How Appealing

Tuesday, December 31, 2013

"Justice delays health law's birth control mandate": Jesse J. Holland of The Associated Press has this updated report.

I have posted online at this link the order that Justice Sonia Sotomayor issued tonight.
Posted at 10:20 PM by Howard Bashman



"Catholic groups ask court to halt health care law": Jesse J. Holland of The Associated Press has this report.
Posted at 08:26 PM by Howard Bashman


"Budget Cuts Imperil Speed and Safety of Court System, Roberts Says": Adam Liptak will have this article in Wednesday's edition of The New York Times.

Robert Barnes of The Washington Post reports that "Chief Justice John Roberts warns of a not-so-wonderful life for judiciary amid budget cuts."

David G. Savage of The Los Angeles Times reports that "Budget cuts harming federal courts, Chief Justice Roberts warns."

Richard Wolf of USA Today reports that "Chief justice warns Congress on federal court cutbacks; John Roberts uses year-end report to warn that cutbacks will have serious consequences."

Jesse J. Holland of The Associated Press reports that "Roberts renews call for court funding."

Lawrence Hurley of Reuters reports that "U.S. chief justice calls for end to judiciary funding cuts."

Laurie Asseo of Bloomberg News reports that "Roberts Seeks to Boost Some Judiciary Spending After Cuts."

And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Roberts Warns of Impact of Budget Cuts on Judiciary."

You can access at this link the Chief Justice's 2013 Year-End Report on the Federal Judiciary.
Posted at 08:22 PM by Howard Bashman



"Utah Asks Highest Court To Suspend Gay Marriage": Jack Healy of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Utah asks Supreme Court to stay decision on same-sex marriage."

David G. Savage of The Los Angeles Times has a news update headlined "Utah asks Supreme Court to restore gay marriage ban."

Brooke Adams of The Salt Lake Tribune has a news update headlined "Utah takes next step in effort to stop same-sex marriage; State filed stay application with U.S. Supreme Court Tuesday afternoon."

And The Deseret News has an update headlined "Gay marriages are 'affront' to Utah, state argues in appeal to high court."
Posted at 08:12 PM by Howard Bashman



Majority on divided three-judge D.C. Circuit panel grants contraceptive mandate-related injunction pending appeal: You can access today's order of the U.S. Court of Appeals for the D.C. Circuit, and the dissent therefrom, at this link.

According to the dissent of Circuit Judge David S. Tatel, the case challenges the Affordable Care Act's requirement that certain religious organizations "self certify" their religious objections to the provision of contraceptive services as imposing a "substantial burden" under the Religious Freedom Restoration Act.

The "Religion Clause" blog recently had this post reporting on a similar case pending in Colorado federal court in which a stay request is likely to be filed in the U.S. Supreme Court in the very near future.

Update: The stay request filed tonight in the U.S. Supreme Court in the Colorado case can be accessed here.

And the majority on a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit tonight also granted an injunction pending appeal in a similar contraceptive mandate challenge.
Posted at 05:44 PM by Howard Bashman



"Utah asks Supreme Court to block same-sex unions": The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Utah seeks delay of same-sex marriages."

You can access the stay application at this link (via Michelle Olsen's Twitter feed).
Posted at 04:38 PM by Howard Bashman



"Federal judge upholds New York's ban on assault weapons, rejects 7-round magazine limit": The Buffalo News has this update.

And The New York Times has a news update headlined "Federal Judge Upholds Majority of New York Gun Law."

I have posted online at this link today's ruling (plus attachments) of the U.S. District Court for the Western District of New York.
Posted at 03:00 PM by Howard Bashman



Supreme Court of California announces that it will issue its decision Thursday on the case of an undocumented immigrant seeking admission to the State Bar of California: You can access the Notice of Forthcoming Filing at this link. The court's ruling will be available online via this link at 10 a.m. pacific time on Thursday, January 2, 2014.
Posted at 02:57 PM by Howard Bashman


"NY suit challenging laptop searches tossed": The Associated Press has a report that begins, "A Brooklyn judge has thrown out a lawsuit by a press photographers organization and others challenging searches of laptop computers at U.S. borders."

You can access today's ruling of the U.S. District Court for the Eastern District of New York at this link.

In response to the ruling, the ACLU issued a news release headlined "Court Rules No Suspicion Needed for Laptop Searches at Border."

Update: In other coverage, at Wired.com's "Threat Level" blog, David Kravets has a post titled "Court Upholds Willy-Nilly Gadget Searches Along U.S. Border."
Posted at 02:23 PM by Howard Bashman



"Closing Shop": Law professor Kyle Graham has this post today at his now-former blog, "noncuratlex.com."
Posted at 02:03 PM by Howard Bashman


"Cheerleaders' scripture banner fight could escalate to Texas Supreme Court": The Beaumont Enterprise has this report today.
Posted at 01:28 PM by Howard Bashman


"Sotomayor Will Count Down to New Year in Times Square": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 01:20 PM by Howard Bashman


"The Supreme Court Logic That Could Destroy Privacy in America: It's dangerous for courts to continue adhering to Smith v. Maryland, a decision that was made before the advent of big data." Conor Friedersdorf has this essay online at The Atlantic.

And in somewhat related news, "Dangerous" from Big Data continues its climb up the alternative charts.
Posted at 09:44 AM by Howard Bashman



"Pink Pony case heads to Supreme Court": The Dunwoody (Ga.) Crier has this report today.
Posted at 09:40 AM by Howard Bashman


"D.A. to appeal Superior Court decision to free Msgr. Lynn on bail": This article appears today in The Philadelphia Daily News.

And The Philadelphia Inquirer reports today that "Judge orders Lynn freed on bail."
Posted at 09:37 AM by Howard Bashman



"The Biggest Law Stories of 2013: Ten decisions and developments that rocked the legal community this year." Andrew Cohen has this essay online at Politico Magazine.
Posted at 09:25 AM by Howard Bashman


Monday, December 30, 2013

"New Utah AG says costs of defending same-sex marriage ban worth it; Founder of Marriage Law Foundation assisting state in appeal and stay filing, which is expected Tuesday": Brooke Adams of The Salt Lake Tribune has this news update.

And The Deseret News has an update headlined "Attorney General Sean Reyes takes oath, poised to appeal gay marriage ruling."
Posted at 10:18 PM by Howard Bashman



"The Strangely Sexless Sex Work Decision": Marcus McCann has this post today at the "Impact Ethics" blog.
Posted at 09:50 PM by Howard Bashman


"ACLU sues for details of U.S. surveillance under executive order": Nate Raymond of Reuters has this report.

And The Associated Press reports that "ACLU sues government over international calls."

Alex Abdo of the ACLU has a blog post titled "The Most Important Surveillance Order We Know Almost Nothing About" that links to the complaint initiating suit.
Posted at 09:44 PM by Howard Bashman



"Jurist Prudence? Candid Judges Speak Out; Critics Question Wisdom of Justices Who Take Their Opinions Beyond the Courtroom; Dishing on a Blog and in a Book." Joe Palazzolo will have this article in Tuesday's edition of The Wall Street Journal.
Posted at 09:23 PM by Howard Bashman


"[T]he most surprising feature of the entire episode is the exceptional lenity with which a state university (in a state that does not allow medicinal, let alone recreational, use of marijuana) treated a brazen violator of its rules of conduct and of the criminal law." So writes Circuit Judge Richard A. Posner on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit in an opinion issued today.
Posted at 09:18 PM by Howard Bashman


"Supreme Court To Take Up Campaign Finance, Abortion Protests In 2014": This audio segment featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 09:04 PM by Howard Bashman


"Justice Alito's slam at Vaughn Walker for Prop. 8 ruling": Bob Egelko has this blog post online today at The San Francisco Chronicle.
Posted at 09:02 PM by Howard Bashman


"Utah's Gay-Marriage 'Emergency'": Richard Socarides has this blog post online today at The New Yorker.
Posted at 08:57 PM by Howard Bashman


"10th Circuit sets 'expedited' schedule for appeal of Amendment 3; Appellate attorney predicts resolution could be reached by spring": The Deseret News has this update.

And Robert Gehrke of The Salt Lake Tribune has a news update headlined "Reyes tackles tall tasks as Utah's new attorney general; He has to clean up after Swallow and lead Utah's fight against same-sex marriage."
Posted at 08:14 PM by Howard Bashman



"Obama Trails Bush in Shaping Federal Judiciary": Todd Ruger has this post today at "The BLT: The Blog of Legal Times."
Posted at 05:36 PM by Howard Bashman


"Gov. Herbert has not signed off on $2 million price tag to defend Amendment 3": This article appears today in The Deseret News.

And today's edition of The Salt Lake Tribune contains a front page article headlined "Parents of newlywed same-sex couples share joy, pride; Many parents doubted they would ever see their LGBT children get married in their home state." The Tribune also has a news update headlined "Another Utah amendment on marriage coming; Proposes to ensure churches need not participate in marriages that violate their views."
Posted at 03:27 PM by Howard Bashman



"The NSA's Metadata Program Is Perfectly Constitutional; Judge William Pauley, not Judge Richard Leon, got it right": Law professor Eric Posner has this essay online today at Slate.
Posted at 03:21 PM by Howard Bashman


"What You Need to Know about the Third-Party Doctrine; And what it will likely mean as the NSA lawsuits work their way through the courts": John Villasenor has this essay online today at The Atlantic.
Posted at 03:20 PM by Howard Bashman


In the January 2014 issue of ABA Journal magazine: Mark Walsh has an article headlined "SCOTUS ponders whether the president can make appointments while Congress is out."

Steven Seidenberg has an article headlined "With the Supreme Court's OK, states begin imposing new laws to limit the vote."

David L. Hudson Jr. has an article headlined "1st Amendment at issue in ban on gay-conversion therapy for minors."

Susan A. Berson's cover story, headlined "Road to retirement: Ways to make retirement anything but resignation," begins, "Deanell Reece Tacha has the characteristic enthusiasm of a 3L."

Richard Acello has an article headlined "How two California solos helped take down 'porn troll' Prenda Law."

And the new installment of Bryan A. Garner's "On Words" column is headlined "4 vignettes lead to a single moral about writing better briefs."
Posted at 03:14 PM by Howard Bashman



"Bobbleheads honor Supreme Court justices": Jessica Gresko of The Associated Press has this report.
Posted at 01:42 PM by Howard Bashman


"Judicial Nominations and Confirmations: Fact and Fiction." Russell Wheeler has this year-end report online today at The Brookings Institution.
Posted at 11:55 AM by Howard Bashman


"Laws Deserve More Than Cute Names": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 11:54 AM by Howard Bashman


"Trial Lawyers Put Whirlpool Through the Wringer: The Supreme Court has a chance to bring more clarity to class actions." John Engler has this op-ed today in The Wall Street Journal.
Posted at 10:38 AM by Howard Bashman


Sunday, December 29, 2013

"Contrasting rulings could take the NSA to the Supreme Court": This video segment featuring Adam Liptak appeared on today's broadcast of The PBS NewsHour Weekend.
Posted at 10:28 PM by Howard Bashman


"Utah Ruling on Marriage Puts Judge in Spotlight": Jack Healy will have this article in Monday's edition of The New York Times.
Posted at 09:42 PM by Howard Bashman


"Scalia finds his predictions on same-sex-marriage ruling being borne out": Robert Barnes will have this new installment of his "The High Court" column in Monday's edition of The Washington Post.

And at "SCOTUSblog," Lyle Denniston has a post titled "Analysis: Utah's options on same-sex marriage."
Posted at 09:12 PM by Howard Bashman



"Sotomayor to Lead Countdown to New Year in Times Square": This article will appear in Monday's edition of The New York Times.
Posted at 08:07 PM by Howard Bashman


"Ted Cruz unapologetic for confrontational first year in the Senate": Todd J. Gillman has this front page article in today's edition of The Dallas Morning News. Gillman also has a related article headlined "Ted Cruz says he's hired lawyers to renounce Canadian citizenship."

And The Guardian (UK) reports that "Ted Cruz 'taking steps' to renounce Canadian citizenship; Texas senator announced he was hiring lawyers to help extricate him from his apparently unhelpful surplus nationality."
Posted at 05:36 PM by Howard Bashman



"Don't ignore the Brady rule: Evidence must be shared; A respected judge warns of an epidemic of violations of the so-called Brady rule, which holds that prosecutors must turn over evidence favorable to the accused." This editorial appears today in The Los Angeles Times.
Posted at 04:38 PM by Howard Bashman


"Scholars: With marriage, tradition has changed over time; As Utah tries to stay same-sex unions ruling, historians say marriage has evolved in response to social need, ethics." Brooke Adams has this front page article today in The Salt Lake Tribune.

And yesterday's newspaper reported that "Lawmakers look at more outside help for attorney general; Big-case losses, missteps, Swallow resignation raise concerns."
Posted at 02:00 PM by Howard Bashman



"A Game-Changing Year for Gay Rights, From the Supreme Court to the Soccer Field": Anja Crowder of ABC News has this blog post.
Posted at 01:33 PM by Howard Bashman


"New York's Artists Take Their Case to the Supreme Court": Newsweek has this report.
Posted at 01:30 PM by Howard Bashman


"Abortion clinic buffer zones' fate in hands of high court": This front page article appears today in The Boston Globe.
Posted at 01:27 PM by Howard Bashman


"Snowden lawyer: Supreme Court must weigh in on NSA." The Hill has this blog post.
Posted at 01:25 PM by Howard Bashman


"Justice Sotomayor to helm Times Square ball drop": The Associated Press has this report.
Posted at 01:24 PM by Howard Bashman


"Abortion Rights Groups Say It's Time To Stop Playing Defense": This audio segment appeared on today's edition of NPR's "Weekend Edition Sunday."
Posted at 01:03 PM by Howard Bashman


"Under the U.S. Supreme Court: Same-sex marriage rolls." Michael Kirkland of UPI has this report.
Posted at 10:06 AM by Howard Bashman


Saturday, December 28, 2013

"DC Circuit Denies Preliminary Injunction To Non-Liturgical Navy Chaplains Challenging Promotion Procedures": Howard Friedman has this post tonight at his "Religion Clause" blog reporting on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued yesterday.
Posted at 11:20 PM by Howard Bashman


"Nevada Supreme Court incumbents usually draw no opponents": The Las Vegas Review-Journal has this report.
Posted at 05:32 PM by Howard Bashman


"Pa. priest case could affect Penn State trial": The Associated Press has a report that begins, "A legal ruling reversing the landmark conviction of a Roman Catholic priest might have implications for the criminal case against three former Penn State administrators."
Posted at 04:18 PM by Howard Bashman


"When Does Technology Change Enough That the Law Should Too? Today's lower court ruling deferred to the Supreme Court's 1979 decision, Smith v. Maryland; Should that case still matter?" Rebecca J. Rosen has this essay online at The Atlantic.
Posted at 03:26 PM by Howard Bashman


"Judge Upholds N.S.A.'s Bulk Collection of Data on Calls": Adam Liptak and Michael S. Schmidt have this article today in The New York Times.

In today's edition of The Wall Street Journal, Jennifer Smith and Jacob Gershman have an article headlined "Judge Backs the NSA's Surveillance; Ruling on U.S. Phone Data Contradicts Recent Decision, Boosting Likelihood of Supreme Court Review."

The Washington Post reports that "NSA collection of phone data is lawful, federal judge rules."

The Los Angeles Times reports that "Federal judge says NSA phone data collection is constitutional; A federal judge says the National Security Agency's mass collection of telephone data is legal, contradicting another judge and setting the stage for a possible Supreme Court showdown."

Yesterday evening's broadcast of "All Things Considered" contained an audio segment titled "U.S. Judge Says NSA Phone Data Program Is Legal, Valuable."

At Wired.com's "Threat Level" blog, David Kravets has a post titled "Judge Rules NSA Bulk Telephone Metadata Spying Is Lawful."

And at "SCOTUSblog," Lyle Denniston has a post titled "Judge upholds NSA's phone data sweeps."
Posted at 03:20 PM by Howard Bashman



Friday, December 27, 2013

"Google Loses Bid for Wiretap Suit Appeals Court Rehearing": Bloomberg News has this report on an amended ruling that a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 10:07 PM by Howard Bashman


"Is the NSA's Spying Constitutional? It Depends Which Judge You Ask; Two recent rulings draw diametrically opposed conclusions about the same set of facts." Andrew Cohen has this essay online at The Atlantic.
Posted at 03:30 PM by Howard Bashman


"N.S.A. Phone Surveillance Is Lawful, Federal Judge Rules": The New York Times has this news update.

You can access today's ruling of the U.S. District Court for the Southern District of New York at this link.

Update: In other coverage, The Associated Press reports that "NY judge rules NSA phone surveillance is legal."

Jonathan Stempel of Reuters reports that "U.S. judge upholds NSA phone surveillance program."

And Bloomberg News reports that "NSA Call Data Program Ruled Lawful in ACLU Case."
Posted at 12:10 PM by Howard Bashman



"Psychologist found accused Sept. 11 plotter to be mentally incompetent in 2009": The Washington Post has this report.
Posted at 08:44 AM by Howard Bashman


"Incoming Utah Attorney General Announces That He Will Appeal Sister Wives Ruling": Law professor Jonathan Turley has this post today at his blog.
Posted at 08:12 AM by Howard Bashman


Thursday, December 26, 2013

"BP reserves right to appeal ruling allowing business claims without proof of oil spill losses": The Times-Picayune of New Orleans has this report.

And Bloomberg News reports that "BP Appeals Order Victims Needn't Prove Spill Losses."
Posted at 11:50 PM by Howard Bashman



"Oklahoma Supreme Court flexes its muscles in 2013: An overview of the influential decisions made in 2013 by Oklahoma courts." The Oklahoman has this report.
Posted at 11:47 PM by Howard Bashman


"What major decisions lie ahead for the Supreme Court in 2014?" This interview with Marcia Coyle appears online today at "The Rundown" blog of The PBS NewsHour.
Posted at 11:46 PM by Howard Bashman


"Minnesota Supreme Court agrees to hear assisted suicide case; At heart of Final Exit debate is Minnesota law against promoting suicide vs. the freedom of speech": The Minneapolis Star Tribune has this report.
Posted at 11:45 PM by Howard Bashman


"The Constitution in 2014: Abortion law in front of Supreme Court." Lyle Denniston has this blog post, the second in a five-part series, online today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 11:44 PM by Howard Bashman


"Utah Ruling Means No Respite for the Supreme Court on Same-Sex Marriage": Adam Liptak will have this front page article in Friday's edition of The New York Times.

Brooke Adams of The Salt Lake Tribune has a news update headlined "Utah seeks outside help in request for gay-marriage stay at U.S. Supreme Court; Attorney general's office to file by Monday."

The Deseret News has an update headlined "Utah's request delayed for stay on same-sex marriage ruling from Supreme Court."

Bloomberg News reports that "Utah Will Ask U.S. Supreme Court to Block Gay Marriage."

And CNN.com reports that "Utah to appeal same-sex marriage ruling to U.S. Supreme Court."
Posted at 11:35 PM by Howard Bashman



"Court Backs Making More Losers Pay Patent Lawsuit Costs": Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.
Posted at 11:08 PM by Howard Bashman


"Deracinating the Evidence, in the Language of the Courts": Dilip D'Souza has this post at the "India Ink" blog of the International New York Times.
Posted at 11:05 PM by Howard Bashman


"Gaming Gay Marriage at the Supreme Court": Mark Joseph Stern has this blog post online today at Slate.

And The Guardian (UK) reports that "Utah to appeal same-sex marriage case to US supreme court; State officials announce appeal plans in their continued attempts to undo the legalization of same-sex marriage in the state."
Posted at 11:02 PM by Howard Bashman



"Philadelphia court overturns priest's conviction in sex cover-up": Reuters has this report.

The Associated Press reports that "Pa. court reverses church official's conviction."

Tamara Audi of The Wall Street Journal reports that "Court Reverses Philadelphia Monsignor's Conviction; Decision Dismisses Criminal Case Against Msgr. Lynn."

And The Philadelphia Inquirer has a news update headlined "Lynn ruling elates supporters, deflates victim advocates."

You can access today's ruling of the Superior Court of Pennsylvania at this link.
Posted at 11:00 PM by Howard Bashman



"Why They Mattered: Aaron Swartz, 1986-2013." Law professor Lawrence Lessig has this essay in the current issue of Politico Magazine.
Posted at 01:33 PM by Howard Bashman


"Senate's 'nuclear option' won't help clear backlog of Texas judicial vacancies": Todd J. Gillman had this article in Tuesday's edition of The Dallas Morning News.
Posted at 01:30 PM by Howard Bashman


Judge Posner on sealing settlement agreements on appeal: Seventh Circuit Judge Richard A. Posner issued this ruling today.
Posted at 01:26 PM by Howard Bashman


Wednesday, December 25, 2013

"A Work Still in Progress": Linda Greenhouse has this essay online at The New York Times.
Posted at 11:42 PM by Howard Bashman


"Mass. SJC bars no-parole life terms for youths; Says brains of juveniles not yet fully developed": Today's edition of The Boston Globe contains a front page article that begins, "The state's highest court struck down life sentences without parole for juveniles on Tuesday, saying scientific research shows that lifelong imprisonment for youths is cruel and unusual because their brains are 'not fully developed.'"

The Boston Herald reports that "Teen killers could walk; Ruling makes some eligible for parole."

And WBUR Radio has an audio segment titled "In Juvenile Parole Ruling, Mass. High Court Goes Step Beyond US Supreme Court."

On Tuesday, the Supreme Judicial Court of Massachusetts issued two separate related rulings on this issue, which you can access here and here.
Posted at 08:57 PM by Howard Bashman



"Gay marriage's latest frontier: state courts." Brady McCombs and Mark Sherman of The Associated Press have this report.
Posted at 08:52 PM by Howard Bashman


"Utah marriage case on way to the Court": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 10:48 AM by Howard Bashman


"Warrantless Search of Hotel Records Unconstitutional": At her "Trial Insider" blog, Pamela A. MacLean has this post reporting on an 11-judge en banc ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 10:33 AM by Howard Bashman


"Appeals Court Refuses to Halt Same-Sex Marriages in Utah": This article appears today in The New York Times.

The newspaper also contains a front page article headlined "Indiana Finds It's Not So Easy to Buck Gay Marriage Trend."
Posted at 10:24 AM by Howard Bashman



"Amended Reply Brief in United States v. Auernheimer": Orin Kerr has this post at "The Volokh Conspiracy."
Posted at 10:22 AM by Howard Bashman


Tuesday, December 24, 2013

"BP Loses Bid to Require Proof of Losses in Spill Accord": Jef Feeley and Laurel Brubaker Calkins of Bloomberg News have a report that begins, "BP Plc lost a bid to require businesses to provide proof their economic losses were caused by the 2010 Gulf of Mexico oil spill under a $9.2 billion settlement over the disaster."

The Times-Picayune of New Orleans reports that "Some business claimants shouldn't be required to prove damage from the BP oil spill, judge rules."

Jonathan Stempel of Reuters reports that "Court rejects BP bid to require proof of Gulf oil spill losses."

And The Associated Press reports that "Judge rules against BP in spill-settlement dispute."

I have posted online at this link today's ruling of the U.S. District Court for the Eastern District of Louisiana.
Posted at 07:44 PM by Howard Bashman



"Having considered the district court's decision and the parties' arguments concerning the stay factors, we conclude that a stay is not warranted." A two-judge panel of the U.S. Court of Appeals for the Tenth Circuit this evening issued an order denying the State of Utah's motion for an emergency stay of a federal district judge's recent decision allowing same-sex marriage in that state. The panel did, however, direct the clerk of court to issue an expedited appellate briefing schedule.

In early news coverage, The Salt Lake Tribune reports that "10th Circuit Court denies same-sex marriage stay; Court ruling gives OK for gays to keep getting marriage licenses in Utah."

And The Associated Press has a report headlined "Federal court: No halt to gay marriages in Utah."
Posted at 07:28 PM by Howard Bashman



"Same-Sex Marriage, The Legal Deluge": Jeffrey Toobin has this blog post online today at The New Yorker.
Posted at 09:51 AM by Howard Bashman


"New Fair Housing Case Moves Forward.....With Judge Leon": At WSJ.com's "Law Blog," Brent Kendall has this post.
Posted at 09:48 AM by Howard Bashman


"Ohio gay marriage ruling may just be beginning": Amanda Lee Myers of The Associated Press has this report.
Posted at 09:46 AM by Howard Bashman


The Green Bag Almanac & Reader has posted online its 2013 Honorees for Exemplary Legal Writing: You can view the list by clicking here.
Posted at 07:54 AM by Howard Bashman


"Will An Appeals Court Stop Same-Sex Couples In Utah From Marrying On Christmas Eve? With no decision from the 10th Circuit Court of Appeals at the end of the day Monday, more same-sex couples will be heading to clerks' offices Tuesday to get married." Chris Geidner of BuzzFeed has this report.

The Deseret News seeks to answer the question "What comes next for Utah marriage law?" A related article is headlined "About 700 marriage licenses issued in Utah since judge's ruling; 1,500 rally to celebrate unexpected decision that led to gay weddings in Utah."

And The Associated Press reports that "Utah turns to higher court to halt gay marriage."
Posted at 07:51 AM by Howard Bashman



"The Constitution in 2014: The war on terrorism." Lyle Denniston has this post, part one in a five-part series, today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 07:42 AM by Howard Bashman


"Supreme Court's same-sex marriage ruling ripples through lower courts; Gay marriage activists are winning more cases in lower courts since the Supreme Court struck down part of the Defense of Marriage Act": This article appears today in The Los Angeles Times.
Posted at 07:40 AM by Howard Bashman


Monday, December 23, 2013

"Edward Snowden, after months of NSA revelations, says his mission's accomplished": Barton Gellman will have this lengthy article in Tuesday's edition of The Washington Post.
Posted at 11:14 PM by Howard Bashman


"Same-Sex-Marriage Supporters Applaud Ohio and Utah Rulings": This article will appear in Tuesday's edition of The New York Times.
Posted at 11:12 PM by Howard Bashman


"Federal Court Alters Rules on Judge Assignments": In Tuesday's edition of The New York Times, Benjamin Weiser and Joseph Goldstein will have an article that begins, "Following public debate over how a federal judge in Manhattan came to oversee a 2008 lawsuit challenging the city's stop-and-frisk policy, the Federal District Court in Manhattan announced on Monday new rules to make the assignment of cases more random and transparent, and to offer a means for parties to object to assignments."
Posted at 10:28 PM by Howard Bashman


"Obama's Ga. supporters protesting his court nominees; Obama's African American supporters in Georgia are protesting his nominees to federal courts in the state; They say the list of nominees lacks diversity, ask that the process be re-started": USA Today has this report.

And this evening's broadcast of NPR's "All Things Considered" contained an audio segment titled "An Unusual Call To Quash Ga. Judicial Nominees."
Posted at 10:02 PM by Howard Bashman



Remarks by Justice Ruth Bader Ginsburg honoring Justice Elena Kagan on the occasion of the American Association of Jewish Lawyers and Jurists Pursuit of Justice Award, December 16, 2013: Available online at this link.
Posted at 08:57 PM by Howard Bashman


"Judge Richard Arnold's conversations with a 'regular' lawyer about citation to 'unpublished' opinions": Attorney Elaine Mittleman had this guest post yesterday at Senior U.S. District Judge Richard G. Kopf's blog, "Hercules and the Umpire."
Posted at 08:40 PM by Howard Bashman


"Supreme Court Cuts Down Tax Book; List of once-respected sources grows": Tony Mauro of The National Law Journal has this report (registration required).
Posted at 06:25 PM by Howard Bashman


"How Sotomayor undermined Obama's NSA": Adam Serwer has this report online at MSNBC.
Posted at 06:24 PM by Howard Bashman


"Narrow ruling rejects Ohio gay marriage ban": The Cincinnati Enquirer has this news update.

And The Associated Press reports that "Ohio gay marriage ban is rejected in narrow ruling."

I have posted online at this link today's ruling of the U.S. District Court for the Southern District of Ohio.
Posted at 05:35 PM by Howard Bashman



"Judge denies Utah AG's request to halt same-sex marriages; Utah AG's Office files third request for a stay": Marissa Lang and Brooke Adams of The Salt Lake Tribune have this report.

The Deseret News reports that "Judge declines to issue stay in same-sex marriage ruling; Hundreds obtain marriage licenses; attorney says decision leaves Utah in 'chaos.'"

And The New York Times reports that "Judge Allows Same-Sex Weddings to Continue in Utah."
Posted at 05:20 PM by Howard Bashman



"Another GSK Venue Question Sent to Third Circuit": Saranac Hale Spencer has this front page article in today's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.

According to the article, "The plaintiffs in [the first of two cases certified to the U.S. Court of Appeals for the Third Circuit for interlocutory appeal by permission] plan to submit their petition for permission to appeal to the Third Circuit today, according to Howard Bashman, who is representing them for the appeal."

My clients' petition for permission to appeal filed today has now been docketed by the Third Circuit in that case, and you can access a copy at this link.
Posted at 03:45 PM by Howard Bashman



"Supreme Court preview: Recess appointments and Anna Nicole Smith's legacy." Scott Bomboy has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 07:02 AM by Howard Bashman


"After nearly a year, state Supreme Court Justice Loughry loves everything about job": The Charleston (W. Va.) Daily Mail has this report.
Posted at 07:00 AM by Howard Bashman


Sunday, December 22, 2013

"Utah tries again Monday to halt same-sex marriages; Monday hearing set on request to stay ruling as couples line up for licenses": Brooke Adams of The Salt Lake Tribune has this report.
Posted at 11:32 PM by Howard Bashman


"1979 Supreme Court Ruling Becomes Focus Of NSA Tactics": This audio segment appeared on yesterday evening's broadcast of NPR's "All Things Considered."
Posted at 11:30 PM by Howard Bashman


"Central alumna to serve on state Supreme Court": The Daily Herald of Columbia, Tennessee has this report.

And in somewhat related news, The Tennessean reports that "Supreme Court justice Koch to retire in 2014; He'll be dean of Nashville School of Law."
Posted at 11:27 PM by Howard Bashman



"With four justices retiring, control of state Supreme Court could become election issue for next governor": This article appears today in The Miami Herald.
Posted at 11:23 PM by Howard Bashman


"Reach of unanimous ruling extends beyond prostitution issue": Sean Fine of The Toronto Globe and Mail has this article, along with an article headlined "The victor: Terri-Jean Bedford spent 20 years fighting prostitution laws."

The newspaper also contains a related article headlined "The political options: Parliament has a year to respond to prostitution ruling."
Posted at 01:14 PM by Howard Bashman



"White House Tries to Prevent Judge From Ruling on Surveillance Efforts": Charlie Savage and David E. Sanger have this article in today's edition of The New York Times.
Posted at 12:46 PM by Howard Bashman


"In Striking Down Utah's Gay Marriage Ban, Judge Gives Scalia Big Bear Hug": Dylan Scott of TPM DC has this report.

Today's edition of The New York Times contains an article headlined "Gay Couples in Utah, Surprised but Glad, Rush to Marry After Ruling Permits It."

Brooke Adams of The Salt Lake Tribune has an article headlined "After same-sex marriage ruling, Utah seeks to keep status quo; Decision's legal reason has implications for 28 other states as Utah officials seek to stay U.S. judge's motion."

And The Deseret News has an article headlined "Court ruling has created 'chaotic situation,' Utah Gov. Gary Herbert says."
Posted at 12:44 PM by Howard Bashman



"Under the U.S. Supreme Court: At year's end: Fasten your Supreme Court seat belt, bumpy ride ahead." Michael Kirkland of UPI has this report.
Posted at 12:38 PM by Howard Bashman


Saturday, December 21, 2013

"Another GSK Venue Question Sent to Third Circuit": In Monday's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers, Saranac Hale Spencer will have this article, in which I am quoted, about an appellate matter on which I am currently working.
Posted at 12:36 PM by Howard Bashman


In Bashman news from Australia: With apologies for the recent lull in such coverage, the Australian Associated Press reports today that "Vic teenagers bash man, steal car: police."
Posted at 12:18 PM by Howard Bashman


"Retired Judge Donald Ross of Omaha lived by a simple rule: Do what's right." This obituary appears today in The Omaha World-Herald.
Posted at 10:28 AM by Howard Bashman


Friday, December 20, 2013

The contents of the December 2013 issue of the Harvard Law Review can now be accessed online: Via this link.

The issue includes various essays under the heading "In Memoriam: Ronald Dworkin" and recent cases essays about United States v. Caronia and United States v. Wurie.
Posted at 11:30 PM by Howard Bashman



"State Bar's race records ruled public documents": Bob Egelko has this article today in The San Francisco Chronicle.

Today's edition of The Los Angeles Times contains an article headlined "California high court says state bar should release exam scores; California Supreme Court rules for affirmative-action researcher, saying public has 'legitimate interest' in admissions process; But it also calls for privacy protections."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "California Bar Must Share Race Data."

My earlier coverage of yesterday's unanimous California Supreme Court ruling can be accessed here.
Posted at 09:12 PM by Howard Bashman



"Five Names, Including Neal Katyal, Reportedly to Be Forwarded for Judge Davis' Seat on 4th Circuit": Michael Wein has this post today at the "Maryland Appellate Blog."
Posted at 08:55 PM by Howard Bashman


"Federal appeals court upholds temporary block on state abortion law": Jason Stein and Patrick Marley of The Milwaukee Journal Sentinel have this news update.

You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 04:51 PM by Howard Bashman



"Federal judge strikes down Utah's ban on same-sex marriage": Brooke Adams of The Salt Lake Tribune has this news update.

The Deseret News has an update headlined "Federal judge rules Utah's ban on same-sex marriage unconstitutional."

And The Associated Press reports that "Judge strikes down Utah's same-sex marriage ban."

You can access today's ruling of the U.S. District Court for the District of Utah at this link.
Posted at 04:44 PM by Howard Bashman



"President Obama Nominates Two to Serve on the United States Courts of Appeals": The White House issued this news release yesterday.

My earlier coverage appears at this link.
Posted at 01:06 PM by Howard Bashman



"Lights, camera, Supreme Court: It's about time; Television broadcasts from the chambers would be good for democracy and good for the institution." Chief Justice Maureen O'Connor of the Supreme Court of Ohio has this op-ed today in The Los Angeles Times.
Posted at 01:02 PM by Howard Bashman


"Supreme Court's Big Year Ends With Big Love": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 12:56 PM by Howard Bashman


"Supreme Court strikes down Canada's prostitution laws": Sean Fine of The Toronto Globe and Mail has a news update that begins, "The Supreme Court of Canada has struck down the country's major prostitution laws, saying that bans on street soliciting, brothels and people living off the avails of prostitution create severe dangers for vulnerable women and therefore violate Canadians' basic values."

The Toronto Star has a news update headlined "Supreme Court of Canada strikes down federal criminal prostitution laws; Ottawa given one-year grace period to redraft scheme."

The Associated Press reports that "Canadian court strikes down anti-prostitution laws."

Reuters reports that "Top Canada court strikes down prostitution restrictions."

And Bloomberg News reports that "Canada Top Court Invalidates Prostitution Laws on Safety."

You can access today's unanimous ruling of the Supreme Court of Canada at this link.
Posted at 12:28 PM by Howard Bashman



"The Legality of the National Security Agency's Bulk Data Surveillance Programs": Law professor John Yoo has posted this paper online at SSRN (via "Legal Theory Blog").
Posted at 09:08 AM by Howard Bashman


Thursday, December 19, 2013

"Think gay marriage is a product of activist judges? Think again." Karin Klein has this essay online at The Los Angeles Times.
Posted at 10:03 PM by Howard Bashman


Editorials appearing in today's edition of The Los Angeles Times: The newspaper contains editorials titled "Mt. Soledad cross: Take it down; It is a clearly Christian symbol on government-owned land, and and the Supreme Court should order its removal" and "Utah's anti-polygamy law: When a man loves 4 women; District Judge Clark Waddoups rejected the part of the law that prohibited cohabitation by unmarried people with multiple sexual partners; And that's fine."
Posted at 10:02 PM by Howard Bashman


"Judge rules heat levels on Angola death row subject inmates to 'cruel and unusual punishment'": The Times-Picayune of New Orleans has this report on a ruling that the U.S. District Court for the Middle District of Louisiana issued today.
Posted at 09:40 PM by Howard Bashman


"Obama picks Judge Gregg Costa for 5th Circuit appeals court": Todd J. Gillman of The Dallas Morning News has this blog post.

And The Associated Press reports that "US District Court Judge Julie E. Carnes tapped to serve in 11th Circuit Court of Appeals."
Posted at 09:35 PM by Howard Bashman



"U.S. court revives 9/11 victims' case against Saudi Arabia": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 04:32 PM by Howard Bashman


"Supreme Court OKs new lethal injection procedure": The Associated Press has this report on a ruling that the Supreme Court of Florida issued today.
Posted at 03:33 PM by Howard Bashman


"New Mexico AG filing suit to stop horse slaughter": The Associated Press has this report.
Posted at 03:30 PM by Howard Bashman


"Third Circuit Accepts One Brief, Rejects the Second": At "The Volokh Conspiracy," Orin Kerr has this post about an order that the U.S. Court of Appeals for the Third Circuit issued today in United States v. Auernheimer.
Posted at 03:27 PM by Howard Bashman


"State Supreme Court rules municipalities can limit what gas drillers can do": The Pittsburgh Tribune-Review has a news update that begins, "The Pennsylvania Supreme Court tossed out controversial portions of the state's oil and gas law reforms, letting municipalities retain control over where and when to allow drilling in their jurisdictions."

Today's ruling of the Supreme Court of Pennsylvania consists of an opinion announcing the judgment of the court, a concurring opinion, and two dissenting opinions (here and here).
Posted at 03:11 PM by Howard Bashman



"Jerry Sandusky lawyer's appeal of media leak order rejected by Pa. Supreme Court": The Patriot-News of Harrisburg, Pennsylvania has this report.

You can access yesterday's order of the Supreme Court of Pennsylvania at this link.
Posted at 03:05 PM by Howard Bashman



"Court rules that law test data can be released": The Associated Press has a report that begins, "The California Supreme Court has ruled that ethnic and other data submitted by applicants to administrators of bar exam can be released to the public. The court ruled unanimously Thursday in a legal scholar's years-long fight to obtain the data to aid in his research of racial disparities in law school performance."

You can access today's ruling of the Supreme Court of California at this link.
Posted at 03:00 PM by Howard Bashman



"Same-sex marriage ruled legal by NM's high court": The Associated Press has this report.

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

Update: In other coverage, The Santa Fe New Mexican has a news update headlined "New Mexico Supreme Court rules same-sex marriage legal."

Bloomberg News reports that "New Mexico Supreme Court Legalizes Same-Sex Marriage."

And Reuters reports that "New Mexico Supreme Court rules to allow same-sex marriage."
Posted at 01:35 PM by Howard Bashman



"Judge Softens Utah's Anti-Polygamy Law To Mixed Reactions": This audio segment appeared on yesterday evening's broadcast of NPR's "All Things Considered."
Posted at 12:56 PM by Howard Bashman


"The Last 24 Hours Before Oral Argument": This audio segment posted online Monday, featuring attorney Kannon K. Shanmugam, is part of the "Sound Advice" audio library of the American Bar Association's Section of Litigation.

By listening to the first few moments of the podcast, you can also learn both how to and how not to pronounce Kannon's last name.
Posted at 11:00 AM by Howard Bashman



"Saith Scalia: In Memphis, the Supreme Court's leading conservative makes the case for judicial literalism." The Memphis Flyer has this report.
Posted at 10:56 AM by Howard Bashman


"Democrats Eye Deal To Confirm 4 Obama Nominees And Avoid Spending Christmas Eve Together": Jennifer Bendery of The Huffington Post has this report.
Posted at 10:55 AM by Howard Bashman


"In Death Penalty's Steady Decline, Some Experts See a Societal Shift": Erik Eckholm has this article today in The New York Times.

And Pete Yost of The Associated Press reports that "Executions in US drop close to 20-year low in 2013."
Posted at 08:50 AM by Howard Bashman



"Constitution Check: Is modern technology giving new life to the Fourth Amendment?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:47 AM by Howard Bashman


"Appeals court 'troubled' by top St. Louis prosecutor's mid-trial tweeting": This article appears today in The St. Louis Post-Dispatch.
Posted at 08:40 AM by Howard Bashman


"Judge Donald R. Ross is gone": Senior U.S. District Judge Richard G. Kopf has this post today at his "Hercules and the Umpire" blog.
Posted at 08:32 AM by Howard Bashman


Wednesday, December 18, 2013

"Judge Leon's NSA #Slatepitch: The wacky idea that giving away your data creates a greater expectation of privacy." Law professor Barry Friedman and Dahlia Lithwick have this jurisprudence essay online at Slate.
Posted at 09:20 PM by Howard Bashman


"Conversation with Justice Ruth Bader Ginsburg": C-SPAN has posted online at this link the video of Justice Ginsburg's remarks yesterday at the Northern Virginia Technology Council.

According to C-SPAN's description, "Justice Ruth Bader Ginsberg [sic] was interviewed by former U.S. Solicitor General Theodore Olson about the Supreme Court's role in society. Among the topics she addressed were lifetime tenure for justices, relationships among justices, public perceptions of the court, and the role of women on the court."
Posted at 08:56 PM by Howard Bashman



"Update on United States v. Auernheimer": Orin Kerr has this post at "The Volokh Conspiracy."

The letter that Orin and his co-defense counsel filed today in the U.S. Court of Appeals for the Third Circuit should get the case -- a significant criminal appeal in which the defendant is serving a relatively short sentence of imprisonment -- back onto that court's radar screen.
Posted at 06:05 PM by Howard Bashman



"Patrick Leahy Threatens His Own Rules Change After GOP Blocks Hearing On Judicial Nominees": Jennifer Bendery of The Huffington Post has this report.

And online at The Atlantic, Andrew Cohen has an essay titled "A New GOP Stall Tactic in the War Over Judicial Nominees: With the filibuster removed from their toolkit, Republican lawmakers forced the cancellation of confirmation hearings, even for candidates with home-state GOP support."
Posted at 05:50 PM by Howard Bashman



"Stop Telling Ruth Bader Ginsburg to Retire: It's counterproductive." Emily Bazelon has this jurisprudence essay online at Slate.

And online at The New Republic, Marc Tracy has an essay titled "Justice Ginsburg Is Wrong: She Should Step Down."
Posted at 05:44 PM by Howard Bashman



"NFL, Ravens can use old logo in historical videos, exhibits, court rules; Judges defend use of copyrighted material in historical works": The Baltimore Sun has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued yesterday.

In other coverage, The Associated Press reports that "Court rejects lawsuit over Ravens' 1st logo."

And at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Appeals Court Won't Penalize NFL Network for Use of Artist's Logo; The MPAA gets its desired ruling in a case that examined the use of copyrighted logos in historical videos and pictures."
Posted at 11:33 AM by Howard Bashman



"Judge Leon's ruling in NSA case is another example of his impartiality and independence": This article appears today in the Style section of The Washington Post. Of course, if we are at the point where a judge must be singled out for impartiality and independence, then larger concerns should arise.

And in related coverage, Michael Doyle of McClatchy Washington Bureau has an article headlined "Fights over NSA surveillance could be as intriguing as any good spy story."
Posted at 09:55 AM by Howard Bashman



"Supreme Court Dismisses HRT Punitive Damages Appeal": P.J. D'Annunzio has this front page article, in which I am quoted, in today's edition of The Legal Intelligencer.

My earlier coverage of the dismissal of the defendant's appeal, in this case in which I served as appellate counsel for plaintiffs at the Pa. Supreme Court, can be accessed here.
Posted at 09:51 AM by Howard Bashman



"NSA Phone Plan May Reach Supreme Court on 1979 Precedent": Andrew Zajac and Greg Stohr of Bloomberg News have this report.
Posted at 08:26 AM by Howard Bashman


Tuesday, December 17, 2013

"After Ruling Critical of N.S.A., Uncertain Terrain for Appeal": Adam Liptak will have this article in Wednesday's edition of The New York Times.
Posted at 09:28 PM by Howard Bashman


"Judge in Pa. gay marriage suit nixes state appeal": The Associated Press has a report that begins, "A federal judge hearing a challenge to Pennsylvania's law banning recognition of same-sex marriages is keeping the case on track for trial by preventing an appellate review at this stage."

I have posted online at this link today's memorandum and order of the U.S .District Court for the Middle District of Pennsylvania refusing to certify the case for immediate appellate review.
Posted at 05:42 PM by Howard Bashman



"The Case That Could Topple Obamacare": Pema Levy has this article online today at Newsweek.

According to the article, "It all started in 2011, when Jonathan H. Adler, a conservative law professor at Case Western Reserve University in Ohio, shot an email to his friend Michael Cannon, a health policy expert at the libertarian Cato Institute in Washington, D.C."
Posted at 05:33 PM by Howard Bashman



"Appeals court says smokers can't sue to get monitoring for future illness": The Buffalo News has this update.

You can access today's ruling of the New York State Court of Appeals -- that state's highest court -- at this link. The issue was before that court on certified question from the U.S. Court of Appeals for the Second Circuit.

In response to the ruling, Philip Morris USA issued a news release headlined "New York Court of Appeals Rejects Claim for Medical Monitoring."
Posted at 05:04 PM by Howard Bashman



"NSA Case: Where Do We Go From Here?" Joe Palazzolo and Jacob Gershman have this post today at WSJ.com's "Law Blog."
Posted at 02:20 PM by Howard Bashman


In today's mail: I received a review copy of Fifth Circuit Judge Leslie H. Southwick's memoir, "The Nominee: A Political and Spiritual Journey."

Thanks to the folks at University Press of Mississippi for noticing my earlier post about the book.
Posted at 02:10 PM by Howard Bashman



"Appeals court upholds life sentence in terror case": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 01:22 PM by Howard Bashman


"Snap Out of It: If this judge doesn't buy the legal basis for the NSA's intrusive phone snooping, no one should." Emily Bazelon has this essay online at Slate.
Posted at 01:18 PM by Howard Bashman


"Ginsburg: justices should stay if able to work." The Associated Press has this report.
Posted at 01:16 PM by Howard Bashman


"Justice Ginsburg happy to no longer be confused with Sandra Day O'Connor": The Washington Post has this news update.
Posted at 12:18 PM by Howard Bashman


The contents of the December 2013 issue of The Yale Law Journal can now be accessed online: Via this link.

In the issue, law professor Michael W. McConnell has a book review titled "Why Protect Religious Freedom?"
Posted at 12:01 PM by Howard Bashman



"Justice Department Defends Law Banning Protests at Supreme Court": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 11:55 AM by Howard Bashman


"Congratulations To The 2014 Bristow Fellows": David Lat has this post today at "Above the Law."
Posted at 11:26 AM by Howard Bashman


"The Constitution's Vanishing Act: For decades, Supreme Court justices have been rewriting key parts of our governing document." Law professor Richard A. Epstein has this essay online at the Defining Ideas site of the Hoover Institution.
Posted at 11:23 AM by Howard Bashman


"Will The Supreme Court Finally Decide How Much Information Is Too Much?" Daniel Fisher has this post online today at Forbes.com.
Posted at 11:20 AM by Howard Bashman


"'A Mistake Has Been Made Here, and No One Wants to Correct It'; Without DNA evidence, how could we challenge the eyewitness testimony that sent our client to prison for 34 years?" Law professor Lara Bazelon (yes, she's one of Emily's younger sisters) has this jurisprudence essay online at Slate.
Posted at 11:03 AM by Howard Bashman


"Why Google, Twitter and Tumblr Are Backing the 'Dancing Baby'; A six-year-old viral video sparks an important battle over copyright law": Sam Gustin has this report online at Time magazine.
Posted at 10:58 AM by Howard Bashman


How hellish is your judicial hole? Via Daniel Fisher writing online at Forbes, I see that the American Tort Reform Association has issued the latest installment of its pro-business annual survey titled "Judicial Hellholes 2013/2014."

As noted in this news report from 2012, the Chief Justice of the Supreme Court of Pennsylvania referenced the "judicial hellhole" designation, apparently in jest, during my opposing counsel's presentation at an oral argument of mine (you can access the oral argument video online via this link). As I first noted in this post, yesterday my clients (the plaintiffs) won that case.
Posted at 10:45 AM by Howard Bashman



The Wall Street Journal's "Law Blog" has emerged from behind that publication's online paywall: A reporter for The WSJ who contributes to that blog from time to time emailed me this morning to convey the news. Before this change took place, the full contents of certain posts were hidden behind the paywall, while other posts were freely accessible in their entirety.
Posted at 10:26 AM by Howard Bashman


"FIRE and Broad Coalition File Brief Defending Free Speech in Student 'Facebook Collage' Case": The organization Foundation for Individual Rights in Education (FIRE) issued this news release yesterday about an amicus brief that FIRE and 11 other organizations sought leave to file yesterday in the U.S. Court of Appeals for the Eleventh Circuit.

FIRE has posted additional information about the case at this link.
Posted at 09:48 AM by Howard Bashman



"'Passionate' Judge Has Record of Wrestling With Thorny Issues, and the U.S. Government": This article appears today in The New York Times.

At Politico.com, Josh Gerstein has articles headlined "NSA ruling fallout hits White House" and "Larry Klayman crows on NSA win: 'We hit the mother lode.'"

And online at The Atlantic, Andrew Cohen has an essay titled "Judge's Ruling Could Jeopardize NSA Surveillance; A D.C. trial judge says the government's 'bulk metadata' program relies on a 34-year-old precedent obviated by current technologies."
Posted at 09:40 AM by Howard Bashman



"Laughtergate: The Day the Laughter Died at SCOTUS." Michelle Olsen has this post today at her "Appellate Daily" blog.
Posted at 09:32 AM by Howard Bashman


"Republicans Warn Supreme Court That EPA Program 'Threatens Liberty'": National Journal has this report.
Posted at 08:15 AM by Howard Bashman


"Report: Nevada Supreme Court, Clark County justices carry heavy caseloads; Compared with other counties and states, Nevada judges see a lot of cases." The Las Vegas Sun has this article.
Posted at 08:14 AM by Howard Bashman


"U.S. Supreme Court refuses to hear Beaver County family's appeal on school bullying claim": The Pittsburgh Tribune-Review has this report.
Posted at 08:07 AM by Howard Bashman


"With sex-work ruling, Supreme Court can be on the right side of history": Online today at The Toronto Globe and Mail, Kyle Kirkup has an essay that begins, "On Friday, the Supreme Court of Canada has the opportunity to be on the right side of history when it releases its decision in Bedford, a case challenging the constitutionality of Canada's sex-work laws."
Posted at 08:06 AM by Howard Bashman


"Shrinking high court docket bedevils conservatives; Several key cases are dismissed for technical or legal reasons, and liberals breathe a sigh of relief; Even the upcoming test over presidential 'recess appointments' has lost some steam": Richard Wolf of USA Today has this report.
Posted at 08:03 AM by Howard Bashman


"U.S. Supreme Court upholds biotech exec's fraud conviction": Bob Egelko of The San Francisco Chronicle has this report.
Posted at 08:00 AM by Howard Bashman


"Tea party and political buttons: Supreme Court declines Minnesota case; Conservative groups, including the Minnesota North Star Tea Party Patriots, said a state election law violated voters' free speech rights; The action by the Supreme Court lets stand a federal appeals court decision upholding the statute." Warren Richey of The Christian Science Monitor has this report.
Posted at 07:56 AM by Howard Bashman


"Court: Gov. Nikki Haley, SC officials can be sued for Occupy arrests." This front page article appears today in The State of Columbia, South Carolina reporting on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued yesterday.
Posted at 07:42 AM by Howard Bashman


Monday, December 16, 2013

"Snowden says ruling vindicates leak of NSA files; He says decision that collection of phone data is unconstitutional is 'the first of many'": USA Today has a report that begins, "Edward Snowden said Monday that his decision to expose National Security Agency surveillance programs was vindicated by a federal judge's ruling that the mass collection of phone data is probably unconstitutional."
Posted at 08:37 PM by Howard Bashman


"Why shield corporations from disclosing political spending?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 05:54 PM by Howard Bashman


The Supreme Court of Pennsylvania has dismissed as improvidently granted Wyeth's appeal contending that Pennsylvania law would not permit punitive damages to be awarded on a failure-to-warn claim involving an FDA-approved prescription drug: You can access today's unanimous order of the Supreme Court of Pennsylvania dismissing the appeal as improvidently granted at this link.

My earlier posts about this case, in which I served as appellate counsel for plaintiffs while the case was pending at the Pa. Supreme Court, can be accessed here, here, here, and here.

From the plaintiffs' perspective, today's outcome is the same as a victory on the merits, in that it leaves undisturbed the Pa. Superior Court's decision reinstating the jury's verdict awarding compensatory and punitive damages in plaintiffs' favor.
Posted at 04:33 PM by Howard Bashman



"Federal Judge Rules Against N.S.A. Phone Data Program": Charlie Savage of The New York Times has this news update.

Ann E. Marimow and Ellen Nakashima of The Washington Post have a news update headlined "Judge: NSA's collecting of phone records is likely unconstitutional."

David G. Savage of The Los Angeles Times has a news update headlined "NSA collection of telephone records violates Constitution, judge rules."

Kevin Johnson and Richard Wolf of USA Today report that "Federal judge rules against NSA spying."

Michael Doyle of McClatchy Washington Bureau reports that "Judge dings the NSA metadata collection program."

David Ingram of Reuters reports that "U.S. judge rules phone surveillance program is likely unlawful."

The Associated Press reports that "NSA phone record collection ruled unconstitutional."

Bloomberg News reports that "NSA Phone Program Probably Unconstitutional, Judge Rules."

At "The BLT: The Blog of Legal Times," Zoe Tillman and Mike Scarcella have a post titled "Judge Finds NSA Surveillance 'Almost Certainly' Violates Privacy Rights."

And at "SCOTUSblog," Lyle Denniston has a post titled "Judge: NSA phone sweep likely invalid."

You can access today's ruling of the U.S. District Court for the District of Columbia at this link.
Posted at 03:54 PM by Howard Bashman



"Detroit bankruptcy judge allows appeal of eligibility, pension rulings": The Detroit News has an update that begins, "A bankruptcy judge Monday allowed creditors to appeal his recent eligibility and pension rulings directly to the U.S. 6th Circuit Court of Appeals."

News coverage from The Detroit Free Press can be accessed here.

And The Associated Press reports that "Judge allows appeal in Detroit bankruptcy case."
Posted at 02:14 PM by Howard Bashman



"Stern Words for Wall Street's Watchdogs, From a Judge": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 01:33 PM by Howard Bashman


"Supreme Court Declines to Take Up School Bullying Case": Mark Walsh has this post at the "School Law" blog of Education Week.
Posted at 01:00 PM by Howard Bashman


Access online today's ruling of the U.S. Supreme Court in an argued case: Justice Clarence Thomas delivered the opinion for a unanimous Court in Heimeshoff v. Hartford Life & Accident Ins. Co., No. 12-729. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Court says health plan lawsuit cutoff legal."
Posted at 10:05 AM by Howard Bashman



Access online today's Order List of the U.S. Supreme Court: The Court has posted the Order List at this link. The Court did not grant review in any new cases, but the Court did request the views of the Solicitor General in one case.

In early news coverage, The Associated Press reports that "High court won't look at bullying in schools"; "Court won't hear appeal over news release"; "Court won't hear appeal over Mich. sore loser law"; "Court won't hear dispute over Grand Canyon Skywalk"; and "Court won't take Gulf spill moratorium case."

Greg Stohr of Bloomberg News reports that "Sept. 11 Victims' Suit Prompts U.S. Supreme Court Inquiry" and "Ex-InterMune CEO Harkonen's Conviction Let Stand by Court."

Lawrence Hurley of Reuters reports that "U.S. justices ask for Obama's views in Sept. 11 case against banks"; "U.S. high court rejects oil spill contempt case"; and "U.S. Supreme Court refuses to hear ex-InterMune CEO's appeal" and "U.S. top court declines to review Lockheed employee class action."

And at "SCOTUSblog," Lyle Denniston has a post titled "Liability for 9/11 at issue."
Posted at 09:33 AM by Howard Bashman



"In Bizarre No-Fly List Trial, Even the Verdict Might Be Top Secret": David Kravets has this post today at Wired.com's "Threat Level" blog.
Posted at 08:40 AM by Howard Bashman


"Medicaid filings put morals before court; Usual allies at odds in legal wrangling": Jim Provance has this front page article today in The Toledo Blade.
Posted at 08:36 AM by Howard Bashman


"Right-to-die challenge reaches Supreme Court": BBC News has this report.

And The Independent (UK) has an article headlined "Right-to-die case: Supreme Court hears case of Tony Nicklinson's widow and Paul Lamb; Campaigners argue the assisted suicide ban contravenes the European Convention on Human Rights."
Posted at 08:30 AM by Howard Bashman



"Crackdown on massage parlours spurs debate ahead of Supreme Court ruling": The Canadian Press has this report.

According to the article, "This Friday, Canada's top court will bring down a landmark decision on the legality of the country's anti-prostitution laws."
Posted at 08:27 AM by Howard Bashman



"Minnesota judges face new financial disclosure requirements; Fewer than half of state's top judges earned outside pay last year; Alan Page made nearly $50,000": The Minneapolis Star Tribune has this report.
Posted at 08:25 AM by Howard Bashman


"Cruel and Unusual: The lethal-injection dilemma." Jeffrey Toobin has this comment in The Talk of the Town section of the December 23, 2013 issue of The New Yorker.
Posted at 07:50 AM by Howard Bashman


Sunday, December 15, 2013

"Surveillance: Cozy or Chilling?" In the Sunday Review section of today's edition of The New York Times, Noam Cohen has a news analysis that begins, "Last year, two literal-minded Supreme Court justices were considering whether police officers needed a warrant before placing a GPS tracking device on a suspect's S.U.V. when they ended up having a rather fanciful argument: What would the founding fathers make of a GPS device, anyway?"
Posted at 10:16 PM by Howard Bashman


"In Press-Rights Battle, Reporter Says Accountability's At Risk": This audio segment appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 10:06 PM by Howard Bashman


"Factual Precedents": Law professor Allison Orr Larsen has this article in the new issue of the University of Pennsylvania Law Review.
Posted at 09:50 PM by Howard Bashman


"Monday's 9/11 case hearing is closed session at Guantanamo": Carol Rosenberg of The Miami Herald has this report.

And in the Sunday Review section of today's edition of The New York Times, Francis X. Clines has an editorial notebook essay titled "The Guantanamo Trials, in Pastel."
Posted at 09:40 PM by Howard Bashman



"Oklahoma gay marriage ban lawsuit pending 9 years": The Associated Press has this report.
Posted at 09:27 PM by Howard Bashman


"Judge finds some right to have 'sister wives'": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 09:23 PM by Howard Bashman


"Getting personal before the Supreme Court": Robert Barnes will have this new installment of his "The High Court" column in Monday's edition of The Washington Post.
Posted at 09:18 PM by Howard Bashman


"Under the U.S. Supreme Court: Constitutional shoving in the high court." Michael Kirkland of UPI has this report.
Posted at 08:54 AM by Howard Bashman


Saturday, December 14, 2013

"San Jose v. MLB: Delay name of game in battle over A's move." In today's edition of The San Jose Mercury News, Howard Mintz has an article that begins, "San Jose's antitrust case against Major League Baseball over the long-stalled plan to move the Oakland A's to the South Bay is now headed to a federal appeals court -- but delay on a final outcome will continue to be the name of the game."

And Henry K. Lee of The San Francisco Chronicle reports that "Judge allows San Jose A's lawsuit appeal to proceed."
Posted at 11:58 PM by Howard Bashman



"The death of a prosecutor: Ten years after Jonathan Luna's body was found far from his Baltimore home, his death remains unsolved." This front page article will appear in tomorrow's edition of The Washington Post Magazine.
Posted at 11:56 PM by Howard Bashman


"Prosecutor misconduct and the most interesting man in the world": Senior U.S. District Judge Richard G. Kopf has this post at his "Hercules and the Umpire" blog.
Posted at 01:44 PM by Howard Bashman


"Satanists, Hindus want monuments on Oklahoma Capitol grounds": The Deseret News has an article that begins, "When the Oklahoma Legislature passed a bill in 2009 ordering that a monument of the Ten Commandments be placed on the state Capitol grounds, opponents warned the law invited trouble."
Posted at 01:42 PM by Howard Bashman


"Federal judge overturns part of Utah's law against polygamy": This article appears today in The Deseret News.

In Sunday's edition of The New York Times, John Schwartz will have an article headlined "A Utah Law Prohibiting Polygamy Is Weakened."

The Associated Press reports that "'Sister Wives' family wins ruling in bigamy suit."

And Reuters reports that "Part of Utah's bigamy law struck down in victory for U.S. TV star."
Posted at 01:37 PM by Howard Bashman



Friday, December 13, 2013

"Federal judge declares Utah polygamy law unconstitutional": The Salt Lake Tribune has this news update.

You can access today's ruling of the U.S. District Court for the District of Utah at this link.
Posted at 10:23 PM by Howard Bashman



"Appeals court vacates ban on US horse slaughter": The Associated Press has a report that begins, "A federal appeals court on Friday removed a temporary ban on domestic horse slaughter, clearing the way for companies in New Mexico, Missouri and Iowa to open while an appeal of a lawsuit by animal protection groups proceeds."

And Bloomberg News reports that "Commercial Horse Slaughter Allowed During Court Appeal."

I have posted online at this link today's order of a two-judge panel of the U.S. Court of Appeals for the Tenth Circuit.
Posted at 10:18 PM by Howard Bashman



"The Golden Touch: When law professor Kathleen Sullivan joined Quinn Emanuel, it wasn't clear that the relationship would work; It has." Susan Beck has this cover story in the December 2013 issue of The American Lawyer.
Posted at 09:04 PM by Howard Bashman


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

You can access today's Order List of the U.S. Supreme Court at this link.

In other coverage, Greg Stohr of Bloomberg News reports that "Worker Stock Suits Get Supreme Court Review in Bank Case."

Lawrence Hurley of Reuters reports that "U.S. justices agree to hear bank's class-action appeal" and "U.S. top court agrees to weigh bank fraud case."

And The Associated Press reports that "Court to decide whether lawsuit can move forward."
Posted at 02:06 PM by Howard Bashman



"Blagojevich appeal: How to tell 'legal and straight from a federal offense?'" The Chicago Tribune has this news update.

The Chicago Sun-Times has a news update headlined "Appellate judges lob tough questions about Blagojevich prosecution."

And The Associated Press reports that "Judges hear arguments in Blagojevich appeal."

You can access via this link (10.6MB mp3 audio file) the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit that included Circuit Judge Frank H. Easterbrook.
Posted at 02:05 PM by Howard Bashman



"Supreme Court Prepares To Wade Into 'La Brea Tar Pits' Of Software Patents": Daniel Fisher has this post today at Forbes.com.
Posted at 12:58 PM by Howard Bashman


"Senate Moves on Judicial, Executive Confirmations": Todd Ruger has this post today at "The BLT: The Blog of Legal Times."
Posted at 12:50 PM by Howard Bashman


"The Most Important Legal Stories of 2013: This year's lesson is that some courtroom battles must be fought over and over again, from one generation to the next." Andrew Cohen has this essay online today at The Atlantic.
Posted at 12:40 PM by Howard Bashman


"Embracing the Fight: A Portrait of Alan Dershowitz After 50 Years at Harvard Law School." Dev A. Patel has this article today in The Harvard Crimson.

According to the article, "In one week, Dershowitz will retire from a 50-year career at the Law School during which he taught more than 10,000 students, including many who have gone on to join him on the faculty."
Posted at 12:30 PM by Howard Bashman



"The Supreme Court of India's Shockingly Bad Gay-Rights Decision: A surprising disappointment from judges with a progressive record." Chanakya Sethi has this jurisprudence essay online at Slate.

My earlier coverage of the ruling appears at this link.
Posted at 12:24 PM by Howard Bashman



"Judges hear arguments today on Blagojevich appeal": The Chicago Tribune has this news update.

And The Associated Press reports that "Judges to hear arguments in Blagojevich appeal."

Once the U.S. Court of Appeals for the Seventh Circuit posts the oral argument online, I will link to it.
Posted at 10:18 AM by Howard Bashman



"Third Circuit Votes to Rehear Katzin En Banc on the Scope of the Davis Good Faith Exception": At "The Volokh Conspiracy," Orin Kerr has this post on an order that the U.S. Court of Appeals for the Third Circuit issued yesterday.
Posted at 09:14 AM by Howard Bashman


"High court upholds $12.75M award to ex-Seattle firefighter; The firefighter was injured after falling through a pole hole at his fire station 10 years ago; The state Supreme Court Thursday uphold the earlier jury verdict, which the city and its insurer have repeatedly fought": The Seattle Times has this report on a ruling that the Washington State Supreme Court issued yesterday.
Posted at 08:56 AM by Howard Bashman


"Tricky case before Minnesota top court: Drunken driver who fled abuser; Woman who drove drunk to flee abuser argues that her license shouldn't have been revoked." The Minneapolis Star Tribune has this report.
Posted at 08:47 AM by Howard Bashman


"Oregon Supreme Court: Police aren't 'coercing' suspected DUII drivers by warning about refusing breathalyzer." Aimee Green of The Oregonian has this report on a ruling that the Supreme Court of Oregon issued yesterday.
Posted at 08:44 AM by Howard Bashman


"Tom Chambers, former state Supreme Court justice, dies; Tom Chambers, a 12-year state Supreme Court justice who retired last year while battling throat and mouth cancer, died at his home on Lake Sammamish late Wednesday; He was 70": The Seattle Times has this obituary.
Posted at 08:32 AM by Howard Bashman


"An elevated status for Supreme Court": Online at The Washington Post, Al Kamen's "In the Loop" has this report.
Posted at 08:30 AM by Howard Bashman


Thursday, December 12, 2013

"Judge: Mt. Soledad cross must come down." The San Diego Union-Tribune has a news update that begins, "A San Diego federal judge ruled Thursday that the cross atop Mount Soledad is unconstitutional, although the chances of the controversial La Jolla monument coming down anytime soon are unlikely."

The Los Angeles Times has a news update headlined "Judge orders Mt. Soledad cross removed but allows appeals."

Reuters reports that "U.S. judge orders landmark California cross taken down."

And The Associated Press reports that "Judge orders removal of San Diego war cross."

I have posted online at this link the ruling that U.S. District Judge Larry Alan Burns of the Southern District of California issued today.

Judge Burns notes in his decision that he originally ruled that the monument could remain, only to be reversed by the Ninth Circuit. Judge Burns also notes that U.S. Supreme Court review remains a possibility.
Posted at 08:45 PM by Howard Bashman



"Legal battle over gay marriage moves to the South; Virginia gay, lesbian couples begin same-sex marriage fight that may lead to Supreme Court": Richard Wolf of USA Today has this report.
Posted at 06:12 PM by Howard Bashman


In jurisprudence essays available online at Slate: Law professors Kal Raustiala and Christopher Jon Sprigman have an essay titled "Beauty and the Beasties: The Beastie Boys should lose their GoldieBlox challenge -- and they'll lose even if they win."

Sam Kleiner has an essay titled "Not Even Lance Deserves This: How the government is using the war on terror to go after him for millions."

And Imran J. Syed has an essay titled "Doubly Wronged in Detroit: Because the city is broke, Dwayne Provience won't get compensated for the decade he spent in prison for a murder he didn't commit."
Posted at 05:06 PM by Howard Bashman



"Aereo Urges U.S. Supreme Court to Hear Broadcast TV Case": Greg Stohr of Bloomberg News has this report.

Variety has a report headlined "Aereo to Broadcasters: Go Ahead, Take the Case to Supreme Court."

c|net has a report headlined "Aereo to broadcasters: Supreme Court? Bring it on; Aereo will not oppose broadcast networks' petition for the US Supreme Court to rule on the service's legal merits, but getting to the Supreme Court is still a long shot."

The Verge reports that "Aereo wants to fight broadcasters before the Supreme Court."

And at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Aereo Won't Oppose Supreme Court Battle; The digital streaming company responds to broadcasters' attempts to interest the high court in a battle that could reshape the TV industry."
Posted at 04:55 PM by Howard Bashman



"Class actions deliver more money to more people than arbitration: CFPB." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 04:45 PM by Howard Bashman


"In Rule Fight, Reid Counters Delay With Senate All-Nighter": Jeremy W. Peters of The New York Times has this report.

The Washington Post reports that "After all-nighter, Senate to continue with confirmation fight through the weekend."

The Los Angeles Times has a report headlined "Senate all-nighter: Filibuster fallout bogs down chamber's work."

And The Washington Times reports that "Senate pulls all-nighter as GOP protests rules change."
Posted at 02:44 PM by Howard Bashman



"Cablevision: Aereo Is Illegal, But Broadcasters Are Wrong in Their Attack on Startup." Variety has this report on a white paper titled "Aereo and the Public Performance Right" that Cablevision Systems Corp. issued today. A related press release from Cablevision can be accessed here.

Update: In other coverage, Dan Levine of Reuters reports that "Cablevision says broadcasters overreaching in Aereo case."
Posted at 02:33 PM by Howard Bashman



"It's a New York state of mind for some Supreme Court justices": Robert Barnes has this article in today's edition of The Washington Post.

At "The Volokh Conspiracy," John Elwood has a related post titled "The Not-So-Hypothetical."

And in other news coverage, Lawrence Hurley of Reuters reports that "U.S. Supreme Court wrestles with child abduction case."

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Lozano v. Montoya Alvarez, No. 12-820.
Posted at 02:22 PM by Howard Bashman



"The Mirror of Guantanamo": Linda Greenhouse has this essay online at The New York Times.
Posted at 02:17 PM by Howard Bashman


"Chief Judge For 9th Circuit Cites 'Epidemic' Of Prosecutor Misconduct": Radley Balko has this post at his "The Agitator" blog.
Posted at 02:16 PM by Howard Bashman


"Nina Pillard, Georgetown Law Professor, Confirmed to D.C. Circuit": Todd Ruger has this post at "The BLT: The Blog of Legal Times."
Posted at 09:44 AM by Howard Bashman


For those of you still filing federal appellate briefs that contain a separate "Statement of the Case" and "Statement of Facts": That's soooooo pre-December 1, 2013. On that date, amendments to Federal Rule of Appellate Procedure 28 took effect "remov[ing] the requirement that an appellant's brief contain separate statements of the case and of the facts" and instead providing that "a single statement of the case must include the relevant factual and procedural history as well as identify the rulings to be reviewed." (The foregoing quotes are from this helpful primer that the Fifth Circuit's clerk's office recently issued.)

Consequently, nouveau appellate advocates will no longer be left to ponder the endlessly entertaining riddle of how one can or should state "the case" without simultaneously stating "the facts." On further review, the unquestionably brilliant minds behind the Federal Rules of Appellate procedure have decided that the "Statement of the Case" can and should include the facts.
Posted at 09:00 AM by Howard Bashman



"Senate set to pull all-nighter, approves federal appeals court nominee": CNN.com has this report, which notes that "The first vote in the extended session came shortly after 1 a.m. ET as the Senate approved 51-44 the nomination of Nina Pillard to serve on the federal appeals court in Washington."

Update: You can access the official U.S. Senate roll call vote tally at this link.

In recognition of the time at which her confirmation occurred, the formal investiture ceremony for D.C. Circuit Judge Cornelia T.L. Pillard will take place at 1:05 a.m. on a date yet to be announced. The invitations will note that semi-formal attire or pajamas will be appropriate.

After Circuit Judge Pillard establishes herself at the D.C. Circuit as the "fraulein of FERC" and compiles a record of decisions even more moderate than that of California Supreme Court Justice Goodwin Liu, she will be confirmed to the U.S. Supreme Court by a one-third vote (the minimum required once the Senate approved the so-called armageddon option), where she will then be free to "evolve."
Posted at 07:36 AM by Howard Bashman



Wednesday, December 11, 2013

"Huguely's lawyers say his trial violated right to counsel": Frank Green of The Richmond Times-Dispatch has this news update.

And The Associated Press reports that "Judges hear former U.Va. lacrosse player's appeal."
Posted at 05:34 PM by Howard Bashman



"State high court hears ND abortion law arguments": The Associated Press has this report.

Via this link at the web site of the Supreme Court of North Dakota, you can access additional information about the case and the appellate briefing.
Posted at 03:30 PM by Howard Bashman



"Voters May Nix Cellphone Tower": 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 02:00 PM by Howard Bashman


"EPA tells court U.S. mercury, toxics rule is legally justified": Reuters has this report.
Posted at 10:12 AM by Howard Bashman


Access online today's ruling of the U.S. Supreme Court in an argued case: Justice Sonia Sotomayor delivered the opinion for a unanimous Court in Kansas v. Cheever, No. 12-609. You can access the oral argument via this link.

Update: In news coverage, The Associated Press has a report headlined "Court: Kan. death sentence shouldn't be thrown out."
Posted at 10:06 AM by Howard Bashman



"How These 5 Dirtbags Radically Advanced Your Digital Rights": David Kravets has this post today at Wired.com's "Threat Level" blog.
Posted at 09:58 AM by Howard Bashman


"Rocker judge juggles tech policy, Supreme Court and the Stones": Dan Levine of Reuters has a report that begins, "In the cloistered federal appeals courts, where cameras are taboo and life-tenured judges toil in seclusion, Randall Rader relishes his persona as a hard-charging front man."

According to the article, "Rader suffered what he calls the biggest failure of his career in the case now under the Supreme Court's microscope, which involves software patents."
Posted at 09:50 AM by Howard Bashman



"Joan Orie Melvin pushes for dismissal or new trial": Paula Reed Ward had this article in yesterday's edition of The Pittsburgh Post-Gazette.

In yesterday's edition of The Pittsburgh Tribune-Review, Bobby Kerlik had an article headlined "Melvin appeal cites actions of prosecutors, judge."

And The Associated Press reports that "Former Pa. Justice Joan Orie Melvin's appeal cites alleged bias of trial judge."
Posted at 08:44 AM by Howard Bashman



"Court of Appeal rules UNF cannot prohibit guns on campus": This article appears in today's issue of The Florida Times-Union of Jacksonville.

The Associated Press reports that "Court rules Fla. universities can't regulate guns."

And the News Service of Florida has an article headlined "Appeals court: College students can keep guns in cars on campus."

You can access yesterday's lengthy en banc ruling of Florida's First District Court of Appeal at this link.
Posted at 08:33 AM by Howard Bashman



"Air pollution battle pits administration against GOP-led states; The Supreme Court seems receptive to the call for tougher environmental rules to reduce cross-border air pollution from Midwestern and Southern states": David G. Savage has this article today in The Los Angeles Times.

In today's edition of The Wall Street Journal, Jess Bravin has an article headlined "Justices Express Sympathy for EPA's Tack on Pollution Crossing State Lines; Agency Focuses on Using Most Cost-Effective Methods to Cut Emissions."

Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court examines rule on cross-border pollution: Did EPA overreach? The Supreme Court heard arguments Tuesday about an EPA rule that aims to curb cross-border air pollution; A lower court struck down the rule, saying the EPA exceeded its authority."

And Bill Mears of CNN.com has a report headlined "No easy dunk: sports analogies simplify Supreme Court argument."
Posted at 08:24 AM by Howard Bashman



"India's Supreme Court upholds anti-gay sex law": The Associated Press has a report that begins, "India's Supreme Court on Wednesday struck down a 2009 lower court decision to decriminalize homosexuality, dealing a blow to gay activists who have fought for years for the chance to live openly in India's deeply conservative society."

Bloomberg News reports that "Indian Court Upholds 153-Year-Old Law Criminalizing Gay Sex."

Reuters reports that "India's Supreme Court turns the clock back with gay sex ban."

The International New York Times reports that "Court Restores India's Ban on Gay Sex."

The Washington Post reports that "Court in India criminalizes homosexuality."

The Wall Street Journal reports that "Indian Court Reinstates Law Banning Gay Sex; Supreme Court Rejects 2009 Ruling by Delhi High Court."

BBC News reports that "India top court reinstates gay sex ban."

The Hindu has an article headlined "Homosexuality illegal: SC."

The Hindustan Times has an article headlined "Supreme Court says gay sex illegal, LGBT rights activists angry; The Supreme Court on Wednesday reinstated a colonial-era ban on gay sex that enables the jailing of homosexuals in a major setback for rights campaigners in the country."

And The Times of India has an article headlined "Gay sex: Activists shocked with SC verdict, call it a 'black day.'"

You can access today's ruling of the Supreme Court of India at this link.
Posted at 08:04 AM by Howard Bashman



"With Filibuster Threat Gone, Senate Confirms Two Presidential Nominees": Jeremy W. Peters has this article today in The New York Times.

The Washington Post reports that "Using new rules, Senate Democrats confirm Patricia Millett."

The Los Angeles Times contains an article headlined "Freed of filibuster threat, Senate OKs two Obama nominees; The Senate confirms Patricia Millett for the D.C. Circuit Court and Rep. Melvin Watt to head a housing agency; The session's final weeks could be spent clearing a backlog of nominees."

The Wall Street Journal reports that "Senate Confirms Millett and Watt; Move Marks First Judge Approved Since Democrats Changed Filibuster Rules."

The Washington Times reports that "Senate confirms Obama judge following filibuster rule change."

And at at "The BLT: The Blog of Legal Times," Todd Ruger has a post titled "Senate Confirms Patricia Millett to D.C. Circuit."
Posted at 07:54 AM by Howard Bashman



Tuesday, December 10, 2013

"Senate Prepares to Vote on Second D.C. Circuit Nominee": Todd Ruger has this post today at "The BLT: The Blog of Legal Times."
Posted at 11:50 PM by Howard Bashman


"Give Me Amendments or Give Me Death: Inside the secretive campaign by state legislators to pass conservative amendments in 34 states and rewrite the Constitution." Emma Roller and David Weigel have this essay online at Slate.
Posted at 09:54 PM by Howard Bashman


"Supreme Court Takes Pass on Union-Organizing Case; Concludes It Made Mistake in Agreeing to Hear Case on Long-Used Organizing Tool": Brent Kendall of The Wall Street Journal has this report.
Posted at 02:24 PM by Howard Bashman


"Judges Hesitant Over DNA Collection Law": Pamela A. MacLean has this post today at her "Trial Insider" blog.

You can view the video of yesterday's Ninth Circuit en banc oral argument via this link.
Posted at 01:52 PM by Howard Bashman



"Justices Hear Arguments on Cross-State Air Pollution Rules": Adam Liptak of The New York Times has this news update.

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: A good day for EPA?"

You can access at this link the transcript of today's U.S. Supreme Court oral argument in EPA v. EME Homer City Generation, L.P., No. 12-1182.

Update: In other coverage, Richard Wolf of USA Today reports that "Justices may back EPA on cross-state air pollution; Justices appear divided over whether states or the federal government should impose a solution that would burden 'upwind' states in order to benefit those 'downwind.'"

Lawrence Hurley of Reuters reports that "U.S. justices voice support for air pollution regulation."

And Jeremy P. Jacobs of Greenwire reports that "Supreme Court seems receptive to some EPA arguments in cross-state case."
Posted at 01:42 PM by Howard Bashman



The Ninth Circuit has posted online the "Appellate Lawyer Representatives' Ninth Circuit Practice Guide": You can access the 113-page PDF document, dated yesterday, at this link.
Posted at 01:05 PM by Howard Bashman


"Court: Tax on Vt. nuclear plant might be OK." The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 01:02 PM by Howard Bashman


"Court looks at EPA rule on cross-state pollution": The Associated Press has this report.

And Greg Stohr and Mark Drajem of Bloomberg News report that "U.S. Supreme Court Weighs Reviving Obama Coal Pollution Rule."
Posted at 12:27 PM by Howard Bashman



"NY court: Reporter shielded in Colo. shooting case." The Associated Press has a report that begins, "New York's top court says state law protects a Fox News reporter from being forced to reveal her sources for a story about the suspect in the mass shooting at a Colorado movie theater last year."

You can access today's 4-to-3 ruling of the New York State Court of Appeals -- that state's highest court -- at this link.

Update: The Times Union of Albany, New York has a news update headlined "Top court: Shield Law protects Fox reporter."

And Reuters reports that "Reporter allowed to keep sources secret in Colorado theater shooting."
Posted at 11:26 AM by Howard Bashman



"Court won't rule on union-casino agreement": The Associated Press has this report.

Lawrence Hurley of Reuters reports that "Supreme Court dismiss union organizing case."

And Greg Stohr of Bloomberg News reports that "U.S. Supreme Court Dismisses Case on Union Organizing Agreements."
Posted at 11:20 AM by Howard Bashman



"Senate approves Patricia Millett for D.C. Circuit Court of Appeals": Politico.com has this report.

Sahil Kapur of TPM DC reports that "Senate Confirms Obama's Top Judge After Historic Filibuster Change."

The Associated Press reports that "Democrats use new power to tilt appeals court."

Jennifer Bendery of The Huffington Post reports that "Senate Confirms Obama Nominee Under New Filibuster Rules, World Doesn't End."

And The Hill has a blog post titled "Senate confirms first 'post-nuclear' nominee in 56-38 vote."

Update: You can access the U.S. Senate's official roll call vote tally at this link.
Posted at 11:15 AM by Howard Bashman



"BP Argues Companies Are Unfairly Cashing In On 2010 Spill": This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:26 AM by Howard Bashman


"Legal battle over Nazi-seized masterpiece revived": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.

And in other coverage, at her "Trial Insider" blog Pamela A. MacLean has a post titled "Holocaust Art Case Reinstated."
Posted at 10:23 AM by Howard Bashman



The U.S. Senate has just begun voting on the nomination of Patricia Ann Millett to serve on the U.S. Court of Appeals for the D.C. Circuit: C-SPAN2 is providing live coverage.

In related news, The Hill has a blog post titled "Senators enter into 'post-nuclear' world."
Posted at 10:16 AM by Howard Bashman



"Constitution Check: Do stockholders need a veto over corporate campaign spending?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:14 AM by Howard Bashman


"The Seven Top Legal Stories of 2014": Jeffrey Toobin has this predictive blog post online today at The New Yorker.
Posted at 10:11 AM by Howard Bashman


Access online today's actions of the U.S. Supreme Court in argued cases: Justice Ruth Bader Ginsburg delivered the opinion for a unanimous Court in Sprint Communications, Inc. v. Jacobs, No. 12-815. You can access the oral argument via this link.

And the Court dismissed the writ of certiorari as improvidently granted in Unite Here Local 355 v. Mulhall, No. 12-99. Justice Stephen G. Breyer issued a dissenting opinion, in which Justices Sonia Sotomayor and Elena Kagan joined. You can access the oral argument via this link.
Posted at 10:04 AM by Howard Bashman



"Democrats using new power to tilt appeals court": The Associated Press has this report.
Posted at 10:00 AM by Howard Bashman


"Ariz. abortion rights group want SCOTUS to stop new law": Howard Fischer of The East Valley Tribune has this report.
Posted at 09:58 AM by Howard Bashman


Monday, December 9, 2013

"High Court Weighs Air Safety vs. Pilot's Reputation": Adam Liptak will have this article in Tuesday's edition of The New York Times.

In Tuesday's edition of The Washington Post, Robert Barnes will have an article headlined "Supreme Court considers suit by pilot reported by airline as suspicious."

And USA Today reports that "Supreme Court mulls airline immunity for threats."
Posted at 11:22 PM by Howard Bashman



"Supreme Court to hear arguments Tuesday over EPA pollution rules": The Washington Post has this report.

And online at Slate, Matt Mellema has a jurisprudence essay titled "Will the Supreme Court Stop the EPA From Fighting Pollution State by State? That's the question in a case that will be argued on Tuesday."
Posted at 11:06 PM by Howard Bashman



"Kansas Supreme Court hears 'Hard 50' appeal": The Associated Press has this report.
Posted at 11:02 PM by Howard Bashman


"Mitch McConnell nomination fight heads to Supreme Court": Politico.com has this report.

And NPR has a blog post titled "Senate GOP Could Taste Sweet Revenge In Supreme Court Case."
Posted at 09:46 PM by Howard Bashman



"The Behavior of Federal Judges: A View from the D.C. Circuit." Senior D.C. Circuit Judge Douglas H. Ginsburg has posted this essay online at SSRN.
Posted at 09:42 PM by Howard Bashman


"California DNA criminal law: Appeals court weighs challenge to state's taking DNA from all felony suspects." Howard Mintz of The San Jose Mercury News has this report.
Posted at 09:05 PM by Howard Bashman


"I [Heart] Boobies: PA Student Free Speech to Supreme Court?" The American Law Journal has posted online at this link the video of its latest episode.

Update: Last Friday at Education Week's "School Law" blog, Mark Walsh had a post titled "District Seeks Supreme Court Review in 'Boobies' Bracelets Case." You can view the petition for writ of certiorari at this link.
Posted at 05:14 PM by Howard Bashman



"Obama rules face showdowns tomorrow in Supreme Court, D.C. Circuit": Jeremy P. Jacobs of Greenwire has this report.
Posted at 04:42 PM by Howard Bashman


"U.S. Supreme Court extends labor board argument, gives Republicans time": Amanda Becker of Reuters has this report.
Posted at 03:15 PM by Howard Bashman


"Obama, Dems make mark on second most powerful court": Richard Wolf of USA Today has this report.
Posted at 02:44 PM by Howard Bashman


"25 Years Later, PACER, Electronic Filing Continue to Change Courts": The Administrative Office of the U.S. Courts has this report today.
Posted at 01:33 PM by Howard Bashman


"Airline Immunity on Threat Reports Tested at High Court": Greg Stohr of Bloomberg News has this report.

And The Associated Press reports that "Court hears dispute between airline, pilot."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Air Wisconsin Airlines Corp. v. Hoeper, No. 12-315.
Posted at 01:30 PM by Howard Bashman



"U.S. high court leaves intact $142 million verdict against Pfizer": Lawrence Hurley of Reuters has this report.

And Greg Stohr of Bloomberg News has reports headlined "Pfizer Rejected by Top Court on Neurontin Marketing Suits" and "Smith & Nephew's $85 Million Award Let Stand by Top Court."
Posted at 01:26 PM by Howard Bashman



"Abortion Foes Would Let Women Sue Clinics Over Regulation": Esme E. Deprez of Bloomberg News has this report.
Posted at 01:23 PM by Howard Bashman


"Senate Republicans Get Argument Time in Recess Case": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 12:15 PM by Howard Bashman


"Judges question need for Gitmo genital searches": The Associated Press has a report that begins, "Federal appeals court judges are questioning whether the government has gone too far in searching the genital areas of Guantanamo detainees who want to meet with their lawyers."

I will post a link to the audio of today's D.C. Circuit oral argument when it becomes available online.

Last Friday at the "Lawfare" blog, Raffaela Wakeman had a post titled "Oral Argument Preview: Hatim v. Obama, or the 'Counsel Access Case.'"

Update: In other coverage, at "The BLT: The Blog of Legal Times," Zoe Tillman has a post titled "D.C. Circuit Weighs Challenge to Groin Searches at Guantanamo Bay."

The D.C. Circuit has posted the oral argument audio at this link (20.3 MB mp3 audio file).
Posted at 11:57 AM by Howard Bashman



"Appeals court hearings now going live and online": Bill Mears of CNN.com has this report.

This week (starting today at 5 p.m. eastern time, 2 p.m. pacific time) the U.S. Court of Appeals for the Ninth Circuit is scheduled to hear en banc rearguments in five separate cases. The Ninth Circuit is planning to stream the video of those oral arguments live, online.

Today's en banc oral argument can be viewed live, online via this link (which currently displays a countdown clock). The Ninth Circuit has also posted online at this link the rehearing petition filed in the case being argued today.
Posted at 11:44 AM by Howard Bashman



"Texas Supreme Court to Mull Underground Trespassing": The Texas Tribune has this report.
Posted at 10:26 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.

In early coverage, at "SCOTUSblog" Lyle Denniston has a post titled "Court bypasses RICO test case."
Posted at 09:36 AM by Howard Bashman



"Obama's Pollution-Control Agenda Goes to Court Tomorrow": Mark Drajem and Greg Stohr of Bloomberg News have this report.
Posted at 09:27 AM by Howard Bashman


"N.J. sports gambling to place final bets in the U.S. Supreme Court": The Newark Star-Ledger has this report.
Posted at 09:25 AM by Howard Bashman


Sunday, December 8, 2013

"Some Wisconsin Supreme Court justices urging senators to support amendment; Change would let high court choose its chief justice": Patrick Marley of The Milwaukee Journal Sentinel has this report.
Posted at 09:17 PM by Howard Bashman


"Nadon's Supreme Court appointment ignores spirit of law, professors argue": In last Tuesday's edition of The Toronto Globe and Mail, Sean Fine had an article that begins, "Justice Marc Nadon's appointment to the Supreme Court defies the spirit of a law meant to reassure Quebeckers that judges chosen from their province would understand its civil code, two law professors write."
Posted at 08:09 PM by Howard Bashman


"Supreme Court weighs issue of cross-state air pollution": Richard Wolf will have this article in Monday's edition of USA Today.
Posted at 07:53 PM by Howard Bashman


"Internet giants weigh in on defamation lawsuit": The Associated Press has a report that begins, "From Twitter and Facebook to Amazon and Google, the biggest names of the Internet are blasting a federal judge's decision allowing an Arizona-based gossip website to be sued for defamation by a former Cincinnati Bengals cheerleader convicted of having sex with a teenager."
Posted at 07:21 PM by Howard Bashman


"Satanists seek spot on Oklahoma Statehouse steps": The Associated Press has a report that begins, "In their zeal to tout their faith in the public square, conservatives in Oklahoma may have unwittingly opened the door to a wide range of religious groups, including satanists who are seeking to put their own statue next to a Ten Commandments monument on the Statehouse steps."
Posted at 02:51 PM by Howard Bashman


"Terrorism appeal focuses on secrecy": This article appears in today's edition of The Amarillo Globe-News.

You can access via this link (16.8MB mp3 audio file) the audio of last Thursday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit.
Posted at 01:20 PM by Howard Bashman



"Filibuster rule's end should help Obama reshape a key court; A Senate filibuster rule change should help Obama reshape the key D.C. Circuit Court, but Republicans have other tools to block nominees": Timothy M. Phelps has this article today in The Los Angeles Times.

Update: In other coverage, The Associated Press reports that "Senate Dems push Obama nominees, GOP bides time."
Posted at 01:03 PM by Howard Bashman



"Under the U.S. Supreme Court: Peek-a-boo, the drone sees you." Michael Kirkland of UPI has this report.
Posted at 01:02 PM by Howard Bashman


Saturday, December 7, 2013

"Censorship 101: What schools are really teaching students when we let them censor their speech." Law professor Sonja West has this jurisprudence essay online at Slate.
Posted at 10:36 PM by Howard Bashman


"Snowden and Greenwald: The Men Who Leaked the Secrets; How two alienated, angry geeks broke the story of the year." Janet Reitman has this very interesting lengthy article in the December 19, 2013 issue of Rolling Stone.
Posted at 10:07 PM by Howard Bashman


"Argument preview: Ill winds and good neighbors." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 10:04 PM by Howard Bashman


"Group asks Supreme Court to stay US Airways-American merger": Reuters has this report.
Posted at 10:02 PM by Howard Bashman


Friday, December 6, 2013

"Court: Berkeley woman can sue Austria railroad." Bob Egelko of The San Francisco Chronicle has this report on an en banc ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 11:18 PM by Howard Bashman


"High Court Revisits Death Penalty for Mentally Disabled": Stateline, a publication of The Pew Charitable Trusts, has this report today.
Posted at 10:36 PM by Howard Bashman


"The Supreme Court, moldy washers and the future of consumer class actions": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 10:30 PM by Howard Bashman


"California's DNA collection law in key legal test": Howard Mintz of The San Jose Mercury News has this report.
Posted at 10:28 PM by Howard Bashman


"To Lobby or Not to Lobby: That Is an Important Question." The very interesting essay that Senior First Circuit Judge Kermit V. Lipez has in the Spring 2013 issue of The Journal of Appellate Practice and Process can now be freely accessed online at this link.

Thanks to that publication's editor, Nancy Bellhouse May, for letting me know. I previously noted the essay in this post from Wednesday.
Posted at 10:18 PM by Howard Bashman



"Kline seeks Supreme Court reconsideration on license ruling": The Associated Press has a report that begins, "An attorney for former Kansas Attorney General Phill Kline has asked the Kansas Supreme Court to consider modifying a ruling that indefinitely suspended Kline's law license."
Posted at 10:12 PM by Howard Bashman


"Federal judge criticized by Supreme Court Justice fires back": Reuters has this report.
Posted at 09:25 PM by Howard Bashman


"Supreme Court birth control ruling could ripple widely": Bob Egelko of The San Francisco Chronicle has this report.
Posted at 09:22 PM by Howard Bashman


"Senate to move quickly on nominations": Burgess Everett of Politico.com has a report that begins, "Democrats will take advantage of new Senate rules and rush to confirm six of President Barack Obama's most prominent nominations over the next two weeks. Senate leadership is aiming to confirm three judges to the D.C. Circuit Court of Appeals as well as a trio of crucial executive nominations before Dec. 20, Democratic aides said."
Posted at 03:14 PM by Howard Bashman


Access online today's Order List of the U.S. Supreme Court: The Court has posted the Order List, granting review in one new case, at this link.

In early news coverage, Greg Stohr and Susan Decker of Bloomberg News reports that "Software Patents Get U.S. Supreme Court Review."

Lawrence Hurley of Reuters reports that "U.S. Supreme Court to decide whether software can be patented."

The Associated Press reports that "Court to jump into patent discussion."

At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Supreme Court Takes Up Patent Eligibility Case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on patent rights."

My earlier coverage of the en banc Federal Circuit's ruling in this case can be accessed here, here, and here.
Posted at 01:35 PM by Howard Bashman



"Court panel appears skeptical of L.A. ban on homeless living in cars": The Los Angeles Times has this report.

You can access at this link the audio of yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 11:42 AM by Howard Bashman



There's nothing like an exegesis on the economic loss rule to get the weekend started off right: Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit issued an opinion written by Senior Circuit Judge Jon O. Newman that begins, "The issue on this appeal is whether, under maritime law, an owner of a vessel may be awarded damages for economic loss due to negligence in the absence of physical damage to its property."
Posted at 10:28 AM by Howard Bashman


"U.S. Backs Argentina at High Court in Bank Subpoena Case": Greg Stohr of Bloomberg News has a report that begins, "The Obama administration urged the U.S. Supreme Court to hear Argentina's challenge to a court order requiring two banks to turn over information about the country's assets."
Posted at 10:22 AM by Howard Bashman


Thursday, December 5, 2013

"Justice O'Connor Sits with Ninth Circuit Panel": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.
Posted at 10:34 PM by Howard Bashman


"At the Supreme Court, little love for an antiwar protester": Michael McGough has this essay online at The Los Angeles Times.
Posted at 09:50 PM by Howard Bashman


"Practice pointer: Coordinating briefing in consolidated cases." Tom Goldstein has this interesting post tonight at "SCOTUSblog."
Posted at 08:45 PM by Howard Bashman


"The righteousness in Hobby Lobby's cause; Business people shouldn't be required to check their faith at the door": Law professor Richard W. Garnett has this op-ed today in The Los Angeles Times.
Posted at 05:02 PM by Howard Bashman


"Appellate Court Saves Money by Making Chambers Space Go Farther": The Administrative Office of the U.S. Courts issued this news release yesterday focusing on the Philadelphia-based U.S. Court of Appeals for the Third Circuit.
Posted at 04:56 PM by Howard Bashman


"Constitution Check: Should politics dictate when Justices should retire?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 04:30 PM by Howard Bashman


Wednesday, December 4, 2013

"European court is not superior to UK supreme court, says Lord Judge; Former lord chief justice says law should be changed to make it clear British courts do not have to implement Strasbourg rulings": Owen Bowcott of The Guardian (UK) has this report.
Posted at 09:36 PM by Howard Bashman


"Paying Amy: Doyle Paroline owned two pornographic pictures of an 8-year-old girl; How much should he have to pay?" Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 09:27 PM by Howard Bashman


"A grounded frequent flier complains all the way to the Supreme Court": Michael McGough has this essay online at The Los Angeles Times.
Posted at 09:00 PM by Howard Bashman


"High court hears medical-marijuana case": The Miami Herald has a report that begins, "Tallahassee's political establishment has repeatedly blocked legislative votes on medical marijuana and will ask the Florida Supreme Court Thursday to follow suit and keep the issue away from state voters in 2014."
Posted at 08:57 PM by Howard Bashman


Access online the audio of today's Federal Circuit oral argument in Oracle America, Inc. v. Google Inc. The U.S. Court of Appeals for the Federal Circuit has posted the audio online at this link (20.4MB mp3 audio file).

Earlier today, I had this post linking to news coverage of the oral argument.
Posted at 08:47 PM by Howard Bashman



"Dismissing Speech Claims, Justices Turn to Plain Line-Drawing": Adam Liptak will have this article in Thursday's edition of The New York Times.

In Thursday's edition of The Washington Post, Robert Barnes will have an article headlined "Supreme Court justices say military-base protester's case isn't about free speech."

In Thursday's edition of The Los Angeles Times, David G. Savage will have an article headlined "Supreme Court case pits free speech against military property rights; A peace activist challenges the military's authority to ban him from protesting on part of Vandenberg Air Force Base used by the public; The justices appear to side with the military."

In Thursday's edition of The Wall Street Journal, Jess Bravin will have an article headlined "Supreme Court Weighs War-Protester Case; Air Force Argues It Is Authorized to Keep Dennis Apel Off Highway That Runs Through Military Property."

Richard Wolf of USA Today reports that "Supreme Court weighs protests at military installations."

Michael Doyle of McClatchy Washington Bureau has an article headlined "Did man protest too close for military's -- and Supreme Court's -- comfort?"

Bill Mears of CNN.com reports that "Justices hear protester's appeal over speech rights on government easements."

Lawrence Hurley of Reuters reports that "Military protester faces uphill battle in Supreme Court."

Mark Sherman of The Associated Press reports that "Court looks at protest ban at Calif. military base."

On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Military Protester Finds Skeptical Audience At Supreme Court."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: Skirting a constitutional issue."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in United States v. Apel, No. 12-1038.
Posted at 08:38 PM by Howard Bashman



"Study: California Supreme Court conflict-of-interest rules most open in nation." Howard Mintz of The San Jose Mercury News has this report.

My earlier coverage of today's report from The Center for Public Integrity can be accessed here.
Posted at 08:17 PM by Howard Bashman



"The Court's Contempt for Congress": Jeff Shesol has this blog post online today at The New Yorker.
Posted at 08:12 PM by Howard Bashman


"Court Upholds Firing of Counselor Who Wrote Sexually Explicit Advice Book": At the "School Law" blog of Education Week, Mark Walsh has this post reporting on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued yesterday.
Posted at 02:11 PM by Howard Bashman


"If Obamacare is overturned, a Case Western law professor gets the credit": The Cleveland Plain Dealer has this provocatively headlined article.
Posted at 02:09 PM by Howard Bashman


"U.S. court questions Google defense against Oracle over Android": Dan Levine of Reuters has this report.

And Bloomberg News reports that "Oracle Seeks to Revive Claim Google's Android Copied Code."
Posted at 02:08 PM by Howard Bashman



In today's mail: I received the Spring 2013 issue of The Journal of Appellate Practice and Process.

The issue contains a very interesting essay by Senior First Circuit Judge Kermit V. Lipez titled ""To Lobby or Not to Lobby: That Is an Important Question." Unfortunately, the essay does not appear to be readily available online.
Posted at 01:20 PM by Howard Bashman



Cert. alert: Today, the majority on a divided three-judge Ninth Circuit panel issued an opinion that begins, "Five other circuits have held that an immigration judge violates due process or the immigration laws by relying on a State Department investigation of an asylum petitioner's claim. Do we fall in line?"

Being the Ninth Circuit, the majority of course answered "no." Chief Judge Alex Kozinski wrote the majority opinion.
Posted at 01:14 PM by Howard Bashman



Second Circuit affirms summary judgment dismissing ConEd's suit against those who designed, built, operated, and maintained the 7 World Trade Center Building alleging that defendants' negligence cause the building to collapse following the 9/11 attacks: You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.

In early news coverage, The Associated Press has a report headlined "US court: Negligence not cause of 3rd WTC collapse."
Posted at 11:17 AM by Howard Bashman



"Supreme Court seems unlikely to uphold frequent-flier's suit; A Minneapolis rabbi sued Northwest Airlines for canceling his 'platinum' frequent-flier status after his many complaints; Justices, citing a 1978 deregulation act, express skepticism about his claim": David G. Savage has this article today in The Los Angeles Times.

The Minneapolis Star Tribune reports today that "U.S. Supreme Court cool to Minn. man booted from WorldPerks for complaining."

The New York Daily News has an article headlined "Airline dumped rabbi from perks program saying he complained too much -- U.S. Supreme Court to weigh in on legality; Rabbi Binyomin Ginsberg attained 'Platinum Elite' status in the now-defunct Northwest Airlines' WorldPerks program in 2005 only to have it revoked when he allegedly complained too much; Ginsberg says he was just offering feedback."

And Bill Mears of CNN.com reports that "Supreme Court appears split over frequent flyer case."
Posted at 10:22 AM by Howard Bashman



"McCombs, partner lose in Supreme Court": The San Antonio Express-News has this report.

Greg Stohr of Bloomberg News reports that "McCombs Partnership Tax-Shelter Penalty Upheld by Court."

Reuters reports that "US Supreme Court rules Texas billionaire owes tax shelter penalty."

And at Forbes.com, Ashlea Ebeling has a post titled "Supreme Court Sides With IRS In Tax Shelter Penalty Case."
Posted at 10:18 AM by Howard Bashman



"The Greatest Trick The Supreme Court Ever Pulled Was Convincing The World Roe v. Wade Still Exists": Ian Millhiser and Tara Culp-Ressler have this essay online today at ThinkProgress.
Posted at 10:14 AM by Howard Bashman


"Justice Obscured: In a nine-month investigation, the Center for Public Integrity evaluated the financial disclosure rules for judges in the highest state courts nationwide." The Center for Public Integrity posted this report online today.

The report contains an article headlined "State supreme court judges reveal scant financial information; Investigation reveals conflicts despite limited disclosure."

And the report also includes additional items titled "Justices ruled on their own financial interests"; "Methodology: how we graded state supreme court financial disclosure": and "State report cards."
Posted at 10:08 AM by Howard Bashman



"Supreme Court Takes on Free Speech Case of Often-Arrested Protester": Ariane de Vogue has this post today at "The Note" blog of ABC News.
Posted at 10:04 AM by Howard Bashman


"Obamacare Suits Mount as Notre Dame Joins Scrum of Cases": Bloomberg News has this report.

And in today's edition of The Wall Street Journal, Brent Kendall has an article headlined "Federal Judge Hears Arguments on Health-Law Subsidies; Group Contests Key Part of Affordable Care Act."
Posted at 10:02 AM by Howard Bashman



"Easton Area School District files arguments for U.S. Supreme Court review in 'boobies' case; Easton district argues appeals court misapplied landmark rulings on student speech": Peter Hall has this article today in The Morning Call of Allentown, Pennsylvania.
Posted at 10:00 AM by Howard Bashman


Tuesday, December 3, 2013

"Case Over Gun-Safety Ads Fosters Unlikely Alliance": Wednesday's edition of The New York Times will contain an article that begins, "A state appeals court here heard arguments on Tuesday about whether Phoenix was within its rights to remove bus shelter ads that proclaimed 'Guns Save Lives,' which the city said constituted political speech."

Today's edition of The Arizona Republic previewed the oral argument in an article headlined "Ban on Phoenix bus-stop gun ad is back in court; Supporters of bus-stop ad cite speech rights."
Posted at 11:28 PM by Howard Bashman



"Supreme Court Considers Frequent Flier Contracts": Adam Liptak will have this article in Wednesday's edition of The New York Times.

In Wednesday's edition of The Washington Post, Robert Barnes will have an article headlined "Supreme Court hears case of frequent flier dropped from perks program before merger."

In Wednesday's edition of The Wall Street Journal, Jess Bravin will have an article headlined "Supreme Court Hears Case of Disgruntled Frequent Flier; Passenger Sues Airline for Erasing His Miles; Delta Says He Abused His Membership."

In Wednesday's edition of USA Today, Richard Wolf will have an article headlined "Justices hear case of frequent flier, airline breakup; Rabbi was dropped from Northwest program after frequent complaints about service."

And at Politico.com, Josh Gerstein has a blog post titled "Supreme Court takes on frequent flier program rights."
Posted at 11:22 PM by Howard Bashman



"High Court Hears Claim for Retroactive Gay Marriage Rights": Edmund H. Mahony of The Hartford Courant has an article that begins, "A woman, whose same sex, domestic partner died as a result of medical malpractice, told the state Supreme Court Tuesday that she is entitled for constitutional reasons to damages for loss of consortium -- even though she and her partner were not married."
Posted at 11:14 PM by Howard Bashman


"Politics, not justice, in Alabama death penalty cases; It is one of only three states that give judges the power to override juries in capital cases, and it is the only state in which judges regularly use that power to enhance sentences": Andrew Cohen will have this op-ed in Wednesday's edition of The Los Angeles Times.
Posted at 10:57 PM by Howard Bashman


"Obama Offers Second Chance For Missouri Court Nominee": Carrie Johnson had this audio segment on this evening's broadcast of NPR's "All Things Considered."
Posted at 10:52 PM by Howard Bashman


"Un-People: The conservative crusade to declare everything a 'person' -- corporations, fertilized eggs -- will have disastrous consequences." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:08 PM by Howard Bashman


"Supreme Court tackles Kentucky false advertising case": Michael Doyle of McClatchy Washington Bureau has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Lexmark Int'l, Inc. v. Static Control Components, Inc., No. 12-873.
Posted at 06:09 PM by Howard Bashman



"The nominees Obama wants most": The Hill today has a report that begins, "Senate Democrats have gutted the filibuster, but that doesn't mean President Obama's 240 judicial and executive branch nominees will now sail to confirmation."
Posted at 06:03 PM by Howard Bashman


"Wisconsin's Lawyer Pressed by Appeals Judges on Abortion": Bloomberg News has a report that begins, "A lawyer for the state of Wisconsin met a barrage of questions from U.S. appeals court judges as he tried to argue for a law requiring doctors who perform abortions to have local hospital admitting privileges."

And The Associated Press reports that "Federal appeals court hears arguments on Wisconsin's abortion law."

You can access via this link (8.3MB mp3 audio file) the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 05:40 PM by Howard Bashman



"Wyo. man takes 'rail trail' fight with Forest Service to Supreme Court": Jeremy P. Jacobs of Greenwire has this report.
Posted at 04:53 PM by Howard Bashman


"5th Circuit gives state AGs a new way to evade federal court": 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 Fifth Circuit issued yesterday.
Posted at 02:58 PM by Howard Bashman


"Rights Group Is Seeking Status of 'Legal Person' for Captive Chimpanzee": This article appears today in The New York Times.
Posted at 01:20 PM by Howard Bashman


Fifth Circuit overturns NLRB decision concluding that a company violated the National Labor Relations Act by requiring its employees to sign an arbitration agreement that prohibited employees from pursuing claims in a collective or class action: You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.

Update: In news coverage, The Associated Press reports that "Appeals court sides with employers on arbitration."
Posted at 01:14 PM by Howard Bashman



"Judge Edwards and 'Functionally Useless' Habeas": Steve Vladeck has this post at the "Lawfare" blog about a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 01:00 PM by Howard Bashman


"Supreme Court mulls how airlines reject frequent fliers": USA Today has a report that begins, "Lawyers and justices clashed Tuesday at the Supreme Court over the rules for frequent-flier programs, and whether airlines can drop travelers from them for any reason."

And Greg Stohr of Bloomberg News reports that "Complaining-Passenger High Court Case May Shield Airlines."

Update: You can access at this link the transcript of today's U.S. Supreme Court oral argument in Northwest, Inc. v. Ginsberg, No. 12-462.

In other coverage, Lawrence Hurley of Reuters reports that "Frequent flyer faces turbulence in U.S. Supreme Court."
Posted at 12:50 PM by Howard Bashman



"SCOTUSblog on camera: J. Harvie Wilkinson, III -- Part eight." "SCOTUSblog" has posted this video online today, the final part of an eight-part interview.
Posted at 11:46 AM by Howard Bashman


The U.S. Court of Appeals for the Sixth Circuit today issued its long-awaited en banc ruling in United States v. Blewett: Circuit Judge Jeffrey S. Sutton wrote the majority opinion. You can access the complete ruling at this link.

By my calculation, the en banc vote was 10-to-7 in favor of holding that the Fair Sentencing Act of 2010, which increased the amount of crack cocaine needed to activate the various mandatory minimum sentences, does not apply retroactively to previously final criminal sentences.

At his "Sentencing Law and Policy" blog, Douglas A. Berman has a post titled "In lengthy split opinions, en banc Sixth Circuit rejects all efforts to give any relief to pre-FSA crack defendants still serving mandatory minimums."
Posted at 11:24 AM by Howard Bashman



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

1. Justice Samuel A. Alito, Jr. delivered the opinion for a unanimous Court in Atlantic Marine Constr. Co. v. United States Dist. Court for Western Dist. Tex., No. 12-929. You can access the oral argument via this link.

2. And Justice Antonin Scalia delivered the opinion for a unanimous Court in United States v. Woods, No. 12-562. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Court says case should be moved to Va." and "Court will uphold tax penalty."
Posted at 10:04 AM by Howard Bashman



"BP Wins Appeals Court Order Stopping Some Spill Payments": Bloomberg News has a report that begins, "BP Plc won an appeals court order stopping some payments under a $9.2 billion settlement tied to the 2010 Gulf of Mexico oil spill."

I have posted at this link yesterday's order of a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit.
Posted at 09:34 AM by Howard Bashman



"Argument preview: War protests and the military." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 09:28 AM by Howard Bashman


"High Court hears arguments over tribal immunity in Michigan case": The Detroit Free Press has this report.

And The Detroit News reports that "Supreme Court hears arguments over Michigan's bid to shut tribal casino."

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Michigan v. Bay Mills Indian Community, No. 12-515.
Posted at 09:05 AM by Howard Bashman



Monday, December 2, 2013

"Lawmakers propose removing state judges from Pennsylvania ballots": This article appears today in The Pittsburgh Tribune-Review.
Posted at 11:54 PM by Howard Bashman


"A New Wave of Challenges to Health Law": In Tuesday's edition of The New York Times, Sheryl Gay Stolberg will have a front page article that begins, "More than a year after the Supreme Court upheld the central provision of President Obama's health care overhaul, a fresh wave of legal challenges to the law is playing out in courtrooms as conservative critics -- joined by their Republican allies on Capitol Hill -- make the case that Mr. Obama has overstepped his authority in applying it."
Posted at 11:48 PM by Howard Bashman


"Q. & A.: Evan Wolfson on Winning the Gay-Marriage Fight." Richard Socarides has this blog post online today at The New Yorker.
Posted at 11:46 PM by Howard Bashman


"U.S. Supreme Court declines to hear part of redistricting lawsuit": The Montgomery Advertiser has this report.
Posted at 09:20 PM by Howard Bashman


"Justices Pass on Tax Case From Online Merchants": Adam Liptak will have this article in Tuesday's edition of The New York Times.

Robert Barnes of The Washington Post reports that "Supreme Court declines case on making online retailers collect sales taxes."

Richard Wolf of USA Today reports that "Supreme Court won't rule on state Internet sales taxes; Decision is a setback for online retailers Amazon.com and Overstock.com, which have battled New York State for five years over the collection of state sales taxes."

The Christian Science Monitor reports that "Supreme Court won't weigh in on online sales tax debate; Though Amazon and Overstock.com filed a constitutional challenge to states collecting sales tax on online purchases, for now it looks as if the battle will be waged state-by-state."

And Bill Mears of CNN.com reports that "Justices deny petitions over online sales taxes."
Posted at 09:14 PM by Howard Bashman



"New York lawsuit seeks 'legal personhood' for chimpanzees": Reuters has this report.

A related blog post from the organization that filed the lawsuit can be accessed here.
Posted at 06:18 PM by Howard Bashman



"No political ads on public radio and TV, 9th Circuit Court rules": Maura Dolan of The Los Angeles Times has this report.

Jonathan Stempel of Reuters reports that "U.S. court OKs ban on political ads on public TV, radio."

Byron Tau of Politico.com has a blog post titled "Court OKs public broadcasting ad ban."

At the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Appeals Court Won't Toss Public Television's Corporate Advertising Ban."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Public TV, Radio's Paid Ad Ban Upheld."

My earlier coverage of today's en banc Ninth Circuit ruling appears at this link.
Posted at 05:58 PM by Howard Bashman



"Pa. court clerk defends gay-marriage licenses": The Associated Press has a report that begins, "A suburban Philadelphia court clerk who defied Pennsylvania's ban on same-sex marriage by signing licenses for scores of gay couples urged the state's highest court Monday to overturn an order that required him to stop."
Posted at 05:44 PM by Howard Bashman


"Court of Appeals to Open En Banc Proceedings to Internet Viewing": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.

At her "Trial Insider" blog, Pamela A. MacLean has a post titled "9th Circuit Ready for a Close-up."

And The Associated Press reports that "S.F. federal court to begin broadcasting proceedings online."
Posted at 05:27 PM by Howard Bashman



"Miss. judge refuses to grant gay couple's divorce": The Associated Press has this report.
Posted at 05:23 PM by Howard Bashman


"SCOTUSblog on camera: J. Harvie Wilkinson, III -- Part seven." "SCOTUSblog" has posted this video online today, part seven of an eight-part interview. Tomorrow's final installment, in addition to finally revealing the interview's relevance to the U.S. Supreme Court, will also contain Judge Wilkinson's explanation for why, despite having been born in New York City, his New York accent is now all but unnoticeable.
Posted at 03:55 PM by Howard Bashman


"Supreme Court asks Obama admin for views on Natural Gas Act fight": Jeremy P. Jacobs of Greenwire has this report.
Posted at 03:51 PM by Howard Bashman


"U.S. court upholds ban on political, other ads on public TV": Reuters has this report on a ruling that an 11-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 01:10 PM by Howard Bashman


"Court seems wary in American Indian casino case": The Associated Press has a report that begins, "The Supreme Court seemed wary of making any changes to tribal sovereignty laws as it considered whether Michigan can permanently block an American Indian casino."
Posted at 01:03 PM by Howard Bashman


"Evaluating the Liability of Viewers of Child Pornography": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 12:30 PM 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 but called for the views of the Solicitor General in one case. And a direct appeal was dismissed for lack of jurisdiction.

The Court also issued a per curiam ruling in Ford Motor Co. v. United States, No. 13-113, summarily vacating the decision of the U.S. Court of Appeals for the Sixth Circuit in a tax-related case.

In early news coverage, The Associated Press reports that "Justices won't hear appeal of NY internet taxation" and "High court ends Liberty U. lawsuit over health law."

Greg Stohr of Bloomberg News reports that "Amazon Rejected by U.S. High Court on New York Sales Tax" and "Ford Gets New Court Hearing on $445 Million Interest Bid."

Reuters reports that "U.S. top court declines to hear online retailers tax case"; "U.S. Supreme Court throws out Ford tax ruling"; and "U.S. justices decline to hear another Obamacare challenge."

And at "SCOTUSblog," Lyle Denniston has a post titled "Challenge to ACA employer mandate fails."
Posted at 09:33 AM by Howard Bashman



"Alabama's Lightning-Strike Death Penalty System": Kenneth Jost has this post at his blog, "Jost On Justice."
Posted at 08:52 AM by Howard Bashman


"Our Broken Constitution: Everyone agrees that government isn't working; Are the founders to blame?" Jeffrey Toobin has this "Annals of Law" article (subscription required for full access) in the December 9, 2013 issue of The New Yorker.

Also in that issue, Douglas Starr has an article headlined "The Interview: Do police interrogation techniques produce false confessions?" (subscription required for full access).
Posted at 07:46 AM by Howard Bashman



"Contraceptive cases raise religious liberty issues": Jennifer Haberkorn of Politico.com has this report today.
Posted at 07:44 AM by Howard Bashman


"Death sentence for Craigslist killer to go before Florida Supreme Court": Today's edition of The Florida Times-Union of Jacksonville contains an article that begins, "A man who killed a Navy wife after answering her personal ad on Craigslist may end up changing the way death-penalty cases are defended in Florida."
Posted at 07:42 AM by Howard Bashman


"Stakes high as U.S. Supreme Court hears Michigan tribal case on gaming dispute": This front page article appears today in The Detroit Free Press.

And Michigan Radio reports that "Tribal sovereignty at issue in US Supreme Court case out of Michigan."
Posted at 07:40 AM by Howard Bashman



Sunday, December 1, 2013

"Supreme Court busy looking for cases -- but finding fewer than usual": Robert Barnes will have this article in Monday's edition of The Washington Post.
Posted at 09:36 PM by Howard Bashman


"U.S. terrorism program challenged: Former Stanford doctoral student fights 'no fly' lists in trial." Howard Mintz of The San Jose Mercury News has this report.
Posted at 07:52 PM by Howard Bashman


"Federal court to hear dispute over fuel taxes on Seminoles": The News Service of Florida has an article that begins, "A federal appeals court is poised to take up a long-running dispute about whether the Seminole Tribe of Florida should have to pay state taxes on fuel it uses on tribal lands."
Posted at 03:21 PM by Howard Bashman


"Court rejects religious argument against blood draw": The Marshfield (Wis.) News-Herald has an article that begins, "A state appeals court declined Wednesday to consider a whether an impaired Clark County motorist can refuse to submit to a blood draw on religious beliefs."

You can access last Wednesday's ruling of Wisconsin's District IV Court of Appeals at this link.
Posted at 03:20 PM by Howard Bashman



"John Doe recall probe could focus on free speech, Supreme Court makeup": In today's edition of The Milwaukee Journal Sentinel, Patrick Marley and Dave Umhoefer have a front page article that begins, "The legal and public relations battle over the investigation connected to the recall campaigns of Gov. Scott Walker and others could turn on free-speech issues and the makeup of the state Supreme Court."
Posted at 03:05 PM by Howard Bashman


"New Wyoming Supreme Court justice good fit for appellate work": The Casper Star-Tribune has this report. According to the article, to be a good fit for appellate work you should be bookish, smart, and wear a denim jacket.
Posted at 03:02 PM by Howard Bashman


"In some states, gays fight for right to divorce": The Associated Press has a report that begins, "Lauren Beth Czekala-Chatham wants to force Mississippi, one of the America's most conservative states, to recognize her same-sex marriage. She hopes to do so by getting a divorce."
Posted at 02:54 PM by Howard Bashman


"The Supreme Court confronts the line between free speech and security with protester's case": Robert Barnes has this front page article today in The Washington Post.
Posted at 12:38 PM by Howard Bashman


"Bill: You're under arrest, we'll need your DNA; So says Pennsylvania bill that may help solve crimes faster; Foes say it threatens civil rights." Peter Hall has this front page article today in The Morning Call of Allentown, Pennsylvania.
Posted at 12:33 PM by Howard Bashman


"Death penalty for Boston bomber a complicated question": USA Today has this report.
Posted at 12:30 PM by Howard Bashman


"Under the U.S. Supreme Court: Obamacare once more under the knife." Michael Kirkland of UPI has this report.
Posted at 09:14 AM by Howard Bashman






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