a blog post titled "The Senate's Nuclear (Power) Option."

And online at Slate, Emily Bazelon has a jurisprudence essay titled "The Filibuster Had to Be Killed; How the Republican minority had turned it into an obscene weapon for obstructionism, delay, and political mischief."
Posted at 08:27 PM by Howard Bashman



"New trial ordered over Charlotte teen's Taser death": The Charlotte Observer has a news update that begins, "A federal appeals court has tossed out a more than $6 million award to the family of a North Carolina teenager who died after being shocked with a Taser."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 04:36 PM by Howard Bashman



"When the Swing Justice Doesn't Swing: Rumors of Anthony Kennedy as a moderate on abortion are wildly overblown." Law professor David S. Cohen has this jurisprudence essay online at Slate.
Posted at 04:07 PM by Howard Bashman


"Shhh, Republicans May Like Filibuster Reform": Law professor Cass R. Sunstein has this essay online at Bloomberg View.

And online at Slate, law professor Eric Posner has an essay titled "Centrists Should Mourn the Demise of the Filibuster; Only the extremists win -- and in the end, mostly the Republicans."
Posted at 04:02 PM by Howard Bashman



In today's mail: I received a copy of law professor Robert Blecker's new book, "The Death of Punishment: Searching for Justice among the Worst of the Worst."

As noted in this post from Tuesday, Blecker -- whose law school bio describes him as "a nationally known retributivist advocate of the death penalty" -- appeared that day on WNYC Radio's "The Brian Lehrer Show" to promote the book. You can access the audio segment via this link.
Posted at 03:00 PM by Howard Bashman



"Alex Kozinski and Marcy Tiffany file no-nonsense objection to class-action settlement": Brian Wolfman has this post today at Public Citizen's "Consumer Law & Policy Blog."
Posted at 02:11 PM by Howard Bashman


"Appeals court won't toss NYC stop-frisk rulings": The Associated Press has this report on an interesting per curiam opinion that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 12:50 PM by Howard Bashman


"Illinois Supreme Court tosses Department of Revenue's tax-collection rules; Justices don't say point-of-purchase practice violates laws, or what tax policy should be; issue 'well suited for the General Assembly'": Ameet Sachdev has this article today in The Chicago Tribune.

And The Chicago Sun-Times reports that "Illinois Supreme Court rules to close sales tax loopholes."

You can access yesterday;s ruling of the Supreme Court of Illinois at this link.
Posted at 08:02 AM by Howard Bashman



Access online the fourth and final episode of Pennsylvania Cable Network's "Courts 101 with Justice Stevens": According to PCN's description of last night's broadcast, "On this episode, Justice Stevens discusses the difference between being elected as a judge and being appointed as a Justice, technology in the court during high profiles cases, the differences between the courts and much more." You can view last night's episode by clicking here.

The video of the previous three episodes can be accessed via this link.
Posted at 07:48 AM by Howard Bashman



Thursday, November 21, 2013

"'Nuclear option' advances nomination of Metro East figure to powerful court": Bill Lambrecht of The St. Louis Post-Dispatch has an article that begins, "Patricia Millett's confirmation to the court that ranks behind only the Supreme Court in influence appeared certain after Senate Democrats' extraordinary tactics Thursday to curb filibusters of White House appointments."
Posted at 09:16 PM by Howard Bashman


"The Filibuster's Demise Is Great News for Judicial Confirmation Hearings; Knowing obstruction was an option, senators have long had pillow fights with nominees; That's almost certainly going to change": Andrew Cohen has this essay online at The Atlantic.
Posted at 05:32 PM by Howard Bashman


"HIV-disclosure law sparks unique legal battle in Florida": David Ovalle of The Miami Herald has this report.
Posted at 04:12 PM by Howard Bashman


"Wash. court says gun limits OK before conviction": The Associated Press has this report.

My earlier coverage of today's 5-to-4 Washington State Supreme Court ruling appears at this link.
Posted at 03:30 PM by Howard Bashman



"Boies-Olson Legal Pair Proud Allies on Same-Sex Marriage": Andrew Harris of Bloomberg News has this report today.
Posted at 03:21 PM by Howard Bashman


"Rules Change Could Have Far-Reaching Impact on Judiciary": John Gramlich of CQ Roll Call has this news analysis.

And Carl Hulse of The New York Times has a news analysis headlined "A Move Years in the Making, With Lasting Ramifications."
Posted at 03:14 PM by Howard Bashman



Under newly adopted bare majority requirement, the U.S. Senate has invoked cloture on the nomination of Patricia Ann Millett to the U.S. Court of Appeals for the D.C. Circuit: The cloture vote was 55-to-43. You can view the official roll call vote tally at this link.
Posted at 02:12 PM by Howard Bashman


"Appeals court at center of Senate fight is key to agenda; Democrats change Senate rules to get Obama's judges confirmed to nation's second most powerful court": Richard Wolf of USA Today has this report.
Posted at 01:32 PM by Howard Bashman


"Landmark Senate Vote Limits Filibusters": Jeremy W. Peters of The New York Times has this news update.

The Washington Post has a news update headlined "Reid, Democrats trigger 'nuclear' option; eliminate most filibusters on nominees."

The Los Angeles Times has a news update headlined "Senate Democrats invoke 'nuclear option' on filibuster."

Susan Davis and Richard Wolf of USA Today have a news update headlined "U.S. Senate goes 'nuclear' on filibuster rules; Senate Democrats pushed through a controversial rules change known as the 'nuclear option.'"

The Wall Street Journal has a news update headlined "Senate Adopts New Rules on Filibusters; Proposal Reduces Vote Total to 51 From 60 on Most Presidential Nominees."

The Washington Times has a news update headlined "Democrats trigger 'nuclear option' to eliminate many filibusters."

Politico.com reports that "Senate goes for 'nuclear option.'"

The Hill reports that "Senate votes to limit filibuster after Reid goes nuclear."

TPM DC has reports headlined "Dems Make Historic Change To Filibuster Rules" and "GOP On Filibuster Change: This Is Really All About Obamacare."

And Roll Call has a blog post titled "Democrats Go 'Nuclear,' Eliminate Filibusters on Most Nominees."

You can access at this link the official roll call vote tally from earlier today to change the U.S. Senate's cloture rule.
Posted at 01:05 PM by Howard Bashman



"U.S. Supreme Court calls on SLS' Barton Thompson to help settle longstanding water law dispute": Stanford Law School has issued this news release.
Posted at 12:28 PM by Howard Bashman


By a vote of 5-to-4, the Supreme Court of Washington State rejects constitutional challenge to state law prohibiting firearms possession by someone released on bond after a judge has found probable cause to believe the person committed a serious offense: You can access today's ruling of Washington State's highest court at this link.
Posted at 11:48 AM by Howard Bashman


"Boston Lawyer Named New Supreme Court Legal Counsel": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."

As the U.S. Supreme Court's own news release announcing the hiring yesterday explains, the new counsel's name is Ethan V. Torrey. Because that sounds suspiciously similar to a case name, it only took four votes to accept his application to be hired.
Posted at 11:37 AM by Howard Bashman



"Judge Kozinski's Personal Objection to Class-Action Settlement": Ed Whelan has this post today at National Review Online's "Bench Memos" blog.
Posted at 11:33 AM by Howard Bashman


"Udall, Wyden, Heinrich Urge Solicitor General to Set Record Straight on Misrepresentations to U.S. Supreme Court in Clapper v. Amnesty": You can view the news release at this link, and the Senators' letter to the Solicitor General can be accessed here.
Posted at 11:32 AM by Howard Bashman


"Appeals court in NY sides with Starbucks over tips": The Associated Press has this report on a summary order that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 11:27 AM by Howard Bashman


"SCOTUSblog on camera: J. Harvie Wilkinson, III -- Part one." "SCOTUSblog" has today posted online this video, part one of an eight-part interview.
Posted at 11:25 AM by Howard Bashman


"Reid Sets in Motion Steps to Limit Use of Filibuster": Jeremy W. Peters of The New York Times has this news update.

Reuters has a report headlined "Reid expected to have votes to lift Senate blocks to Obama nominees: aide."

The Associated Press reports that "Senate debates Dems' plan to curb filibusters."

Politico.com reports that "Harry Reid barrels toward 'nuclear option.'"

Sahil Kapur of TPM DC has a report headlined "McConnell To Reid: If You Go Nuclear On Nominations, I'll Go Nuclear On Everything When I'm Majority Leader."

Alexander Bolton of The Hill reports that "Reid readies for nuclear option."

And WSJ.com's "Washington Wire" blog answers the question "What Is the Nuclear Option?"
Posted at 11:15 AM by Howard Bashman



"Reid Blocks First G.O.P. Offer on Filibuster Reform, Leaves Nuclear Option on Table; Sen. John McCain's proposal doesn't go far enough for Majority Leader Harry Reid": Alex Rogers has this post at Time magazine's "Swampland" blog.

Politico.com reports that "Harry Reid may go 'nuclear' Thursday."

Alexander Bolton of The Hill has a report headlined "Dems: Reid may go nuclear Thursday."

And Sahil Kapur of TPM DC has a report headlined "Harry Reid May Nuke The Filibuster This Week: Dem Sources."
Posted at 10:37 AM by Howard Bashman



"Boston mobster 'Whitey' Bulger to appeal conviction": Reuters has this report.
Posted at 09:12 AM by Howard Bashman


"Law Dork To The Rescue": Ozymandias.com has posted online today this profile of Chris Geidner.
Posted at 09:08 AM by Howard Bashman


"Minnesota high court: Business not subject to open-records laws; The Minnesota Supreme Court ruling reversed a Court of Appeals decision in case involving an Ely newspaper." This article appears today in The Minneapolis Star Tribune.

And The Timberjay has a report headlined "Supreme Court: JCI can keep contract secret."

You can access yesterday's ruling of the Supreme Court of Minnesota at this link.
Posted at 08:34 AM by Howard Bashman



"R.I. Supreme Court takes its proceedings to Central Falls High School for a day": Katie Mulvaney has this article today in The Providence Journal.
Posted at 08:29 AM by Howard Bashman


"Arizona again asks Supreme Court to look at abortion law": The Arizona Republic has this report.

Update: In other coverage, Howard Fischer of The Arizona Daily Star reports that "Horne asks Supreme Court to reinstate voided abortion funding law."
Posted at 08:26 AM by Howard Bashman



"China Supreme Court rules out confession through torture": Reuters has this report.
Posted at 08:20 AM by Howard Bashman


"Senate Democrats threaten to change filibuster rules on a party-line vote": The Washington Post has this report.

Bloomberg News reports that "Reid Seen Moving on Nominee-Rule Change as Soon as Today."

The Associated Press reports that "Senate nears possible vote on curbing filibusters."

Reuters reports that "Senate leader may seek rule change to reduce Republican power."

Roll Call reports that "Black Caucus Sees Race as Factor in Filibusters, Eyes Rules Change."

At the "Constitution Daily" blog of the National Constitution Center, Scott Bomboy has a post titled "Looking at Harry Reid's statement about filibusters and the Constitution."

And online at Politico Magazine, law professor William Yeomans has an essay titled "Nuke 'Em, Harry: Why Democrats Should Kill the Filibuster."
Posted at 08:07 AM by Howard Bashman



More commentary on class action settlement objector and Ninth Circuit Chief Judge Alex Kozinski: Senior U.S. District Judge Richard G. Kopf has a post today at his "Hercules and the Umpire" blog titled "On being a young federal district judge between a rock and hard place."
Posted at 07:55 AM by Howard Bashman


Wednesday, November 20, 2013

"US court: Coast Guard boater rescues not required." The Associated Press has a report that begins, "A federal appeals court on Wednesday rejected a North Carolina widow's lawsuit blaming the Coast Guard for failing to save her husband's life, saying the agency does not have a legal obligation to launch life-saving rescues."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 10:37 PM by Howard Bashman



"Warrantless Surveillance Continues to Cause Fallout": Charlie Savage will have this article in Thursday's edition of The New York Times.
Posted at 10:32 PM by Howard Bashman


"Henry C. Lind, U.S. Supreme Court's reporter of decisions": This obituary appears online at The Washington Post.
Posted at 10:30 PM by Howard Bashman


He was a bullfrog: First Circuit nominee David Jeremiah Barron was the focus of today's U.S. Senate Judiciary Committee confirmation hearing. You can access online the video of today's hearing by clicking here.
Posted at 10:04 PM by Howard Bashman


"Judge Fay vs. Judge Martin": David Oscar Markus has this post today at the "Southern District of Florida Blog" about a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued last Friday.
Posted at 09:37 PM by Howard Bashman


"Senate Democrats Poised to Block Filibusters of Presidential Picks": Jeremy W. Peters will have this article in Thursday's edition of The New York Times. In addition, columnist Gail Collins will have an op-ed titled "The Public Needs a Nap" that begins, "One of the many problems with the Senate filibuster rule is that it requires us to think about the Senate filibuster rule."

And Thursday's edition of The Wall Street Journal will contain an article headlined "Democrats Expected to Curb Filibuster Rules Soon." You can freely access the full text of the article via Google.
Posted at 09:28 PM by Howard Bashman



"Why D.C. Circuit, at Center of Nominee Fight, Is So Important; Court's Location in Capital Means It Serves as Crucible for Regulatory State; Status Second Only to Supreme Court": Jess Bravin will have this article in Thursday's edition of The Wall Street Journal.
Posted at 08:54 PM by Howard Bashman


"Free Speech Advocates File Brief Supporting 'The Dirty' Defamation Appeal; EFF: Appeals Court Must Uphold Immunity for Websites That Host Third-Party Content." The Electronic Frontier Foundation issued this news release today. You can access the amicus brief at this link.
Posted at 08:32 PM by Howard Bashman


"Is the judicial confirmation impasse impacting American justice?" This segment appeared on yesterday evening's broadcast of The PBS NewsHour.

Jennifer Bendery of The Huffington Post reports that "AGs Reject Chuck Grassley Effort To Shrink D.C. Circuit Court."

And this evening's broadcast of NPR's "All Things Considered" contained audio segments titled "With Nominees Stalled, Democrats Reprise Filibuster Threat" and "Sen. Harkin On Filibuster: 'We've Got To Change These Rules.'"
Posted at 08:25 PM by Howard Bashman



"Mike Lee steps out of Ted Cruz's shadow": Manu Raju of Politico.com has this report.
Posted at 08:14 PM by Howard Bashman


"Alabama killer case: When a jury says 'life' and a judge says 'death.'" Michael McGough has this essay online at The Los Angeles Times.
Posted at 08:10 PM by Howard Bashman


"A Secret Court Judge Warned The NSA It Was Close To Breaking The Law -- Then Gave It More Power": Matt Sledge of The Huffington Post has this report.
Posted at 06:15 PM by Howard Bashman


"Lawyers' nightmare: When 9th Circuit Chief Judge Kozinski is class objector." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report. The objectors' Opposition to Plaintiffs' Motion for Final Approval of Class Action Settlement can be accessed here.

And a related post from two days ago at the "Public Justice Blog" is titled "Super Conservative Judge Alex Kozinski Inadvertantly Undercuts Rationale For Corporate Proposals to Narrow Discovery Under Federal Rules."
Posted at 05:32 PM by Howard Bashman



"An Interview of Judge Richard A. Posner on Patent Litigation": This interview (available in both HTML and PDF) appears in the Fall 2013 issue of The SRR Journal published by Stout Risius Ross.
Posted at 03:24 PM by Howard Bashman


"State high court to consider two voter ID cases": Patrick Marley of The Milwaukee Journal Sentinel has this news update.
Posted at 03:18 PM by Howard Bashman


"Surveillance court chafes at Obama administration secrecy": Josh Gerstein of Politico.com has a blog post that begins, "The largely-secret court that oversees many federal surveillance programs is chafing at the Obama Administration's reluctance to declassify one of the court's rulings."
Posted at 02:56 PM by Howard Bashman


"How America's Model Prison Became the Most Horrific Facility in the Federal System": Online today at Slate, Justin Peters has this blog post about USP Lewisburg.

The blog post focuses on this recent article (PDF) by professor Karen M. Morin.
Posted at 02:44 PM by Howard Bashman



"Gay-marriage momentum comes to a sudden halt after Illinois": Cheryl Wetzstein of The Washington Times has this report.
Posted at 02:36 PM by Howard Bashman


"NRA sues S.F. to kill law on gun magazines": In today's edition of The San Francisco Chronicle, Bob Egelko has an article that begins, "The National Rifle Association sued San Francisco on Tuesday, claiming the city violated the constitutional right to possess guns for self-defense with a new ordinance banning possession of magazines that can hold more than 10 rounds of ammunition."
Posted at 02:15 PM by Howard Bashman


"Gun ban law for domestic violence offenders upheld": Bob Egelko had this article yesterday in The San Francisco Chronicle.

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Lifetime Gun Ban Constitutional in Spousal Abuse Cases."

You can access Monday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 02:11 PM by Howard Bashman



Announcing the "Appellate Advocacy Blog," a new addition to the Law Professor Blogs Network: Looks like I now have competition for the appellate sex toy beat.
Posted at 01:40 PM by Howard Bashman


"Harry Reid Leaning Toward Filibuster Reform Vote This Week": Jennifer Bendery of The Huffington Post has this report.
Posted at 12:40 PM by Howard Bashman


Access online the contents of the November 2013 issue of the Harvard Law Review, focusing on the U.S. Supreme Court's October 2012 Term: Via this link.

The issue also includes "Essays in Honor of Justice Ruth Bader Ginsburg."
Posted at 12:38 PM by Howard Bashman



"Sotomayor Says Lack of Diversity is 'Huge Danger' for Judiciary": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 11:42 AM by Howard Bashman


"Sobriety Checkpoints Paved Path to NSA Email Spying": David Kravets has this post at Wired.com's "Threat Level" blog.
Posted at 10:32 AM by Howard Bashman


"The Supreme Court Loves Juries, Except When It Doesn't; In Alabama, an elected official imposed the death penalty after a jury asked for life in prison; Why did the highest court in the land refuse to hear this case -- and address an insidious problem in the justice system?" Andrew Cohen has this essay online at The Atlantic.
Posted at 10:30 AM by Howard Bashman


"Senate paralyzed on what to do about Guantanamo": The Associated Press has this report.
Posted at 08:05 AM by Howard Bashman


"Current List of TTAB Ex Parte Decisions on Appeal to the CAFC": John L. Welch has this post today at "The TTABlog."
Posted at 07:53 AM by Howard Bashman


"Broader meaning of the Supreme Court's abortion order": Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.

Jess Bravin of The Wall Street Journal reports that "Supreme Court Lets Texas Abortion Law Take Effect; Justices Vote to Not Block Measure While State Appeals."

And at "The BLT: The Blog of Legal Times," Marcia Coyle has a post titled "Justices, Voting 5-4, Refuse to Block Texas Abortion Law."
Posted at 07:49 AM by Howard Bashman



Tuesday, November 19, 2013

"Noel Canning Urges High Court To Limit Recess Appointments": Law360.com has a report (subscription required for full access) that begins, "Soda bottler Noel Canning told the U.S. Supreme Court on Monday that in seeking to overturn the D.C. Circuit's ruling invalidating the president's recess appointments to the National Labor Relations Board, the executive branch is asking for 'a virtually unlimited unilateral appointments power.'"

I have posted a copy of Noel Canning's merits Brief for Respondent, filed yesterday in the U.S. Supreme Court, at this link.
Posted at 11:26 PM by Howard Bashman



"Sentence upheld against only woman on Georgia's death row": Bill Rankin of The Atlanta Journal-Constitution has this news update reporting on a ruling, written by Chief Judge Ed Carnes, that the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 10:18 PM by Howard Bashman


"Supreme Court Rejects Bid to Block Texas Abortion Law": 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 declines to stop Texas abortion clinic restrictions."

Chuck Lindell of The Austin American-Statesman has a news update headlined "High court declines to block Texas abortion law."

The San Antonio Express-News reports that "U.S. Supreme Court allows abortion restriction to stay in effect."

Todd J. Gillman of The Dallas Morning News has a blog post titled "Supreme Court won't block Texas abortion restrictions."

Reuters reports that "U.S. Supreme Court declines to block Texas abortion law."

Politico.com reports that "SCOTUS refuses to block Texas abortion law."

And The Texas Tribune reports that "SCOTUS Won't Intervene in Texas Abortion Case."
Posted at 08:50 PM by Howard Bashman



"Reid Preparing to Move for Limits on Filibuster": Jeremy W. Peters will have this article in Wednesday's edition of The New York Times.
Posted at 08:40 PM by Howard Bashman


"Supreme Court refuses to block Texas abortion law": The Associated Press has this report.

Greg Stohr of Bloomberg News reports that "Texas Abortion Restrictions Allowed by U.S. Supreme Court."

And at "SCOTUSblog," Lyle Denniston has a post titled "Texas abortion law left in effect."

You can access today's 5-to-4 order of the U.S. Supreme Court, and the concurrence in and dissent therefrom, at this link.
Posted at 06:22 PM by Howard Bashman



Saying thanks and hello to all of this blog's new Twitter followers: You can receive notice via Twitter of new blog posts shortly after they appear here, and sometimes if I am away from my computer I will retweet things that I hope will be of interest to this blog's Twitter followers. You can access and subscribe to follow this blog's Twitter feed via this link.
Posted at 05:00 PM by Howard Bashman


"Key Senate Democrats Flip, Now Ready For Filibuster Reform Via 'Nuclear Option'": Jennifer Bendery of The Huffington Post has this report.

Alexander Bolton of The Hill reports that "Reid threatens to go nuclear."

Politico.com has a report headlined "Harry Reid: Actively weighing 'nuclear option.'"

And at "The Plum Line" blog of The Washington Post, Greg Sargent has an entry titled "Harry Reid is set to go nuclear."
Posted at 03:50 PM by Howard Bashman



"Punishment that Fits": Law professor Robert Blecker -- whose law school bio describes him as "a nationally known retributivist advocate of the death penalty" -- appeared on today's broadcast of WNYC Radio's "The Brian Lehrer Show." You can access the audio via this link. Blecker was promoting his new book, titled "The Death of Punishment: Searching for Justice among the Worst of the Worst."
Posted at 03:45 PM by Howard Bashman


"Doctrinal Conversation: Justice Kagan's Supreme Court Opinions." Law professor Laura K. Ray has posted this essay online at SSRN (via WSJ.com's "Law Blog").
Posted at 02:54 PM by Howard Bashman


"Supreme Court upholds firing of Freshwater in religious-symbols case; Mount Vernon teacher was insubordinate, justices rule 4-3": The Columbus Dispatch has this news update.

And The Associated Press reports that "Ohio court upholds firing in school Bible case."

You can access today's ruling of the Supreme Court of Ohio at this link. And the court's Office of Public Information issued a news release about the ruling headlined "Science Teacher Cannot Display Religious Material in Classroom; School District's Termination of Mt. Vernon Teacher for Insubordination is Legal."
Posted at 01:25 PM by Howard Bashman



"D.C. Circuit Denies Terror Victims Access to Frozen Funds": Zoe Tillman has this post at "The BLT: The Blog of Legal Times" reporting on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 01:17 PM by Howard Bashman


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

Of particular note, law professor Michael W. McConnell has an essay titled "Reconsidering Citizens United as a Press Clause Case."

And Connor Sullivan has a comment titled "A First Amendment Approach to Generic Drug Manufacturer Tort Liability."
Posted at 11:56 AM by Howard Bashman



"Nuclear Reactor Waste Fees Ordered to Zero by Appeals Court": Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.

Update: In other coverage, Lawrence Hurley of Reuters reports that "U.S. court orders government to stop collecting nuclear waste fees."

The Associated Press reports that "Appeals court suspends DOE collection of nuke fees."

Jeremy P. Jacobs of Greenwire reports that "Judges toss DOE's 'unfair' fees for nuclear waste disposal."

And at "The BLT: The Blog of Legal Times," Marcia Coyle has a post titled "D.C. Circuit Says: No Nuclear Waste Site, No Fees On Utilities."
Posted at 11:44 AM by Howard Bashman



"Death Meted Out by Politicians in Robes": This editorial appears today in The New York Times.
Posted at 11:42 AM by Howard Bashman


Bloomberg News reports on two denials of rehearing en banc yesterday at the U.S. Court of Appeals for the Second Circuit: You can access online articles headlined "Argentina Loses Bid for Full Rehearing of Bonds Appeal" and "Rajaratnam Loses Bid for Full-Court Review of Conviction."
Posted at 11:37 AM by Howard Bashman


"Harry Reid: GOP playing with fire on judges." Politico.com has this report.
Posted at 11:14 AM by Howard Bashman


"How Conservatives Abandoned Judicial Restraint, Took Over The Courts And Radically Transformed America": Ian Millhiser has this essay online today at ThinkProgress.
Posted at 11:11 AM by Howard Bashman


"U.S. Court Allowed Internet Data Mining After Violations": Bloomberg News has this report.

And Spencer Ackerman of The Guardian (UK) has an article headlined "Court order that allowed NSA surveillance is revealed for first time; Fisa court judge who authorised massive tapping of metadata was hesitant but felt she could not stand in the way."
Posted at 08:42 AM by Howard Bashman



"U.S. Supreme Court is last option in New Jersey sports betting case": The Las Vegas Review-Journal has this report.
Posted at 08:39 AM by Howard Bashman


"Fernandez-Vina approved to join N.J. Supreme Court": The Newark Star-Ledger has this report.

The Philadelphia Inquirer reports today that "Lawmakers confirm Camden County judge to high court."

And The Record of Hackensack, New Jersey reports that "Christie Supreme Court nominee approved, but Democrats warn they won't budge on others."
Posted at 08:37 AM by Howard Bashman



"U.S. Supreme Court declines to hear appeal of man convicted of killing Montgomery police officer; Sotomayor criticizes judicial review of capital cases, says Alabama judges 'succumb to political pressure'": The Montgomery Advertiser has this report.
Posted at 08:35 AM by Howard Bashman


Monday, November 18, 2013

In videos of note that the Federalist Society posted online yesterday and today from the organization's 2013 National Lawyers Convention in Washington, DC: Via this link, you can access Seventh Circuit Judge Diane S. Sykes' interview of Justice Clarence Thomas.

Via this link, you can access the Sixth Annual Rosenkranz Debate, on the topic "Resolved: Courts are too Deferential to the Legislature," featuring Fourth Circuit Judge J. Harvie Wilkinson and law professor Randy E. Barnett, moderated by Fifth Circuit Judge Jerry E. Smith.

Via this link, you can access event's closing panel on the subject of "The Electorate and the Courts" featuring former Solicitors General Seth P. Waxman and Paul D. Clement.

And via this link, you can access a panel on "Textualism and Statutory Interpretation" featuring Seventh Circuit Judge Frank H. Easterbrook and law professor and former Seventh Circuit nominee Victoria F. Nourse, moderated by Eleventh Circuit Judge William H. Pryor, Jr.

All other available videos from the event can be accessed via this link.
Posted at 11:12 PM by Howard Bashman



"Who Qualifies as 'Media' for Purposes of Texas Law Governing Appeals?" Eugene Volokh has this post at "The Volokh Conspiracy" discussing an amicus brief that the UCLA First Amendment Amicus Brief Clinic submitted last week on behalf of various law-related blogs, including "How Appealing."
Posted at 09:45 PM by Howard Bashman


"Will the Supreme Court Take On Contraception Coverage Challenge?" Roll Call has this report.
Posted at 09:38 PM by Howard Bashman


"Republicans Block Another Obama Nominee for Key Judgeship": Jeremy W. Peters will have this article in Tuesday's edition of The New York Times.

The Los Angeles Times has a news update headlined "Obama 0 for 3 as GOP blocks another D.C. Circuit nomination."

Michael Doyle and William Douglas of McClatchy Washington Bureau have an article headlined "Third time not the charm: Senate GOP rejects another Obama judicial nominee."

The Associated Press reports that "Republicans block nominee to key appeals court."

Bloomberg News reports that "Senate Republicans Block Third U.S. Appeals Court Nominee."

Reuters reports that "Republicans defy threat, block another Obama judicial pick."

Sahil Kapur of TPM DC reports that "GOP Completes Mass Filibuster Of Three Top Obama Judges."

Politico.com reports that "Republicans block third Obama judge."

Roll Call has blog posts titled "'Nuclear Option' Talk Heats Up After Another Filibuster" and "Abortion Dilemma in 'Nuclear Option' Debate."

The Hill has a blog post titled "Senate GOP blocks third court nominee."

And at "The BLT: The Blog of Legal Times," Todd Ruger has a post titled "Senate Blocks Robert Wilkins' Nomination to D.C. Circuit."

You can access the U.S. Senate's official roll call vote tally on the rejected cloture motion at this link.
Posted at 08:56 PM by Howard Bashman



"Judge questions his role in NSA case": Josh Gerstein of Politico.com has this report.
Posted at 08:53 PM by Howard Bashman


"Supreme Court Gives NSA A Pass": Tomorrow's broadcast of NPR's "On Point" with Tom Ashbrook will contain this audio segment.
Posted at 05:08 PM by Howard Bashman


"Courtroom Cages Remain Common, Despite Criticism": This article will appear in Tuesday's edition of The New York Times.
Posted at 04:10 PM by Howard Bashman


"Defender of the Constitution": The Hill has this profile of law professor Jeffrey Rosen.
Posted at 03:40 PM by Howard Bashman


"It isn't only left-leaning judges who get into 'ethics' trouble": Senior U.S. District Judge Richard G. Kopf has this post today at his blog, "Hercules and the Umpire."
Posted at 03:39 PM by Howard Bashman


"Judicial nominees face unfair hurdles in the Senate": The Washington Post has this editorial.
Posted at 03:37 PM by Howard Bashman


In other news coverage of today's Order List of the U.S. Supreme Court: In today's Order List, the Court did not grant review in any new cases.

Two denials of certiorari issued today were accompanied by a dissent, while a third was accompanied by a statement respecting the denial of certiorari.

Justice Sonia Sotomayor issued a dissent, in which Justice Stephen G. Breyer joined in part, from the denial of certiorari in Woodward v. Alabama, No. 13-5380. In news coverage, Mark Sherman of The Associated Press reports that "Justice Sotomayor faults Ala. death sentences." And Lawrence Hurley of Reuters reports that "Supreme Court declines to hear Alabama death penalty case."

Justice Samuel A. Alito, Jr. issued a statement respecting the denial of the petition for writ of certiorari in Martin v. Blessing, No. 13-169. In news coverage, Lawrence Hurley of Reuters reports that "U.S. justice airs concerns about using race in picking lawyers."

And Justice Alito also issued a dissent, in which Justice Antonin Scalia joined, from the denial of certiorari in Rapelje v. McClellan, No. 12-1480.

Finally, at "SCOTUSblog," Tom Goldstein has a post titled "What you can learn from opinions regarding the denial of certiorari."
Posted at 03:34 PM by Howard Bashman



"Congress and Courts Weigh Restraints on N.S.A. Spying": Adam Liptak and Jeremy W. Peters will have this article in Tuesday's edition of The New York Times.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court won't hear challenge to spying program."

Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court rejects case on NSA spying on Americans' phone calls; The US Supreme Court on Monday refused to consider whether the NSA, in collecting and storing information about the phone calls of virtually every American, overstepped its authority under the law."

Lawrence Hurley of Reuters reports that "U.S. justices won't review intelligence court action on phone records."

Greg Stohr of Bloomberg News reports that "Telephone Surveillance Challenge Rejected by High Court."

The Associated Press reports that "Supreme Court rejects plea to look at NSA program."

Josh Gerstein of Politico.com has a blog post titled "Justices turn down surveillance case."

At Wired.com's "Threat Level" blog, David Kravets has a post titled "Supreme Court Rejects Case Challenging NSA Phone Spying."

At Ars Technica, Cyrus Farivar reports that "Supreme Court declines to stop Verizon metadata handover to NSA; Writ of mandamus petition filed by privacy advocacy group after Snowden leaks."

And at "SCOTUSblog," Lyle Denniston has a post titled "NSA spying challenge turned aside."
Posted at 02:54 PM by Howard Bashman



"Weighing Free Speech in Refusal to Photograph Lesbian Couple's Ceremony": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 02:30 PM by Howard Bashman


"U.S. appeals court revives Apple bid for Samsung injunction": Reuters has this report.

Bloomberg News reports that "Apple Can Seek to Block Samsung Smartphones, Court Says."

The Associated Press reports that "Court orders new review of Apple injunction."

And at his "Patently-O" blog, Dennis Crouch has a post titled "Federal Circuit offers Apple Second Chance to Block Sales of Samsung Galaxy Nexus Devices."

You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit at this link.
Posted at 02:28 PM by Howard Bashman



Programming note: This morning, I have a meeting out of the office with trial counsel in a potential new appeal. At 9:30 a.m. eastern time this morning, the U.S. Supreme Court is scheduled to issue an Order List. Once the Court posts that Order List online, you can access it via this link. Additional posts will appear here this afternoon.
Posted at 07:56 AM by Howard Bashman


"Senate heads toward new filibuster fight": Politico.com has a report that begins, "The Senate is careening down a path toward yet another war over the filibuster. With Republicans set on Monday to block Robert Wilkins's nomination to the D.C. Circuit Court of Appeals, both parties' positions appear hopelessly intractable."
Posted at 07:44 AM by Howard Bashman


"Flights to Gitmo, and justice: Pa. man, injured on 9/11, gets a chance via lottery to witness proceedings in Cuba." This article appeared yesterday in The Philadelphia Inquirer.

And The Associated Press reports that "White House pushes to loosen Gitmo transfer rules."
Posted at 07:34 AM by Howard Bashman



Sunday, November 17, 2013

"University of Alabama aggressively defends trademarks. How far is too far?" Jon Solomon of The Birmingham News has this article today.
Posted at 01:46 PM by Howard Bashman


The Federalist Society has already posted online numerous videos from its recent 2013 National Lawyers Convention in Washington, DC: The videos can be accessed from YouTube via this link.
Posted at 01:42 PM by Howard Bashman


"ACA Death Spiral: Exploring the likely implosion of the Affordable Care Act." Last Wednesday, law professor Seth J. Chandler launched this new blog.

Although quite a few posts already appear at the new blog, Chandler's very first post there was titled "The aim of this blog."

And in somewhat related commentary, in the Sunday Review section of today's edition of The New York Times, columnist Ross Douthat has an op-ed titled "The Three Burials of Obamacare."
Posted at 01:37 PM by Howard Bashman



"Securities-Fraud Class Actions at Risk at Supreme Court": Kenneth Jost has this post today at his blog. "Jost On Justice."
Posted at 01:25 PM by Howard Bashman


"How One Lawyer Turned The Idea Of Marriage Equality Into Reality; Mary Bonauto has played a key role in almost every big win in the marriage fight, and she's not done yet; 'I want to be a part of helping take it over the finish line'": Chris Geidner of BuzzFeed has this report.
Posted at 01:05 PM by Howard Bashman


"Under the U.S. Supreme Court: Locking away the innocent." Michael Kirkland of UPI has this report.
Posted at 08:42 AM by Howard Bashman


Saturday, November 16, 2013

"Senate Judiciary advances Utah nominee, hurdles await": In yesterday's edition of The Salt Lake Tribune, Thomas Burr has an article that begins, "So far, Utah's Carolyn McHugh faces no opposition to her nomination to the 10th Circuit Court of Appeals, but her confirmation may be held up over an unrelated partisan fight."
Posted at 10:25 PM by Howard Bashman


"Supreme Court Takes Halliburton's Frontal Assault On Securities Class Actions": Daniel Fisher has this blog post at Forbes.com.
Posted at 10:16 PM by Howard Bashman


"Supreme Court weighs NSA challenge": The Hill has this blog post.

And Richard Wolf of USA Today has an article headlined "NSA surveillance programs face challenges in court; Two U.S. district courts and the Supreme Court will consider lawsuits filed by liberal, conservative and watchdog groups taking aim at National Security Agency snooping."
Posted at 10:15 PM by Howard Bashman



"Guantanamo's forever captives to make pitch for freedom in secret": Carol Rosenberg of The Miami Herald has this report.

And The Toronto Star has an article headlined "Canada co-operated with U.S. in abusing Omar Khadr's rights, lawsuit claims."
Posted at 10:14 PM by Howard Bashman



"The Verdict: Wallace Jefferson sizes up his historic tenure as the chief justice of the Supreme Court of Texas." Texas Monthly has posted this lengthy interview online.
Posted at 01:40 PM by Howard Bashman


"Arguments of Convenience Block Judicial Appointments; Once described as unconstitutional by the GOP, filibustering has become its default strategy": U.S. Senator Patrick Leahy (D-VT) will have this op-ed in Monday's edition of The National Law Journal.
Posted at 01:40 PM by Howard Bashman


"Holder seeks Fast and Furious appeal": Josh Gerstein of Politico.com has this blog post today.
Posted at 12:00 PM by Howard Bashman


"Cassell, Teter File U.S. Supreme Court Brief on Behalf of Child Porn Victim": The University of Utah S.J. Quinney College of Law issued this news release yesterday.

You can access Amy Unknown's Brief for Respondents at this link. And the briefs previously filed in the case at the U.S. Supreme Court can be accessed via this page at "SCOTUSblog."
Posted at 11:44 AM by Howard Bashman



"A decade after Mass. ruling, gay marriage gains": The Associated Press has this report.
Posted at 11:36 AM by Howard Bashman


Friday, November 15, 2013

"What if SCOTUS does away with securities fraud class actions?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 10:04 PM by Howard Bashman


"Union can videotape picket line, Supreme Court rules in privacy case": The Toronto Globe and Mail has this news update.

The Edmonton Journal has a news update headlined "Supreme Court quashes appeal by privacy commissioner on striking Edmonton workers; Alberta given one year to change legislation to protect freedom of expression."

The Calgary Sun has a news update headlined "Alberta's privacy laws unconstitutional: Supreme Court."

Financial Post has a news update headlined "Supreme Court of Canada invalidates Alberta's privacy legislation."

And The Canadian Press reports that "Supreme Court sides with Alberta union in picket-line privacy case."

You can access today's ruling of the Supreme Court of Canada at this link.
Posted at 09:00 PM by Howard Bashman



"Justices to Revisit Securities Fraud Suits": Adam Liptak will have this article in Saturday's edition of The New York Times.

And in Saturday's edition of The Wall Street Journal, Brent Kendall will have an article headlined "Supreme Court to Review Key Securities-Fraud Case."
Posted at 08:40 PM by Howard Bashman



"Supreme Court to review police chase into Memphis": The Memphis Commercial Appeal has this news update.
Posted at 08:33 PM by Howard Bashman


"Justices to hear case on shareholder lawsuits; Energy giant Halliburton, with two lower court strikes against it, seeks a reversal from the high court's conservative justices": Richard Wolf of USA Today has this report.
Posted at 05:03 PM by Howard Bashman


"Convicted killer, Andrew Sasser, wins hearing on appeal for Arkansas murder 20 years ago": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Eighth Circuit issued today.
Posted at 02:55 PM by Howard Bashman


"Supreme Court's Clarence Thomas opens up during conservative gala": Timothy M. Phelps of The Los Angeles Times has this report.

And Robert Barnes of The Washington Post has an article headlined "Clarence Thomas: The Supreme Court's most happy fella."
Posted at 02:26 PM by Howard Bashman



"Court grants two cases": Lyle Denniston has this post at "SCOTUSblog."

Update: In other news coverage, Greg Stohr of Bloomberg News reports that "Investor Suits Challenged as Court Takes Halliburton Case."

The Associated Press reports that "Court to decide if company can try to block suit" and "High court to hear case of police sued over chase."

And Lawrence Hurley of Reuters reports that "U.S. justices agree to hear Halliburton securities class action."

You can access today's Order List of the U.S. Supreme Court at this link.
Posted at 01:30 PM by Howard Bashman



"Newspapers lose challenge to direct mail deal": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 12:55 PM by Howard Bashman


"Judge suspends entire sentence for convicted former state Supreme Court justice Orie Melvin": The Pittsburgh Post-Gazette has this news update.

And The Pittsburgh Tribune-Review has a news update headlined "Judge suspends Melvin's sentence until higher court rules on her appeal."
Posted at 12:12 PM by Howard Bashman



"Federal lawsuit against Pa. gay marriage ban survives first legal challenge": The Patriot-News of Harrisburg, Pennsylvania has this update.

The Philadelphia Inquirer has a news update headlined "Judge clears way for trial on Pa. gay marriage ban."

And The Associated Press reports that "Pennsylvania gay marriage suit takes big step toward trial."

I have posted online at this link today's memorandum and order of the U.S. District Court for the Middle District of Pennsylvania.
Posted at 12:09 PM by Howard Bashman



Second Circuit affirms rejection of Fourth Amendment challenge to the New York City Police Department's policy of administering a breathalyzer test to any officer who discharges a firearm resulting in death or personal injury: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 11:58 AM by Howard Bashman


Second Circuit certifies to New York State's highest court the question whether, "for purposes of administering a law firm's bankruptcy, New York law treats a dissolved law firm's pending hourly fee matters as its property": You can access today's ruling of the U.S. Court of Appeals for the Second Circuit, in the Thelen LLP Chapter 7 case, at this link.
Posted at 11:54 AM by Howard Bashman


"Federal appeals court upholds Rita Crundwell's nearly 20-year sentence for Dixon theft case": The Associated Press has a report that begins, "A federal appeals court is upholding a nearly 20-year prison sentence for a thieving former bookkeeper who stole almost $54 million from the northern Illinois community of Dixon."

Circuit Judge Frank H. Easterbrook wrote today's ruling (featuring a classic second sentence) on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 11:44 AM by Howard Bashman



Third time's not the charm for Starbucks in its trademark dilution litigation against Mister Charbucks: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.

Update: In news coverage, Reuters reports that "Starbucks loses 'Charbucks' appeal."
Posted at 11:40 AM by Howard Bashman



"In Texas courtroom, a battle resumes over race": Joan Biskupic of Reuters has this report.
Posted at 10:56 AM by Howard Bashman


Access online the audio of Justice Clarence Thomas's remarks last night at the 2013 Federalist Society National Lawyers Convention in Washington, DC: Last night, C-SPAN Radio covered the remarks live. As luck would have it, at least for the time being you can hear the audio of the portion of last night's event involving Justice Thomas via this link from C-SPAN beginning at the 4 minute and 11 second mark. (This audio segment consists of only approximately the first 40 minutes of Justice Thomas's interview.)

Update: This morning at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Joyous Justice Thomas Speaks to Federalist Society."
Posted at 09:25 AM by Howard Bashman



"The Stop-and-Frisk Case Takes Another Turn": This editorial appears today in The New York Times.

And Reuters reports that "Half of New York's stop-and-frisk arrests yield convictions, report says."
Posted at 08:07 AM by Howard Bashman



"Many Want To Hang 'No Atheists Allowed' On Supreme Court": Emily Swanson of The Huffington Post has this report.
Posted at 08:02 AM by Howard Bashman


"'Grateful' Justice Thomas reflects on his personal, professional journey": Bill Mears of CNN.com has this report.

And at MSNBC, Ned Resnikoff has a report headlined "Did Clarence Thomas flout ethics rules?"
Posted at 07:42 AM by Howard Bashman



"Kopf's top ten lessons a young federal trial judge should take away from the Scheindlin/Second Circuit debacle": Senior U.S. District Judge Richard G. Kopf has this post today at his blog, "Hercules and the Umpire."
Posted at 07:38 AM by Howard Bashman


Thursday, November 14, 2013

"Judge agrees to delay modifying Orie Melvin's sentence -- for now": Jason Cato of The Pittsburgh Tribune-Review has this news update.

And The Pittsburgh Post-Gazette has a news update headlined "Judge threatens to postpone entire sentence for former Pa. justice Orie Melvin."
Posted at 10:50 PM by Howard Bashman



Access online the audio of yesterday's Fifth Circuit oral argument in Abigail Fisher v. State of Texas: The U.S. Court of Appeals for the Fifth Circuit has posted the audio of yesterday's oral argument at this link (54.3 MB Windows Media Audio file).
Posted at 08:50 PM by Howard Bashman


U.S. Supreme Court grants writ of beardeas corpus: Lawrence Hurley of Reuters reports that "U.S. justices say inmate can keep beard while contesting policy."

And The Associated Press has a report headlined "Justices: Ark. inmate can grow beard, for now."

You can access today's order of the U.S. Supreme Court at this link.
Posted at 08:45 PM by Howard Bashman



"U.S. argues for broad limit on teens' gun rights": Lyle Denniston has this post at "SCOTUSblog."
Posted at 06:05 PM by Howard Bashman


"Mining company requests Supreme Court review of EPA veto case": Jeremy P. Jacobs and Manuel Quinone of Greenwire have this report.
Posted at 06:04 PM by Howard Bashman


"Sandusky Supreme Court appeal would have no merit, attorney general's prosecutor argues": The Centre Daily Times of State College, Pennsylvania has this news update.

And The Associated Press reports that "Prosecutors argue against Jerry Sandusky appeal."
Posted at 06:02 PM by Howard Bashman



"Cruz Attacks DOJ Advocacy at Federalist Society Meeting": Jenna Greene has this post at "The BLT: The Blog of Legal Times."
Posted at 06:00 PM by Howard Bashman


"A Few Thoughts on the DOJ Brief in the Lavabit Case": Orin Kerr has this post today at "The Volokh Conspiracy."
Posted at 01:32 PM by Howard Bashman


Seventh Circuit affirms preliminary injunction prohibiting Cracker Barrel Old Country Store from selling food products to grocery stores under the name "Cracker Barrel," which is a registered trademark of Kraft: You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit, written by Circuit Judge Richard A. Posner, at this link.
Posted at 01:30 PM by Howard Bashman


"Google prevails over authors in book-scanning U.S. lawsuit": Jonathan Stempel of Reuters has a report that begins, "Google Inc on Thursday won dismissal of a lawsuit by authors who accused the Web search and media group of digitally copying millions of books for an online library without permission."

I have posted online at this link today's ruling of the U.S. District Court for the Southern District of New York.

Update: In other coverage, The New York Times reports that "Judge Sides With Google on Book Scanning Suit."

And Bloomberg News reports that "Google Wins Dismissal of Suit Over Digital Books Project."
Posted at 11:12 AM by Howard Bashman



"Settlement ends long legal fight on Mount Holly housing; Mount Holly Gardens residents charged bias": This article appears today in The Courier-Post of Cherry Hill, New Jersey.

The Philadelphia Inquirer reports today that "Mount Holly Gardens discrimination dispute settled."

In today's edition of The Wall Street Journal, Robbie Whelan and Jess Bravin of The Wall Street Journal have an article headlined "New Jersey Fair-Housing Suit Skirts the Supreme Court."

At "The BLT: The Blog of Legal Times," Marcia Coyle has a post titled "Major Supreme Court Civil Rights Challenge Settles."

And at "SCOTUSblog," Lyle Denniston has a post titled "New fair housing case settled."
Posted at 11:02 AM by Howard Bashman



"Federal Panel Softens Tone on Judge It Removed From Stop-and-Frisk Case": Benjamin Weiser and Joseph Goldstein have this article today in The New York Times.

The New York Daily News reports today that "'Frisk' judge Shira Scheindlin gets hushed by federal appeals panel; 'No precedent suggesting that a district judge has standing before an appellate court to protest reassignment of a case,' jurists say of bid to defend her handling of suit vs. the NYPD."

Newsday reports today that "Judge Shira Scheindlin, in stop-and-frisk case, can't challenge appeals panel ruling."

The New York Post has an article headlined "Court rejects booted 'stop-frisk' judge's request to tell her side," an editorial titled "Scheindlin's appeal gets shot down," and an op-ed by Seth Lipsky titled "Shira slapped again."

And at his "Hercules and the Umpire" blog, Senior U.S. District Judge Richard G. Kopf has a post titled "Not with a bang but a whimper."
Posted at 08:02 AM by Howard Bashman



"Bring Me a Case": Linda Greenhouse has this essay online at The New York Times.
Posted at 07:54 AM by Howard Bashman


"Texas University's Race Admissions Policy Is Debated Before a Federal Court": This article appears today in The New York Times.

And The Horn reports that "UT affirmative action case continues in lower court."

When the audio of yesterday's Fifth Circuit oral argument becomes available online, I will link to it.
Posted at 07:50 AM by Howard Bashman



"Religious freedom and federal building security": The Lubbock Avalanche-Journal has this blog post discussing a kirpan-related ruling that the U.S. Court of Appeals for the Fifth Circuit issued yesterday.
Posted at 07:45 AM by Howard Bashman


"Lawyer Concedes Mistakes in Chevron Case": This article appears today in The New York Times.

And Reuters reports that "Ecuador high court upholds Chevron verdict, halves fine."
Posted at 07:42 AM by Howard Bashman



Wednesday, November 13, 2013

"NJ town settles high-profile housing bias lawsuit": The Associated Press has a report that begins, "Officials in a southern New Jersey town approved a legal settlement Wednesday to end a high-profile housing discrimination case, just weeks before the U.S. Supreme Court was to hear arguments on it."

Richard Wolf of USA Today reports that "Supreme Court showdown on housing bias blocked; A settlement of the housing discrimination lawsuit pleases civil rights groups and leaves the financial services industry scouting for another case."

And Greg Stohr of Bloomberg News reports that "N.J. Housing-Bias Accord Scuttles U.S. Supreme Court Case."
Posted at 08:54 PM by Howard Bashman



"Appeals court rehears Texas race-admissions case": The Associated Press has a report that begins, "A federal appeals court has asked lawyers for the University of Texas to explain how they would decide that affirmative action is no longer necessary for minority students as part of lawsuit trying to ban the practice."

The Texas Tribune reports that "Federal Judges Hear Arguments in Fisher Case -- Again."

And The Daily Texan has a news update headlined "Fifth Circuit hears oral arguments for Fisher v. UT case."
Posted at 07:44 PM by Howard Bashman



"Tarek Mehanna terror convictions upheld by federal appeals court": The Boston Globe has this news update.

The Boston Herald has a news update headlined "Court upholds 17-year sentence for Sudbury extremist."

Bloomberg News reports that "Al-Qaeda Translator Mehanna's Conviction Upheld on Appeal."

And The Associated Press reports that "Court upholds Mass. man's terror conviction."

You can access today's ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 06:18 PM by Howard Bashman



"Appeals court meets stop-and-frisk judge halfway": Josh Gerstein of Politico.com has this blog post reporting on two per curiam decisions (available online here and here) that the U.S. Court of Appeals for the Second Circuit issued this afternoon.
Posted at 05:40 PM by Howard Bashman


"GOP filibuster of judges is a war, but it's not a war on women": Michael McGough has this essay online at The Los Angeles Times.
Posted at 04:18 PM by Howard Bashman


"Supreme Court weighs employer-union organizing deals": Amanda Becker and Lawrence Hurley of Reuters have this report.

Greg Stohr of Bloomberg News reports that "Company Accords With Unions Questioned at U.S. High Court."

And Jesse J. Holland of The Associated Press reports that "Court unlikely to say union-casino pact illegal."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Unite Here Local 355 v. Mulhall, No. 12-99.
Posted at 03:24 PM by Howard Bashman



"Court weighs arrestee's objection to home search": Mark Sherman of The Associated Press has this report.

And at "The Volokh Conspiracy," Orin Kerr has a post titled "Oral Argument in Fernandez v. California: An Initial Reaction."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Fernandez v. California, No. 12-7822.
Posted at 03:18 PM by Howard Bashman



"Prosecutors respond to Blagojevich appeal": The Chicago Tribune has this news update.

And The Associated Press reports has this report.
Posted at 03:11 PM by Howard Bashman



"Greg Abbott to Justice Scalia: Let Texas enforce abortion law." Chuck Lindell has this article today in The Austin American-Statesman.
Posted at 03:08 PM by Howard Bashman


"Appeals court rehears Texas race-admissions case": The Associated Press has this report.

And Bloomberg News reports that "University of Texas Asks Appeals Court to Allow Race Preferences."

When the audio of this afternoon's oral argument at the U.S. Court of Appeals for the Fifth Circuit becomes available, I will link to it.
Posted at 03:05 PM by Howard Bashman



"In Lavabit Appeal, U.S. Doubles Down on Access to Web Crypto Keys": Kevin Poulsen has this post at Wired.com's "Threat Level" blog.
Posted at 11:30 AM by Howard Bashman


"Why Does The GOP Have A Problem With These People?" Jennifer Bendery of The Huffington Post has this report.
Posted at 10:36 AM by Howard Bashman


Speaking of "more Scalias," one was at the D.C. Circuit yesterday arguing a whale of an appeal: Yesterday, on the same day that U.S. Senator Chuck Grassley (R-IA) was confronting Democrats with the specter of "more Scalias," a second Scalia actually was at the D.C. Circuit to argue the case of Sea World of Florida, LLC v. Perez.

On Monday, The Orlando Sentinel previewed the oral argument in an article headlined "SeaWorld returns to court in killer-whale safety case."

And USA Today recently reported on the case in an article headlined "SeaWorld challenges ban on whale-trainer contact; Sea World is challenging a ban on contact with killer whales."

You can download the audio of yesterday's D.C. Circuit oral argument via this link (40.4MB mp3 audio file).
Posted at 08:54 AM by Howard Bashman



"Republicans Again Reject Obama Pick for Judiciary": This article appears today in The New York Times.

The Los Angeles Times reports that "Republican filibuster blocks Obama appeals court nominee."

The Wall Street Journal reports that "Senate Republicans Block Appeals-Court Nominee; Cornelia 'Nina' Pillard Fails to Clear Hurdle for Spot on D.C. Court of Appeals." You can freely access the full text of the article via Google.

Stephen Dinan of The Washington Times reports that "GOP filibusters another Obama nominee for federal court; Vote could bring 'nuclear option' to change the rules back into play."

The Associated Press reports that "GOP blocks key Obama court nominee in Senate vote."

Thomas Ferraro of Reuters reports that "Senate Republicans block another Obama judicial nominee."

Bloomberg News reports that "Senate Republicans Block Another Appellate-Court Nominee."

CNN.com reports that "Republicans block another nominee to the D.C. Circuit."

"The Note" blog of ABC News has a post titled "Senate Republicans Block Another Obama Nominee to D.C. Circuit Court."

The Hill reports that "Reid lacks the votes to go nuclear."

Politico.com has reports headlined "Senate blocks another Obama court pick" and "Chuck Grassley: More Scalias if Senate goes nuclear."

And at "The BLT: The Blog of Legal Times," Todd Ruger has a post titled "Senate Blocks Cornelia Pillard's Nomination to D.C. Circuit."

You can access the official roll call vote tally from yesterday's failed U.S. Senate cloture vote at this link.
Posted at 08:45 AM by Howard Bashman



"Franks, 39 Colleagues File Court Brief to Overturn Obamacare for Violating Origination Clause of Constitution": U.S. Congressman Trent Franks (R-AZ) issued this news release yesterday. You can view at this link the brief filed last Friday in the U.S. Court of Appeals for the D.C. Circuit.

In news coverage, The Hill yesterday had a blog post titled "House Republicans back new constitutional challenge to ObamaCare."

And Roll Call yesterday had a blog post titled "40 House Republicans: Obamacare Has an Origination Problem."
Posted at 08:23 AM by Howard Bashman



"The continuing saga of the poo bomber": Senior U.S. District Judge Richard G. Kopf has this post today at his "Hercules and the Umpire" blog.
Posted at 08:17 AM by Howard Bashman


Tuesday, November 12, 2013

"Testing limits of press privacy; A reporter refuses to disclose her sources for out-of-state story": The Times Union of Albany, New York has this news update.
Posted at 10:46 PM by Howard Bashman


"Texas defends abortion law to Supreme Court": The Los Angeles Times has this news update.

And at "SCOTUSblog," Lyle Denniston has a post titled "Texas defends abortion control law."
Posted at 10:42 PM by Howard Bashman



"Chevron makes its case in trial over $19 billion Ecuadorean judgment": Joseph Ax of Reuters has this report.
Posted at 10:34 PM by Howard Bashman


"GOP Escalates Nuclear Showdown By Filibustering Another Top Obama Judge": Sahil Kapur of TPM DC has a report that begins, "Senate Republicans escalated the showdown over the nuclear option in dramatic fashion Tuesday with a second consecutive filibuster of a top judicial nominee, daring Democrats to put up or shut up when it comes to changing the rules."
Posted at 06:23 PM by Howard Bashman


"Chief Judge Kozinski On The Immigrant Experience And Judging": David Lat has this post today at "Above the Law."
Posted at 06:05 PM by Howard Bashman


"High court considers whistle-blower protections": Mark Sherman of The Associated Press has this report.

And Greg Stohr of Bloomberg News reports that "Sarbanes-Oxley Whistle-Blower Shield Scrutinized by High Court."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Lawson v. FMR LLC, No. 12-3.
Posted at 05:56 PM by Howard Bashman



"Why Aren't There More Black Federal Judges in Alabama, Florida, and Georgia? Why isn't the White House doing more to nominate judges of color to sit in states like Georgia, Alabama and Florida, where minorities are severely underrepresented?" Andrew Cohen has this essay online today at The Atlantic.
Posted at 05:48 PM by Howard Bashman


"A Puzzling Statement from Judge Scheindlin": Jacob Gershman has this post at WSJ.com's "Law Blog."
Posted at 05:46 PM by Howard Bashman


"GOP set to block Obama court nominee, but parties' confirmation wars aren't new": The Washington Post has this news update.
Posted at 05:44 PM by Howard Bashman


"The Last Word on Stop-and-Frisk?" Jeffrey Toobin has this blog post online today at The New Yorker.

And today at his "Hercules and the Umpire" blog, Senior U.S. District Judge Richard G. Kopf has a post titled "Judge Scheindlin was wrong to enter the fray at the Second Circuit."
Posted at 03:38 PM by Howard Bashman



"GOP ready to block key Obama court nominee": The Associated Press has this report.
Posted at 03:35 PM by Howard Bashman


"U.S. Supreme Court Justice Antonin Scalia administers oath of office to new Texas Supreme Court justices": Angela Morris has this post today at the "Tex Parte" blog of Texas Lawyer.

And The Associated Press reports that "Justice Scalia says he 'fits right in' in Texas."
Posted at 03:33 PM by Howard Bashman



"Down With Lifetime Appointments: Humans are living longer; That means judges are serving longer, too." Adrienne LaFrance has this essay online today at Slate.
Posted at 03:28 PM by Howard Bashman


"Religious Liberty and the Ignorant Majority": Kenneth Jost has this post at his blog, "Jost On Justice."
Posted at 03:25 PM by Howard Bashman


In news coverage of today's Order List of the U.S. Supreme Court: Adam Liptak of The New York Times reports that "Justices Leave in Place Ruling Against Abortion Ultrasound Requirement."

David G. Savage of The Los Angeles Times reports that "Supreme Court rejects Oklahoma abortion regulation a second time."

The Washington Post has a blog entry titled "Supreme Court lets stand Oklahoma court ruling blocking ultrasound requirement."

Richard Wolf of USA Today reports that "Justices won't hear Okla. appeal on medical abortions; Decision comes after state Supreme Court ruled that the law, passed in 2011 but later struck down in court, would have banned all medical abortions."

Jess Bravin of The Wall Street Journal reports that "Supreme Court Rejects Oklahoma Abortion-Ultrasound Law; Decision Marks Second Setback for State This Month."

Warren Richey of The Christian Science Monitor reports that "Oklahoma abortion law that required ultrasound: Supreme Court turns away case; The US Supreme Court action lets stand a ruling by the Oklahoma Supreme Court striking down the statute; It comes a week after the US justices dismissed an appeal involving a different Oklahoma law involving chemically induced abortions."

Chris Casteel of The Oklahoman reports that "U.S. Supreme Court rejects Oklahoma appeal of abortion case; Without comment, the nation's high court lets stand a decision that requiring a woman to have an ultrasound is unconstitutional."

The Herald-Sun of Durham, North Carolina reports that "Supreme Court declines second Duke lacrosse appeal."

Greg Stohr of Bloomberg News reports that "Oklahoma Rejected by Top Court on Ultrasound Abortion Law" and "Hyundai Rejected by Court on $11.5 Million Patent Award."

The Associated Press reports that "High court won't hear Okla. ultrasound case"; "Court won't hear lacrosse players rights' claim"; and "Court won't overturn Rasta pictures decision."

Lawrence Hurley of Reuters reports that "U.S. justices decline to hear second Oklahoma abortion case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court bypasses ultrasound case."
Posted at 03:06 PM by Howard Bashman



Monday, November 11, 2013

Programming note: On Tuesday morning, I will be arguing an appeal on behalf of the plaintiffs/appellees in the Superior Court of Pennsylvania. ABC News covered the jury's verdict in the case in an article headlined "Motrin Lawsuit: Jury Awards Girl $10 Million for Burns and Blindness." You can access the appellate brief that I filed on my clients' behalf at this link.

At 9:30 a.m. eastern time on Tuesday, the U.S. Supreme Court is scheduled to issue an Order List. Once the Court posts that Order List online, you can access it via this link.

Additional posts will appear here Tuesday afternoon.

Update: The oral argument seemed to go very well.
Posted at 10:24 PM by Howard Bashman



"In John Roberts's World, Only the Court Can Be Trusted; With the exception of himself and a few friends in black robes, the chief justice seems to view the federal government as a bunch of power-hungry hacks": Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 09:06 PM by Howard Bashman


"NY stop-frisk plaintiffs protest to appeals court": The Associated Press has this report.
Posted at 02:48 PM by Howard Bashman


"SCOTUSblog will be shopping for a buyer next year, its founder confirms": Debra Cassens Weiss has this post at the "Law News Now" blog of ABA Journal.
Posted at 02:36 PM by Howard Bashman


"Harvard Law outsider became Tea Party hero; In liberal bastion, Ted Cruz played a familiar role": Sunday's edition of The Boston Globe contained this article.
Posted at 01:18 PM by Howard Bashman


"Case a test for shielding sources": This front page article appears today in The Times Union of Albany, New York.

Update: In other coverage, The Associated Press reports that "Fox reporter's lawyers seek to keep sources secret."
Posted at 01:15 PM by Howard Bashman



"Court nominees: Battleground for partisan politics." Politico.com has this report.

And in this week's issue of The National Law Journal, U.S. Senator Orrin G. Hatch (R-UT) has an essay titled "Power Grab In Judicial Nominations: Numbers don't justify more judicial appointments, so why is Obama pushing? Politics, of course."
Posted at 01:07 PM by Howard Bashman



"Deja Vu at Jones Day: Firm Hires Six More Supreme Court Clerks." Tony Mauro has this post today at "The BLT: The Blog of Legal Times." Maybe next the law firm will purchase "SCOTUSblog"?
Posted at 01:02 PM by Howard Bashman


"Former Chief Justice George is not a fan of SCOTUS election law jurisprudence": David Ettinger has this post at the "At the Lectern" blog.
Posted at 07:56 AM by Howard Bashman


"Iowa case could have big effect on drug-death convictions": Yesterday's edition of The Des Moines Register contained this front page article.

And today at "SCOTUSblog," Lyle Denniston has a post titled "Argument preview: Crime and death's cause."
Posted at 07:53 AM by Howard Bashman



"Litigants face long road to Indiana Supreme Court": This article appears today in The Times of Munster, Indiana.
Posted at 07:48 AM by Howard Bashman


"Sometimes, you don't want your case to make it to the Supreme Court": In today's edition of The Washington Post, Robert Barnes has this new installment of his "The High Court" column.
Posted at 07:44 AM by Howard Bashman


Sunday, November 10, 2013

"Ousted stop-frisk judge's lawyer slams NYC motion": The Associated Press has this report.
Posted at 10:32 PM by Howard Bashman


"Supreme Court to Take Up Challenges to Union Practices": Steven Greenhouse will have this article in Monday's edition of The New York Times.
Posted at 09:55 PM by Howard Bashman


"Toronto lawyer takes aim at Supreme Court choice": The Canadian Press has a report that begins, "Rocco Galati appears to revel in kicking Goliath in the shins. The Toronto lawyer is teaming up with the Constitutional Rights Centre Inc., to challenge the legality of the Prime Minister's latest appointment to the Supreme Court of Canada."
Posted at 09:54 PM by Howard Bashman


"Handicapping the Possible Purchasers of SCOTUSblog": Law professor Kyle Graham has this post today at his blog, "noncuratlex.com."
Posted at 08:32 PM by Howard Bashman


"Stop-and-frisk case judge makes new bid to end legal fight": Josh Gerstein has this blog post today at Politico.com.
Posted at 04:45 PM by Howard Bashman


"Holding Court: Richard A. Posner's 'Reflections on Judging.'" In today's edition of The New York Times, law professor Kenji Yoshino has this review of Seventh Circuit Judge Richard A. Posner's new book in the Sunday Book Review section.
Posted at 01:05 PM by Howard Bashman


"Voter ID laws challenged in state, federal court as discriminatory": UPI has this report.
Posted at 11:52 AM by Howard Bashman


"Bond v United States: The Supreme Court Should Not Let Bad Facts Make Bad Law." John Bellinger had this post Friday at the "Lawfare" blog.
Posted at 09:51 AM by Howard Bashman


"New York City Asks Court to Vacate Rulings on Stop-and-Frisk Tactic": Benjamin Weiser and Joseph Goldstein have this article today in The New York Times.

The Associated Press reports that "NYC moves to vacate judge's stop-frisk decisions."

And Bloomberg News reports that "New York City Seeks to Have Stop-Frisk Order Thrown Out."
Posted at 09:50 AM by Howard Bashman



"Taking case before U.S. Supreme Court takes lots of work": This article appears today in The Des Moines Register.
Posted at 09:46 AM by Howard Bashman


"U.S. Supreme Court to consider another Oklahoma abortion case; After rejecting Oklahoma's appeal in a case involving drug-induced abortions, the nation's high court might review a state law requiring ultrasound examination": Chris Casteel has this article today in The Oklahoman.
Posted at 09:45 AM by Howard Bashman


"Supreme Court ruling could give man, sentenced to life without parole as juvenile, another chance": This article appears today in The Clarion-Ledger of Jackson, Mississippi.
Posted at 09:42 AM by Howard Bashman


"Act 10 union law goes before state Supreme Court Monday": Patrick Marley has this article today in The Milwaukee Journal Sentinel.
Posted at 09:40 AM by Howard Bashman


"Under the U.S. Supreme Court: 'Amazon tax' headed for the justices?" Michael Kirkland of UPI has this report.
Posted at 09:12 AM by Howard Bashman


Saturday, November 9, 2013

"The Nominee: A Political and Spiritual Journey." Fifth Circuit Judge Leslie H. Southwick has published this memoir, which the book's publisher describes as "A firsthand account of the murky, faithstraining processes by which federal judges are confirmed."

Although a review copy of the book has yet to arrive at "How Appealing" headquarters, some of the book's contents can be accessed online via Google Books.
Posted at 03:05 PM by Howard Bashman



"Legal blog seeks recognition from high court": Mark Sherman of The Associated Press has this report.

According to the article, "Next year, Goldstein said he intends to sell SCOTUSblog. To that end, he wants a formal press credential for Denniston, whose pass is courtesy of a Boston public radio station for which he works only rarely, and maybe even Howe. The formal recognition he seeks is part of a series of moves aimed at making SCOTUSblog more attractive to prospective buyers."

Update: From the department of "now you see it, now you don't," the passage from the article quoted immediately above has been cut from the article's current version. However, the original version of the article can still be accessed at various places online, including here.
Posted at 10:00 AM by Howard Bashman



Challenge to my client's $8 million appellate victory in pooled health trust matter reached a favorable conclusion yesterday when the Pa. Supreme Court denied the opposing parties' request for further review: Yesterday's orders of the Supreme Court of Pennsylvania denying the petition for allowance of appeal can be accessed here and here. I have posted my client's brief in opposition to the petition for allowance of appeal at this link.

The Pa. Commonwealth Court's earlier unanimous en banc ruling in favor of my client can be accessed here. My post collecting news coverage of the ruling, published on the day after it originally issued, appears at this link. And I previously linked here both to my client's appellate briefs and the trial court's adverse ruling.
Posted at 09:50 AM by Howard Bashman



"Label Updates May Be Allowed for Generics": Today's edition of The New York Times contains an article that begins, "The Food and Drug Administration proposed a rule on Friday that would permit generic drug makers to update their labels if they received information about potential safety problems. The move puts the companies on equal footing with brand-name manufacturers, but it also opens the door to lawsuits against them for the first time since the Supreme Court barred such cases two years ago."

You can view the text of the proposed rule at this link.
Posted at 09:12 AM by Howard Bashman



"Veterans feel a debt toward an old warhorse of a judge; Judge Harry Pregerson, wounded at Okinawa, was the force behind U.S. VETS, which has rescued thousands of formerly homeless vets": Columnist Steve Lopez will have this essay in tomorrow's edition of The Los Angeles Times.
Posted at 09:07 AM by Howard Bashman


"Executions Stall as States Seek Different Drugs": This front page article appears today in The New York Times.
Posted at 08:57 AM by Howard Bashman


Friday, November 8, 2013

"Appeals Court Blocks Health Law's Contraception Requirement": Joe Palazzolo of The Wall Street Journal has a news update that begins, "A federal appeals court on Friday blocked a provision of the Obama administration's health-care law requiring employers to provide birth-control coverage in employee insurance, ruling that it imposed a 'substantial burden' on religious rights of two Midwestern companies." You can freely access the full text of the article via Google.

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

Update: In other coverage, Bloomberg News reports that "Obamacare Contraceptive Mandate Blocked by Appeals Court."

And at "SCOTUSblog," Lyle Denniston has a post titled "Broad bar to birth-control mandate."
Posted at 09:00 PM by Howard Bashman



"FDA seeks faster warning updates for generic drugs": The Associated Press has this report.
Posted at 05:36 PM by Howard Bashman


Programming note: This afternoon, I have a meeting out of the office with co-counsel on a pending appeal. Additional posts will appear here this evening.
Posted at 11:22 AM by Howard Bashman


"Strine Seeks Top Delaware Supreme Court Post; Court Is Final Voice on State's Business Laws, the Most Influential in the Country": On Wednesday, The Wall Street Journal posted this article online.

You can freely access the full text of the article via Google.
Posted at 08:00 AM by Howard Bashman



"Solomonic ruling tests state Supreme Court": Paul Flemming of The Tallahassee Democrat has this essay discussing a ruling that the Supreme Court of Florida issued yesterday. My earlier coverage of that ruling can be accessed here.
Posted at 07:58 AM by Howard Bashman


"A prayer paradox at the Supreme Court": Michael McGough has this essay online at The Los Angeles Times.
Posted at 07:54 AM by Howard Bashman


"State Supreme Court hears arguments on controversial vanity plate": This article appears today in The Concord (N.H.) Monitor.

Lynne Tuohy of The Associated Press reports that "NH man fights denial of 'COPSLIE' vanity plate."

And Reuters reports that "New Hampshire man takes vanity plate debate to states top court."

At this web page, the Supreme Court of New Hampshire provides links to access the audio and video of yesterday's oral arguments.
Posted at 07:52 AM by Howard Bashman



Thursday, November 7, 2013

"Police need judge's specific permission to search computers, Supreme Court rules": Sean Fine of The Toronto Globe and Mail has a news update that begins, "Police entering a home with a search warrant have no right to examine any computers they find unless a judge has given them specific permission, the Supreme Court of Canada has ruled unanimously."

And The Canadian Press reports that "Court allows computer, phone evidence in B.C. grow-op case; Police seized two computers and a cellphone in the raid on Thanh Long Vu's home."

You can access today's ruling of the Supreme Court of Canada at this link.
Posted at 10:30 PM by Howard Bashman



"Omar Khadr set to appeal war-crime convictions": The Toronto Globe and Mail has this news update.
Posted at 10:26 PM by Howard Bashman


"Alleged subway 'Peeping Mike' appeals before Massachusetts SJC; Lawyer argues 1st Amendment protects Andover man while taking pictures up women's skirts": The Eagle-Tribune of North Andover has this article reporting on a case argued Monday before the Supreme Judicial Court of Massachusetts. You can access the video of the oral argument via this link.

Other coverage of the oral argument is available from The New York Daily News and the "Jezebel" blog.
Posted at 10:24 PM by Howard Bashman



"Obama nominates Ronnie White to federal judgeship he was once denied": Bill Lambrecht of The St. Louis Post-Dispatch has this news update.
Posted at 10:04 PM by Howard Bashman


"Fort Lauderdale's Rosenbaum nominated to federal appeals court": Jay Weaver of The Miami Herald has this news update.

Earlier today, the White House issued a news release headlined "President Obama Nominates Judge Robin S. Rosenbaum to Serve on the United States Court of Appeals." You can access the nominee's current federal judicial center biography at this link.
Posted at 09:00 PM by Howard Bashman



"Rehearing Denial Spurs Harrowing Warning": Courthouse News Service has a report that begins, "A rift in the 9th Circuit over 'causal nexus' review may not be fixed in time to save the life of a man on death row in Arizona, but it must be fixed, Chief Judge Alex Kozinski and a dozen other judges warned Thursday."

You can access at this link the dissent in which twelve judges serving on the U.S. Court of Appeals for the Ninth Circuit joined today.
Posted at 04:28 PM by Howard Bashman



"Michigan Supreme Court to decide whether juveniles serving mandatory life sentences deserve shot at freedom": The Associated Press has this report.
Posted at 04:13 PM by Howard Bashman


"Antonin Scalia Just Cracked the Door to State-Sanctioned Prayer; Religious supremacy may be on the rise at the Supreme Court": Law professor Jeffrey Rosen has this essay online today at The New Republic.

And on Tuesday, The Rochester (N.Y.) Democrat & Chronicle posted online an article headlined "The women behind local Supreme Court case: The case brought by two women pits a 239-year-old government practice against the First Amendment's Establishment Clause."
Posted at 04:12 PM by Howard Bashman



In news pertaining to the Supreme Court of Florida: The Associated Press reports that "Fla. Supreme Court settles lesbian custody battle." You can access today's 4-to-3 ruling of Florida's highest court at this link. Update: In other coverage, Bloomberg News reports that "Florida Court Rules Lesbian Egg Donor Has Parental Rights."

And in other news, The South Florida Sun-Sentinel reports today that "Red-lights camera challenge goes to Supreme Court; Cases concern tickets issued in Orlando and Aventura."
Posted at 02:09 PM by Howard Bashman



In posts of interest at "The BLT: The Blog of Legal Times." Tony Mauro has a post titled "First Amendment Trailblazers Celebrated at Supreme Court."

And Todd Ruger has a post titled "Senate Sets Second Round in D.C. Circuit Fight."
Posted at 01:10 PM by Howard Bashman



"U.S. justices weigh LCD-screen price-fixing case": Lawrence Hurley of Reuters has a report that begins, "The U.S. Supreme Court appeared divided on Wednesday as it considered a dispute between states and electronics manufacturers over whether restitution claims based on alleged price-fixing in the market for liquid crystal display panels should be heard in state or federal court."

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Mississippi, Inc. ex rel. Hood v. AU Optronics Corp., No. 12-1036.
Posted at 11:04 AM by Howard Bashman



"How I Write: Richard Posner; America's most cited legal scholar, Judge Richard Posner, talks about his compulsive writing, what's guaranteed to make him laugh, and his passion for cats." Online today at The Daily Beast, Noah Charney has this interview with Seventh Circuit Judge Richard A. Posner.

Nearly ten years ago, Judge Posner was a participant in this blog's "20 questions for the appellate judge" feature. You can access that interview at this link.
Posted at 10:58 AM by Howard Bashman



"Council delays vote to settle Mount Holly Gardens lawsuit": Today's edition of The Courier-Post of Cherry Hill, New Jersey contains this article.

Today's edition of The Philadelphia Inquirer reports that "Settlement vote on Mount Holly Gardens case is tabled."

And online at The Newark Star-Ledger, Ilya Shapiro and Gabriel Latner have an op-ed titled "The feds are running from a New Jersey fight over race, housing."
Posted at 10:50 AM by Howard Bashman



"History an uncertain guide, says retired Supreme Court justice": This article appears today in The Athens (Ga.) Banner-Herald.

You can access at this link the remarks that retired U.S. Supreme Court Justice John Paul Stevens prepared for delivery yesterday at the University of Georgia Law Review Symposium.
Posted at 10:44 AM by Howard Bashman



"At Supreme Court hearing, passions over religion and its rules": Joan Biskupic of Reuters has a news analysis that begins, "When the U.S. Supreme Court talks about religion, all hell breaks loose."
Posted at 10:36 AM by Howard Bashman


Wednesday, November 6, 2013

"Supreme Court weighs whether praying before governing is legal": Michael Doyle of McClatchy Washington Bureau has this report.

Warren Richey of The Christian Science Monitor has an article headlined "Public prayer: why devil worshipers came up in Supreme Court arguments; Supreme Court arguments over whether public prayer at a town board meeting violates the separation of church and state included a failed attempt to formulate a prayer acceptable to all beliefs."

On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Examines Anew Prayer At Government Functions."

This evening's broadcast of The PBS NewsHour included a segment titled "Supreme Court tackles the separation of church and state in public prayer case" featuring Marcia Coyle.

Online at Slate, Dahlia Lithwick has a Supreme Court dispatch titled "Say a Prayer for the Supreme Court: Can the justices settle the world's religious differences? Not a chance in hell."

At Bloomberg View, law professor Noah Feldman has an essay titled "The Founders Prayed, Why Can't the City Council?"

At the "Taking Note" blog of The New York Times, Jesse Wegman has a post titled "Sympathy for the Devil Worshipers?"

And at the blog "Litigator Rex," L.J. Puleo has a post titled "Testing the Hypothesis, Some Random Thoughts on Town of Greece v. Galloway -- the first 100 words."
Posted at 08:47 PM by Howard Bashman



"Court cool to Stephen Glass' bid to practice law": Bob Egelko of The San Francisco Chronicle has this news update.

Maura Dolan of The Los Angeles Times has a news update headlined "Stephen Glass finds tough audience at California Supreme Court."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Law License Looks Unlikely for Stephen Glass."

You can access the video of today's oral arguments at the Supreme Court of California via this link.
Posted at 08:32 PM by Howard Bashman



"Judge tossed from 'stop-and-frisk' wants day in court": The New York Post has this news update.

The New York Daily News has an update headlined "Stop-and-frisk judge fighting back after being removed from controversial NYPD policing case; Manhattan Federal Judge Shira Scheindlin was ordered removed from the landmark stop-and-frisk case by an appeals court but now she has asked the court to review that decision."

Newsday has an update headlined "Judge Shira Scheindlin seeks hearing on stop-and-frisk ruling."

The Associated Press reports that "Ousted stop-frisk judge's lawyer fights order."

And Reuters reports that "Judge asks to be put back on New York 'stop-and-frisk' case."

Joe Palazzolo of The Wall Street Journal has posted online at this link a copy of U.S. District Judge Shira A. Scheindlin's Request for Leave to File Motion to Address Order of Disqualification.
Posted at 08:09 PM by Howard Bashman



"Harry Reid Opens Door To Nuking The Filibuster For Judges": Sahil Kapur of TPM DC has this report today.

Columnist Harold Meyerson of The Washington Post has an op-ed titled "A good case against the filibuster."

And columnist Eric Zorn of The Chicago Tribune has a blog post titled "Pack of lies: How the GOP's phony 'court packing' accusation could backfire."
Posted at 05:27 PM by Howard Bashman



"Pennsylvania Superior Court stays letter-writing part of Joan Orie Melvin's sentence": Paula Reed Ward of The Pittsburgh Post-Gazette has this news update.

Adam Brandolph of The Pittsburgh Tribune-Review also has a related news update.

And The Associated Press reports that "Convicted Pa. judge wins appeal of apology letters."

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



"Appeals Court Rejects Claim Against Paramount Over Ownership of 'Rules of Engagement'": Variety has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.

Update: In other coverage, at her "Trial insider" blog, Pamela A. MacLean has a post titled "Court's 'Rules of Engagement' on Copyright Claim."
Posted at 03:05 PM by Howard Bashman



"Appeals court strikes blow against OC gang order": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 02:56 PM by Howard Bashman


"Supreme Court hears case on N.Y. town's practice of opening meetings with a prayer": Robert Barnes of The Washington Post has this news update.

Tim Phelps of The Los Angeles Times has a news update headlined "Dispute over prayer at meetings confounds Supreme Court."

Lawrence Hurley of Reuters reports that "U.S. justices struggle with New York town prayer dispute."

Josh Gerstein of Politico.com reports that "Justices struggle with church-state case."

And at the "School Law" blog of Education Week, Mark Walsh has a post titled "Supreme Court Justices Weigh Prayers at Municipal Meetings."
Posted at 02:54 PM by Howard Bashman



"Disgraced ex-journalist's bid for lawyer license stumbles in California Supreme Court": Howard Mintz of The San Jose Mercury News has this update.

And The Associated Press reports that "Disgraced ex-journo fights for Calif. law license."
Posted at 02:45 PM by Howard Bashman



"Circuit Split Watch: Attorney's Fees in Prisoner Litigation." Michelle Olsen has this post today at her "Appellate Daily" blog.
Posted at 01:40 PM by Howard Bashman


"Supreme Court hears case on legislative prayer": Mark Sherman of The Associated Press has this report.

Update: In other coverage, Greg Stohr of Bloomberg News reports that "Legislative Prayer Scrutinized by U.S. Supreme Court Justices."

Adam Liptak of The New York Times has a news update headlined "Supreme Court Justices Consider New York Town's Prayer Practice."

Richard Wolf of USA Today reports that "Justices appear wary of regulating legislative prayer; Court's decision, expected in the spring, could affect government practices from the halls of Congress to the nation's smallest towns and villages."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: Marsh's demise or its renewal?"

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Town of Greece v. Galloway, No. 12-696.
Posted at 11:35 AM by Howard Bashman



"The Nazi Anatomists: How the corpses of Hitler's victims are still haunting modern science -- and American abortion politics." Emily Bazelon has this lengthy article online today at Slate.
Posted at 10:44 AM by Howard Bashman


"Supreme Court Case Puts Public Prayer Back In The Spotlight": Nina Totenberg had this audio segment on today's broadcast of NPR's "Morning Edition."
Posted at 10:42 AM by Howard Bashman


"Former California chief justice looks back on his days on the bench; In a new oral history, Ronald M. George discusses the challenges of persuading lawmakers to fund courts, disagreements with colleagues and the process of ruling on gay marriage": Maura Dolan has this article today in The Los Angeles Times.
Posted at 09:03 AM by Howard Bashman


"Castille wins another term on Pa. Supreme Court": The Philadelphia Inquirer contains this article today.

Peter Hall of The Morning Call of Allentown, Pennsylvania has an article headlined "Stabile wins Superior Court race; four veteran appeals court judges retained; Chief Justice Castille overcomes scandal to win third term; three other justices retained."

The Pittsburgh Post-Gazette reports that "Republican Stabile wins Superior Court seat."

The Patriot-News of Harrisburg, Pennsylvania reports that "Vic Stabile wins Pa. Superior Court race."

And The Associated Press reports that "Pa. voters send GOP's Stabile to Superior Court, Dems sweep other top offices."
Posted at 09:00 AM by Howard Bashman



"U.S. 'overreaching' in piracy case against Somali, judge says; Ali Mohamed Ali, a Somali who helped win release of a ship and crew for ransom but played no role in seizing the vessel, is charged with piracy by the U.S.; The trial judge says that goes too far": This article appears today in The Los Angeles Times.
Posted at 08:54 AM by Howard Bashman


"Local domestic dispute is heard by U.S. Supreme Court": Today's edition of The Philadelphia Inquirer contains an article that begins, "Flabbergasted was the word U.S. Supreme Court Justice Samuel A. Alito Jr. used Tuesday to describe his reaction to federal prosecutors' decision to classify as a chemical-weapons attack a Lansdale woman's attempt to poison her romantic rival."

Update: In other coverage, Warren Richey of The Christian Science Monitor reports that "Supreme Court skeptical about use of chemical weapons treaty in charging wife; The Supreme Court heard a case Tuesday involving the prosecution of a Pennsylvania microbiologist who used toxic chemicals to try to settle a personal score. Federal prosecutors charged the woman with using 'chemical weapons.'"
Posted at 08:52 AM by Howard Bashman



"Disgraced ex-journo fights for Calif. law license": The Associated Press has this report.
Posted at 08:50 AM by Howard Bashman


"Proposed Accord Would End Supreme Court Housing-Bias Case": Greg Stohr of Bloomberg News has this report.

Several days ago, The Philadelphia Inquirer published an article headlined "Tentative settlement in Mount Holly Gardens case."

And at MSNBC.com, Adam Serwer has a lengthy article headlined "Bulldozing homes and civil rights."
Posted at 08:37 AM by Howard Bashman



"Plan to Raise Judges' Retirement Age to 80 Is Rejected": The New York Times has a report that begins, "An amendment to the New York State Constitution raising the mandatory retirement age to 80 for judges on the Supreme Court and on the Court of Appeals went down in defeat in a referendum on Tuesday, handing Chief Judge Jonathan Lippman a stinging rebuke."

And The Rochester Democrat & Chronicle reports that "Defeat of judicial age amendment shifts power to Cuomo."

You can view the unofficial election results at this link.
Posted at 08:33 AM by Howard Bashman



"Supreme Court hears case on legislative prayer": Mark Sherman of The Associated Press has this report.

And at the ABC News blog "The Note," Ariane de Vogue has a post titled "Board Meeting Prayer Bound for Supreme Court in Church-State Case."
Posted at 08:26 AM by Howard Bashman



Tuesday, November 5, 2013

"Supreme Court finds dilemma in spurned wife's conviction": Robert Barnes will have this article in Wednesday's edition of The Washington Post. In addition, the newspaper has published an op-ed by U.S. Senator Ted Cruz (R-TX) titled "The Supreme Court can use a soap-opera case to stop federal overreach."

In Wednesday's edition of The Wall Street Journal, Jess Bravin will have an article headlined "Supreme Court Doubts Treaty Is Relevant to Poisoning Case; Justices Skeptical That Chemical Weapons Convention Applies to Love-Triangle Rivals."

On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Love Triangle Case Puts Chemical Weapons Treaty To The Test."

This evening's broadcast of The PBS NewsHour contained a segment titled "How a ruling on toxic revenge could change the way treaties are enforced" featuring Marcia Coyle.

At the ABC News blog "The Note," Ariane de Vogue has a post titled "Justices Hear Love Triangle Meets States' Rights Case."

And at Forbes.com, Daniel Fisher has a post titled "SCOTUS Debate: Can A Jilted Wife Violate Chemical Weapons Treaty?"
Posted at 10:32 PM by Howard Bashman



"New York Town Divided as Prayer Case Heads to Supreme Court": This article will appear in Wednesday's edition of The New York Times.
Posted at 10:04 PM by Howard Bashman


"Will The Supreme Court Limit The Government's Criminalization Of Truthful Scientific & Medical Speech?" John Osborn has this post at Forbes.com.
Posted at 09:34 PM by Howard Bashman


"Hicks challenges legality of US terror conviction": The Age of Melbourne, Australia has this report.
Posted at 09:30 PM by Howard Bashman


"Richard Posner tackles complexity": Robert Teitelman has this blog entry at The Huffington Post.
Posted at 08:47 PM by Howard Bashman


"Ecuador Judge Says $19 Billion Chevron Ruling Was His Own": Bloomberg News has this report.

And Reuters reports that "Former Ecuadorean judge denies fraud, defends Chevron ruling."
Posted at 08:44 PM by Howard Bashman



"The Constitutionality of Saying a Prayer at a City Council Meeting: May America Bless God?" The American Bar Association has posted online this case preview written by law professor Thomas E. Baker.
Posted at 08:34 PM by Howard Bashman


"In Viacom v. YouTube appeal, law profs duel over copyright cop duties": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 06:15 PM by Howard Bashman


"Baby Veronica case: Adoptive parents seek more than $1 million in legal fees from biological father, Cherokees." The Tulsa World has this news update.
Posted at 06:14 PM by Howard Bashman


"My Thoughts on Fernandez v. California": At "The Volokh Conspiracy," Orin Kerr has a post that begins, "On November 13th, the Supreme Court will hear oral argument in a Fourth Amendment case, Fernandez v. California, on the scope of the third-party consent doctrine."
Posted at 06:12 PM by Howard Bashman


"Reid setting up votes on two more judicial nominees": Ed O'Keefe has this entry this afternoon at the "Post Politics" blog of The Washington Post.

And Roll Call has a blog post titled "Reid to Set Up Next Moves in Latest 'Nuclear Option' Staredown."
Posted at 06:09 PM by Howard Bashman



"Supreme Court appointments: Wrong person on the hot seat." Online at The Toronto Globe and Mail, law professor Adam Dodek has an essay that begins, "Canada's Supreme Court is in a jam. With the controversy swirling over the appointment of Justice Marc Nadon, the high court now finds itself down a judge and faced with the uncomfortable position of having to decide a reference about the legality of appointments to itself."
Posted at 05:30 PM by Howard Bashman


"Supreme Court Hears Unlikely Test of Federal Power": Adam Liptak will have this article in Wednesday's edition of The New York Times.

At the "School Law" blog of Education Week, Mark Walsh has a post titled "Unusual Supreme Court Mix: Chemical Weapons, Treaties, and Education."

And online at The Atlantic, law professor Garrett Epps has an essay titled "What Begins as Domestic Farce May End in Foreign-Policy Tragedy; The case of United States v. Bond: Five Justices seem disposed to create a new rule that could hamstring foreign policy down the road."
Posted at 05:27 PM by Howard Bashman



"State AGs in the Dock: Are state attorneys general about to be slapped down at the Supreme Court?" Avi Schick and Kiran Patel have this jurisprudence essay online at Slate.
Posted at 05:20 PM by Howard Bashman


"The Supreme Court Doesn't Necessarily Care If Your Lawyer Is Unethical: This morning, all nine justices revealed what they really think about the right to counsel." Andrew Cohen has this essay online at The Atlantic.
Posted at 04:05 PM by Howard Bashman


"A Judge and More: The life of Karen Williams celebrated in Monday service," This article appears today in The Times and Democrat of Orangeburg, South Carolina.
Posted at 03:02 PM by Howard Bashman


"Justices divided over 'toxic love' case involving states' rights": Bill Mears of CNN.com has this report.

And Josh Gerstein of Politico.com reports that "Supreme Court skeptical of government's chemical weapons case."
Posted at 03:00 PM by Howard Bashman



"Not 'court-packing,' GOP's aim is 'court-shrinking'": Jeff Shesol has this essay online at Reuters.
Posted at 01:30 PM by Howard Bashman


"U.S. justices question woman's chemical weapons conviction": Lawrence Hurley of Reuters has this report.

Jesse J. Holland of The Associated Press reports that "Court skeptical of anti-chemical weapons law use."

Greg Stohr of Bloomberg News reports that "Justices Suggest They May Curb Congress's Power in Poison Case."

Richard Wolf of USA Today reports that "Justices decry chemical weapons case against jilted wife; Federal government's use of an international treaty to prosecute a Pennsylvania woman for attacking her husband's lover may go too far, they say."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: A tense hour at the Court."

In earlier coverage, today's edition of The Philadelphia Inquirer contains an article headlined "Montco poisoning case goes back to Supreme Court."

Update: You can access at this link the transcript of today's U.S. Supreme Court oral argument in Bond v. United States, No. 12-158.
Posted at 12:46 PM by Howard Bashman



Access online today's opinion of the U.S. Supreme Court in an argued case: Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Burt v. Titlow, No. 12-414. Justice Sonia Sotomayor issued a concurring opinion. And Justice Ruth Bader Ginsburg issued an opinion concurring in the judgment. You can access the oral argument via this link.

Update: In news coverage, The Associated Press reports that "High court reinstates lengthy prison term in Mich."
Posted at 10:04 AM by Howard Bashman



"Case mixing toxic love and states' rights reaches high court": Bill Mears of CNN.com has this report.

At the ABC News blog "The Note," Ariane de Vogue has a post titled "Supreme Court Wades Into Bizarre Love Triangle Case."

And on today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment titled "A Toxic Love Triangle Heads To The Supreme Court."
Posted at 08:52 AM by Howard Bashman



"Facebook's Settlement on 'Beacon' Service Survives Challenge; High Court Declines to Hear Appeal Related to Short-Lived Privacy Issue": Brent Kendall of The Wall Street Journal has this report.

And Bob Egelko of The San Francisco Chronicle reports that "Facebook privacy deal OKd with justice's warning."
Posted at 08:47 AM by Howard Bashman



"Horse-Meat Plant Inspection Halted by U.S. Appeals Court": Bloomberg News has this report.
Posted at 08:45 AM by Howard Bashman


"Court hears request to toss law against mailing nudity": Today's edition of The Athens (Ga.) Banner-Herald contains an article that begins, "A text message containing a photo of a man's penis could prompt the Georgia Supreme Court to throw out a 43-year-old law that requires a warning on the outside of the envelope when sending depictions of nudity."
Posted at 08:42 AM by Howard Bashman


"Patent Tug-of-War Prompts Congress to Catch Up to Courts": Bloomberg News has this report.
Posted at 08:37 AM by Howard Bashman


"Issue of Prayer Returns to the Court": Adam Liptak has this new installment of his "Sidebar" column in today's edition of The New York Times.

And online at Slate, law professor Alan Brownstein and Lanae Erickson Hatalsky have a jurisprudence essay titled "Let Us Not Pray: Why the Supreme Court shouldn't let town boards start meetings with prayer."
Posted at 08:20 AM by Howard Bashman



"Court Fight": In Saturday's edition of The New York Times, columnist Charles M. Blow had an op-ed that begins, "One thing that often gets lost in the moment-to-moment measurements of a president's efficacy and his legacy is one of the most enduring and resilient effects he can have on American life: court appointments."
Posted at 08:16 AM by Howard Bashman


Monday, November 4, 2013

"Supreme Court clash on leaks to reporter Risen moves closer; Testimony won't be required until appeal is heard": The Washington Times has this report.
Posted at 11:50 PM by Howard Bashman


"Supreme Court backs California officer, tosses lawsuit": David G. Savage of The Los Angeles Times has this report.
Posted at 11:48 PM by Howard Bashman


"Is thumb burn a chemical weapons violation? Supreme Court takes up case; It could pass as soap opera -- unfaithful husband, vengeful wife, poisoned best friend -- but the case before the Supreme Court also raises weighty questions about the scope of federal authority." Warren Richey of The Christian Science Monitor has this report.
Posted at 11:45 PM by Howard Bashman


"Pennsylvania Supreme Court's juvenile sentence decision 'chaos,' legal experts say": Adam Brandolph has this article today in The Pittsburgh Tribune-Review.
Posted at 11:44 PM by Howard Bashman


"Military, CIA compelled medics to abuse detainees, report says": Carol J. Williams of The Los Angeles Times has this report.
Posted at 11:42 PM by Howard Bashman


"PA voters could oust two Supreme Court justices in Tuesday's election": Eric Boehm of PA Independent has this report today.

And The Associated Press reports that "Fearing anti-incumbent mood, unopposed Pa. Supreme Court justice raises $420,000 for campaign."
Posted at 11:10 PM by Howard Bashman



"U.S. Supreme Court rules against Oklahoma abortion drug law; The U.S. Supreme Court has let stand a ruling that an Oklahoma law on abortion-inducing drugs is unconstitutional": The Oklahoman has this news update.
Posted at 10:14 PM by Howard Bashman


"Supreme Court Takes Up Steelworkers' Bid for Time for a Change of Clothing": 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 "Court asked to define 'clothes.'"

And Amanda Becker of Reuters reports that "Supreme Court weighs fight over changing clothes at work."
Posted at 10:11 PM by Howard Bashman



"Birth-control mandate: Which case to review?" Lyle Denniston has this post at "SCOTUSblog."
Posted at 09:57 PM by Howard Bashman


"Tweeting #Justice: How a campaign strategy transformed into a can't-miss online presence." The November 2013 issue of the Texas Bar Journal contains this interview (dubbed a Twitter-view) with Justice Don R. Willett of the Supreme Court of Texas. You can access his Twitter feed at this link.
Posted at 05:40 PM by Howard Bashman


"Justice Nadon barred from Supreme Court building amid legal challenge": In today's edition of The Toronto Globe and Mail, Sean Fine has an article that begins, "October was not a very good month for Justice Marc Nadon, the newest appointee to the Supreme Court of Canada. He never did manage to take his seat on the court. But November, if anything, has started off on a worse note."
Posted at 05:34 PM by Howard Bashman


"UVA Law's Laycock to Argue Town of Greece Prayer Case Before Supreme Court": The University of Virginia School of Law issued this news release today.
Posted at 05:27 PM by Howard Bashman


"Federal Judicial Nominations: Skunky D.C. Stats, Justified Ideological Nominations, Vacancies Without Nominees." Russell Wheeler has this post today at the "FixGov" blog of the Brookings Institution.
Posted at 05:10 PM by Howard Bashman


"High court could soon take up new abortion case": Mark Sherman of The Associated Press has this report.
Posted at 04:23 PM by Howard Bashman


"Wages for Donning Safety Gear Debated at U.S. High Court": Greg Stohr of Bloomberg News has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Sandifer v. United States Steel Corp., No. 12-417.
Posted at 03:32 PM by Howard Bashman



"In Memoriam: A Final Blawg Review." This post appears today at "Blawg Review."

Today's final installment of Blawg Review has spawned related posts at "Simple Justice," "Defending People," "The Trial Warrior Blog," "My Law License," "Popehat," "New York Personal Injury Law Blog," "Declarations and Exclusions," "a public defender," "Likelihood of Confusion," "Charon QC," and "Infamy or Praise."
Posted at 03:14 PM by Howard Bashman



"BP tells 5th Circuit to throw out private oil spill settlement if business claims rules aren't fixed": The Times-Picayune of New Orleans has this news update.

Bloomberg News reports that "BP Spill Settlement Objectors Seek to Overturn Approval."

And The Associated Press reports that "Court hears arguments on BP oil spill settlement."

You can access the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit via this link (30.6 MB Windows Media audio file).
Posted at 02:54 PM by Howard Bashman



"Texas abortion providers ask Supreme Court to intervene": Chuck Lindell of The Austin American-Statesman has this news update.
Posted at 01:36 PM by Howard Bashman


"Justices Decide Not to Hear Oklahoma Abortion Case": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court lets stand Oklahoma court ruling against part of new abortion law."

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court preserves Oklahoma ruling against abortion-drug limits."

Jess Bravin of The Wall Street Journal has a news update headlined "Supreme Court Dismisses Oklahoma Abortion Case; State-Level Fights Continue as Texas Appeal Reaches Justices."

Richard Wolf of USA Today has a news update headlined "Justices won't hear Okla. appeal on medical abortions; Decision comes after state Supreme Court ruled that the law, passed in 2011 but later struck down in court, would have banned all medical abortions."

The Tulsa World has a news update headlined "High court ends Oklahoma bid to limit drug abortions."

Bill Mears of CNN.com reports that "Justices dismiss state law restricting medical abortions."

And at "The BLT: The Blog of Legal Times," Marcia Coyle has a post titled "Justices End Oklahoma Abortion Law Appeal."
Posted at 01:32 PM by Howard Bashman



"High Court sets date for same-sex marriage challenge": The Sydney Morning Herald has this news update.

The Canberra Times has a news update headlined "High Court sets date for same-sex marriage hearing."

The Guardian (UK) reports that "High court to hear challenge to ACT same sex marriage laws in December; Chief justice says states will be interested whether the Commonwealth has sole powers to regulate marriage."

And The Christian Science Monitor has an article headlined "Same-sex marriage legalization in one Australian district may be short-lived; The federal government is challenging a bill in Australian Capital Territory that legalizes same-sex marriage, contending that it violates the federal Marriage Act."
Posted at 12:20 PM by Howard Bashman



"The Difference Between Conservative and Liberal Justices": Law professor Geoffrey R. Stone has this blog entry online at The Huffington Post.
Posted at 12:16 PM by Howard Bashman


"Justice Prevails: A conversation with Ruth Bader Ginsburg '54." Beth Saulnier has this article as the cover story of the November/December 2013 issue of Cornell Alumni Magazine.
Posted at 12:14 PM by Howard Bashman


"Texas Health Care Providers Take Fight Against Unconstitutional Law to U.S. Supreme Court": A news release that arrived via email several minutes ago from Planned Parenthood Federation of America begins:
Following a decision from the U.S. Court of Appeals for the Fifth Circuit that allowed the immediate enforcement of a state law blocking women from getting services from one-third of abortion providers in the state, reproductive health care providers have taken their case to the U.S. Supreme Court. Today the women's health care providers who jointly filed suit last month on behalf of their patients have filed an emergency application with the U.S. Supreme Court to reinstate an injunction granted by U.S. District Judge Lee Yeakel on October 28 blocking a Texas provision requiring doctors who provide abortions to obtain admitting privileges at a local hospital -- a requirement that leading medical associations oppose and only results in women losing access to safe medical care.
You can access the full press release at this link. And the stay application itself can be viewed via this link.
Posted at 09:46 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 did not grant review in any new cases.

The Court issued a per curiam summary reversal of the U.S. Court of Appeals for the Ninth Circuit in Stanton v. Sims, No. 12-1217.

And Chief Justice John G. Roberts, Jr. issued a statement respecting the denial of certiorari in Marek v. Lane, No. 13-136.

In early news coverage, Greg Stohr of Bloomberg News reports that "Abortion Case Dropped as High Court Leaves Law Voided" and "Firearm Ban After Assault Left Intact by U.S. High Court."

Lawrence Hurley of Reuters reports that "U.S. Supreme Court dismisses Oklahoma abortion pill case" and "U.S. justices decline to review Facebook 'Beacon' settlement."

The Associated Press reports that "High court ends Okla. bid to limit drug abortions."

And at "SCOTUSblog" Lyle Denniston has a post titled "Court won't rule on RU-486 abortion."
Posted at 09:34 AM by Howard Bashman



"Does Jesus Belong at Town Council Meetings? The High Court ponders a case where local clergy encourage citizens to approach the local government on bended knee." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 09:10 AM by Howard Bashman


"Appeals Court Offers a Golden Opportunity on Stop and Frisk": Paul M. Barrett of Bloomberg Businessweek has this essay today.
Posted at 09:04 AM by Howard Bashman


"Judge Williams was model of professionalism and for living; her funeral is today at 11": This editorial appears today in The Times and Democrat of Orangeburg, South Carolina.

This post from yesterday links to related news coverage.
Posted at 09:03 AM by Howard Bashman



Sunday, November 3, 2013

"Appeals court to review approval of BP settlement": The Associated Press has this report.
Posted at 10:36 PM by Howard Bashman


"A Prayer in the Town Hall": Monday's edition of The New York Times will contain this editorial.
Posted at 09:54 PM by Howard Bashman


"The Appearance of Impartiality": This "Room for Debate" discussion appears online tonight at The New York Times.
Posted at 09:42 PM by Howard Bashman


"Disgraced ex-journalist Stephen Glass seeks right to be California lawyer": Howard Mintz will have this article in Monday's edition of The San Jose Mercury News.
Posted at 08:56 PM by Howard Bashman


"Justices weigh chemical weapons case of a woman scorned; A lurid affair; An act of vengeance; Chemical weapons; Video surveillance: This case has it all." Richard Wolf will have this article in Monday's edition of USA Today.
Posted at 07:54 PM by Howard Bashman


"Supreme Court to hear case on separating church and state; Justices will consider whether to let city councils open their meetings with explicitly Christian prayers": David G. Savage has this article today in The Los Angeles Times.

And today's edition of The Arizona Republic contains an article headlined "Prayer before public meetings divisive topic among Arizonans; U.S. Supreme Court to weigh issue this week."
Posted at 07:52 PM by Howard Bashman



"Race-Based Lawyering Misfires at Supreme Court": Kenneth Jost has this post today at his blog, "Jost On Justice."
Posted at 05:09 PM by Howard Bashman


"Does Supreme Court case have a prayer? Stay tuned." Michael Doyle of McClatchy Washington Bureau has this report today.
Posted at 03:17 PM by Howard Bashman


"Carol Bond case showcases government run amok": Columnist George F. Will of The Washington Post has this op-ed.
Posted at 03:16 PM by Howard Bashman


"Judge Karen Williams of Orangeburg dies; Orangeburg native made history as 1st woman on U.S. 4th Circuit Court": This front page article appears today in The Times and Democrat of Orangeburg, South Carolina.

And today's edition of The State of Columbia, South Carolina contains an article headlined "Former federal judge Karen Williams dies; was a native of Orangeburg."

As noted in posts from July 2009 that you can access here and here, then-Fourth Circuit Chief Judge Karen J. Williams took early retirement from her judicial position due to early-onset Alzheimers.
Posted at 03:14 PM by Howard Bashman



"A cheap shot": Today at his blog, "Hercules and the Umpire," Senior U.S. District Judge Richard G. Kopf has a post that begins, "Yesterday, I asked: What do you think about the Second Circuit's removal of Judge Shira Scheindlin? Today, I will provide the short version of my views."
Posted at 03:02 PM by Howard Bashman


Lyle Denniston of "SCOTUSblog" is reporting: He has posts titled "Argument preview: Prayer's role in government" and "U.S. newly defends race as college plus factor."
Posted at 10:18 AM by Howard Bashman


Saturday, November 2, 2013

"Argument preview: New look at old precedent." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 10:42 PM by Howard Bashman


"Atheist to get her day at the Supreme Court": Bill Mears of CNN.com has this blog post.

The Patriot-News of Harrisburg, Pennsylvania reports that "Prayer at public meetings is tradition in some municipalities."

And online at The American Prospect, Amelia Thomson-DeVeaux has an article headlined "Just Like a Prayer? A new Supreme Court case could throw out a decades-old protection against government-sponsored religious speech."
Posted at 10:38 PM by Howard Bashman



"Why is S.C. Supreme Court not following law on timely court decisions?" Charleston City Paper has this report.
Posted at 10:33 PM by Howard Bashman


"Emboldened, gay marriage activists eye 50 states; Same-sex couples file more lawsuits, and more public officials defy gay marriage bans after Supreme Court's ruling on DOMA": USA Today has this report.
Posted at 10:30 PM by Howard Bashman


"The U.S. Needs a Constitution -- Here's How to Write It; Let's face it: What worked well 224 years ago is no longer the best we can do." Alex Seitz-Wald has this essay online today at The Atlantic.
Posted at 01:08 PM by Howard Bashman


"Supreme Court to hear new case on religion in public life": Robert Barnes has this front page article today in The Washington Post.
Posted at 01:02 PM by Howard Bashman


Friday, November 1, 2013

"Dear President Obama, This Is Why Judges Matter: Two Bush appointees deliver body blows to reproductive rights -- and demonstrate the power of the bench.
" Emily Bazelon and Dahlia Lithwick have this jurisprudence essay online at Slate.
Posted at 10:54 PM by Howard Bashman


"Bring Back the Guillotine: Lethal injection is the wrong way to do capital punishment; Severing the head is the better way to go." John Kruzel has this jurisprudence essay online at Slate.
Posted at 10:50 PM by Howard Bashman


"Next step in stop-frisk depends on new NYC mayor": The Associated Press has this report.

And Reuters has a report headlined "New York's de Blasio would drop stop-and-frisk appeal: source."
Posted at 10:12 PM by Howard Bashman



"The Fight to Criminalize Early-Term Abortions: New rulings in Texas and Oklahoma could challenge the last remnant of Roe v. Wade." Dahlia Lithwick has this essay online at Slate.
Posted at 10:08 PM by Howard Bashman


"Shut Up, Judge! A misguided appeals court tries to silence -- and quash -- stop-and-frisk Judge Shira Scheindlin." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 10:06 PM by Howard Bashman


"Fan injured by hot dog suing Kan. City Royals": The Associated Press has this report.

My earlier coverage of the case can be accessed here.
Posted at 08:14 PM by Howard Bashman



"After Court Ruling, 9 Abortion Providers End Services": The Texas Tribune has this report.
Posted at 07:48 PM by Howard Bashman


"Obama administration again backs University of Texas in affirmative action case": Josh Gerstein of Politico.com has this blog post.
Posted at 07:44 PM by Howard Bashman


"Chief's chance to finish reforms": Today's edition of The Philadelphia Inquirer contains an editorial that begins, "Chief Justice Ronald D. Castille hasn't had the luxury of ignoring the state's most troubled courts. He presides over one of them."

One week ago today, columnist Stu Bykofsky had an op-ed in The Philadelphia Daily News titled "Supreme choice."

On October 22, 2013, The Patriot-News of Harrisburg, Pennsylvania posted online an essay written by Matt Birkbeck titled "Chief Justice Castille still has some explaining to do."

And in news coverage, in last Saturday's edition of The Pittsburgh Post-Gazette, Paula Reed Ward and Timothy McNulty had an article headlined "Pa. judges worrying shutdown may imperil re-election chances."
Posted at 01:45 PM by Howard Bashman



"Sandusky asks Pa. high court to take his case": The Associated Press has this report.
Posted at 01:38 PM by Howard Bashman


"D.C. appeals court backs challenge to Obamacare contraception mandate": The Washington Times has this news update.

The Associated Press reports that "Appeals court deals blow to contraceptive mandate."

The Hill has a blog post titled "Court strikes down mandate for birth control in ObamaCare."

At "The BLT: The Blog of Legal Times," Zoe Tillman has a post titled "D.C. Circuit: Contraceptive Mandate Violates Religious Freedom."

And at "SCOTUSblog," Lyle Denniston has a post titled "A split ruling on birth-control mandate."

My earlier coverage of today's D.C. Circuit ruling appears at this link.
Posted at 01:32 PM by Howard Bashman



"Texas Women's Clinics Cease Abortions Under Court Ruling": Bloomberg News has this report.
Posted at 01:15 PM by Howard Bashman


Divided three-judge D.C. Circuit panel rules that the contraceptive mandate imposed by the Affordable Care Act trammels the right of free exercise as protected by the Religious Freedom Restoration Act: You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.

Circuit Judge Janice Rogers Brown delivered the opinion of the Court. Senior Circuit Judge A. Raymond Randolph concurred in part and concurred in the judgment. And Senior Circuit Judge Harry T. Edwards issued an opinion concurring in part but dissenting from the overall outcome of today's ruling.
Posted at 10:35 AM by Howard Bashman



"Legislative leaders consider not writing gay marriage into N.J. law, for now at least": The Newark Star-Ledger has this report.
Posted at 10:32 AM by Howard Bashman


"Obama tilts federal judiciary back toward Democrats; Nation's appeals and district courts, long dominated by Republican appointees, are evenly split as the GOP seeks to slow or block Obama's agenda": In today's edition of USA Today, Richard Wolf has this front page article.
Posted at 10:11 AM by Howard Bashman


"National groups send a prayer to the Supreme Court": Lawrence Hurley of Reuters has a report that begins, "Bankrolled by powerful outside interests, what began as a dispute aired in the pages of a town's local newspaper next week moves to the U.S. Supreme Court where justices could potentially roll back legal precedents that limit the role of religion in public life."

And Religion News Service reports that "Supreme Court to consider religious prayer at government meetings."
Posted at 10:07 AM by Howard Bashman



"Wife Poisoning Husband's Lover Tests Weapons Law at High Court": Greg Stohr of Bloomberg News has this report.
Posted at 10:03 AM by Howard Bashman






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