How Appealing

Friday, January 31, 2014

"Utah A.G. joins other states in defending Nevada's ban on gay marriage; They see a slippery slope in extending rights to same-sex couples": Brooke Adams of The Salt Lake Tribune has this news update.
Posted at 10:20 PM by Howard Bashman


"Lawyer will fight for Dzhokhar Tsarnaev's life": The Boston Herald has an article that begins, "Federal prosecutors are facing a legal obstacle course -- including a highly experienced anti-death-penalty defense attorney, a largely liberal Massachusetts jury pool and multiple appeals -- before they can win an execution order against accused Boston Marathon bomber Dzhokhar Tsarnaev."
Posted at 05:10 PM by Howard Bashman


Access online the January 2014 edition of "Appellate Issues," published by the ABA's Council of Appellate Lawyers: Via this link.

It contains articles titled "A Conversation With Solicitor General Donald B. Verrilli, Jr."; "Honing the Knife: Editing Effectively to Improve Legal Writing"; "Handling the Difficult Oral Argument"; "Making Appellate Briefs More Effective: Selecting Issues and Structuring the Argument "; and "The Art of Dissent."
Posted at 04:37 PM by Howard Bashman



"Mass. to appeal decision that murder convict Michelle Kosilek is entitled to sex change surgery": The Boston Globe has this news update.

The Boston Herald has a news update headlined "State to appeal order to pay for inmate's sex-change operation."

And The Associated Press reports that "Mass. appeals inmate's sex-reassignment surgery."
Posted at 02:41 PM by Howard Bashman



"Pressure mounts on law societies to reject faith-based school's graduates": Today's edition of The Toronto Globe and Mail contains a front page article that begins, "Concerned law professors are pressing their provincial societies to rethink recognizing graduates of a proposed new law program at Trinity Western University, a faith-based school that prohibits same-sex intimacy."

And Vancouver Sun columnist Daphne Bramham has an essay titled "Anti-gay pledge could result in Trinity Western's law degrees being worthless; B.C. Law Society has final say in approval of faculty; other provinces considering options."

You can access the web site of Trinity Western University's School of Law at this link, and the law school has posted online this FAQ addressing these issues.
Posted at 01:50 PM by Howard Bashman



"Rubio discusses decision to block Miami judge from reaching federal bench; Sen. Marco Rubio speaks to Local 10's Michael Putney": WPLG Local 10 of Miami has this video report.
Posted at 11:34 AM by Howard Bashman


"Muncie native joins U.S. Court of Appeals; Robert Wilkins confirmed by the Senate on Jan. 13": This front page article appears in today's edition of The Star Press of Muncie, Indiana.
Posted at 11:30 AM by Howard Bashman


"Shell scraps 2014 exploration, cites 9th Circuit's lease decision": Phil Taylor of Greenwire has this report.
Posted at 11:25 AM by Howard Bashman


"Injured bicyclist is testing whether the City of Mercer Island is immune from a lawsuit": kirotv.com of Seattle has this report on a ruling that the Supreme Court of Washington State issued yesterday.
Posted at 11:20 AM by Howard Bashman


Not so dear Abby: A unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit yesterday issued an opinion in Abby v. Howe denying Michigan state prisoner Leo Abby's appeal from the denial of his petition for writ of habeas corpus challenging a second-degree murder conviction.

According to the opinion's recitation of facts:

On November 4, 2003, a resident of Buena Vista, Michigan, found a human leg on his lawn. The man alerted the police, who found several plastic bags containing dismembered human limbs nearby. All of the recovered remains belonged to Calvin Tubbs, a friend of Abby's, who had last been seen on October 27, 2003.

Laboratory technicians found Abby's fingerprints on some of the plastic bags. They also recovered bits of Tubbs' flesh from a reciprocating saw that Abby had borrowed from his cousin on October 27, 2003. The police did not find any other physical evidence connecting Abby to the crime.

The opening brief for appellant can be accessed here.
Posted at 11:14 AM by Howard Bashman


Thursday, January 30, 2014

"Lawyers: Mo. moving too quickly on executions." The Associated Press has a report that begins, "By the time the U.S. Supreme Court refused a last-minute request to stay the execution of Herbert Smulls, the Missouri inmate was already dead."
Posted at 10:20 PM by Howard Bashman


"Court to allow Utah lengthier 'brief' in same-sex marriage appeal": The Deseret News has this update.
Posted at 10:16 PM by Howard Bashman


"Federal Judge Upholds State's Tough Assault Weapons Ban": Edmund H. Mahony of The Hartford Courant has this news update.

And The Associated Press reports that "US judge upholds Connecticut gun control law."

You can access today's ruling of the U.S. District Court for the District of Connecticut at this link.
Posted at 10:06 PM by Howard Bashman



"Maine supreme court: Transgender student's rights were violated; The court sides with Nicole Maines, who was a fifth-grader when she was required to use a school staff bathroom instead of the girls' restroom." The Portland Press Herald has this news update.

And The Associated Press has a report headlined "Court: Transgender student's rights were violated."

You can access today's ruling of the Supreme Judicial Court of Maine at this link.
Posted at 03:50 PM by Howard Bashman



"Can this brief save securities fraud class actions?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight today has a report that begins, "There is an awful lot of weight on David Boies's shoulders in the U.S. Supreme Court case known as Halliburton v. Erica P.John Fund."
Posted at 03:42 PM by Howard Bashman


"Federal prosecutors to seek death penalty against Marathon bombing suspect Dzhokhar Tsarnaev": The Boston Globe has this news update.

The Boston Herald has a news update headlined "AG to seek death penalty against Dzhokhar Tsarnaev."

And The Associated Press reports that "US prosecutors seek execution of marathon suspect."

You can access the "Notice of Intent to Seek the Death Penalty" that federal prosecutors filed today in the U.S. District Court for the District of Massachusetts at this link.
Posted at 02:46 PM by Howard Bashman



"4th Circuit has posted audio of arguments Tuesday in Snowden-related Lavabit case": Josh Gerstein has this tweet linking to the audio (mp3 file).

My earlier post about the oral argument can be accessed here.
Posted at 01:42 PM by Howard Bashman



"Originalism class 4: Brown." Eric Posner has this post today at his blog.

And at "The Volokh Conspiracy," Will Baude has a post titled "Does originalism justify Brown, and why do we care so much?"
Posted at 01:28 PM by Howard Bashman



"De Blasio Moves Closer to Settling Battle Over Stop-and-Frisk": Benjamin Weiser of The New York Times has this news update.

And The New York Post reports that "City set to drop stop-frisk appeal."

Update: The New York Times has updated the headline of its article to read "New York Reaches Agreement to End Battle Over Stop-and-Frisk."
Posted at 11:54 AM by Howard Bashman



"Holder To Decide Soon On Death Penalty For Tsarnaev": This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 11:33 AM by Howard Bashman


In news from Louisiana: The Times-Picayune of New Orleans reports that "Louisiana Supreme Court throws out $330 million ruling against drug companies."

And The Advocate of Baton Rouge reports that "La. high court reverses $258 million verdict; Attorney general sued over drug risk."

You can access Tuesday's 4-to-3 ruling of the Supreme Court of Louisiana at this link.

In other news, The Advocate reports that "La. Supreme Court upholds two statutes in gun law challenge."

And The Associated Press reports that "Louisiana Supreme Court upholds juvenile concealed handgun ban."

You can access Tuesday's unanimous ruling of the Supreme Court of Louisiana at this link.
Posted at 11:26 AM by Howard Bashman



"Iowa Supreme Court will review service dog case; Justices will decide if lawsuit can move ahead in civil court": Grant Rodgers has this article in today's edition of The Des Moines Register.
Posted at 11:18 AM by Howard Bashman


"Michigan Supreme Court takes right-to-work case": Paul Egan of The Detroit Free Press has a news update that begins, "The Michigan Supreme Court will rule on whether state employees are covered by the right-to-work law passed late in 2012, the court said today."
Posted at 11:14 AM by Howard Bashman


"A Conversation with Justice Scalia": Jessica Smith had this post yesterday at the blog "North Carolina Criminal Law."
Posted at 10:54 AM by Howard Bashman


"Book profile: A Conspiracy Against Obamacare -- The book based on the blog." Ronald Collins has this post today at "SCOTUSblog."
Posted at 10:52 AM by Howard Bashman


"Constitution Check: Is the Religious Freedom Restoration Act unconstitutional?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:50 AM by Howard Bashman


City of San Jose, California asks Ninth Circuit to expedite briefing and oral argument in appeal challenging the legal validity of the so-called "baseball exemption" to antitrust laws: You can access the motion to expedite, filed yesterday in the U.S. Court of Appeals for the Ninth Circuit, at this link.
Posted at 10:45 AM by Howard Bashman


"Secrecy Behind Executions": This editorial appears today in The New York Times.
Posted at 10:40 AM by Howard Bashman


"Ban on antigay therapy for kids upheld": Bob Egelko has this article today in The San Francisco Chronicle.

The Associated Press reports that "Court won't revisit California 'gay therapy' ban."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Anti-gay Therapy Ban Upheld."

You can access yesterday's Ninth Circuit order denying rehearing en banc, accompanied by a dissent therefrom and an amended opinion from the three-judge panel, at this link.
Posted at 10:33 AM by Howard Bashman



"Black House members pressure Obama to name African-American to federal bench": Mary Orndorff Troyan has this article today in The Montgomery (Ala.) Advertiser.

According to the article, "The state's only black federal judge, Abdul Kallon of Birmingham, is considered a likely candidate for Obama to nominate to the 11th Circuit Court of Appeals, which would create a third district court vacancy."
Posted at 10:28 AM by Howard Bashman



Wednesday, January 29, 2014

"Supreme Court lifts lower court stay of execution": The Associated Press has this report.
Posted at 10:43 PM by Howard Bashman


Law professor Rory Little interviews Solicitor General Donald B. Verrilli, Jr. You can view the video at this link, beginning at approximately the 30-minute mark (via Scott Graham).
Posted at 10:38 PM by Howard Bashman


"Defense in Loop bomb plot case to get secret terror court filings": The Chicago Tribune has this news update.

In Thursday's edition of The New York Times, Charlie Savage will have an article headlined "Warrantless Surveillance Challenged by Defendant."

Spencer Ackerman of The Guardian (UK) has an article headlined "Defence lawyers granted access to Fisa surveillance documents in terror case; Representatives for Adel Daoud allowed for the first time to view origins of evidence collected against him under surveillance law."

And The Associated Press has a report headlined "Judge: Defense in terror case can see secret docs."

You can access at this link today's ruling of the U.S. District Court for the Northern District of Illinois.
Posted at 10:28 PM by Howard Bashman



"Court fight stalling Mo. execution in final hours": The Associated Press has this report.
Posted at 10:18 PM by Howard Bashman


"Wash. to increase execution access": The Associated Press has this report.
Posted at 10:16 PM by Howard Bashman


"God vs. the Government: The Little Sisters case is not about a form; It's about who gets to decide what the form means." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 10:12 PM by Howard Bashman


"Supreme Court Ousts Attorney Who Sued to Oust Obama": Jess Bravin has this post at WSJ.com's "Law Blog."
Posted at 10:08 PM by Howard Bashman


"Strine confirmed as next chief justice of Delaware Supreme Court": The News Journal of Wilmington, Delaware has this news update.

Update: Tom Hals of Reuters reports that "Leo Strine confirmed as chief justice of Delaware's Supreme Court."
Posted at 07:21 PM by Howard Bashman



"US Supreme Court lifts stay of Missouri execution": The Associated Press has this report.
Posted at 05:58 PM by Howard Bashman


"Judge, 90: 'I Was Not Asleep.'" The afternoon, The New Haven Independent posted online a report that begins, "In a rare self-defense from the bench, a nonagenarian federal judge said she was merely 'bored,' not catching a few winks, while presiding over a New Haven trial involving the largest federal drug sweep in state history."

According to the article, "Judge Burns addressed the rumors from the bench. She said she wasn't sleeping, just taking notes." Last night, a photographer also captured Justice Ruth Bader Ginsburg taking notes during the State of the Union address.

Nearly two years ago, The New Haven Register published a profile of Senior U.S. District Judge Ellen Bree Burns headlined "Revered Judge Ellen Bree Burns, 88, still rules."
Posted at 05:55 PM by Howard Bashman



"Death penalty decision imminent in Boston bombing": Pete Yost of The Associated Press has this report.
Posted at 05:22 PM by Howard Bashman


"Hearing Offers Rare Peek at Guantanamo; Reporters, Advocates Observe Arguments on Whether a Detainee Can Return to Yemen": Jess Bravin has this article in today's edition of The Wall Street Journal.
Posted at 03:32 PM by Howard Bashman


"Obama wants to fix the patent system; Here's a crucial reform he overlooked": Timothy B. Lee has this entry, which is highly critical of the U.S. Court of Appeals for the Federal Circuit, online today at "The Switch" blog of The Washington Post.
Posted at 03:27 PM by Howard Bashman


"Same-sex marriage at the Supreme Court, again; The justices will probably have to face the issue again soon, and they should rule unequivocally that state bans violate the Constitution": This editorial appears today in The Los Angeles Times.
Posted at 03:22 PM by Howard Bashman


Hope to see you at the 2014 Third Circuit judicial conference: This year, the judicial conference of the U.S. Court of Appeals for the Third Circuit is taking place at the Hershey Lodge & Conference Center in Hershey, Pennsylvania from May 7 through 9, 2014 and is open to all lawyers. I have just booked my registration and lodging.

You can access the agenda at this link. Associate Justice Samuel A. Alito, Jr. is scheduled to speak at dinner on the first night of the event, and Solicitor General Donald B. Verrilli, Jr. is scheduled to speak at lunch on the second day.

It does not appear that the conference as of yet includes any formal law blog-related discussions, although a breakfast meeting on the second day of the event is titled "Ensuring Access to the Courts," with further details to be announced.
Posted at 03:06 PM by Howard Bashman



The ghost of Jimi Hendrix rocks the Ninth Circuit: Today, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued its ruling in Experience Hendrix, L.L.C. v. Hendrixlicensing.com.

Update: At the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Jimi Hendrix Estate Wins Appeal Over Unlicensed Merchandise; The 9th Circuit reverses a decision that declared Washington's publicity rights law to be unconstitutional."
Posted at 02:08 PM by Howard Bashman



"Lavabit case highlights legal fuzziness around encryption rules": PC World has this report on an appeal argued yesterday before a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit.

Sometime soon, a link to the oral argument audio should be available from the Fourth Circuit via this link.
Posted at 02:00 PM by Howard Bashman



"Kansas Supreme Court hears case of Roeder, killer of abortion doctor George Tiller; Argument focuses on jury instructions in 2009 trial": The Topeka Capital-Journal has this news update.

The Wichita Eagle has a news update headlined "Kansas Supreme Court skeptical of Roeder defense in Tiller shooting."

And The Associated Press reports that "Kan. court skeptical of defense in Tiller shooting."

At some point next week, the audio from today's oral argument in the Supreme Court of Kansas should be available online via this link.
Posted at 01:55 PM by Howard Bashman



"Paying a price for child pornography: Should a man who bought two photos of a girl being raped a decade before be held responsible for paying her full restitution?" This editorial appears today in The Los Angeles Times.
Posted at 11:23 AM by Howard Bashman


"Ex-AIG CEO loses appeal of bailout lawsuit vs N.Y. Fed": 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 11:20 AM by Howard Bashman


Ninth Circuit denies rehearing en banc of decision upholding California gay conversion therapy ban: Today, the original three-judge Ninth Circuit panel issued an amended opinion, which I have posted online at this link.

The amended opinion also includes an order denying rehearing en banc in these two related cases.

Circuit Judge Diarmuid F. O'Scannlain issued a dissent from the denial of rehearing en banc, in which two other judges joined. His dissent begins, "May the legislature avoid First Amendment judicial scrutiny by defining disfavored talk as 'conduct'? That is what these cases are really about."

My earlier coverage of the panel's original ruling can be accessed here.
Posted at 11:14 AM by Howard Bashman



"Kansas Supreme Court to hear Scott Roeder's appeal in abortion doctor George Tiller's death": The Associated Press has this report.
Posted at 09:35 AM by Howard Bashman


"Supreme Court Justice Temporarily Halts Execution Of Missouri Inmate": St. Louis Public Radio has this report.

And at Justia.com's Verdict, law professor Michael C. Dorf has an essay titled "The Supreme Court's Responsibility for Recent Death Penalty Mishaps."
Posted at 09:34 AM by Howard Bashman



"6 nominees selected for Hawaii Supreme Court": The Associated Press has this report.
Posted at 09:30 AM by Howard Bashman


"Dee Farmer Won a Landmark Supreme Court Case on Inmate Rights; But that's Not the Half of It": Alison Flowers has this lengthy cover story in the current issue of The Village Voice.
Posted at 09:28 AM by Howard Bashman


"Welcome to Tennessee, where lawmakers are trying to kneecap judges; So much for checks and balances": Andrew Cohen has this essay online today at The Week.
Posted at 09:18 AM by Howard Bashman


"3rd Circuit chief judge satisfied with Cebull investigation": This front page article appears today in The Billings (Mont.) Gazette.
Posted at 09:16 AM by Howard Bashman


"Justices Have Spotty Attendance at State of the Union": Tony Mauro had this post last night at "The BLT: The Blog of Legal Times."

And last night at WSJ.com's "Washington Wire" blog, Jess Bravin had a post titled "Obama Delivers Subtle Messages to Justices."
Posted at 09:12 AM by Howard Bashman



Tuesday, January 28, 2014

"Supreme Court orders stay of execution": The Associated Press has this report.
Posted at 11:26 PM by Howard Bashman


"Book review: New edition for a classic treatise." Tom Goldstein and Amy Howe have this post at "SCOTUSblog."
Posted at 07:32 PM by Howard Bashman


"Notre Dame Revives Bid for Injunction Over Contraception": At WSJ.com's "Law Blog," Louise Radnofsky has a post that begins, "The University of Notre Dame is trying again to get a court injunction so it can stop covering contraception for its employees, following a favorable Supreme Court order in a similar case."
Posted at 07:16 PM by Howard Bashman


"Federal appeals decision deals blow to Missouri death row inmates": The St. Louis Post-Dispatch has this article.

My earlier coverage of last Friday's en banc Eighth Circuit ruling can be accessed here.
Posted at 06:20 PM by Howard Bashman



"Adult bookstores win legal fight with Indianapolis": The Indianapolis Star has this article reporting on an opinion written by Circuit Judge Frank H. Easterbrook that a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued last Friday.
Posted at 06:02 PM by Howard Bashman


"Philly District Attorney files appeal of Monsignor William Lynn's overturned conviction": Philly.com has this report and has posted at this link the petition for allowance of appeal filed in the Supreme Court of Pennsylvania.

Update: In other coverage, The Associated Press reports that "Philly prosecutor appeals in landmark church case."
Posted at 05:04 PM by Howard Bashman



"Oklahoma Same-Sex Marriage appeal will be put on fast track": Chris Casteel of The Oklahoman has this news update.

You can view today's order of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 04:58 PM by Howard Bashman



"Bold challenge to a law on religion": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 03:58 PM by Howard Bashman


"In Swatch copyright opinion, 2nd Circuit boosts financial news cos." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 03:10 PM by Howard Bashman


"Restructuring the Federal Circuit": Law professor Jeremy W. Bock has posted this article online at SSRN (via "Appellate Advocacy Blog").
Posted at 03:07 PM by Howard Bashman


"Court rules in Argus Leader's favor on making food stamp data from businesses public": The Argus Leader of Sioux Falls, South Dakota has this news update.

And Josh Gerstein of Politico.com has a blog post titled "Court rejects secrecy for food stamp numbers."

You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 01:48 PM by Howard Bashman



"Yemeni held as 'forever prisoner' at Guantanamo asks to go home, start a 'milk and honey' business": Carol Rosenberg of The Miami Herald has this report.
Posted at 12:22 PM by Howard Bashman


"States consider reviving old-fashioned executions": The Associated Press has this report.
Posted at 12:13 PM by Howard Bashman


"Third Circuit Prepares to Sew Up Its Decision on GSK Corporate Citizenship": Saranac Hale Spencer has this front page article, in which I am quoted, in today's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.

Last Friday evening, I had this post linking to the appellate filings in the case, in which I am serving as appellate counsel for plaintiffs.
Posted at 12:11 PM by Howard Bashman



"Justices' Pharma Ruling Could Open New Avenue for Recovery": Max Mitchell has this front page article, in which I am quoted, in today's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.

This blog's most recent earlier coverage of the case, in which I served as appellate counsel for plaintiff, can be accessed here and here.
Posted at 12:06 PM by Howard Bashman



"High court denies compensation for changing clothes; Steelworkers had sought overtime for the time it takes to don protective gear, but all nine justices agree it's not compensable": Richard Wolf of USA Today has this report.

And Jess Bravin of The Wall Street Journal reports that "U.S. Steel Wins Supreme Court Labor Fight; Unionized Workers Aren't Entitled to Pay for Time Spent Putting on Safety Gear."
Posted at 10:50 AM by Howard Bashman



"Justices Allow a Bit of License in Choice of Words During a Possible Air Emergency": Adam Liptak has this article today in The New York Times.

In today's edition of The Washington Post, Robert Barnes has an article headlined "Supreme Court ruling backs airlines in reporting possible threats."

In today's edition of The Los Angeles Times, David G. Savage reports that "Supreme Court shields airlines in defamation case; Airlines are protected when reporting threatening or suspicious behavior to the TSA, even if the reports are misleading or exaggerated, the justices agree."

In today's edition of The Wall Street Journal, Jess Bravin has an article headlined "Supreme Court Gives Airlines Wide Security Discretion; Dismisses a Pilot's Defamation Suit."

USA Today reports that "Supreme Court overturns defamation case against airline; Air Wisconsin had reported one of its pilots as a security threat as a passenger because he was faced with job loss."

And Warren Richey of The Christian Science Monitor has an article headlined "Did airline unfairly report angry pilot to TSA? Supreme Court rules; A jury decided that Air Wisconsin was reckless in telling the TSA that one of its pilots could be armed and mentally unstable, resulting in his detainment; But the Supreme Court reversed the ruling."
Posted at 08:45 AM by Howard Bashman



Monday, January 27, 2014

"Stephen Glass, ex-journalist who fabricated stories, can't be lawyer": Maura Dolan of The Los Angeles Times has this report.

Bob Egelko of The San Francisco Chronicle reports that "Stephen Glass' lawyer case shut down by high court."

Tuesday's edition of The New York Times will contain an article headlined "California Denies Scorned Journalist Stephen Glass Right to Practice Law."

USA Today has an article headlined "No law license for ex-writer, fabricator Stephen Glass."

Karen Gullo of Bloomberg News reports that "Journalist Glass Barred From Practicing Law in California."

Dan Levine of Reuters has a report headlined "'Fabulist' Glass may not practice law in California: court."

CNN.com has a report headlined "Court: Serial liar Glass can't be a lawyer."

And Dylan Byers of Politico.com has a blog post titled "Stephen Glass denied California law license."

My earlier coverage of today's California Supreme Court ruling can be accessed here.
Posted at 10:38 PM by Howard Bashman



Ninth Circuit grants 30-day extension of deadline to seek rehearing and rehearing en banc in case holding that equal protection prohibits discrimination based on sexual orientation in jury selection: You can access today's order of the U.S. Court of Appeals for the Ninth Circuit granting the extension at this link.

Also available online are the motion requesting the extension and the prevailing party's answer in opposition.
Posted at 10:16 PM by Howard Bashman



"Corbett wants judge to reconsider voter ID ruling": The Philadelphia Inquirer has this news update.

And The Patriot-News of Harrisburg, Pennsylvania has a news update headlined "Gov. Tom Corbett's administration signals it will keep fighting for Pennsylvania's Voter ID law."
Posted at 10:12 PM by Howard Bashman



In the February 2014 issue of ABA Journal magazine: Mark Walsh has an article headlined "Did the EPA go too far in regulating greenhouse gases? SCOTUS to decide."

Mark Curriden has an article headlined "Meet the chief judge of the nation's most divisive, controversial and conservative appeals court."

Lorelei Laird has an article headlined "Generic drugs leave a bad taste for patients filing tort suits."

L. Jay Jackson has an article headlined "Governors battle to shape the judiciary without merit selection."

And the new installment of Bryan A. Garner's "On Words" column is titled "Textual citations make legal writing onerous, for lawyers and nonlawyers alike."
Posted at 10:06 PM by Howard Bashman



"Court gives Drakes Bay Oyster Co. a bit of a breather": Bob Egelko of The San Francisco Chronicle has a news update that begins, "An oyster farm at Point Reyes in Marin County can stay open while its owner makes a last-ditch attempt to get the U.S. Supreme Court to extend its lease in waters that Congress has designated as a marine wilderness."

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



"The Growing Impact of the Supreme Court's Gay-Marriage Ruling": Richard Socarides has this blog post online today at The New Yorker.
Posted at 09:00 PM by Howard Bashman


"Stephen Glass Should Be a Lawyer: The California Supreme Court's cruel, self-righteous decision to reject the disgraced journalist's bar application." David Plotz has this jurisprudence essay online at Slate.
Posted at 08:56 PM by Howard Bashman


"Analysis: Oh, the Places PA's Products Law Will Go After Lance Opinion." Amaris Elliott-Engel has this post today at her "Cultivated Compendium" blog.

Back in September 2011, Amaris covered the oral argument of the case before the Supreme Court of Pennsylvania for The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.
Posted at 03:54 PM by Howard Bashman



"Businesses Win Twice as U.S. High Court Rejects Lawsuits": Greg Stohr of Bloomberg News has this report.
Posted at 03:37 PM by Howard Bashman


"Opinion analysis: New limit on tougher drug sentence." Lyle Denniston has this post at "SCOTUSblog."

And at his "Suits & Sentences" blog, Michael Doyle of McClatchy Washington Bureau has a post titled "Supreme Court cuts dealer some slack in drug death case."
Posted at 02:15 PM by Howard Bashman



"Appeals court hears same-sex custody case in Conn." The Associated Press has this report about a case argued earlier today at a special sitting of the U.S. Court of Appeals for the Second Circuit.
Posted at 01:58 PM by Howard Bashman


"A Discredited Supreme Court Ruling That Still, Technically, Stands": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 01:44 PM by Howard Bashman


"Swatch loses to Bloomberg over analyst call: U.S. court": 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 01:40 PM by Howard Bashman


"Disgraced ex-journalist Stephen Glass loses bid to be California lawyer": Howard Mintz of The San Jose Mercury News has this update.

And The Associated Press has a report headlined "Court: Disgraced ex-journalist can't practice law."

You can access today's unanimous per curiam ruling of the Supreme Court of California at this link.
Posted at 01:36 PM by Howard Bashman



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

1. Justice Sonia Sotomayor delivered the opinion of the Court in Air Wisconsin Airlines Corp. v. Hoeper, No. 12-315. Justice Antonin Scalia issued an opinion concurring in part and dissenting in part, in which Justices Clarence Thomas and Elena Kagan joined. You can access the oral argument via this link.

2. Justice Scalia delivered the opinion of the Court in Sandifer v. United States Steel Corp., No. 12-417. All justices joined in the opinion in full, except for Justice Sotomayor, who did not join in a footnote. You can access the oral argument via this link.

3. And Justice Scalia also delivered the opinion of the Court in Burrage v. United States, No. 12-7515. Justice Ruth Bader Ginsburg issued an opinion concurring in the judgment, in which Justice Sotomayor joined. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Court rules for airline in pilot defamation claim" and "High court rules against steelworkers' claim."

Greg Stohr of Bloomberg News has reports headlined "Airlines Backed at High Court on Security Threat Reports" and "Workers Not Owed for Safety Gear Changing Time: Court."

And Lawrence Hurley of Reuters reports that "Supreme Court rules for airline in pilot's defamation case" and "U.S. Steel wins Supreme Court labor fight."
Posted at 10:04 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, but the Court did call for the views of the Solicitor General in one case.

In early news coverage, The Associated Press reports that "Court rejects ex-HealthSouth CEO Scrushy's appeal."

Greg Stohr and Susan Decker of Bloomberg News report that "J&J Escapes $482 Million Jury Verdict Over Heart Devices."

And Lawrence Hurley of Reuters reports that "U.S. Supreme Court rejects appeal in $482 million patent case."
Posted at 09:38 AM by Howard Bashman



"Gay Rights and the Courts: The Next Big Shoe Is Poised to Drop." Attorney Dominic Perella has this essay online today at msnbc.com.

And in related news coverage, The Associated Press has a report headlined "Attorneys promote gay marriage doc at Sundance" that begins, "Attorneys Ted Olson and David Boies once argued the Bush v. Gore case in front of the U.S. Supreme Court, but they say fighting California's law prohibiting same-sex marriage is the most significant thing they've done."
Posted at 08:22 AM by Howard Bashman



"Law license ruling set for disgraced ex-journalist": The Associated Press has a report that begins, "The California Supreme Court is set to decide whether disgraced former journalist Stephen Glass should be allowed to practice law in the state."

The Supreme Court of California has announced that it will deliver its ruling in the case -- presenting the question "Considering the applicant's extensive misconduct, is there sufficient evidence of rehabilitation to support the State Bar Court recommendation that he be admitted to the practice of law?" -- at 1 p.m. eastern time today. The opinion should be available via this link once posted online.
Posted at 08:14 AM by Howard Bashman



Sunday, January 26, 2014

"The Expanding Power of U.S. v. Windsor": Monday's edition of The New York Times will contain this editorial.
Posted at 10:18 PM by Howard Bashman


"Supreme Court veteran finds way at Akin Gump": This article will appear in Monday's edition of The Washington Post.
Posted at 10:16 PM by Howard Bashman


"Sen. Paul calls NSA lawsuit 'historic,' predicts a Supreme Court ruling": The Washington Times has this report.
Posted at 10:15 PM by Howard Bashman


"A Victory for the Little Sisters: The Supreme Court suspends ObamaCare's birth-control mandate." This editorial will appear in Monday's edition of The Wall Street Journal.
Posted at 10:14 PM by Howard Bashman


In Saturday's mail: I received a copy of the book "Power, Greed, and Hubris: Judicial Bribery in Mississippi," by James R. Crockett.

Earlier this month, The Clarion-Ledger of Jackson, Mississippi published a related article headlined "James R. Crockett: Latest release chronicles scandals of trial lawyers."
Posted at 03:20 PM by Howard Bashman



"Federal Judges Rule Execution Drug Supplier Can Be Secret, But Documents Point To Likely Identity": St. Louis Public Radio had this report last night.

And online today at The Atlantic, Andrew Cohen has an essay titled "Federal Appeals Court Backs Lethal Injection Secrecy in Missouri; A sharply divided Eighth Circuit late Friday issued the first federal appeals court ruling about secrecy over lethal injection drugs; The majority's ruling, five days before a scheduled execution, is a disaster for supporters of government transparency."

You can access Friday's 7-to-3 ruling of the en banc U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 02:38 PM by Howard Bashman



"Will The End Of The Filibuster Mean Obama Starts Nominating Less Corporate Judges?" Ryan J. Reilly of The Huffington Post has this report today.
Posted at 11:36 AM by Howard Bashman


"Court hears buffer-zone argument": Columnist Jeff Jacoby has this op-ed today in The Boston Globe.
Posted at 10:18 AM by Howard Bashman


"20-week abortion ban still a victory, say ND abortion opponents": This article appears today in The Forum of Fargo-Moorhead, North Dakota.
Posted at 10:16 AM by Howard Bashman


"Off Topic: California Supreme Court Chief Justice Tani Cantil-Sakauye." Today's edition of The Sacramento Bee contains this interview with the Chief Justice of the Supreme Court of California. You can also access related video from the interview on YouTube.
Posted at 10:14 AM by Howard Bashman


"Tennessee Plan's processes flawed: Commission that determines whether judges will be retained has been breaking its own rules for years." The Tennessean contains this editorial today.
Posted at 10:02 AM by Howard Bashman


"Game of Thrones: Toal-Pleicones SC Supreme Court race is fierce behind-the-scenes duel to career death." This front page article appears today in The State of Columbia, South Carolina.
Posted at 10:00 AM by Howard Bashman


"Under the U.S. Supreme Court: Sharing a smartphone with police." Michael Kirkland of UPI has this report.
Posted at 09:40 AM by Howard Bashman


Saturday, January 25, 2014

"Battle at the Supreme Court: Obama vs. The Nuns, Part 2; Laboring for weeks over a temporary Obamacare injunction, the Supreme Court delivers a victory for the Little Sisters." Massimo Calabresi has this post at the "Swampland" blog of Time magazine.
Posted at 05:55 PM by Howard Bashman


"Judges' advice on Marc Nadon Supreme Court appointment cost $11K; Federal government paid former judges, expert for legal opinion before naming Federal Court judge": CBC News has this report.
Posted at 05:52 PM by Howard Bashman


"New Guantanamo hearings limit media, NGO access": The Associated Press has this report.
Posted at 02:44 PM by Howard Bashman


"Brownback opines on same-sex marriage, sperm donor ruling; U.S. courts strike Utah, Oklahoma gay marriage bans similar to Kansas'": Tim Carpenter has this front page article today in The Topeka Capital-Journal.
Posted at 02:40 PM by Howard Bashman


"Pennsylvania Supreme Court reinstates child porn charges in Lehigh County sexting case; Top state court says county judge erred in dismissing porn charges against girl": Peter Hall has this front page article in Sunday's early edition of The Morning Call of Allentown, Pennsylvania.

You can access Thursday's order of the Supreme Court of Pennsylvania at this link.
Posted at 02:34 PM by Howard Bashman



Friday, January 24, 2014

"FBI: Glitches, Not Cyberattack, Disrupted Court Websites; Technical Problem Prevented Lawyers from Filing Documents, Reading Case Files." The Wall Street Journal has this report.

You can freely access the full text of the article via Google.
Posted at 11:52 PM by Howard Bashman



"Ruling against housing exemption for clergy headed for appeal": The Wisconsin State Journal has an article that begins, "The federal government filed notice Friday that it will appeal a federal judge's ruling that a law allowing clergy members to avoid paying income taxes on salary designated as a housing allowance was unconstitutional."
Posted at 10:23 PM by Howard Bashman


"Online attack cripples U.S. court system": Brian Fung has this entry at "The Switch" blog of The Washington Post.

And The Washington Times reports that "Cyber attack hits federal judiciary websites, filing systems."
Posted at 10:20 PM by Howard Bashman



"Supreme Court says nuns are exempt for now from Obamacare contraceptives rule": Robert Barnes of The Washington Post has this news update.

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court blocks contraceptives rule for religious groups."

Richard Wolf of USA Today reports that "High court grants exemption from birth control mandate; The challenge by religious organizations that don't want to be involved in birth control coverage is separate from another brought by for-profit businesses, which the high court will hear this spring."

Warren Richey of The Christian Science Monitor has an article headlined "Obamacare: Supreme Court hands nuns temporary victory on contraceptives; The Supreme Court blocked enforcement of Obamacare's contraceptive mandate and said the nuns were not required to use the procedure set up by the government as an accommodation for religious groups."

Josh Gerstein and Jennifer Haberkorn of Politico.com report that "Supreme Court grants temporary reprieve from contraceptive mandate."

Bill Mears of CNN.com reports that "Charity gets win for now over Obamacare on contraception."

At "The Note" blog of ABC News, Ariane de Vogue has a post titled "Supreme Court Allows Nuns to Opt Out of Contraceptive Mandate for Now."

And The Hill has a blog post titled "Court hands nuns a temporary win on birth control mandate."
Posted at 09:06 PM by Howard Bashman



"Colorado Supreme Court risks bias charge with $3,200 Broncos banners": The Denver Post has this news update.
Posted at 08:54 PM by Howard Bashman


"At 25 Years and 26 Days, Chief Justice Hecht Marks History as Longest-Serving Justice": The Supreme Court of Texas today issued a news release that begins, "Texas' longest-serving appellate judge, Chief Justice Nathan L. Hecht, celebrates a new milestone Sunday: longest-serving justice in state Supreme Court history."
Posted at 07:46 PM by Howard Bashman


Third Circuit grants plaintiffs' petition for permission to appeal in case challenging the lawfulness of GSK's diversity re-removals of state court Paxil personal injury cases more than one year after the cases were filed in state court: This afternoon, a three-judge panel of the U.S. Court of Appeals for the Third Circuit entered an order granting my clients' petition for permission to appeal in a case presenting the question "Whether a defendant may remove a case a second time based on diversity jurisdiction more than one year after the commencement of the case?"

Also available online, in addition to my clients' petition for permission to appeal, are GSK's answer in opposition and my clients' motion for leave to file a reply (with reply attached). In addition to granting permission to appeal, today's Third Circuit order also permitted my client's reply. Earlier posts reporting on the case can be accessed here, here, and here.

As a result of today's order, the appeal will now proceed to a decision on the merits following full briefing and, should the Third Circuit desire it, oral argument.
Posted at 07:32 PM by Howard Bashman



"Court system hit with cyberattack": Tony Romm of Politico.com has a report that begins, "Unidentified hackers took aim at the federal court system Friday, blocking access to its public website while preventing lawyers and litigants from filing legal documents online."

I am pleased to report that the uscourts.gov web site appears to be back online at this time.
Posted at 07:06 PM by Howard Bashman



"Justices Extend Order Blocking Contraception Mandate for Nuns": Adam Liptak of The New York Times has this news update.
Posted at 05:20 PM by Howard Bashman


Say what you will about Gmail's reliability, but what's up with "Uscourts.gov is DOWN for everyone"? The current outage of the uscourts.gov domain may impede this blog's timely coverage of federal appellate court developments for the remainder of the outage.
Posted at 04:20 PM by Howard Bashman


"Partial win for Little Sisters": Lyle Denniston has this post at "SCOTUSblog."

You can access this afternoon's order of the U.S. Supreme Court at this link.

Update: In other coverage, The Associated Press reports that "Court gives nuns a compromise on health care issue."

Lawrence Hurley of Reuters reports that "Nuns get partial win in Supreme Court contraception fight."

And Greg Stohr of Bloomberg News reports that "Nuns Don't Need to Fill Out Obama Contraceptive Form, Court Says."
Posted at 04:15 PM by Howard Bashman



"Superfund offers model for child porn restitution -- Obama admin": Jeremy P. Jacobs of Greenwire has this report.
Posted at 03:10 PM by Howard Bashman


"Appeals Court Won't Rehear Fox's Attempt to Stop Dish's 'Hopper' Ad-Skipper": At the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has this post reporting on an order and amended opinion that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 01:42 PM by Howard Bashman


"Iowa Supreme Court will review HIV criminalization case": Grant Rodgers of The Des Moines Register has this news update.
Posted at 01:18 PM by Howard Bashman


"Gay rights and judges: A thumb on the scales." This post appears today at the "Democracy in America" blog of The Economist.
Posted at 01:16 PM by Howard Bashman


"Sandra Day O'Connor to open new Stockton College lecture series": The Newark (N.J.) Star-Ledger has this report.

A news release that the college issued last week can be viewed at this link.
Posted at 01:14 PM by Howard Bashman



"Lawyer Fighting Chevron Hires a Heavy for Appeal": Jennifer Smith has this post at WSJ.com's "Law Blog."
Posted at 01:02 PM by Howard Bashman


"More Mischief from Judge Reinhardt": Ed Whelan has this post today at National Review Online's "Bench Memos" blog.
Posted at 12:48 PM by Howard Bashman


"As best the record showed, Enmund was a schmo hired to drive the getaway car for a robbery gone wrong": A longtime reader of this blog has emailed to observe that Ninth Circuit Chief Judge Alex Kozinski's use of the word "schmo" in an opinion concurring in part issued yesterday appears to be the first use of that word in a published U.S. Court of Appeals ruling.

The schmo in question, according to Chief Judge Kozinski, was the petitioner in Enmund v. Florida. For the record, it appears that Enmund's first name was Earl, not Joe.

A Westlaw search reveals that "schmo" has appeared more than a handful of times in federal district court opinions and in the appellate rulings of various state courts.
Posted at 11:50 AM by Howard Bashman



"Little Sisters: A further order, or not?" Lyle Denniston has this post today at "SCOTUSblog."
Posted at 10:45 AM by Howard Bashman


D.C. Circuit allows federal death row inmate to intervene in lawsuit challenging the federal government's method of carrying out lethal injections and its failure to disclose its execution procedures: You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 10:42 AM by Howard Bashman


FindLaw's "Technologist" blog recommends "50 Twitter Accounts Lawyers Should Follow Religiously": At the risk of offending the quasi-constitutional separation of church and Twitter, you can find that blog's recommendations in two posts, here (part one) and here (part two).

The "How Appealing" blog's Twitter feed somehow managed to sneak in under the wire as a fan favorite on part two of the list.
Posted at 10:35 AM by Howard Bashman



"Marotta plans to appeal court's sperm donor decision; Marotta 'almost' ready to go to jail rather than pay back child care payments": Steve Fry has this front page article today in The Topeka Capital-Journal.
Posted at 10:27 AM by Howard Bashman


"Google will appeal German court ruling on orgy pix": The Associated Press has this report.

Reuters reports that "German court orders Google to block Max Mosley sex pictures."

Bloomberg News reports that "Google to Block 6 Photos Showing Mosley Sex Party."

And in local coverage, Die Welt reports that "Google darf Sex-Fotos von Max Mosley nicht anzeigen." The newspaper previewed today's ruling in an article headlined "Google furchtet um seinen wertvollen Suchindex."

Earlier, Der Spiegel reported on the case in an article (available in English) headlined "Man versus Machine: Max Mosley's Battle against Google Hits the Courts."
Posted at 10:22 AM by Howard Bashman



"Pa. Supreme Court Says Drug Companies Can Be Sued For Marketing Dangerous Drugs": A LexisNexis litigation blog has posted online this report from Mealey's.

And Dan Packel of Law360 reports that "Pa. Pharma Ruling Opens New Front In Mass Tort Battles" (subscription required for full access).

My earlier coverage of Tuesday's Pennsylvania Supreme Court ruling, in a case in which I served as appellate counsel for plaintiff, can be accessed here and here.
Posted at 08:37 AM by Howard Bashman



"Alabama would avoid federal elections supervision under new bill; Congress debates renewing part of Voting Rights Act that U.S. Supreme Court tossed": Mary Orndorff Troyan has this front page article in today's edition of The Montgomery Advertiser.
Posted at 08:32 AM by Howard Bashman


"Herring sparks clash on gay marriage": This front page article appears today in The Richmond (Va.) Times-Dispatch.
Posted at 08:30 AM by Howard Bashman


"Iowa justices weigh whether defamation suit victory stifles political speech": Grant Rodgers has this article today in The Des Moines Register.

And The Quad-City Times of Davenport, Iowa reports that "Political ad grabs attention of Iowa's top court."
Posted at 08:28 AM by Howard Bashman



"Bill seeks at least 35 years for young killers": Today's edition of The Boston Globe contains an article that begins, "A group of state lawmakers is proposing legislation that would require juvenile murderers to serve at least 35 years in prison before being eligible for parole, in direct response to a Supreme Judicial Court ruling that struck down life sentences without the possibility of parole for young killers."
Posted at 08:26 AM by Howard Bashman


"Conservatives' sentencing law gets a grilling at Supreme Court hearing": Sean Fine has this article today in The Toronto Globe and Mail.
Posted at 08:24 AM by Howard Bashman


"Sotomayor to law students: 'You give me hope.'" The GW Hatchet has this report.
Posted at 08:22 AM by Howard Bashman


Thursday, January 23, 2014

"Appeals court: Indian inmate can use sweat lodge." The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.
Posted at 11:00 PM by Howard Bashman


"Riddle's suit overturns law on political money": The Durango (Colo.) Herald has this report on a ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.
Posted at 10:58 PM by Howard Bashman


"Appeals court orders new hearing for Yuma rest-stop killer": Cronkite News has this report.

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Split Court Temporarily Stops Arizona Execution."

You can access today's ruling of an 11-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:37 PM by Howard Bashman



"Orange County lawyer disbarred for possessing child pornography": Maura Dolan of The Los Angeles Times has this news update.

The Associated Press has a report headlined "Court: Lawyers will be disbarred over child porn."

And at her "Trial Insider" blog, Pamela A. MacLean -- who previously wrote a lengthy article about the case for California Lawyer magazine -- has a post titled "Child Porn Possession Means Lawyer Disbarment in All Cases."

You can access today's unanimous ruling of the Supreme Court of California at this link.
Posted at 04:55 PM by Howard Bashman



"U.S. tobacco companies' appeal to delay court-ordered advertising blitz": David Ingram of Reuters has this report.
Posted at 04:50 PM by Howard Bashman


"MBS investors bring in Paul Clement to appeal N.Y. timeliness opinion": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 04:48 PM by Howard Bashman


"San Jose appeals antitrust case against MLB": Howard Mintz of The San Jose Mercury News has this update.
Posted at 04:05 PM by Howard Bashman


"Attorney accused of defending Amendment 3 to impose religious viewpoint": The Deseret News has this report.
Posted at 02:00 PM by Howard Bashman


"High-court majority reaffirms Freshwater's dismissal": The Columbus Dispatch has an article that begins, "The Ohio Supreme Court will not revisit its 4-3 decision that found a Mount Vernon teacher was legally dismissed for insubordination when he refused to remove religious symbols from his classroom."

My earlier coverage of the ruling appears at this link.
Posted at 01:46 PM by Howard Bashman



"Constitution Check: Has the Supreme Court already settled the fate of gay marriage bans?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 01:35 PM by Howard Bashman


"Can Gays Be Kept Off Juries?" Online at Bloomberg View, law professor Noah Feldman has an essay that begins, "The last liberal lion is on the hunt again."
Posted at 01:30 PM by Howard Bashman


"A closer look: Pa. Supreme Court decision on fracking." This front page article appears today in The Williamsport Sun-Gazette.
Posted at 01:22 PM by Howard Bashman


In posts of note at WSJ.com's "Law Blog": Liz Hoffman has a post titled "Delaware Takes Fight Over Arbitration To U.S. Supreme Court" containing this link to the petition for writ of certiorari.

And Jacob Gershman has a post titled "New Study Counters Assumptions About Impact of Citizens United."
Posted at 01:16 PM by Howard Bashman



"Opinion analysis: Justices unimpressed with Federal Circuit's mastery of federal procedure curriculum." Ronald Mann has this post today at "SCOTUSblog."
Posted at 12:14 PM by Howard Bashman


"Puerto Rico judge's son convicted of murder": The Associated Press has a report that begins, "The son of a U.S. district court judge has been found guilty of killing his wife at their home in a wealthy suburb in Puerto Rico."

In local coverage, Primera Hora reports that "Pablo Casellas ya esta en la carcel de Bayamon."

And El Nuevo Dia has a report headlined "Vestido de preso y en maxima seguridad Casellas Toro."
Posted at 10:38 AM by Howard Bashman



"Circuit Split Watch: Are 'Boobies' Bracelets the New Black Armbands?" Michelle Olsen has this post today at her "Appellate Daily" blog.
Posted at 10:28 AM by Howard Bashman


"Drugmakers May Face Liability For Design Defects in Pa. Court": Max Mitchell has this front page article, in which I am quoted, in today's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.

And today at the defense-oriented "Drug and Device Law" blog, James M. Beck has a post titled "Lance -- If This Is Negligence, Who Needs Strict Liability?"

Tuesday's ruling of the Supreme Court of Pennsylvania in this case, in which I represented the plaintiff on appeal, consisted of a majority opinion and a dissenting opinion.

The following merits briefs filed in Pennsylvania's highest court in this case can be accessed online: (1) Wyeth's Brief for Appellant; plaintiff's Brief for Appellee/Cross-Appellant; the amicus brief of the American Association for Justice and the Pennsylvania Association for Justice in support of plaintiff; Wyeth's Reply Brief for Appellant/Brief for Cross-Appellee; and the plaintiff's Reply Brief for Cross-Appellant.

In addition to The Legal Intelligencer, thus far Dan Packel of Law360 (subscription required for full access) and Jessica Dye of Reuters (subscription required to access) have reported on the ruling. And Bloomberg BNA's Product Safety & Liability Reporter (subscription required) is also preparing a report on the decision.
Posted at 10:24 AM by Howard Bashman



"Supreme Court will hear Fifth Third 401(k) lawsuit; Employees: Bank knew stock too risky for 401(k)." The Cincinnati Enquirer has this report.
Posted at 08:45 AM by Howard Bashman


"Drakes Bay Oyster Co. files court action to remain open while preparing for Supreme Court": The Marin Independent Journal has this report.
Posted at 08:42 AM by Howard Bashman


"Supreme Court ruling on Abramski could limit Obama's radical, gun-control aims; ATF using straw purchase law to expand government control of private firearms transfers": Columnist Emily Miller has this essay online at The Washington Times.
Posted at 08:34 AM by Howard Bashman


"Virginia to fight same-sex marriage ban": Robert Barnes has this front page article today in The Washington Post.
Posted at 08:32 AM by Howard Bashman


"Anti-abortion group seeks Supreme Court changes; Selection of justices key to fight against abortion, group says": The Topeka Capital-Journal has this report.
Posted at 08:29 AM by Howard Bashman


"Supreme Court considers who should pay damages to child-porn victim; The justices are asked to decide whether the Crime Victims' Rights Act should let a child-pornography victim collect $3.4 million in damages from one of thousands who had photos of her rape": David G. Savage has this article today in The Los Angeles Times.

The Dallas Morning News reports today that "Supreme Court struggles to determine how to compensate child-porn victim."

And Cheryl Wetzstein of The Washington Time reports that "Supreme Court struggles with restitution for child porn."
Posted at 08:26 AM by Howard Bashman



Wednesday, January 22, 2014

"Supreme Court denies stay of execution in Texas for Mexican": Reuters has a report that begins, "The U.S. Supreme Court denied a stay of execution for Mexican national Edgar Tamayo on Wednesday, allowing Texas to put to death the convicted killer who is also at the center of a diplomatic dispute."

You can view this evening's order of the U.S. Supreme Court at this link.
Posted at 10:32 PM by Howard Bashman



"Supreme Court weighs how much one person should pay pornography victim": Robert Barnes will have this article in Thursday's edition of The Washington Post.

And Warren Richey of The Christian Science Monitor has an article headlined "Child porn: $3.4 million for two photos? Court grapples with restitution; The US Supreme Court hears arguments on whether consumers of child pornography should pay full restitution for the harm caused the child victim -- or some proportional share."
Posted at 09:30 PM by Howard Bashman



"We've Got Your Number": Linda Greenhouse has this essay online at The New York Times.
Posted at 09:23 PM by Howard Bashman


"U.S. appeals court won't revisit California fuel standard ruling": Dan Levine and Rory Carroll of Reuters have this report.

And Courthouse News Service reports that "Calif. Emissions Dispute Inspires Biting Dissent."

You can access today's order of the U.S. Court of Appeals of the Ninth Circuit denying rehearing en banc, and the opinions concurring in and dissenting from that order, at this link.
Posted at 09:07 PM by Howard Bashman



"Cape Wind and FAA win federal court case over turbines and radar": The Cape Cod Times has this news update reporting on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 08:55 PM by Howard Bashman


"How Much Does Doyle Paroline Owe? He possessed two pornographic pictures of 8-year-old 'Amy'; Should he pay her $3.4 million in restitution? Or $0?" Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 07:36 PM by Howard Bashman


"Justices Struggle to Determine Restitution Over Child Pornography": Adam Liptak will have this article in Thursday's edition of The New York Times.

Bill Mears of CNN.com reports that "Justices debate restitution for child porn victims."

And on this evening's broadcast of NPR's "All Things Considered," Carrie Johnson had an audio segment titled "In Child Pornography Cases, Collectors Might Be Charged Too."
Posted at 05:58 PM by Howard Bashman



"Court: Marotta is a father, not merely a sperm donor; Man responding to Craigslist ad now responsible for child support." The Topeka Capital-Journal has this news update.
Posted at 05:54 PM by Howard Bashman


Appellate pet peeve: Why not install the italics font pack? Much more frequently than I would prefer, I see appellate briefs and motions filed by major law firms that simply use slanted plain text for italics in place of actually installing and using the italics font pack for the font that the document's author has elected to use.

Compare the italics used in this important rehearing petition (italics font pack not installed) filed today in the Seventh Circuit with the italics used on page one of Justice Stephen G. Breyer's opinion (italics font pack installed) that a unanimous U.S. Supreme Court issued today in Medtronic Inc. v. Boston Scientific Corp., No. 12-1128.

One readily identifiable difference is how an italicized lower case "a" appears if the italics font pack has or has not been installed. If the italicized font pack is good enough for the U.S. Supreme Court to use, then it is good enough for practicing lawyers to use as well. Just one appellate lawyer's humble opinion.
Posted at 05:50 PM by Howard Bashman



"Appeals court rules offshore oil leases in Alaska Arctic are too flawed": The Anchorage Daily News has this update.

And The Associated Press reports that "Judges say Arctic offshore lease sale was flawed."

You can access at this link today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 05:32 PM by Howard Bashman



"Supreme Court upends top patent court's 'burden of proof' rule; The burden of proving infringement is always on a patent owner, high court says": Joe Mullin of Ars Technica has this report.

And at "Patently-O," Dennis Crouch has a post titled "Supreme Court Reverses Federal Circuit: Holds that Patentees Always have Burden of Proving Infringement."
Posted at 05:14 PM by Howard Bashman



"Judges build on Supreme Court's Windsor ruling to extend gay rights": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 05:10 PM by Howard Bashman


"Justices ponder 'straw purchasers' gun law": Jesse J. Holland of The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: When compromise is the problem."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Abramski v. United States, No. 12-1493.

Update: At Politico.com, Josh Gerstein has a blog post titled "Justices wrestle with law key to Fast & Furious storm."
Posted at 03:30 PM by Howard Bashman



"Supreme Court weighs restitution in child pornography case; Justices want victim to be compensated, but they don't like the options": Richard Wolf of USA Today has this report.

Lawrence Hurley of Reuters reports that "U.S. justices weigh child porn restitution."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: Sorting out the blame."
Posted at 03:14 PM by Howard Bashman



"Anonymous pre-election hit piece on Horne was legal, attorneys argue": Howard Fischer of The Arizona Daily Star has an article that begins, "A lawyer for the Democratic Attorneys General Association told the state Court of Appeals Tuesday that organizations have a constitutional right to run what amounts to anonymous 'hit pieces' on candidates right before the election."
Posted at 01:12 PM by Howard Bashman


"9th Circuit's Decision in Big Lagoon Case Spells Trouble (breakdown)": Today at the "Turtle Talk" blog, Bryan Newland has this post about a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday.

The substance of the blog post begins, "Judge Block's analysis contained in the decision was so stunningly and thoroughly poor, that there is not enough space or time to address every wrong point in this post (and this is a long post)."

The majority opinion was written by a senior U.S. District Judge visiting from outside of the Ninth Circuit and joined in by a Senior Ninth Circuit Judge. The third judge on the panel, a Ninth Circuit Judge in active service, dissented. As a result, this case may have a better than ordinary chance of obtaining en banc review.
Posted at 01:10 PM by Howard Bashman



"Chancery appeals to US Supreme Court on secret panels": Sean O'Sullivan and Maureen Milford of The News Journal of Wilmington, Delaware have this report.
Posted at 01:00 PM by Howard Bashman


"Online game has law nerds lining up for bragging rights": This front page article featuring Josh Blackman appears today in The Houston Chronicle.
Posted at 11:52 AM by Howard Bashman


"Court struggles with restitution for child porn": Mark Sherman of The Associated Press has this report.

Update: You can access at this link the transcript of today's U.S. Supreme Court oral argument in Paroline v. United States, No. 12-8561.
Posted at 11:35 AM by Howard Bashman



Access online today's ruling in an argued case of the U.S. Supreme Court: Justice Stephen G. Breyer delivered the opinion for a unanimous Court in Medtronic Inc. v. Boston Scientific Corp., No. 12-1128. You can access the oral argument via this link.

Update: In news coverage, Reuters reports that "U.S. Supreme Court tosses out Medtronic pacemaker patent loss."
Posted at 10:08 AM by Howard Bashman



Victory for the plaintiff in Lance v. Wyeth: As I noted yesterday evening, the Supreme Court of Pennsylvania decided yesterday the appeal that I had orally argued on behalf of the plaintiff more than two years and four months ago.

Due to yesterday's large snowstorm in the Philadelphia area, the Pa. Supreme Court's Philadelphia filing office wasn't able to post the majority or dissenting opinion online yesterday. Thus, I did not know whether the outcome of the case noted in the docket -- affirmed in part and reversed in part -- signified a full or partial victory for my client or a total defeat.

This morning, Pennsylvania's highest court posted the opinions in the case online, consisting of the majority opinion in which four justices joined and a dissenting opinion in which two justices joined. The bottom line is that my client prevailed, making the long wait for a ruling at least somewhat more palatable.

You can access the briefs filed in the case via two earlier posts, here and here.
Posted at 09:47 AM by Howard Bashman



"Sexual Orientation Is No Basis for Jury Exclusion, a Federal Appeals Court Rules": Adam Liptak has this article today in The New York Times.
Posted at 07:55 AM by Howard Bashman


Tuesday, January 21, 2014

"41 years after Roe v. Wade, abortion foes undaunted; In annual report, National Right to Life Committee applauds antiabortion measures in states, and takes the long view on getting measures through Congress and before the Supreme Court": Linda Feldmann of The Christian Science Monitor has this report.
Posted at 10:38 PM by Howard Bashman


"U.S. Supreme Court asked to review Delaware's 'secret trials' case": Tom Hals of Reuters has this report.
Posted at 10:09 PM by Howard Bashman


"The New Aaron Swartz Documentary at Sundance": Tim Wu has this blog post online today at The New Yorker.
Posted at 10:07 PM by Howard Bashman


"Texas Prepares to Execute Mexican Despite Concerns That His Arrest Violated Law": Manny Fernandez will have this article in Wednesday's edition of The New York Times.
Posted at 10:05 PM by Howard Bashman


"Disarming the White House": Norman J. Ornstein will have this op-ed about the pending U.S. Supreme Court recess appointment case in Wednesday's edition of The New York Times.
Posted at 10:03 PM by Howard Bashman


"Justices Appear Divided On a Sweeping Challenge To Public Workers' Unions": 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 considers major change in public employee unions."

David G. Savage of The Los Angeles Times reports that "Supreme Court considers striking down mandatory public union dues."

Richard Wolf of USA Today reports that "Justices hear case threatening public employee unions; An effort by home-care workers to opt out of union representation threatens the labor movement."

On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "High Court Considers Legality Of 'Fair Share' Union Fees."

At Education Week's "School Law" blog, Mark Walsh has a post titled "Supreme Court Weighs High-Stakes Case on Union Fees."

At Forbes.com, Daniel Fisher has a post titled "Supreme Court Debate: Are Public-Sector Unions Too Political?"

And online at The Atlantic, law professor Garrett Epps has an essay titled "The Supreme Court Case That Could Clobber Public-Sector Unions."
Posted at 10:00 PM by Howard Bashman



"I'm hoping for a victory for crime victims' rights tomorrow before the Supreme Court": Paul Cassell has this post at "The (newly relocated) Volokh Conspiracy" about the case he will be arguing tomorrow at the U.S. Supreme Court.
Posted at 06:07 PM by Howard Bashman


"Argument preview: Checking up on gun buyers." Lyle Denniston has this post at "SCOTUSblog."
Posted at 05:56 PM by Howard Bashman


"Court: Jurors can't be dismissed because of sexual orientation." Bob Egelko of The San Francisco Chronicle has this news update.
Posted at 05:54 PM by Howard Bashman


"Citizens United, 4 years later": Byron Tau of Politico.com has this report.
Posted at 05:52 PM by Howard Bashman


"Filibuster Challenge Meets Resistance in D.C. Circuit": Todd Ruger has this post at "The BLT: The Blog of Legal Times."

You can access via this link the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit.
Posted at 05:46 PM by Howard Bashman



After waiting more than two years and four months, what's one more day? The Supreme Court of Pennsylvania today decided the case that I described on September 13, 2013 -- the two-year anniversary of my oral argument of the appeal -- as "my oral argument toddler."

Ordinarily, Pennsylvania's highest court would post the decision online on the day of issuance. However, due to the big snowstorm affecting Philadelphia today, the court's Philadelphia filing office closed at 2 p.m. today. Consequently, the opinion was not posted online today.

Here is what I currently know, thanks to the Pa. Supreme Court's updated docket sheet in the case. The decision of the Superior Court of Pennsylvania, which was partially in favor of my client and partially in favor of the defendants, was affirmed in part and reversed in part. That disposition, however, can describe a large range of possible outcomes in the case. I also know that Justice Thomas G. Saylor wrote the majority opinion, in which Justices Max Baer, Debra McCloskey Todd, and Seamus P. McCaffery joined. Finally, I know that Justice J. Michael Eakin issued a dissenting opinion, in which Chief Justice Ronald D. Castille joined.

The wait for a decision has ended. And the wait to learn the precise outcome of the case and what the court's decision actually says has begun, starting midday today.
Posted at 05:37 PM by Howard Bashman



"'Raging Bull' on the ropes in copyright challenge; Justices' decision will hinge on whether the daughter of a screenwriter waited too long to file her case": Richard Wolf of USA Today has this report.
Posted at 05:02 PM by Howard Bashman


"Court Oks Excessive Credit Card Fees, Reluctantly": At her "Trial Insider" blog, Pamela A. MacLean has this post on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 04:55 PM by Howard Bashman


"Argument preview: Paying a price for child porn." Lyle Denniston has this post at "SCOTUSblog."
Posted at 04:50 PM by Howard Bashman


"Justices weigh anonymous tips in traffic stops": Mark Sherman of The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: Pushing the hypotheticals."

Update: In other coverage, Michael Doyle of McClatchy Washington Bureau reports that "In anonymous tips case, Supreme Court doesn't tip its hand."
Posted at 04:40 PM by Howard Bashman



"The Volokh Conspiracy joins The Washington Post": You can access the press release at this link.

You can view the WaPo version of the VC by clicking here.

Update: An explanatory post from Eugene Volokh is titled "In Brazil, you can always find the Amazon -- in America, the Amazon finds you."

Contrary to my initial comment, above, there is no WaPo version of the VC -- rather, only the WaPo version will exist going forward. In addition, the VC after six months will exist "behind the Post's rather permeable paywall."
Posted at 03:28 PM by Howard Bashman



"U.S. justices referee 'Raging Bull' copyright fight": Lawrence Hurley of Reuters has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Petrella v. Metro-Goldwyn-Mayer, Inc., No. 12-1315.

Update: In other coverage, Jesse J. Holland of The Associated Press reports that "Justices hear appeal over 'Raging Bull.'"
Posted at 02:56 PM by Howard Bashman



"State victories create dilemma for abortion foes": The Associated Press has this report.
Posted at 02:52 PM by Howard Bashman


"The BLT: The Blog of Legal Times" opts to become more difficult to access. Mike Scarcella has the announcement at this link.

Heading in the opposite direction, as previously reported, WSJ.com's "Law Blog" recently decided to make itself much more accessible by entirely dropping its paywall.

Lest anyone be concerned, the "How Appealing" blog's agreement with law.com ensures that this blog will remain freely accessible to all who have internet access.
Posted at 02:31 PM by Howard Bashman



"Va. Supreme Court declines to rehear Virginia Tech shooting case; The ruling effectively ends the case in the state court system": The Roanoke Times has this news update.
Posted at 02:01 PM by Howard Bashman


"Argument recap: Public employee unionism under fire." Lyle Denniston has this post at "SCOTUSblog."

Update: In other coverage, The Associated Press reports that "Court debates union fees for nonunion workers."

And Greg Stohr of Bloomberg News reports that "Union Fees Debated in Supreme Court Case Over Labor Power."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Harris v. Quinn, No. 11-681.
Posted at 12:35 PM by Howard Bashman



"This appeal's central question is whether equal protection prohibits discrimination based on sexual orientation in jury selection." A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit answered "yes" in a decision issued today.

Update: In early news coverage, Howard Mintz of The San Jose Mercury News has a report headlined "Gay bias in jury selection: federal appeals court forbids barring gays and lesbians from jury service."

Maura Dolan of The Los Angeles Times has a news update headlined "Court says prospective jurors can't be removed because they are gay."

Dan Levine of Reuters reports that "Exclusion of gay juror forces new U.S. trial between GSK, Abbott."

The Associated Press has a report headlined "Court: Gay juror was taken off panel improperly."

Chris Geidner of BuzzFeed reports that "Federal Appeals Court Says Jurors Can't Be Excluded Because They Are Gay."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Sexual Orientation No Basis to Block Jurors."
Posted at 12:31 PM by Howard Bashman



"Apple gets temporary reprieve from e-books monitor": Reuters has this report.

And Bloomberg News reports that "Apple Wins Temporary Delay on U.S. E-Books Monitor."
Posted at 11:06 AM by Howard Bashman



Access online today's Order List of the U.S. Supreme Court: The Court has posted its Order List at this link. The Court did not grant review in any new cases.

In early news coverage, The Associated Press reports that "Supreme Court upholds Hawaii reapportionment" and "High court stays out of Conn. layoff case."

Bloomberg News reports that "SAP Rejected by Supreme Court Over $391 Million Loss."

Lawrence Hurley of Reuters reports that "U.S. top court declines to hear $345 million SAP AG patent appeal."

And at "SCOTUSblog," Lyle Denniston has a post titled "Hawaii redistricting upheld."
Posted at 09:40 AM by Howard Bashman



"Harris v. Quinn: The Context of First Amendment Claims." Benjamin Sachs has this post at the blog "On Labor," whose entire home page is devoted to the case right now.
Posted at 09:28 AM by Howard Bashman


"What Happens to the Death Penalty When Lethal Injection Isn't Quick and Painless?" Andrew Cohen has this essay online today at The Daily Beast.
Posted at 08:32 AM by Howard Bashman


"India top court commutes 15 death sentences over 'delay'": BBC News has this report.
Posted at 08:30 AM by Howard Bashman


"Supreme Court battle over what child pornography viewer owes victim": Cheryl Wetzstein of The Washington Times has this report.
Posted at 08:27 AM by Howard Bashman


"Court questions judge's travel expenses; Former top judge of federal appeals court faces Justice Department investigation": Dan Horn has this article today in The Cincinnati Enquirer.

You can access this blog's earlier related posts here, here, and here.
Posted at 08:23 AM by Howard Bashman



"Supreme Court to hear 1st Amendment challenge to labor unions; Chicago-area in-home care providers will ask justices to reconsider a union practice that requires workers to pay dues": David G. Savage has this article today in The Los Angeles Times.

And on today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment titled "A Union For Home Health Aides Brings New Questions To Supreme Court."
Posted at 08:11 AM by Howard Bashman



Monday, January 20, 2014

"Supreme Court to weigh restitution in child-porn case; Under appeals court ruling, downloading one image of a young victim can bring a restitution claim in the millions of dollars": Richard Wolf of USA Today has this report.
Posted at 07:24 PM by Howard Bashman


"Federal Judge Boyce Martin Jr.'s retirement ended investigation into travel reimbursements": The Courier-Journal of Louisville, Kentucky has this news update.

You can access this blog's earlier related posts here and here.
Posted at 05:17 PM by Howard Bashman



"Your privacy is protected -- if you live in the West." Michael McGough has this essay online at The Los Angeles Times.
Posted at 05:14 PM by Howard Bashman


"Supreme Court case could destroy pillar of union power": The Hill has this report.
Posted at 04:52 PM by Howard Bashman


"Supreme Court takes up limits of child porn victim restitution in case involving East Texan": The Dallas Morning News has this report.
Posted at 04:50 PM by Howard Bashman


"Argument preview: Acting on a caller's tip." Lyle Denniston has this post at "SCOTUSblog."
Posted at 04:35 PM by Howard Bashman


"Delicate path for gay marriage in red states": The Associated Press has this report.
Posted at 02:06 PM by Howard Bashman


"European Court Won't Lift Ban on Monkey Abuse Film; Free expression doesn't trump a corporation's personality rights in a decade-long legal dispute over a journalist who went undercover to document the treatment of lab animals": Today at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post that begins, "The difference between the United States and Europe in regards to free expression might be summed up by the asymmetrical treatment afforded late last week to a Hulk Hogan sex tape and video footage of lab monkeys."

My earlier coverage of Friday's Hulk Hogan sex tape ruling can be accessed here.
Posted at 11:42 AM by Howard Bashman



"Court to decide on child porn victim restitution": Mark Sherman of The Associated Press has this report.
Posted at 10:22 AM by Howard Bashman


"Striking a Free-Speech Balance at Abortion Clinics": Kenneth Jost had this post yesterday at his blog, "Jost On Justice."
Posted at 09:50 AM by Howard Bashman


"'Raging Bull' Case Reaches the Supreme Court": Variety has this report.
Posted at 08:35 AM by Howard Bashman


"Mass. buffer zones balance rights to protest, safety": This editorial appears today in The Boston Globe.

In addition, columnist Adrian Walker has an op-ed titled "Right to access in balance in Supreme Court."
Posted at 08:34 AM by Howard Bashman



"A Strike at the Heart of Obamacare: A case against IPAB is heard by the Ninth Circuit -- and eventually by the Supreme Court?" Quin Hillyer has this essay today at National Review Online.
Posted at 08:32 AM by Howard Bashman


"Exemptions from the 'contraception mandate' threaten religious liberty": Law professor Frederick Mark Gedicks has this essay online at The Washington Post.
Posted at 08:30 AM by Howard Bashman


"Chief Justice silent on Judge Ali Hameed's sex tape probe": Minivan Daily of Maldives has this report.
Posted at 08:27 AM by Howard Bashman


"Protecting The Free Speech of Censors: The Crystal Cox Saga." Ken White had this lengthy post yesterday at "Popehat."
Posted at 08:26 AM by Howard Bashman


"Disbarred Kentucky lawyers follow varied paths": The Courier-Journal of Louisville contains this front page article today.
Posted at 08:25 AM by Howard Bashman


"Pennsylvania could tip the scales nationally on same-sex marriage": This article appears today in The Philadelphia Inquirer.
Posted at 08:24 AM by Howard Bashman


Sunday, January 19, 2014

"Would You Feel Differently About Snowden, Greenwald, and Assange If You Knew What They Really Thought?" Sean Wilentz will have this cover story in the February 3, 2014 issue of The New Republic.
Posted at 10:18 PM by Howard Bashman


"Madison's Privacy Blind Spot": Law professor Jeffrey Rosen has this essay in the Sunday Review section of today's edition of The New York Times.
Posted at 10:14 PM by Howard Bashman


"Is Your Abortion My Free Speech?" On Wednesday, law professor Noah Feldman had this essay online at Bloomberg View.
Posted at 10:12 PM by Howard Bashman


"Tiny Antenna Threatens Network TV's Airspace; Chet Kanojia and Aereo Seek to Shake Up Television Industry": Leslie Kaufman will have this article in Monday's edition of The New York Times.
Posted at 10:05 PM by Howard Bashman


"US Supreme Court may help 'aged out' immigrant kids get back on citizenship track": The New York Daily News has this report.
Posted at 10:03 PM by Howard Bashman


"Juveniles Facing Lifelong Terms Despite Rulings": Erik Eckholm will have this article in Monday's edition of The New York Times.

And in today's edition of The Boston Globe Magazine, Nancy Gertner has an essay titled "Locking up kids for life? A new court decision takes a step toward juvenile justice reform."
Posted at 10:02 PM by Howard Bashman



"School finance shaped by history of lawsuits; Kansas' school finance litigation dates back to early 1970s": The Topeka Capital-Journal has an article that begins, "As the Legislature awaits a Kansas Supreme Court ruling in the Gannon v. State school finance case, a simultaneous debate has been whether the courts should have any say on state funding levels."
Posted at 08:45 PM by Howard Bashman


"Torres selected as next chief justice": The Pacific Daily News of Guam has an article that begins, "The Supreme Court of Guam's three justices elected Justice Robert J. Torres to serve as the next chief justice of the island."
Posted at 08:36 PM by Howard Bashman


"Ciavarella's last chance": Today's edition of The Citizens' Voice of Wilkes-Barre, Pennsylvania contains a front page article that begins, "Disgraced former Luzerne County Judge Mark A. Ciavarella Jr. is down to his final shot at appealing his conviction on corruption charges that landed him in prison for 28 years."
Posted at 08:30 PM by Howard Bashman


"Worry, debate follow Pa. court's drilling decision": The Associated Press has a report that begins, "Last month's state Supreme Court decision that backed the rights of municipalities in their fight against Gov. Tom Corbett's new gas drilling law has left environmentalists, business owners and lawmakers trying to anticipate how it will change the broader legal landscape."
Posted at 08:25 PM by Howard Bashman


"Unions circling wagons on court case": Robert Barnes will have this new installment of his "The High Court" column in Monday's edition of The Washington Post.
Posted at 08:14 PM by Howard Bashman


"Ruling on Pa. voter ID unlikely to be the last word": This article appears today in The Philadelphia Inquirer.
Posted at 02:25 PM by Howard Bashman


"Striking A Blow For Transparency": Today at TPM Editor's Blog, David Kurtz has a post that begins, "Lifetime appointments to the bench, the legitimate need to keep judges apart from the political hurly burly, and their own institutional insularity combine to make the conduct of the federal judiciary extremely opaque and difficult to hold to account."
Posted at 01:57 PM by Howard Bashman


"York City Council shelves local ordinance, awaits ruling in U.S. Supreme Court case; Council changes plans to establish health care access corridor": The York Daily Record has an article that begins, "The U.S. Supreme Court's deliberation on a Massachusetts law creating buffer zones around abortion clinics has caused York City Council to shelve its own proposal to establish an access corridor to health-care facilities."
Posted at 01:40 PM by Howard Bashman


"Politics on the Bench -- a Judge's View of Partisanship at Play; Her removal after a gay rights ruling was demoralizing, but she has reason for hope." Marsha Ternus will have this essay in Monday's edition of The National Law Journal.
Posted at 01:33 PM by Howard Bashman


"State Supreme Court options if Legislature falls short on school funding": This article appears today in The Seattle Times.
Posted at 01:27 PM by Howard Bashman


"Government should not force people into unions": Columnist George F. Will has this op-ed in The Washington Post.

And yesterday at "SCOTUSblog," Lyle Denniston had a post titled "Argument preview: Is Abood in trouble?"
Posted at 01:25 PM by Howard Bashman



"Case of the curious juror: when the Web invades the courtroom; A King County rape trial highlights a challenge confronting judges across the country: How to keep jurors, accustomed to reaching for their smartphones when any question arises, from going online to do their own research on cases." This front page article appears today in The Seattle Times.
Posted at 01:20 PM by Howard Bashman


"Va. quickly emerging as key in gay marriage fight": The Associated Press has this report.
Posted at 01:12 PM by Howard Bashman


"WU students get their day in Supreme Court": In today's edition of The Statesman Journal of Salem, Oregon, Peter Wong has an article that begins, "When the U.S. Supreme Court hears arguments Wednesday in a case about how much possessors of child pornography must pay their victims, two Willamette University law professors and four law students will be in the chambers."
Posted at 01:03 PM by Howard Bashman


"Under the U.S. Supreme Court: Snatching profits out of the air." Michael Kirkland of UPI has this report today.
Posted at 09:24 AM by Howard Bashman


"As trial nears, 9th Circuit Court accused of favoring Hollywood; Does the 9th Circuit Court favor Hollywood studios? The question arises as a screenwriter's daughter wages a copyright battle with MGM." David G. Savage and Maura Dolan have this article today in The Los Angeles Times.
Posted at 09:23 AM by Howard Bashman


Saturday, January 18, 2014

"States Air Their Differences at Supreme Court": Stateline from The Pew Charitable Trusts has this report.
Posted at 10:42 PM by Howard Bashman


"Gov. Christie swears in new N.J. Supreme Court justice": The Newark Star-Ledger has this report.

The Philadelphia Inquirer reports that "Fernandez-Vina sworn in for N.J. Supreme Court."

The Bergen Record reports that "Christie's nominee for high court takes seat."

And The Courier-Post of Cherry Hill, New Jersey reports that "'Fuzzy' ascends to state's high court; sworn in as N.J. justice."
Posted at 10:38 PM by Howard Bashman



"For Supreme Court, it's not the law, it's the power of five: Getting to a majority of five is the deciding factor at the nation's highest court." Law professor Eric J. Segall will have this op-ed in Sunday's edition of The Los Angeles Times.
Posted at 10:24 PM by Howard Bashman


"Ex-Michigan Supreme Court Justice Diane Hathaway wants out of Camp Cupcake": This article appears today in The Detroit Free Press.
Posted at 10:22 PM by Howard Bashman


"Gay-Marriage Cases Hand One Appeals Court a Rare Starring Role": In today's edition of The Wall Street Journal, Ashby Jones has an article that begins, "A sleepy court is about to get its turn in the limelight. The 10th U.S. Circuit Court of Appeals in Denver, one of the nation's 13 federal appeals courts, doesn't have firebrand judges and isn't routinely reversed by the U.S. Supreme Court."

You can freely access the full text of the article via Google.
Posted at 02:54 PM by Howard Bashman



"The pivotal issue in this case relates to the danger ostensibly imposed by CROCS sandals, not the danger of riding escalators generally." The U.S. Court of Appeals for the First Circuit issued this ruling yesterday. The decision affirmed the entry of summary judgment against the plaintiffs.
Posted at 02:44 PM by Howard Bashman


"Supreme Court Will Consider Whether Police Need Warrants to Search Cellphones": Adam Liptak has this article today in The New York Times.

In today's edition of The Washington Post, Robert Barnes has an article headlined "Supreme Court to decide case on police cellphone searches."

David G. Savage of The Los Angeles Times reports that "Supreme Court to rule on 4th Amendment, cellphone searches."

And Warren Richey of The Christian Science Monitor has an article headlined "Can police search suspect's cellphone with no warrant? Supreme Court to rule; The Supreme Court has allowed police to search closed containers found on a suspect, but defense lawyers say cellphones now hold so much data that a warrant must be obtained."
Posted at 02:03 PM by Howard Bashman



"After a Prolonged Execution in Ohio, Questions Over 'Cruel and Unusual'": This article appears today in The New York Times.
Posted at 01:40 PM by Howard Bashman


Friday, January 17, 2014

"Cebull misconduct investigation finds judge sent hundreds of emails related to 'race, politics, gender,' more": The Great Falls (Mont.) Tribune has a news update that begins, "A review of four years' worth of emails from former Chief U.S. District Judge Richard Cebull's federal email account found 'hundreds' of emails 'related to race, politics, religion, gender, sexual orientation and politically sensitive issues that were inappropriate for Judge Cebull to have sent from his federal email account.'"

And The Associated Press reports that "Federal judge sent hundreds of bigoted emails."

You can access today's ruling of the Committee on Judicial Conduct and Disability of the Judicial Conference of the United States at this link.
Posted at 11:38 PM by Howard Bashman



"Judicial Giant Quietly Retired Under Investigation For Travel Expenses": TPM Muckraker has a report that begins, "When federal appellate court judge Boyce F. Martin Jr. announced his retirement in July, he was praised as 'one of the giants of the Kentucky judiciary.'"

You can access today's ruling of the Committee on Judicial Conduct and Disability of the Judicial Conference of the United States at this link. In response to that ruling, the Judicial Council of the Second Circuit today posted online this order dated June 20, 2013.
Posted at 11:33 PM by Howard Bashman



"Will Supreme Court Cellphone Case Help Justin Bieber?" Jess Bravin has this post at WSJ.com's "Washington Wire" blog.
Posted at 10:12 PM by Howard Bashman


"Court ruling helps bloggers in libel cases": Bob Egelko of The San Francisco Chronicle has this report.

Maura Dolan of The Los Angeles Times reports that "Blogger protected by 1st Amendment, appeals court says."

Dan Levine of Reuters has a report headlined "Blogger gets same speech protections as traditional press: U.S. court."

Tal Kopan of Politico.com has a blog post titled "Appeals court rules blogger, press get same protections."

At the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Bloggers Get First Amendment Protections in Defamation Lawsuits; An appeals court rules that bloggers are just like trained journalists when it comes to the U.S. Constitution."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Bloggers Win Media First Amendment Protections."

My earlier coverage of today's Ninth Circuit ruling appears at this link.
Posted at 10:04 PM by Howard Bashman



"Appeals court hears Missouri flag desecration case": The Associated Press has this report on a case argued yesterday at the U.S. Court of Appeals for the Eighth Circuit. You can access the oral argument audio via this link.
Posted at 05:37 PM by Howard Bashman


"Mass. appeals court upholds inmate's right to taxpayer-funded sex change surgery": The Boston Globe has this news update.

And The Associated Press reports that "Appeals court upholds sex change for Mass. inmate."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 04:16 PM by Howard Bashman



"Court revives NY law on crisis pregnancy centers": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 03:35 PM by Howard Bashman


"Apple to Appeal Ruling Rejecting Bid to Block Monitor": Bloomberg News has this report.
Posted at 03:30 PM by Howard Bashman


"Appeals court tosses EPA rule for Indian Country": Jeremy P. Jacobs of Greenwire has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 03:28 PM by Howard Bashman


"Make Journalists Testify: The press is wrong to demand a reporter's privilege for James Risen." Law professor Eric Posner has this essay online at Slate.
Posted at 03:05 PM by Howard Bashman


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

In early news coverage, Mark Sherman of The Associated Press reports that "High court takes cases on cellphone searches."

Greg Stohr of Bloomberg News reports that "Mobile-Phone Searches by Police Get Top U.S. Court Review."

Lawrence Hurley of Reuters reports that "U.S. Supreme Court to weigh cell phone searches by police."

Richard Wolf of USA Today reports that "High court to examine cellphone privacy; Upon arrest, can police search your cellphone or Smartphone for evidence of criminal activity, or is that an invasion of privacy?"

At Wired.com's "Threat Level" blog, David Kravets has a post titled "Supreme Court to Decide if Warrants Needed to Search Mobile Phones."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on cellphone privacy."
Posted at 02:36 PM by Howard Bashman



"Ex-Michigan Supreme Court Justice Hathaway wants out of prison early": The Detroit News has this update.
Posted at 02:27 PM by Howard Bashman


"Pennsylvania judge strikes down state's voter ID law": The Pittsburgh Post-Gazette has this news update.

And The Patriot-News of Harrisburg, Pennsylvania has a news update headlined "Voter ID decision an indictment of Pennsylvania's law, plaintiffs say."

My earlier coverage of today's ruling can be accessed here.
Posted at 01:48 PM by Howard Bashman



In news coverage of two notable D.C. Circuit rulings issued today: At his "Suits & Sentences" blog, Michael Doyle of McClatchy Washington Bureau has a post titled "Appeals court rejects damages bid by ex-Gitmo detainee." You can access the ruling at this link.

And at "The BLT: The Blog of Legal Times," Jenna Greene has a post titled "D.C. Circuit Revives Lobbyists' Fight Over Obama Ban." You can access the ruling at this link.
Posted at 01:40 PM by Howard Bashman



"Court lets Gawker post Hulk Hogan sex tape": The Tampa Bay Times has a news update that begins, "A temporary order banning the Gawker website from posting excerpts from a sex tape with professional wrestler Hulk Hogan should be reversed, Florida's 2nd District Court of Appeal said in a ruling issued Friday."

You can access today's ruling of Florida's Second District Court of Appeal at this link.
Posted at 01:30 PM by Howard Bashman



"This case requires us to address a question of first impression: What First Amendment protections are afforded a blogger sued for defamation?" So begins an opinion that the U.S. Court of Appeals for the Ninth Circuit issued today. Law professor Eugene Volokh represented on appeal the blogger who prevailed in today's ruling.

Update: At "The Volokh Conspiracy," Eugene Volokh has a post titled "Bloggers = Media for First Amendment Libel Law Purposes."
Posted at 01:26 PM by Howard Bashman



The contents of the January 2014 issue of the Harvard Law Review are now available online: Via this link.

Among other things, the issue contains Recent Cases essays titled "Tenth Circuit Holds For-Profit Corporate Plaintiffs Likely to Succeed on the Merits of Substantial Burden on Religious Exercise Claim"; "Ninth Circuit Holds Forensic Search of Laptop Seized at Border Requires Showing of Reasonable Suspicion"; "Third Circuit Limits Censorship of 'Ambiguously Lewd' Speech"; "Florida Supreme Court Holds that Cell Phone Data Is Not Subject to the Search-Incident-to-Arrest Exception"; and "Sixth Circuit Finds Law School Applicants Could Not Reasonably Rely on School-Provided Employment Statistics."
Posted at 01:15 PM by Howard Bashman



"Schaerr Leaves Winston to Represent Utah in Marriage Case": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 11:22 AM by Howard Bashman


Upcoming potential oral argument of note: Yesterday, the U.S. Court of Appeals for the Third Circuit gave notice that the case of Duchesneau v. Cornell Univ. has been tentatively listed on the merits for Thursday, March 6, 2014.

Readers who are interested in learning about the case can access online my client's Brief for Appellant, Cornell's Brief for Appellee, and my client's Reply Brief for Appellant.

Earlier news coverage of the case can be accessed here and here. And the district court's opinion in support of its order denying plaintiff's post-judgment motion can be accessed here.
Posted at 11:18 AM by Howard Bashman



"Judge spikes photo ID requirement for Pa. voters": The Associated Press has this report on a ruling that a single judge serving on the Commonwealth Court of Pennsylvania issued today.

At his "Election Law Blog," Rick Hasen has a post titled "Initial Thoughts on Today's Ruling Striking Down Pa's Voter ID Law on State Grounds."
Posted at 10:37 AM by Howard Bashman



"A plea to cast aside Korematsu": Lyle Denniston has this post at "SCOTUSblog."
Posted at 10:20 AM by Howard Bashman


"Senate Judiciary Committee OKs Utah appeals judge, again": Thomas Burr of The Salt Lake Tribune has this report.

And at "The BLT: The Blog of Legal Times," Todd Ruger has a post titled "Senate Judiciary Committee Approves 29 Judicial Nominees."
Posted at 08:57 AM by Howard Bashman



"Supreme Court of Canada will hear B.C. couple's appeal of assisted dying case": The Vancouver Sun has this report.

And Sean Fine of The Globe and Mail of Toronto reports that "B.C. women's case reopens Supreme Court's assisted-suicide debate."
Posted at 08:54 AM by Howard Bashman



"Appeal filed in Oklahoma same-sex marriage ruling": This front page article appears today in The Tulsa World.
Posted at 08:51 AM by Howard Bashman


"Wyoming Supreme Court hears grizzly records case": The Associated Press has this report. Readers of delicate sensibilities should keep in mind that the records involved are grizzly, not grisly.
Posted at 08:50 AM by Howard Bashman


"If Supreme Court doesn't modify recess appointments, Senate should modify rules": This editorial appears in The Washington Post.
Posted at 08:45 AM by Howard Bashman


"Halls of justice too tight for ND Supreme Court; chief justice says more space needed": The Forum of Fargo-Moorhead, North Dakota contains this article today.
Posted at 08:44 AM by Howard Bashman


"'Raging Bull' Fight to Hit Supreme Court; Fox and MGM could lose rights to Martin Scorsese's film if the original screenwriter's daughter wins the case, which the studios insist was filed too late": Eriq Gardner had this post recently at the "Hollywood, Esq." blog of The Hollywood Reporter.
Posted at 08:42 AM by Howard Bashman


"Mandatory life sentences for juveniles at issue before state high court; 37-year-old inmate asks justices to retroactively apply new standard to his case": This article appeared yesterday in The Chicago Tribune.
Posted at 08:40 AM by Howard Bashman


"Supreme Court to Consider Cellphone Privacy": Ariane de Vogue has this post at "The Note" blog of ABC News.
Posted at 08:30 AM by Howard Bashman


Thursday, January 16, 2014

"Plea doesn't bar wrongfully convicted man's suit against New York City: court." Reuters has this report.

My earlier coverage of Tuesday's en banc Second Circuit ruling can be accessed here.
Posted at 10:12 PM by Howard Bashman



"'Baby Veronica' case: Judge ends contempt proceedings in South Carolina." The Tulsa World has this news update.
Posted at 10:07 PM by Howard Bashman


"Pa. Supreme Court reinstates life prison term for 13-year-old Lancaster killer": The Patriot-News of Harrisburg, Pennsylvania has this news update reporting on an order that the Supreme Court of Pennsylvania issued today.
Posted at 08:47 PM by Howard Bashman


"Municipalities ask Pennsylvania Supreme Court to let Act 13 ruling stand": The Pittsburgh Post-Gazette has this news update.
Posted at 08:45 PM by Howard Bashman


"Big donors poised to give more if Supreme Court strikes limits": The Washington Times has an article that begins, "With the Supreme Court weighing a challenge to the federal ceiling on campaign contributions by individual donors in an election cycle, a number of big donors from both parties are poised to bust through the old limits if the high court rules their way, according to a new report."
Posted at 08:44 PM by Howard Bashman


"Supreme Court won't take case against teacher fired for looking at porn at school": Today's edition of The Wisconsin State Journal contains a front page article that begins, "A Middleton teacher fired for viewing pornographic images at school can return to work after the state Supreme Court declined to take up the Middleton-Cross Plains School District's appeal of an arbitrator's ruling."
Posted at 08:42 PM by Howard Bashman


"Anthrax threat prompts Nevada Supreme Court evacuation": The Las Vegas Review-Journal has this news update.
Posted at 08:33 PM by Howard Bashman


"Utah attorney general names outside counsel for same-sex marriage appeal": The Deseret News has this update.
Posted at 07:25 PM by Howard Bashman


"Utah AG picks outside counsel in same-sex marriage fight": Brooke Adams of The Salt Lake Tribune has this news update.
Posted at 05:06 PM by Howard Bashman


"High court could weigh in on cellphone searches": Mark Sherman of The Associated Press has this report.
Posted at 04:38 PM by Howard Bashman


Supreme Court of Pennsylvania agrees to determine the constitutionality of state statute limiting recovery of damages to $500,000 for a tort claim against a political subdivision: You can access today's order of Pennsylvania's highest court granting review at this link.

In July 2013, I had this post reporting on the ruling of the Commonwealth Court of Pennsylvania affirming the trial court's reduction of the jury's verdict from $14,036,263.39 to $500,000 pursuant to the damages cap.
Posted at 04:35 PM by Howard Bashman



"Utah law professor to make case for child-porn victims; Cassell will argue before the Supreme Court on compensation for child-pornography victims": Brooke Adams has this front page article today in The Salt Lake Tribune.
Posted at 02:33 PM by Howard Bashman


"Ohio Attorney General Appeals Same-Sex Marriage Recognition Ruling": Chris Geidner of BuzzFeed has this report.
Posted at 01:35 PM by Howard Bashman


"Killer struggles, gasps repeatedly under new 2-drug combination": Alan Johnson of The Columbus Dispatch has this news update.

And The Associated Press reports that "Ohio killer executed with new lethal drug combo."
Posted at 01:32 PM by Howard Bashman



"A skeptical Supreme Court weighs the future of Harper's controversial appointment": In today's edition of The Toronto Globe and Mail, Sean Fine has a front page article that begins, "Prime Minister Stephen Harper's newest choice for the Supreme Court of Canada ran into a wall of skepticism at a hearing into the federal government's interpretation of the law governing appointments." And in yesterday's newspaper, four attorneys had an op-ed titled "Nadon nomination an embarrassment to our judicial system."

The Toronto Star has an article headlined "Harper government trying to 'stack' Supreme Court, lawyer argues; Rare hearing considers eligibility of Justice Marc Nadon to join top court -- an appointment challenged by lawyer Rocco Galati and the Quebec government." In addition, Chantal Hebert has an essay titled "Prime Minister Stephen Harper's Supreme Court choice raises hackles in Quebec; An immediate ruling would have vindicated Harper's decision to appoint Marc Nadon; But a resolution of the issue will have to wait."

The Canadian Press reports that "Legal arguments over Nadon appointment to top court hinge on history, grammar."

Postmedia News has a report headlined ""All federal judges should be eligible for Supreme Court, no matter their province: Peter MacKay at Nadon hearings.

CBC News reports that "Supreme Court reserves judgment on Marc Nadon's eligibility; Court hears debate on technicalities of Marc Nadon's appointment, but not his merits as a judge."

CTVNews has an article headlined "Why is Marc Nadon's appointment to Canada's top court so controversial?"

And in the National Post, Andrew Coyne has an essay titled "Nadon Supreme Court appointment looks so dodgy it must be some clever Harper ruse."

You can view yesterday's oral argument in the Supreme Court of Canada by clicking here. The court has also posted online this summary of the case.
Posted at 11:52 AM by Howard Bashman



Supreme Court of Washington State declares unconstitutional a state statute that eliminates tolling of the statute of limitations for medical malpractice claims belonging to minors: You can access today's 7-to-2 ruling at this link.
Posted at 11:20 AM by Howard Bashman


"An Embarrassing Supreme Court Moment": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 11:14 AM by Howard Bashman


"Why does SCOTUS want SG view on Madoff trustee suits vs bank enablers?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 11:08 AM by Howard Bashman


Second Circuit issues en banc ruling on applicability of Heck v. Humphrey to Brady claims of now-released former prison inmate: Because the U.S. Court of Appeals for the Second Circuit so rarely grants rehearing en banc, any such decision is bound to be worthy of mention. You can access Tuesday's ruling, which the Second Circuit posted online today, at this link.

Nine of the 15 participating judges joined in the majority opinion, which ruled in favor of the former inmate. By contrast, the participating judges' opinions were evenly divided 9-to-9 with regard to the Second Circuit's ongoing controversy over whether to use "en banc" or "in banc" to describe this type of full-court hearing. Breaking the tie are two additional uses of "en banc" appearing outside of the judges' opinions, one found in the court's summary of the ruling that precedes the opinion and the other located in a footnote to the listing of the judges who participated in the decision.
Posted at 10:54 AM by Howard Bashman



"Federal court upholds Kentucky ban on liquor sales in groceries": The Louisville Courier-Journal has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued yesterday.
Posted at 10:38 AM by Howard Bashman


"Gay marriage rulings in Okla., Utah build momentum": The Associated Press has this report, along with a related item headlined "Gay marriage cases in 5 states offer broad view."
Posted at 10:35 AM by Howard Bashman


"Court denies Drakes Bay Oyster Co., owner says fight will go to the U.S. Supreme Court": The Marin Independent Journal has this report.

The Press Democrat of Santa Rosa, California reports that "Drakes Bay Oyster Co. plans appeal after latest court defeat."

And Bob Egelko of The San Francisco Chronicle reports that "Drakes Bay Oyster Co.'s options are running out."
Posted at 10:32 AM by Howard Bashman



"Judge Clement makes friends with Big Oil": Columnist James Gill has this op-ed today in The Advocate of Baton Rouge, Louisiana.
Posted at 10:26 AM by Howard Bashman


"Merits Appeal Shouldn't Have Waited on Fees": Courthouse News Service has this report.

And at the "Maryland Appellate Blog," Steve Klepper has a post titled "Supreme Court Abrogates Fourth Circuit Rule on Time to Appeal Contractual Attorney's Fee Award."

You can access at this link yesterday's ruling of the U.S. Supreme Court in Ray Haluch Gravel Co. v. Central Pension Fund of Operating Engineers and Participating Employers, No. 12-992.
Posted at 10:24 AM by Howard Bashman



"Gay marriage cases put Denver-based federal appeals court in spotlight": This front page article appears today in The Denver Post.
Posted at 09:02 AM by Howard Bashman


"Gun law aimed at domestic violence offenders vexes court; Varying definitions of violence in state laws have made a federal gun law aimed at wife-beaters less effective": Richard Wolf of USA Today has this report.

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in United States v. Castleman, No. 12-1371.
Posted at 09:00 AM by Howard Bashman



"Justices Seem Split on Abortion Clinic Buffer Zones, but Crucial Voice Is Silent": Adam Liptak has this article today in The New York Times.

In today's edition of The Washington Post, Robert Barnes has an article headlined "Supreme Court justices question size of buffer zones around Mass. abortion clinics."

In today's edition of The Los Angeles Times, David G. Savage has an article headlined "Supreme Court signals opposition to abortion clinic buffer zone; The Supreme Court expresses skepticism about a Massachusetts law that forbids protesters within 35 feet of abortion clinic entrances, which some justices consider a violation of free speech."

In today's edition of The Wall Street Journal, Jess Bravin has an article headlined "Justices Show Skepticism of 35-Foot Buffer Zones Around Abortion Clinics; 'Why Do You Need So Much Space,' Asked Justice Elena Kagan."

In today's edition of USA Today, Richard Wolf has an article headlined "Justices voice doubts about abortion clinic buffer zones; The Supreme Court will decide if restricted space is a violation of free speech."

Cheryl Wetzstein of The Washington Times reports that "Justices' questions appear unsympathetic to abortion clinic 'buffer zone' law."

The Boston Globe reports that "Mass. abortion clinic buffer zone law is debated in US Supreme Court."

Warren Richey of The Christian Science Monitor has an article headlined "Keep your distance: Supreme Court takes up protesters outside abortion clinics; Massachusetts requires protesters to stay 35 feet away from abortion clinics; Opponents arguing before the US Supreme Court Wednesday said the law hinders the free speech of antiabortion counselors."

Yesterday evening's broadcast of The PBS NewsHour contained a segment titled "Supreme Court weighs clash between freedom of speech, abortion rights" featuring Marcia Coyle.

Yesterday evening's broadcast of NPR's "All Things Considered" contained an audio segment titled "Justices Appear Divided On Abortion Clinic Buffer Zones" featuring Nina Totenberg.

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: Buffer zones? Maybe yes, but how big?"

You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in McCullen v. Coakley, No. 12-1168.
Posted at 08:55 AM by Howard Bashman



"Obama's Path From Critic to Overseer of Spying": Peter Baker has this front page article today in The New York Times.
Posted at 08:37 AM by Howard Bashman


"Conversations on the Constitution: Associate Justice Stephen Breyer." You can view the video of Tuesday's National Archives event by clicking here.
Posted at 08:34 AM by Howard Bashman


"Senate confirms Sandwich as judge": The Suffolk (Va.) News-Herald has this report.
Posted at 08:30 AM by Howard Bashman


Wednesday, January 15, 2014

"Judge tosses Oklahoma gay-marriage amendment; The ruling, calling the ban a violation of the 14th Amendment, mirrors Utah's in a number of ways": Brooke Adams of The Salt Lake Tribune has this report.

And The Deseret News reports that "Oklahoma, Utah same-sex marriage rulings could turn up heat on Supreme Court" and "Utah attorney general to name outside counsel for same-sex marriage appeal."
Posted at 10:54 PM by Howard Bashman



In jurisprudence essays available online at Slate: Emily Bazelon has an essay titled "You Do Not Have the Right to Be Left Alone; Why the Supreme Court will strike down the Massachusetts law that keeps abortion opponents back from clinic entrances."

And Dahlia Lithwick has an essay titled "Do We Have the Right to Choose How We Talk About the Right to Choose? Three fascinating new court cases about abortion, contraception, and, also speech."
Posted at 10:08 PM by Howard Bashman



"Why Have Liberals Given Up on a Crucial Supreme Court Case?" Simon Lazarus has this essay online today at The New Republic.
Posted at 07:28 PM by Howard Bashman


Access online the redesigned web site of the U.S. Court of Appeals for the Second Circuit: At this link.
Posted at 07:11 PM by Howard Bashman


Tuesday, January 14, 2014

Programming note: On Wednesday, I will be presenting oral arguments in two unrelated cases to the same three-judge panel of the Superior Court of Pennsylvania. As a result, additional posts will not appear here until Wednesday evening.

At 10 a.m. eastern time on Wednesday, the U.S. Supreme Court is expected to issue one or more opinions. Once the Court posts the decisions online, you can access them via this link.
Posted at 11:35 PM by Howard Bashman



"Judge rejects minister's claim on Oklahoma license plate": The Tulsa World has a news update that begins, "A federal judge has rejected a Bethany pastor's claim that the state's license plates convey a religious message contrary to his beliefs."

And The Oklahoman has a news update headlined "Federal judge dismisses Oklahoma pastor's license plate suit."

I have posted online at this link today's ruling of the U.S. District Court for the Western District of Oklahoma.
Posted at 10:22 PM by Howard Bashman



"Western property rights case pits landowners, government; An 1875 congressional law and a 1942 court decision don't answer whether the government or private landowners have first dibs on former railroad property": Richard Wolf of USA Today has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: Oh, give me land, lots of land . . ."
Posted at 10:04 PM by Howard Bashman



"U.S. judge strikes down Oklahoma's ban on gay marriage": Chris Casteel of The Oklahoman has this news update.

The Tulsa World has a news update headlined "Oklahoma ban on gay marriage ruled unconstitutional."

Erik Eckholm of The New York Times has a news update headlined "Federal Judge Rejects Oklahoma's Gay Marriage Ban."

The Associated Press reports that "US judge strikes down Okla. same-sex marriage ban."

At "SCOTUSblog," Lyle Denniston has a post titled "Oklahoma gay marriage ban struck down."

And Chris Geidner of BuzzFeed reports that "Oklahoma Ban On Same-Sex Marriages Is Unconstitutional, Federal Judge Rules."

You can access today's ruling of the U.S. District Court for the Western District of Oklahoma at this link.
Posted at 07:21 PM by Howard Bashman



"With 5th Circuit split on class constitutionality, what's next for BP?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight today has this report.
Posted at 04:00 PM by Howard Bashman


"Justices press government in Wyo. man's challenge to Forest Service rail trail": Jeremy P. Jacobs of Greenwire has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Marvin M. Brandt Revocable Trust v. United States, No. 12-1173.
Posted at 03:48 PM by Howard Bashman



"Argument recap: Bankruptcy and the slippery slope." Lyle Denniston has this post at "SCOTUSblog."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Executive Benefits Ins. Agency v. Arkison, No. 12-1200.
Posted at 03:00 PM by Howard Bashman



"Federal Judges in U.S. See $25,000 More as Salary Freeze Falls": James Rowley of Bloomberg News has this report.
Posted at 02:24 PM by Howard Bashman


"As A Latina, Sonia Sotomayor Says, 'You Have To Work Harder'": This audio segment appeared on yesterday's broadcast of NPR's "Fresh Air."
Posted at 01:18 PM by Howard Bashman


"Supreme Court enshrines 'reasonable suspicion' for device search at border; Extensive search of a convicted sex offender's laptop is totally reasonable": Cyrus Farivar of Ars Technica has this report.
Posted at 01:15 PM by Howard Bashman


"TV Networks Ask D.C. Circuit to Freeze Online Streaming Case": Zoe Tillman has this post today at "The BLT: The Blog of Legal Times."
Posted at 01:12 PM by Howard Bashman


"Supreme Court extends protections for multinational companies": Robert Barnes of The Washington Post has this news update.

David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court throws out overseas human rights case."

And Richard Wolf of USA Today reports that "Justices say U.S. courts can't resolve foreign lawsuits; Decision is a victory for multinational corporations seeking to avoid U.S. liability for actions that occur overseas."
Posted at 12:56 PM by Howard Bashman



"High court OKs Miss. lawsuit on LCD price fixing": The Associated Press has this report.

Lawrence Hurley of Reuters reports that "U.S. high court rules against companies in LCD-screen case."

And Greg Stohr of Bloomberg News reports that "Companies Rejected as U.S. High Court Backs State Suits."
Posted at 12:08 PM by Howard Bashman



"Because Vasquez was not in the United States when he was 'found' and, when 'found in' the United States, was here involuntarily, Vasquez's conviction was plainly erroneous and it would constitute manifest injustice to allow it to stand." So holds the U.S. Court of Appeals for the Second Circuit in a ruling issued today.

According to the decision, the defendant was seeking to permanently depart from the United States by walking over the Rainbow Bridge at Niagara Falls into Canada. However, the Canadian authorities denied him admission and returned him to United States authorities in handcuffs.
Posted at 11:38 AM by Howard Bashman



"Rap Lyrics on Trial": In today's edition of The New York Times, Erik Nielson and Charis E. Kubrin have an op-ed that begins, "Should rap lyrics be used in court as evidence of a crime? Next week, the Supreme Court of New Jersey will hear a case that could help decide just that."
Posted at 11:27 AM by Howard Bashman


"Verizon Wins Net Neutrality Court Ruling Against FCC": Bloomberg News has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued today.

In other coverage, The Wall Street Journal has a news update headlined "Appeals Court Strikes Down FCC's Net Neutrality Rules; Ruling Could Give Broadband Providers Room to Charge Content Companies for Faster Speeds."

The New York Times has a news update headlined "Court Rejects Equal Access Rules for Internet Providers."

Reuters reports that "FCC says may appeal court ruling against its net neutrality rule."

And at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Appeals Court Deals Blow to FCC's 'Net Neutrality' Rules; In a victory for broadband carriers like AT&T and Verizon, the D.C. Circuit strikes down anti-discrimination and anti-blocking rules."
Posted at 11:20 AM by Howard Bashman



"Court set to rule on forcing California to ease prison crowding": Reuters has this report.
Posted at 10:54 AM by Howard Bashman


"The NFL Goes Back to the Eighth Circuit": Ryan Koopmans has this post today at "On Brief: Iowa's Appellate Blog."
Posted at 10:45 AM by Howard Bashman


"Obama Will Lose Recess Appointment Case, but Will Other Presidents Lose Their Power?" Andrew Cohen has this essay online today at The Daily Beast.
Posted at 10:44 AM by Howard Bashman


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

1. Justice Sonia Sotomayor delivered the opinion for a unanimous Court in Mississippi, Inc. ex rel. Hood v. AU Optronics Corp., No. 12-1036. You can access the oral argument via this link.

2. And Justice Ruth Bader Ginsburg delivered the opinion of the Court in Daimler AG v. Bauman, No. 11-965. Justice Sotomayor issued an opinion concurring in the judgment. You can access the oral argument via this link.

In early news coverage, Lawrence Hurley of Reuters reports that "U.S. top court rules for Daimler in Argentina human rights case."

Greg Stohr of Bloomberg News reports that "Daimler Wins as U.S. High Court Rejects Human-Rights Suit."

Jesse J. Holland of The Associated Press reports that "Court won't allow DaimlerChrysler suit in Calif."

And Lawrence Hurley of Reuters reports that "U.S. top court rules for Daimler in Argentina human rights case."
Posted at 10:04 AM by Howard Bashman



"Supreme Court hints it may limit president's recess-appointments power; Justices appear likely to rule against the long-standing practice of filling high-level posts during Senate recesses": David G. Savage has this article today in The Los Angeles Times.

In today's edition of The Wall Street Journal, Jess Bravin and Melanie Trottman have an article headlined "Supreme Court Likely to Rein In President's Recess Appointments Power; Justices Suggest Executive Practice Under Both Parties Has Exceeded Constitutional Limits."

Stephen Dinan of The Washington Times reports that "Supreme Court Justices skeptical of Obama's end run around Congress."

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court looks at a president's power to appoint."

Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court justices question Obama's recess appointments; The Obama administration's top lawyer told justices that a ruling against the president would 'repudiate the constitutional legitimacy' of thousands of appointments; A lawyer for Senate Republicans calls the episode a 'complete abuse of the process.'"

Sahil Kapur of TPM DC reports that "Justices Consider Limiting Obama's Power On Recess Appointments."

At "The Note" blog of ABC News, Ariane de Vogue has a post titled "President's Recess Appointments Get Cold Reception at Supreme Court."

And on yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "U.S. High Court Hears Arguments On Recess Appointments."
Posted at 08:25 AM by Howard Bashman



"Supreme Court looks to rein in top patent court with two new cases; Both cases involve legal tests that defendants say are too permissive": Joe Mullin of Ars Technica has this report.
Posted at 08:06 AM by Howard Bashman


"Arguing in the Supreme Court a daunting task": Law professor Erwin Chemerinsky had this essay yesterday in The Orange County Register.
Posted at 08:04 AM by Howard Bashman


"Argument preview: 'Buffer zones' and free speech." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 08:02 AM by Howard Bashman


Monday, January 13, 2014

"William Hood sworn in as 103rd Colorado Supreme Court justice": The Denver Post has this news update.
Posted at 10:00 PM by Howard Bashman


"High court to consider buffer zones at abortion clinics; The case is one of many this term testing the limits of outer limits of free speech; Others include campaign contributions, prayer at government meetings and protests at military facilities": Richard Wolf will have this article in Tuesday's edition of USA Today.
Posted at 09:57 PM by Howard Bashman


"Madoff trustee wins court fight over Picower settlement": Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 08:40 PM by Howard Bashman


"Is Eric Holder Making Up Gay Marriage Law As He Goes Along? Or is this how progress happens?" Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 07:42 PM by Howard Bashman


"Counsel Rests: Why did Mitch McConnell -- not the Senate's lawyer -- participate in Monday's recess appointments case at the Supreme Court?" Law professor Neal Devins has this jurisprudence essay online at Slate.
Posted at 07:40 PM by Howard Bashman


"A Year After Aaron Swartz's Death, Our Terrible Computer Crime Laws Remain Unchanged": Justin Peters has this blog post online today at Slate.
Posted at 07:36 PM by Howard Bashman


"Senate completes overhaul of key appeals court": The Associated Press has this updated report.

At "The BLT: The Blog of Legal Times," Todd Ruger has a post titled "Senate Confirms Wilkins to D.C. Circuit."

And The Hill has a blog post titled "Senate confirms third judicial nominee to DC Court."

You can access the U.S. Senate's official roll call vote tally, totaling 55-to-43 in favor of confirmation, at this link.
Posted at 07:20 PM by Howard Bashman



"Risen lawyers file SCOTUS petition": Lucy McCalmont has this blog post at Politico.com. You can access the petition for writ of certiorari at this link.
Posted at 07:08 PM by Howard Bashman


"Public access to the states' highest courts: a report card." Open Virginia Law has this blog post today linking to a detailed report that the organization issued today evaluating public access in all 50 states.
Posted at 06:05 PM by Howard Bashman


"Justices Voice Doubts on Obama Recess Appointments": Adam Liptak will have this article in Tuesday's edition of The New York Times.

And in Tuesday's edition of The Washington Post, Robert Barnes will have an article headlined "Court skeptical of legality of Obama's recess appointments."
Posted at 05:50 PM by Howard Bashman



"Supreme Court Lets Stand Ruling Bolstering Gadget Privacy at U.S. Border": David Kravets has this post today at Wired.com's "Threat Level" blog.
Posted at 05:46 PM by Howard Bashman


"Utah's 3 Arguments, and Counting, Against Gay Marriage": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 05:44 PM by Howard Bashman


"President Obama seeks to leave mark on the bench": Politico.com has this report.
Posted at 05:40 PM by Howard Bashman


"Senate to complete overhaul of key appeals court": The Associated Press has a report that begins, "The Senate is set to confirm one of President Barack Obama's key judicial nominees and complete an overhaul of the country's second most powerful court."
Posted at 05:32 PM by Howard Bashman


"US Supreme Court won't hear Nevada ballot case": The Associated Press has a report that begins, "Nevada's unique 'none of the above' voting option for statewide races will remain an election spoiler for the foreseeable future after the U.S. Supreme Court declined Monday to consider an appeal by national Republicans."
Posted at 04:13 PM by Howard Bashman


"I am writing to inform you that the Federal Law Clerk Hiring Plan has effectively been discontinued and no further dates are being set in connection with that plan." So states a memo that the director of the Administrative Office of the United States Courts sent to all federal judges today.
Posted at 04:06 PM by Howard Bashman


"Supreme Court skeptical of presidents' appointment power; A ruling that goes against the White House could throw into doubt past appointments as well as decisions made by the National Labor Relations Board": Richard Wolf of USA Today has this report.

You can access at this link the transcript of today's U.S. Supreme Court oral argument in NLRB v. Canning, No. 12-1281.
Posted at 02:25 PM by Howard Bashman



"Recess appointments appear in jeopardy": The Hill has this report.

At "The BLT: The Blog of Legal Times," Marcia Coyle has a post titled "Supreme Court Struggles With Clash Over Recess Appointments."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: An uneasy day for presidential power."
Posted at 01:37 PM by Howard Bashman



"Supreme Court to consider abortion clinic protests": Jennifer Haberkorn of Politico.com has this report.
Posted at 01:02 PM by Howard Bashman


"President's recess appointment power at high court": Mark Sherman of The Associated Press has this report.

Greg Stohr of Bloombeg News reports that "Obama's Recess Appointments Questioned by U.S. Supreme Court."

And Lawrence Hurley of Reuters reports that "U.S. justices skeptical about Obama labor board appointments."
Posted at 12:14 PM by Howard Bashman



"Arizona's abortion ban won't be revived by Supreme Court": The Arizona Republic has this news update.

Howard Fischer of The Arizona Daily Star has a news update headlined "Arizona cannot enforce abortion ban, Supreme Court rules."

Adam Liptak of The New York Times has a news update headlined "Supreme Court Won't Hear Arizona Appeal on Abortion Ban."

Robert Barnes of The Washington Post has a news update headlined "Supreme Court won't revive Arizona's strict abortion rules."

And David G. Savage of The Los Angeles Times has a news update headlined "Supreme Court turns down Arizona abortion challenge."
Posted at 11:36 AM by Howard Bashman



"Guilty plea by '09 underwear bomber will stand": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 11:14 AM by Howard Bashman


"Taxes on severance pay? U.S. Supreme Court to hear case." Reuters has this report.
Posted at 11:08 AM by Howard Bashman


"Balance Of Power At Stake In High Court Case": This audio segment featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."

And Bill Mears of CNN.com reports that "White House faces off against Congress in Supreme Court."
Posted at 11:00 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, but the Court did call for the views of the Solicitor General in three cases.

In early news coverage, The Associated Press reports that "Court won't revive Arizona's 20-week abortion ban" and "High court rejects ex-Somali official's case."

Greg Stohr of Bloomberg News reports that "Abortion Foes Rebuffed as Court Won't Revive 20-Week Ban"; "Madoff Trustee Case Against Banks Draws Top Court Inquiry"; "Internet Patent Owner Loses High Court Bid to Revive Suit"; "Bin Laden Photos Won't Be Released as Court Spurns Appeal"; "Organic Farmers Rejected by Top Court on Monsanto Patents"; and "Metso Rejected by U.S. Court on $32 Million Terex Award."

Lawrence Hurley of Reuters reports that "Supreme Court declines to hear Arizona abortion appeal" and "U.S. top court seeks Obama administration's views in Madoff trustee case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court bypasses abortion test case."
Posted at 09:35 AM by Howard Bashman



"Argument preview: Rights to old rights-of-way." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 07:18 AM by Howard Bashman


Sunday, January 12, 2014

"Hells Angels case, Marc Nadon reference top Supreme Court's winter agenda": Postmedia News has this report from Canada.
Posted at 10:32 PM by Howard Bashman


"Where Free Speech Collides With Abortion Rights": Adam Liptak will have this article in Monday's edition of The New York Times.
Posted at 09:38 PM by Howard Bashman


"Supreme Court takes up case of buffer zones around abortion clinics": Cheryl Wetzstein of The Washington Times has this report.
Posted at 08:53 PM by Howard Bashman


"Court weighs president's recess appointments power": Mark Sherman of The Associated Press has this report.

Warren Richey of The Christian Science Monitor has an article headlined "Obama's recess appointments: Supreme Court to hear landmark case; Who has the authority to decide when the Senate is officially in session, the president or senators themselves? The Supreme Court Monday will hear a case focusing on President Obama's recess appointments."

Joan Biskupic of Reuters has a news analysis headlined "Weighing power among branches, U.S. court could tip against president."

And today's edition of The New York Times contains an editorial titled "Protect the President's Appointments."
Posted at 08:52 PM by Howard Bashman



"Upcoming Supreme Court cases are weighty, if not numerous": Robert Barnes will have this article in Monday's edition of The Washington Post.
Posted at 08:45 PM by Howard Bashman


"Utahns call for civility in contentious same-sex marriage debate": This article appears today in The Deseret News.
Posted at 08:20 AM by Howard Bashman


"Group weighs ditching bar exam; Law school grads who remain in Iowa could practice without taking the test, but critics have concerns": Grant Rodgers has this front page article today in The Des Moines Register.
Posted at 08:14 AM by Howard Bashman


"Supreme Court case highlights U.S. labor agency political divide": Amanda Becker and Carlyn Kolker of Reuters have this report.
Posted at 08:07 AM by Howard Bashman


"At 72, Chief Justice Bender retires from Colorado Supreme Court": This article appears today in The Denver Post.
Posted at 08:05 AM by Howard Bashman


"U.S. Supreme Court to hear arguments on Massachusetts' abortion clinic buffer zone law": The Republican of Springfield, Massachusetts has this report today.
Posted at 08:00 AM by Howard Bashman


"Argument preview: A sequel to Stern." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 07:56 AM by Howard Bashman


"Under the U.S. Supreme Court: The good sisters tangle with Obamacare." Michael Kirkland of UPI has this report.
Posted at 07:46 AM by Howard Bashman


Saturday, January 11, 2014

"Legal and Moral Dimensions of Utah's Same-Sex Marriage Fight": Law professor Richard Epstein has this post at "Ricochet."
Posted at 11:40 PM by Howard Bashman


"Jim Duquette: An appeal by Alex Rodriguez would violate Basic Agreement." Mark Herrmann of Newsday has this report.
Posted at 10:40 PM by Howard Bashman


"Court tells Yelp it must reveal some critics' identities": Bob Egelko, Caleb Garling, and Ben Muessig of The San Francisco Chronicle have this report.

My earlier coverage of the recent ruling of the Court of Appeals of Virginia can be accessed here.
Posted at 10:38 PM by Howard Bashman



"Va. Supreme Court rules for The Pilot in libel case": This article appears today in The Virginian-Pilot.

And Frank Green of The Richmond Times-Dispatch reports today that "Va. Supreme Court upholds tossing of libel verdict against Virginian-Pilot."

You can access yesterday's ruling of the Supreme Court of Virginia at this link.
Posted at 10:33 PM by Howard Bashman



"Colorado says goodbye to retiring Supreme Court Chief Justice Michael Bender": The Denver Post has this blog entry.
Posted at 10:06 PM by Howard Bashman


"Eric Holder Criticized On Anniversary Of Aaron Swartz Death": Matt Sledge of The Huffington Post has this report.

And Megan Geuss of Ars Technica reports that "On the anniversary of the death of Aaron Swartz, Anonymous hacks MIT again; And one year after the activist's suicide, Swartz's father speaks to Boston Magazine."

Update: At "The Switch" blog of The Washington Post, Andrea Peterson has an entry titled "The law used to prosecute Aaron Swartz remains unchanged a year after his death."
Posted at 10:04 PM by Howard Bashman



"Administration: Birth control doesn't directly violate company's religious rights." Jennifer Haberkorn of Politico.com has a report that begins, "The Obama administration has asked the Supreme Court to uphold the Affordable Care Act's requirement that most employers provide contraception in their health plans, even if a company's owners have religious objections."
Posted at 09:32 PM by Howard Bashman


"Blogger's Incarceration Raises First Amendment Questions": Campbell Robertson will have this article in Sunday's edition of The New York Times.
Posted at 09:23 PM by Howard Bashman


"High court case: abortion clinic protest-free zone." Mark Sherman of The Associated Press has this report.
Posted at 09:20 PM by Howard Bashman


"The Myth of the Anti-Government Constitution: The Supreme Court should overturn a circuit-court ruling in Noel Canning v. NLRB that would hamstring the president's ability to make recess appointments." Law professor Peter M. Shane has this essay online today at The Atlantic.
Posted at 08:57 PM by Howard Bashman


"Supreme Court to hear Cincinnati free-speech case; Billboard ad campaign against congressional candidate challenged in 2010": This article appears today in The Cincinnati Enquirer.

The Dayton Daily News reports that "Supreme Court to hear election case; Cincinnati case led to lawsuit over false campaign statements."

And The Hill has a blog post titled "High court to hear Susan B. Anthony List case."
Posted at 08:55 PM by Howard Bashman



"Federal appeals court rules Alabama property tax system is not discriminatory, rejects lawsuit filed by poor schoolchildren": The Huntsville Times has this report.

And The Associated Press reports that "Alabama's property tax system survives challenge; Court panel's ruling keeps Alabama's low rate intact."

You can access yesterday's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 02:18 PM by Howard Bashman



"Argument preview: The nomination wars." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 02:10 PM by Howard Bashman


Friday, January 10, 2014

"Supreme Court to Hear Pom Wonderful's Case Against Coca-Cola; Pomegranate Juice Company Alleges Consumers Were Deceived by Competing Beverage": Brent Kendall of The Wall Street Journal has this report.
Posted at 11:44 PM by Howard Bashman


"Supreme Court to mull right to lie in political ads": Byron Tau has this post at Politico.com.

And Lawrence Hurley of Reuters reports that "U.S. justices agree to hear challenge to Ohio speech law."
Posted at 11:18 PM by Howard Bashman



"A defining moment for the court": Columnist George F. Will of The Washington Post has this op-ed.
Posted at 11:16 PM by Howard Bashman


"U.S. 5th Circuit Court of Appeals panel upholds multibillion-dollar BP oil spill settlement": The Times-Picayune of New Orleans has this report on the ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued today.

In other coverage, The Associated Press reports that "Court upholds approval of BP oil spill settlement."

Bloomberg News reports that "BP Oil-Spill Settlement Approval Upheld by Appeals Court."

And Reuters reports that "U.S. appeals court affirms BP settlement in 2010 Gulf oil spill."
Posted at 10:57 PM by Howard Bashman



"Supreme Court to Hear Case Pitting Aereo Service Against Broadcasters; Copyright Ruling Has Potential to Upend the Television Industry": Brent Kendall of The Wall Street Journal has this report.

Update: In other coverage, at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Supreme Court Grants Review in ABC v. Aereo Showdown."
Posted at 03:44 PM by Howard Bashman



"Role Reversals Emerge in Fight Against Recess Appointments": Carl Hulse will have this article in Saturday's edition of The New York Times.
Posted at 03:42 PM by Howard Bashman


"11th Circuit Won't Recuse Itself from Murder Case Involving One of Its Own" Joe Palazzolo has this post at WSJ.com's "Law Blog" reporting on a per curiam ruling that a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 03:40 PM by Howard Bashman


"Robert Wilkins' D.C. Circuit Confirmation Vote Set for Monday": Todd Ruger has this post today at "The BLT: The Blog of Legal Times."
Posted at 03:32 PM by Howard Bashman


Access online today's Order List of the U.S. Supreme Court: The Court this afternoon granted review in eight new cases. You can access today's Order List at this link.

In early news coverage, The Associated Press reports that "Court to rule on television over Internet service" and "High court takes POM Wonderful, Coke label fight."

Greg Stohr of Bloomberg News reports that "Broadcasters Get U.S. Supreme Court Review in Bid to Stop Aereo"; "Argentina Gets U.S. Supreme Court Hearing in Bank Case"; "Technology Patent Case Accepted by Court at Google Urging"; and "Coca-Coca Pomegranate Drink Targeted in High Court Case."

Lawrence Hurley of Reuters reports that "U.S. top court agrees to hear broadcasters' case against Aereo"; "U.S. top court agrees to hear Argentina bank subpoenas case" and "U.S. high court agrees to hear Coca-Cola labeling dispute."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court grants eight cases."
Posted at 03:12 PM by Howard Bashman



"In Supreme Court case, business group targets Obama appointments": Lawrence Hurley of Reuters has this report.
Posted at 02:44 PM by Howard Bashman


"This Supreme Court Case Could Upend The Separation Of Powers": Sahil Kapur of TPM DC has this report today.
Posted at 12:40 PM by Howard Bashman


"Feds recognize same-sex couples in Utah": The Associated Press has a report that begins, "Attorney General Eric Holder is recognizing the marriages of more than 1,000 same-sex couples in Utah that took place before the Supreme Court put those unions on hold."

In other coverage, Charlie Savage of The New York Times has a news update headlined "U.S. to Recognize Utah Gay Marriages Despite State Stance."

And Brooke Adams of The Salt Lake Tribune has a news update headlined "Feds recognize same-sex marriages in Utah; U.S. Attorney General says couples 'should not be asked to endure uncertainty regarding their status.'"
Posted at 12:03 PM by Howard Bashman



"Reid's Uncompromising Power Play in Senate Rankles Republicans": Jonathan Weisman has this article today in The New York Times.
Posted at 09:58 AM by Howard Bashman


"Dueling NSA rulings highlight shifting law in digital age": Chris Mondics has this article today in The Philadelphia Inquirer.
Posted at 08:25 AM by Howard Bashman


Thursday, January 9, 2014

"Court Hears Arguments in Online Defamation Case": The Texas Tribune has this report.

And The Associated Press reports that "Defamatory online posts revisited by Texas court."

You can access the video of today's oral argument in the Supreme Court of Texas at this link. And you can access the briefs and other filings in the case via this link.
Posted at 11:35 PM by Howard Bashman



"Wis. judges on 7th Circuit uphold jail booking fee, over strong dissent": Today at the "Proof & Hearsay" blog of The Milwaukee Journal Sentinel, Bruce Vielmetti has this post reporting on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued yesterday.
Posted at 11:32 PM by Howard Bashman


"Presidential power case before court hinges on history; Issues ranging from same-sex marriage to legislative prayer also have offered justices a difficult question: How much weight should be given to centuries of historical practices?" Richard Wolf of USA Today has this report.
Posted at 10:15 PM by Howard Bashman


"Recap: Virginia Supreme Court Hearing on FOIA, Scientific Research, and Michael Mann." Michael Halpern has this post today at "The Equation" blog of the Union of Concerned Scientists.
Posted at 07:54 PM by Howard Bashman


"Silence suggests Supreme Court divided over contraception case": David G. Savage of The Los Angeles Times has this news update.
Posted at 06:10 PM by Howard Bashman


"Moldy washers cases put class actions in U.S. top court's spotlight": Lawrence Hurley of Reuters has this report.
Posted at 05:44 PM by Howard Bashman


"Supreme Court will hear dispute over presidential appointments": Michael Doyle of McClatchy Washington Bureau has this report.
Posted at 05:14 PM by Howard Bashman


"Dude, You Can't Copyright That Hookah." David Kravets has this post today at Wired.com's "Threat Level" blog.

My earlier coverage of today's Ninth Circuit ruling can be accessed here.
Posted at 04:35 PM by Howard Bashman



"Sen. John Cornyn blesses nomination of Gregg Costa to the Fifth Circuit": John Council has this post today at the "Tex Parte" blog of Texas Lawyer.
Posted at 04:33 PM by Howard Bashman


"Reining in Crazy Class-Action Lawsuits: Consumers will pay the price if the Supreme Court doesn't stop the madness." Tiger Joyce, president of the American Tort Reform Association, has this essay today at National Review Online.
Posted at 02:55 PM by Howard Bashman


"Same-sex marriage and 'perk' time": The "Utah Crime & Courts" blog of The Salt Lake Tribune has this post today.

And The Associated Press reports that "Group seeks fed recognition for Utah gay marriages."
Posted at 02:14 PM by Howard Bashman



"We must decide whether the shape of a hookah water container is entitled to copyright protection." So begins an opinion that a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 01:42 PM by Howard Bashman


"Judicial Nominee Votes Delayed On Capitol Hill": Todd Ruger has this post at "The BLT: The Blog of Legal Times."
Posted at 01:03 PM by Howard Bashman


"Eyes On The Courts: 2014 Will Be Pivotal For Voting Rights." Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this essay online today at TPM Cafe.
Posted at 01:02 PM by Howard Bashman


"Filibuster Reform Puts A Twist On SCOTUS Recess-Appointment Case": Sahil Kapur of TPM DC has this report today.
Posted at 10:40 AM by Howard Bashman


"Why Sonia Sotomayor doesn't wear dentures": Robert Barnes of The Washington Post has this report.
Posted at 10:33 AM by Howard Bashman


"3 Big Questions About The 1,360 Same-Sex Couples Married In Utah; Although the Utah governor and attorney general attempted to clarify the situation for the couples on Wednesday, the questions -- and, likely, lawsuits -- are just beginning": Chris Geidner of BuzzFeed has this report.
Posted at 08:54 AM by Howard Bashman


"Constitution Check: Are there no limits on Second Amendment rights?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:42 AM by Howard Bashman


"Polygamy as Lifestyle Choice, and a Reality TV Brand": John Schwartz has this article today in The New York Times.
Posted at 08:30 AM by Howard Bashman


Wednesday, January 8, 2014

"Supreme Spin Cycle: Two cases test whether lower-court judges can ignore precedents." This editorial will appear in Thursday's edition of The Wall Street Journal.

You can freely access the full text of the editorial via Google.
Posted at 11:35 PM by Howard Bashman



"Government asks for stay in surveillance lawsuit": The Associated Press has this report.
Posted at 10:57 PM by Howard Bashman


"Prosecutors urge court to deny Barry Bonds a rehearing": The Associated Press has this report on the federal government's opposition to the defendant/appellant's pending petition for rehearing en banc. You can access many of the earlier Ninth Circuit filing in the case via this link.
Posted at 10:54 PM by Howard Bashman


"Yelp must turn over names of seven negative reviewers to Hadeed Carpet, court rules": The Washington Times has this news update reporting on the ruling that a partially divided three-judge panel of the Court of Appeals of Virginia issued today.
Posted at 10:35 PM by Howard Bashman


"On Senate Blue-Slips, A Modest Proposal": Andrew Cohen has this essay online today at the Brennan Center for Justice.
Posted at 05:46 PM by Howard Bashman


"Flurry of Legal Wrangling Follows Third Circuit's Holding that GSK is Delaware Citizen for Diversity Purposes": Today at the "Civil Procedure & Federal Courts Blog," law professor Patricia W. Moore has a post that begins, "Back in June, we reported that the Third Circuit held that a ten-by-ten foot subleased office made Delaware the principal place of business of a GlaxoSmithKline holding company, and thus upheld diversity jurisdiction over a personal injury action."
Posted at 05:16 PM by Howard Bashman


"The other shoe: Same-sex marriage in Utah." A post today at the "Democracy in America" blog of The Economist begins, "Antonin Scalia pens his irascible, shoot-from-the-hip dissents 'for law students,' but apparently judges sometimes read them too."
Posted at 04:28 PM by Howard Bashman


"New Delaware Supreme Court nominee Strine speaks! (Well, sort of)." Alison Frankel's "On the Case" from Thomson Reuters News & Insight today has this report, with an assist from Reuters correspondent Tom Hals.
Posted at 04:20 PM by Howard Bashman


"Sewell pushes for more black federal judges": Mary Orndorff Troyan of The Montgomery (Ala.) Advertiser today has an article that begins, "Civil rights advocates are encouraging President Barack Obama to nominate an African-American to the 11th U.S. Circuit Court of Appeals, which would be a first from Alabama."
Posted at 03:55 PM by Howard Bashman


"Limits on the Treaty Power": U.S. Senator Ted Cruz (R-TX) has this essay online today at the Harvard Law Review Forum.
Posted at 03:54 PM by Howard Bashman


"Forget the Framers: The Supreme Court should not rely on James Madison in deciding how much power the president has to make recess appointments." Law professor Eric Posner has this essay online today at Slate.
Posted at 03:50 PM by Howard Bashman


"The Supreme Court and the Dragon: Like Smaug from The Hobbit, the Roberts Court is remote, protective, and prone to sudden displays of fierceness." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 02:54 PM by Howard Bashman


"Pennsylvania courts ban nepotism, judges serving on corporate boards": The Morning Call of Allentown, Pennsylvania has a news update that begins, "Pennsylvania judges will be barred from serving on corporate boards under new rules announced by the state Supreme Court on Wednesday, part of an overhaul of the state's dated judicial canons."

You can access today's order of the Supreme Court of Pennsylvania adopting a new Code of Judicial Conduct at this link.
Posted at 02:53 PM by Howard Bashman



"State recognition of same-sex marriage 'on hold,' governor's office says": The Deseret News has this update.

Brooke Adams and Matt Piper of The Salt Lake Tribune have a news update headlined "Utah puts hold on same-sex marriages that occurred before stay."

Jack Healy of The New York Times has a news update headlined "Utah Governor's Office Says State Won't Recognize Same-Sex Marriages."

And The Associated Press reports that "Supreme Court complicates gay marriages in Utah."
Posted at 02:44 PM by Howard Bashman



Access online recent filings in connection with the petition for permission to appeal now pending in the U.S. Court of Appeals for the Third Circuit relating to the so-called "GSK venue question": Yesterday, GSK electronically filed this opposition to the petition for permission to appeal.

And earlier today, on behalf of the plaintiffs/petitioners, I filed a motion for leave to file reply in support of petition for permission to appeal, which contains as an attachment the plaintiffs' reply.
Posted at 02:33 PM by Howard Bashman



"Markell picks Strine for chief justice": The News Journal of Wilmington, Delaware has an update that begins, "Gov. Jack Markell today announced the nomination of Chancellor Leo E. Strine Jr. to serve as chief justice of Delaware's Supreme Court."

And Reuters reports that "Outspoken Strine nominated to lead Delaware Supreme Court."

The Governor of Delaware's office issued a news release today titled "Governor Markell Nominates Leo E. Strine, Jr. for Chief Justice of Delaware Supreme Court."
Posted at 02:10 PM by Howard Bashman



"On Thursday, the Virginia Supreme Court will hear oral arguments in the American Tradition Institute's lawsuit seeking the private correspondence of climate scientist Michael Mann and dozens of other scientists." So begins a post that Michael Halpern had yesterday at "The Equation" blog of the Union of Concerned Scientists.
Posted at 08:37 AM by Howard Bashman


"Indiana Supreme Court set to umpire RailCats foul ball lawsuit": The Times of Munster, Indiana has this report.
Posted at 08:23 AM by Howard Bashman


"Marc Dann back arguing before Ohio Supreme Court": The Columbus Dispatch has this report.
Posted at 08:22 AM by Howard Bashman


"Obama's Supreme Court foe: Nuns who care for the elderly poor." FoxNews.com has this report.
Posted at 08:20 AM by Howard Bashman


"Halliburton alert! New briefs argue Congress never endorsed Basic." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.
Posted at 08:00 AM by Howard Bashman


Tuesday, January 7, 2014

"The opinions are tedious, pompous anti-models of judicial writing, no advertisement for the method of originalism." But tell us how you really feel about District of Columbia v. Heller, law professor Eric Posner.
Posted at 11:58 PM by Howard Bashman


"Questions still unanswered about rights of Utah's married same-sex couples; During stay, are they valid or not?" Brooke Adams, Lindsay Whitehurst, and Erin Alberty will have this article in Wednesday's edition of The Salt Lake Tribune.

And in Wednesday's edition of The New York Times, Jack Healy will have an article headlined "Uncertainty in Utah as Appeals Process Plays Out Over Gay Marriage."
Posted at 11:34 PM by Howard Bashman



"A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case." That's the title of an event that The Heritage Foundation hosted today in Washington, DC, and you can view the video on YouTube by clicking here.
Posted at 07:51 PM by Howard Bashman


"Susan Peikes Gantman Elected President Judge of Pennsylvania Superior Court": The Administrative Office of Pennsylvania Courts issued this news release today.
Posted at 07:44 PM by Howard Bashman


"White House Gives Up On William Thomas, Gay Black Judicial Nominee Blocked By Marco Rubio": Jennifer Bendery of The Huffington Post has this report.
Posted at 07:18 PM by Howard Bashman


"Judges challenge U.S. SEC over 'conflict minerals' rule": Reuters has this report.

And Jeremy P. Jacobs of Greenwire reports that "Court receptive to overturning SEC's conflict minerals disclosure rule."
Posted at 03:40 PM by Howard Bashman



"Technology? Some justices want to keep distance." Mark Sherman of The Associated Press has this report.
Posted at 03:35 PM by Howard Bashman


"Patent litigation threat looms over network providers": Online at the Washington Examiner, Gary Shapiro -- president and CEO of the Consumer Electronics Association -- has this essay about a case that the U.S. Supreme Court is considering whether to review.
Posted at 01:45 PM by Howard Bashman


"Judicial Nominees Start Over in Senate": Todd Ruger has this post today at "The BLT: The Blog of Legal Times."
Posted at 01:22 PM by Howard Bashman


"Supreme Court stay on marriage shows desire for slower process": This article appears today in The Deseret News. The newspaper has also posted online an editorial titled "Supreme Court stay a promising sign for democracy, federalism, families."

In today's edition of The Salt Lake Tribune, Brooke Adams and Lindsay Whitehurst have an article headlined "Supreme Court halts Utah gay marriages pending appeal; Utah attorney general says the Monday ruling puts married same-sex couples in 'legal limbo.'" Yesterday's edition of the newspaper contained an editorial titled "Time to let gay marriage ban go, Utah: Gay marriage is not going away."

And yesterday's broadcast of NPR's "All Things Considered" contained an audio segment titled "U.S. Supreme Court Halts Gay Marriages In Utah" featuring Nina Totenberg, while today's broadcast of "Morning Edition" contained an audio segment titled "High Court Stops Gay Marriages In Utah."
Posted at 01:18 PM by Howard Bashman



"Education Groups Urge High Court to Take Up 'Boobies' Speech Case": Mark Walsh has this post today at the "School Law" blog of Education Week.
Posted at 11:20 AM by Howard Bashman


"Utah Gay-Marriage Ban Was a Predictable Disaster": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 08:37 AM by Howard Bashman


"The Constitution in 2014: Election rules." Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:27 AM by Howard Bashman


Monday, January 6, 2014

"Abrogation Magic: The Rules Enabling Act, Civil Rule 84, and the Forms." Law professor Brooke D. Coleman posted this essay online yesterday at SSRN (via "Civil Procedure & Federal Courts Blog").

The essay's abstract begins, "The Committee on the Federal Rules of Practice and Procedure seeks to abrogate Federal Rule of Civil Procedure 84 and its attendant Official Forms."
Posted at 11:37 PM by Howard Bashman



"City's gun ordinance ruled unconstitutional by federal judge": The Chicago Tribune has this news update.

The Chicago Sun-Times has a news update headlined "Federal judge rules city ban on handgun sales unconstitutional."

Bloomberg News reports that "Chicago Ban on Gun Sales Within City Struck Down by Judge."

The Associated Press has a report headlined "Judge: Chicago's ban on gun sales unconstitutional."

And Reuters reports that "Judge rules Chicago ban on gun sales is unconstitutional."

You can access today's ruling of the U.S. District Court for the Northern District of Illinois at this link.
Posted at 11:25 PM by Howard Bashman



"Pennsylvania Supreme Court Agrees to Hear Cozen Campaign Finance Case from Philadelphia": Rick Hasen has this post today at his "Election Law Blog."
Posted at 06:10 PM by Howard Bashman


Access the audio of today's Fifth Circuit oral argument in Planned Parenthood v. Gregory Abbott: You can access the audio via this link (23 MB Windows Media audio file).

Earlier today, I had posts previewing the oral argument and collecting early news coverage of the argument.
Posted at 04:13 PM by Howard Bashman



"Paul Clement Takes on Health Care Law Again": Todd Ruger has this post at "The BLT: The Blog of Legal Times."
Posted at 04:05 PM by Howard Bashman


"Court asked to force Scott to pick lt. governor": The Associated Press has this report on a petition for writ of mandamus filed today in the Supreme Court of Florida challenging Gov. Rick Scott's decision to leave the post of lieutenant governor vacant for nearly nine months.
Posted at 03:38 PM by Howard Bashman


"Supreme Court bobbleheads a mini history lesson": Jan Crawford had this video segment on today's broadcast of "CBS This Morning."
Posted at 03:27 PM by Howard Bashman


"U.S. Supreme Court puts same-sex marriage in Utah on hold; unclear how stay affects marriages already performed": The Deseret News has this update.

The Salt Lake Tribune has a news update headlined "Supreme Court halts gay marriage in Utah."

And Agence France-Presse reports that "US Supreme Court temporarily blocks gay marriage in Utah."
Posted at 01:32 PM by Howard Bashman



"Appeals judges grill both sides over Texas abortion law": The Dallas Morning News has this blog post.

The Associated Press reports that "Federal appeals court reviews Texas abortion law."

And Bloomberg News has an updated report headlined "Texas Seeks to Revive Abortion Law as Clinics Cut Service."
Posted at 01:28 PM by Howard Bashman



"Life and death of electing judges: Supreme Court Justice Sonia Sotomayor's dissent rekindles debate on justice in America." Bert Brandenburg has this op-ed today in USA Today.
Posted at 12:18 PM by Howard Bashman


"Substantial Confusion on RFRA's 'Substantial Burden' Requirement?" Ed Whelan has this post today at National Review Online's "Bench Memos" blog.
Posted at 11:12 AM by Howard Bashman


"Court stops Utah gay marriages": At "SCOTUSblog," Lyle Denniston has a post that begins, "The Supreme Court on Monday morning put on hold a federal judge's decision striking down Utah's ban on same-sex marriage, thus putting a stop to wave of such marriages across the state."

You can view this morning's order of the U.S. Supreme Court granting the stay at this link. No dissents from the issuance of a stay are noted.

In other coverage, The Associated Press reports that "Supreme Court puts Utah same-sex marriage on hold."

Adam Liptak of The New York Times has a news update headlined "Justices Halt Gay Marriage in Utah Pending Appeal."

Robert Barnes of The Washington Post has a news update headlined "Supreme Court halts same-sex marriages in Utah pending appeal."

Richard Wolf of USA Today reports that "Supreme Court puts Utah same-sex marriage on hold."

Lawrence Hurley of Reuters reports that "Supreme Court halts gay marriage in Utah."

Greg Stohr of Bloomberg News reports that "Gay Marriage in Utah Halted by Supreme Court Pending Appeal."

At WSJ.com's "Law Blog," Brent Kendall has a post titled "Supreme Court Halts Same-Sex Marriages in Utah."

At "The Note" blog of ABC News, Ariane de Vogue has a post titled "Supreme Court Orders Halt to Utah Gay Marriages."

And Chris Geidner of BuzzFeed reports that "Supreme Court Halts Utah Same-Sex Couples' Marriages While Case Is Appealed; The case is on appeal before the 10th Circuit, but, for now, same-sex couples will wait."
Posted at 10:35 AM by Howard Bashman



Access online Utah's reply filed this morning in the U.S. Supreme Court in support of that state's request for a stay of a federal district judge's order allowing same-sex marriages: You can access the reply at this link (via BNA).
Posted at 10:33 AM by Howard Bashman


"Appeals court taking up Texas law that's shuttered abortion clinics": This front page article appears today in The Dallas Morning News.

The Associated Press reports that "Federal appeals court to review Texas abortion law."

And Bloomberg News reports that "Texas Seeks to Revive Abortion Law as Clinics Cut Service."

The appeal is scheduled to be argued this morning in New Orleans before an all-female, all-Texan, three-judge panel of the U.S. Court of Appeals for the Fifth Circuit consisting of Circuit Judges Edith H. Jones, Jennifer Walker Elrod, and Catharina Haynes.

Later today, when the Fifth Circuit posts online the recording of the oral argument audio, I will link to it.
Posted at 08:34 AM by Howard Bashman



"The Al Qaeda Switchboard: Could phone surveillance have prevented 9/11?" Lawrence Wright has this Comment in the Talk of the Town section of the January 13, 2014 issue of The New Yorker.
Posted at 08:17 AM by Howard Bashman


"Employers Beat Back Big Lawsuits In 2013, But This Year Might Be Tougher": Daniel Fisher has this post online today at Forbes.com.
Posted at 08:14 AM by Howard Bashman


"State Supreme Court's landmark ruling on gas drilling sets constitutional precedent; Mistake by Gov. Tom Corbett's legal team helped court render its decision, court record shows": This front page article appears today in The Morning Call of Allentown, Pennsylvania.
Posted at 08:12 AM by Howard Bashman


"Crack Cocaine Limbo": Linda Greenhouse has this op-ed in today's edition of The New York Times.
Posted at 08:09 AM by Howard Bashman


Sunday, January 5, 2014

"I Could Have Stopped Waterboarding Before It Happened: An exclusive account from the CIA's former top lawyer." John Rizzo has this excerpt from his forthcoming new book -- "Company Man: Thirty Years of Controversy and Crisis in the CIA" -- online at Politico Magazine.
Posted at 11:05 PM by Howard Bashman


"High-stakes case pits small firm against plaintiff's bar, FCC; A legal odyssey that began with a fax sent to a prospective client could end up at the Supreme Court": David Phelps of The Minneapolis Star Tribune has this report.
Posted at 10:35 PM by Howard Bashman


"If Businesses Can Talk, They Can Pray": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 10:32 PM by Howard Bashman


"Sex offender seeks admission to Kentucky bar": Brett Barrouquere of The Associated Press has this report.
Posted at 10:15 PM by Howard Bashman


"Aspiring Florida lawyer cheers as California grants license to undocumented immigrant": The South Florida Sun Sentinel has this report.
Posted at 10:14 PM by Howard Bashman


"Gay marriage tourism not on Utah's radar; States, such as Hawaii and New Mexico, have started campaigns to draw same-sex couples": This article appears today in The Salt Lake Tribune.
Posted at 10:09 PM by Howard Bashman


"Abortion Rights as a Free-Speech Flashpoint: The Supreme Court has a chance to fix its mistake in this First Amendment case." Floyd Abrams will have this op-ed in Monday's edition of The Wall Street Journal.
Posted at 07:51 PM by Howard Bashman


"What does the form that the government insists the Little Sisters of the Poor must sign actually do?" Law professor Kevin C. Walsh has this post today at the "Mirror of Justice" blog.
Posted at 04:37 PM by Howard Bashman


"Under the U.S. Supreme Court: What Snowden hath wrought." Michael Kirkland of UPI has this report.
Posted at 01:02 PM by Howard Bashman


Saturday, January 4, 2014

"Analysis: The Little Sisters case and EBSA Form 700." Lyle Denniston has this post at "SCOTUSblog."

And in Sunday's edition of The Delaware County (Pa.) Daily Times, columnist Christine Flowers will have an op-ed titled "Little Sister of the Poor earn victory for women in U.S. Supreme Court."
Posted at 10:54 PM by Howard Bashman



"Family of slain Danvers teacher calls SJC ruling eliminating life without parole sentences for juvenile killers 'betrayal' of victims": The Boston Globe has this report.

The Boston Herald has an article headlined "Ritzer kin: No parole for teen murderers."

And The Associated Press reports that "Slain Danvers Teacher's Family Decries Decision On Juvenile Sentences."
Posted at 10:42 PM by Howard Bashman



"Pa. stands in middle of Clean Air battle": Sunday's edition of The Pittsburgh Tribune-Review will contain an article that begins, "Pennsylvania is geographically in the middle of a fight before the Supreme Court over interstate air pollution regulations."
Posted at 10:30 PM by Howard Bashman


"Need-Blind Justice": Adam Liptak will have this news analysis in the Sunday Review section of tomorrow's edition of The New York Times.
Posted at 10:28 PM by Howard Bashman


"'Transparent' detention at Guantanamo? Not anymore; The military spent December systematically reducing the flow of information from the war-on-terror prison camps." Carol Rosenberg of The Miami Herald has this report.
Posted at 09:30 PM by Howard Bashman


"Courts reap what they sow": Columnist Dana Milbank has this op-ed in The Washington Post.
Posted at 08:56 PM by Howard Bashman


"Hot-Button Issues for the Supreme Court in January": Ariane de Vogue has this post today at "The Note" blog of ABC News.
Posted at 08:52 PM by Howard Bashman


"Rampant Prosecutorial Misconduct": This editorial will appear in Sunday's edition of The New York Times.

According to the editorial, "Last month, Alex Kozinski, the chief judge of the United States Court of Appeals for the Ninth Circuit, issued the most stinging indictment of this systemic failure in recent memory."
Posted at 05:16 PM by Howard Bashman



"Cruz hopes to 'soon' renounce Canadian citizenship": The Associated Press has this report.
Posted at 05:14 PM by Howard Bashman


"Appeals court: OK to keep surveillance opinion secret." Josh Gerstein of Politico.com has this blog post.

And at the "Just Security" blog, Steve Vladeck has a post titled "OLC Memos and FOIA: Why the (b)(5) Exemption Matters."
Posted at 02:07 PM by Howard Bashman



"Allowed to Join the Bar, but Not to Take a Job": This front page article appeared in yesterday's edition of The New York Times.
Posted at 02:05 PM by Howard Bashman


"What Justice Nadon's appointment says about the Supreme Court's future": Sean Fine has this article today in The Toronto Globe and Mail.
Posted at 02:03 PM by Howard Bashman


"Transgender Issues Follow Path Blazed By Gay Rights": This audio segment appeared on today's broadcast of NPR's "Weekend Edition Saturday."
Posted at 01:50 PM by Howard Bashman


"Little Sisters of the Government: A revealing case about the Administration and religious conscience." Today's edition of The Wall Street Journal contains this editorial.
Posted at 01:48 PM by Howard Bashman


"Louisiana asks 5th Circuit to transfer its BP claims to another judge": The Times-Picayune of New Orleans has this report.

And The Associated Press has a report headlined "Louisiana AG: Judge is ignoring state's BP claims."

Meanwhile, in related coverage, Bloomberg News reports that "BP Wins Expedited Appeal of Bid to Stop Spill Payments."
Posted at 01:25 PM by Howard Bashman



Friday, January 3, 2014

"Omar Khadr fills prison time with education": The Edmonton Journal has this report.
Posted at 11:48 PM by Howard Bashman


"Appeals court rules Kansas man liable for escape": The Associated Press has a report that begins, "A federal appeals court has ruled that a Kansas man was legally in custody while under house confinement and can be prosecuted for escape for leaving his home."

You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 11:38 PM by Howard Bashman



"Administration faces tough fight on contraception cases": Josh Gerstein at Politico.com has this report.
Posted at 09:12 PM by Howard Bashman


"Christie pulls plug on Supreme Court nominee amid squabble with Democrats": The Newark (N.J.) Star-Ledger has this news update.

And Bloomberg News reports that "Christie Pulls N.J. Top Court Pick in Feud With Democrats."
Posted at 05:14 PM by Howard Bashman



"Gun-rights groups file appeal of SAFE Act decision": The Rochester (N.Y.) Democrat and Chronicle has a news update that begins, "Gun-rights groups Friday filed a notice of appeal of Tuesday's decision that upheld most of New York's gun-control law."
Posted at 04:40 PM by Howard Bashman


Little Sisters ministry files reply in support of continued stay of Affordable Care Act's contraceptive mandate requirement: You can access the reply filed this afternoon in the U.S. Supreme Court at this link.

It begins, "The temporary injunction issued Tuesday night saved Mother Provincial Loraine Marie Maguire from the choice of violating her faith by executing the government's required form, or exposing the Little Sisters' ministry to decimation by IRS penalties."
Posted at 04:33 PM by Howard Bashman



"Court Backs Shielding of Legal Memo on Phone Records": Charlie Savage of The New York Times has this news update.

And The Washington Post has a news update headlined "Appeals court rules that opinion on FBI phone surveillance can remain secret."

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

Update: At "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "DOJ Surveillance Law Memo Can Remain Secret, Court Says."
Posted at 03:26 PM by Howard Bashman



"Justice Dept. Appeals Ruling in NSA Case": WSJ.com's "Washington Wire" blog has a post that begins, "The Justice Department Friday appealed a judge's ruling issued last month that called the National Security Agency's collection of phone records 'almost certainly' unconstitutional."

Update: In other coverage, The Associated Press reports that "Government moves to appeal surveillance ruling."
Posted at 02:44 PM by Howard Bashman



"Women Losing Access to Abortion as Opponents Gain Ground in State Legislatures": Erik Eckholm will have this article in Saturday's edition of The New York Times.
Posted at 01:58 PM by Howard Bashman


"Losing Aaron: After his son was arrested for downloading files at MIT, Bob Swartz did everything in his power to save him. He couldn't. Now he wants the institute to own up to its part in Aaron's death." This lengthy article appears in the January 2014 issue of Boston Magazine.
Posted at 01:35 PM by Howard Bashman


Same-sex marriage plaintiffs file response in U.S. Supreme Court to Utah's stay request: You can access the response at this link.

In early news coverage, The Associated Press reports that "Lawyers ask Supreme Court to allow same-sex unions."

Robert Barnes of The Washington Post has a news update headlined "Same-sex marriage advocates urge Justices to reject Utah's request to stop the unions."

Brooke Adams of The Salt Lake Tribune has a news update headlined "Attorneys: Utah arguments don't warrant stay by U.S. Supreme Court; State's claims already considered and rejected, they say."

The Deseret News has an update headlined "Stopping same-sex marriage would harm couples, children, attorneys argue in Supreme Court brief."

USA Today reports that "Supreme court asked to reject Utah bid to ban gay marriage; A lower court's ruling has triggered a rush of same-sex marriage in the state."

Lawrence Hurley of Reuters reports that "Gay marriage supporters ask top court not to block Utah weddings."

Bill Mears of CNN.com reports that "Supreme Court asked to permit same-sex marriage in Utah."

And Chris Geidner of BuzzFeed reports that "Same-Sex Couples Urge Supreme Court To Let Utah Weddings Continue During Appeal."
Posted at 12:28 PM by Howard Bashman



"Adminstration says Colo. nuns do not need injunction against health law provision": Robert Barnes of The Washington Post has this news update.

David G. Savage of The Los Angeles Times has a news update headlined "No need to delay Obamacare birth control rule, administration says." Earlier, in today's newspaper, he had an article headlined "Compromise remains elusive on health law's contraceptive coverage; Divisions between Catholic leaders and the Obama administration remain so deep that the Supreme Court will probably have to resolve the issue."

Brent Kendall and Louise Radnofsky of The Wall Street Journal have a news update headlined "Obama Administration Urges High Court to Preserve Birth-Control Mandate; U.S. Says Religious Groups Have No Basis for Blocking Provisions."

USA Today reports that "Justice Dept. opposes block on contraceptive mandate; The government responds to an order by Supreme Court Justice Sonia Sotomayor."

The Washington Times has a news update headlined "White House urges Supreme Court to reject nuns' appeal for birth control exemption."

Lawrence Hurley of Reuters reports that "U.S. asks top court not to extend Catholics' contraception exemption."

Jesse J. Holland of The Associated Press has a report headlined "Gov't: Birth control mandate should not be blocked."

Politico.com has reports headlined "Sonia Sotomayor faces health law contraception decision" and "5 key questions about the legal issues of the contraception mandate."

Bill Mears of CNN.com reports that "U.S. asks court to preserve Obamacare contraception mandate." Earlier, he had an article headlined "Supreme Court to rule on Obamacare, same-sex marriage injunctions."

Ryan J. Reilly of The Huffington Post reports that "Obama's Lawyers Shoot Down Catholic Groups' Objections To Birth Control Mandate."

Sahil Kapur of TPM DC reports that "Obama Administration Tells Supreme Court Not To Weaken Birth Control Mandate Under Obamacare."

At "The BLT: The Blog of Legal Times," Marcia Coyle has a post titled "Justice Dept. Opposes Injunction in Nuns' Contraceptive Suit."

The Hill has a blog post titled "DOJ rejects nuns' argument on contraception mandate."

The Tennessean reports today that "Nashville Catholic Diocese buoyed by temporary block of health law's birth control mandate."

And today's edition of The New York Times contains an editorial titled "No Burden on Religion."
Posted at 11:50 AM by Howard Bashman



"Electronic Frontier Foundation appeals the District Court's denial of its request under the Freedom of Information Act for disclosure of a legal opinion prepared for the Federal Bureau of Investigation by the Office of Legal Counsel in the Department of Justice." So begins an opinion that the U.S. Court of Appeals for the D.C. Circuit issued today.

The ruling concludes that "the entire OLC Opinion is exempt from disclosure under the deliberative process privilege."
Posted at 10:23 AM by Howard Bashman



"Filed now: Justice Dept. opposition to temporary block on ACA contraceptive mandate in nuns' suit." A few minutes ago, Michael A. Scarcella had this tweet linking to the federal government's response in opposition.
Posted at 10:15 AM by Howard Bashman


"The President vs. the Senate: Now the Supreme Court will weigh in on Obama's power play to stock the National Labor Relations Board." David B. Rivkin Jr. and Lee A. Casey have this op-ed today in The Wall Street Journal.

You can freely access the full text of the op-ed via Google.
Posted at 10:12 AM by Howard Bashman



"9th Circuit will revisit migrant bail": Michael Kiefer has this article today in The Arizona Republic.

And in today's edition of The Arizona Daily Star, Howard Fischer has an article headlined "Appeals court to review law denying bail to some illegal entrants."

You can access yesterday's order of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc at this link.
Posted at 09:56 AM by Howard Bashman



Thursday, January 2, 2014

"Ruling on insurance, birth control pleases religious groups": This front page article appears today in The Philadelphia Inquirer.

And online today at The New Yorker, Amy Davidson has a blog post titled "Nuns Against the Obamacare Mandate."
Posted at 11:30 PM by Howard Bashman



"Without Jury, Judge Warned That Stop-and-Frisk Ruling Would Be Disputed": Benjamin Weiser and Joseph Goldstein will have this article in Friday's edition of The New York Times.
Posted at 09:04 PM by Howard Bashman


"Court ruling on gay marriage opens door to same-sex divorce in Utah": The Deseret News has this report.
Posted at 06:58 PM by Howard Bashman


"ACLU Appeals Dismissal of Lawsuit Challenging NSA Call-Tracking Program": The ACLU issued this news release today.

In news coverage, Spencer Ackerman of The Guardian (UK) reports that "ACLU will appeal ruling that NSA bulk phone record collection is legal; Appeal is against verdict by New York federal judge; Federal appeals courts drawn into controversy."

And The Associated Press reports that "Lawyers begin appeal of NSA phone ruling in NYC."
Posted at 04:40 PM by Howard Bashman



"Foundation that launched Interior chiefs Watt, Norton doubles down on litigation": Jeremy P. Jacobs of Greenwire has this report today.
Posted at 03:45 PM by Howard Bashman


"Abortion-rights group finds anti-abortion regulations accelerating": The Hill has this blog post reporting on a Guttmacher Institute news release issued today titled "More State Abortion Restrictions Were Enacted in 2011-2013 Than in the Entire Previous Decade."
Posted at 03:42 PM by Howard Bashman


"Miami appeals court throws out murder charges for man claiming self-defense in double killing": David Ovalle has this report on a ruling that a divided three-judge panel of Florida's Third District Court of Appeal issued today.

According to the article, the ruling "marks the first time that Miami's appeals court has granted immunity to someone under Florida's controversial Stand Your Ground law."
Posted at 03:34 PM by Howard Bashman



"The Devil Made Me Do It": A constitutional law professor opting to use the name "Screwtape" has this blog entry today at The Huffington Post capturing a Christmas Eve 2013 conversation between Justice Antonin Scalia and the Devil.
Posted at 02:55 PM by Howard Bashman


"Nuns' Top Court Contraception Objection Delays Health Law": Greg Stohr of Bloomberg News has this report.

And yesterday at "Balkinization," Marty Lederman had a blog post titled "Not Quite Hobby Lobby: The Nonprofit Cases, and Opting Out as Complicity [with UPDATE on Little Sisters 'church plan' situation]."
Posted at 02:30 PM by Howard Bashman



"Prediction: Fourth Amendment Evolves in 2014." Jennifer Granick had this post Tuesday at "Just Security."
Posted at 01:40 PM by Howard Bashman


"Pa. priest released from prison after appeal": The Associated Press has this report.
Posted at 01:30 PM by Howard Bashman


"In light of the recently enacted state legislation, we conclude that the Committee's motion to admit Garcia to the State Bar should be granted." The Supreme Court of California today issued this unanimous decision in a case concerning an undocumented immigrant's application for admission to the State Bar of California.

In early news coverage, Dan Levine of Reuters reports that "California court lets undocumented immigrant practice law."

The Associated Press reports that "California grants law license to immigrant."

The New York Times has a news update headlined "Immigrant in U.S. Illegally May Practice Law, California Court Rules."

Howard Mintz of The San Jose Mercury News has an update headlined "California illegal immigrants can get law license, state Supreme Court rules."

And Maura Dolan of The Los Angeles Times has news update headlined "Immigrant without green card can be a lawyer, California court rules."

In connection with the ruling, California's highest court issued a news release titled "California Supreme Court Admits Undocumented Immigrant to State Bar."
Posted at 01:02 PM by Howard Bashman



"White House stands by birth-control rule": Politico.com has a report that begins, "The Obama administration Wednesday said the Affordable Care Act contraceptive coverage regulations are fair -- and they don't really hurt the Denver-based religious organization that got a temporary New Year's Eve reprieve from Supreme Court Justice Sonia Sotomayor."
Posted at 12:04 PM by Howard Bashman


"Court of Appeals to Provide Live Audio Streaming for All Proceedings": The U.S. Court of Appeals for the Ninth Circuit today issued a news release that begins, "The United States Court of Appeals for the Ninth Circuit plans to offer live audio streaming of all of its proceedings, beginning with oral arguments scheduled for January 6-9, 2014, at the Richard H. Chambers U.S. Courthouse in Pasadena, California.
Posted at 11:37 AM by Howard Bashman


"This case presents the question of when the confrontation clause requires testimony from lab analysts who conduct forensic tests on evidence. While the United States Supreme Court has grappled with this issue on multiple occasions, a majority of the Court has not adopted a single theory or test." So begins the majority opinion in a case that the Supreme Court of Washington State decided today by a 5-to-4 margin.
Posted at 11:26 AM by Howard Bashman


"California to rule on law license for immigrant": The Associated Press has a report that begins, "The California Supreme Court on Thursday will decide whether to grant a law license to a man living in the United States illegally who graduated from law school and passed the state bar exam."

Today's ruling of the Supreme Court of California is scheduled to issue, and be made available online via this link, at 1 p.m. eastern time, 10 a.m. pacific time, today.
Posted at 10:56 AM by Howard Bashman



"Murderers could get hundreds of years in jail to get round European Court ban": The Telegraph (UK) has a report that begins, "Murderers and other serious criminals could be given US-style jail sentences lasting hundreds of years to get round a European human rights ban on whole-life terms, The Telegraph can disclose."
Posted at 09:23 AM by Howard Bashman


"A First Look at Navarette v. California: Are Stops Governed by the Rules of Terry or By Case-by-Case Reasonableness?" Orin Kerr has this post today at "The Volokh Conspiracy."
Posted at 09:21 AM by Howard Bashman


"Food As Punishment: Giving U.S. Inmates 'The Loaf' Persists." This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:17 AM by Howard Bashman


"The Constitution in 2014: the state of same-sex marriage." Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.

And on December 31, 2013, Lyle had a post at that blog titled "The Constitution in 2014: health care's latest challenges."
Posted at 09:15 AM by Howard Bashman



Wednesday, January 1, 2014

"Procreation argument dropped in stay application": Brooke Adams of The Salt Lake Tribune has a news update that begins, "Utah made a subtle shift in its arguments in defense of opposite-sex marriage in a stay application to the U.S. Supreme Court filed Tuesday. Gone is any mention of procreation."
Posted at 10:02 PM by Howard Bashman


"Health Law Challenge Opens Up New Front": Adam Liptak will have this news analysis in Thursday's edition of The New York Times.

Tim Evans of The Indianapolis Star has an article headlined "Indiana reflects contraception mandate disparity."

And CNN.com has a report (with video) from The Lead with Jake Tapper titled "Fighting Obamacare's 'contraception mandate.'"

Update: In Thursday's edition of The Washington Post, Sandhya Somashekhar, Robert Barnes, and Michelle Boorstein will have an article headlined "Supreme Court temporarily allows religious groups not to cover birth control."
Posted at 09:48 PM by Howard Bashman



"Chief Justice Highlights Lack Of Funding For Federal Judiciary": Carrie Johnson had this audio segment on today's broadcast of NPR's "Morning Edition."

At "The Note" blog of ABC News, Ariane de Vogue has a post titled "Chief Justice Summons Scrooge in New Year's Eve Report."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Courts' Money Woes Continue."

Update: In other coverage, The Washington Times has an article headlined "Supreme Court justice: Remember Judiciary in appropriations talks."

And Tal Kopan of Politico.com reports that "Roberts calls for more money for courts."
Posted at 04:50 PM by Howard Bashman



"Little Sisters hopeful after Supreme Court stays Obamacare birth control mandate; Roman Catholic order with U.S. headquarters in Catonsville won't have to provide birth control coverage to employees, for now; Sotomayor gives administration until Friday to respond": The Baltimore Sun has this news update.

Today's edition of The New York Times contains an article headlined "Justice Blocks Contraception Mandate on Insurance in Suit by Nuns."

In today's edition of The Los Angeles Times, David G. Savage and Maeve Reston have an article headlined "Justice Sotomayor grants temporary Obamacare exemption to nuns; The Catholic nuns would have faced 'draconian fines' if they failed to provide contraceptive coverage, as the healthcare law requires."

The Washington Times reports that "Obamacare mandate takes effect; court's move on contraception clouds milestone."

Warren Richey of The Christian Science Monitor reports that "Justice Sotomayor blocks Obamacare contraception mandate; Supreme Court Justice Sonia Sotomayor late Tuesday issued a temporary injunction preventing the government from requiring a group of nuns to comply with the contraceptive mandate included in 'Obamacare'; The mandate took effect at midnight."

Lawrence Hurley of Reuters reports that "U.S. justice grants exemption in contraception mandate challenge."

Edvard Pettersson and Greg Stohr of Bloomberg News report that "Justice Halts Obama Contraception Rule for Catholic Nuns."

Bill Mears of CNN.com has a blog post titled "Court delays Obamacare contraception mandate for 2 nonprofits."

At the "School Law" blog of Education Week, Mark Walsh has a post titled "Catholic Schools Win Temporary Reprieve From Contraceptive Mandate."

And on today's broadcast of NPR's "Morning Edition," Carrie Johnson had an audio segment titled "Justice Sotomayor Blocks Part Of Birth Control Mandate."
Posted at 04:36 PM by Howard Bashman



"The Year Ahead in Court Battles: The big cases of 2014 may resolve some of the legal cliffhangers of 2013." Andrew Cohen has this essay online today at The Atlantic.

At Ars Technica, Cyrus Farivar and Joe Mullin have an article headlined "The top four tech legal cases to watch in 2014: Ars looks ahead at the continuation of Megaupload, Silk Road, Lavabit, and more."

And The Hill today has a blog post titled "Court weighs fate of net neutrality" about a case currently pending for decision before the U.S. Court of Appeals for the D.C. Circuit.
Posted at 04:05 PM by Howard Bashman



"Happy New Year and farewell": Senior U.S. District Judge Richard G. Kopf has this final post today at his "Hercules and the Umpire" blog. Thank you, Judge Kopf, for setting such a very high bar for any future judge-written general interest blogs.

Update: Yesterday at his "The Way I See It" blog, law professor Patrick J. Borchers had a somewhat related post titled "Talking Judges."
Posted at 12:54 PM by Howard Bashman







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