How Appealing

Friday, February 28, 2014

"Gay marriage fight pits Texas AG vs. gay friend": The Associated Press has this very interesting report.
Posted at 05:27 PM by Howard Bashman


"After Video Surfaces, Supreme Court Reviews Screening Procedures": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."

The post explains: "One possibility is that whoever took the videos did so with a pen camera that could evade detection, since spectators are allowed to take pens into the court and take notes."
Posted at 05:12 PM by Howard Bashman



"Argument preview: Measuring mental handicap." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 03:56 PM by Howard Bashman


Ninth Circuit grants rehearing en banc in case asking whether the Constitution permits a six-figure punitive damage award in a sexual harassment suit where the jury awarded no compensatory damages and only one dollar in nominal damages: You can access today's order of the U.S. Court of Appeals for the Ninth Circuit at this link.

My coverage of the original partially divided three-judge panel's ruling can be accessed here.

Update: In other coverage, at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Court Reconsiders Limits on Punitive Damages."
Posted at 01:16 PM by Howard Bashman



"Supreme Court Case May Stop States That Still Execute Mentally Disabled: The justices banned execution of mentally disabled people in 2002; Now they are poised to tell death penalty states that they really meant it." Andrew Cohen has this essay online today at The Atlantic.
Posted at 01:00 PM by Howard Bashman


"Group Behind SCOTUS Video Speaks Out: 'We Are Not Going To Sit Silently.'" This morning, Mike Sacks of HuffPost Live interviewed Kai Newkirk. You can view the video of the interview at this link.
Posted at 10:55 AM by Howard Bashman


"Sprague motion: Lower court tardy, so yank case." In today's edition of The Philadelphia Inquirer, Joseph A. Slobodzian has an article that begins, "In what experts are calling an extraordinary legal gambit, Philadelphia lawyer Richard A. Sprague is asking the state Supreme Court to yank a case from the hands of three lower-court judges for taking too long to rule."

According to the publicly available appellate court docket sheets in the case (see here and here), the appeal was argued before a three-judge panel of the Pa. Superior Court on January 15, 2013, and thus it has been awaiting decision for approximately 13-and-a-half months. The docket sheet for the newly filed Pa. Supreme Court application for relief can be accessed here.

Because the Pa. Supreme Court itself frequently takes longer than just over a year from oral argument to decide cases pending before it, perhaps Pennsylvania's highest court will not be particularly astounded that the Superior Court is similarly taking that long to decide what I assume must be a rather complicated case.
Posted at 09:40 AM by Howard Bashman



Google and YouTube seek stay of Ninth Circuit's takedown order pending disposition of upcoming petition for rehearing en banc in "Innocence of Muslims" case: I have posted the request for a stay, filed late yesterday in the U.S. Court of Appeals for the Ninth Circuit, at this link.

My earlier coverage of Wednesday's Ninth Circuit ruling can be accessed here and here.
Posted at 08:12 AM by Howard Bashman



Thursday, February 27, 2014

"Rare Supreme Court Outburst Caught on Even Rarer Videos": Adam Liptak of The New York Times has this report.

And at "the first casualty" blog, Victoria Kwan has a post titled "Identifying the Clandestine Videos of Supreme Court Oral Arguments Posted Online."

My coverage from earlier today can be accessed here.
Posted at 11:37 PM by Howard Bashman



"Concealed-weapons ruling challenged": The San Diego Union-Tribune has a news update that begins, "Attorney General Kamala Harris announced Thursday she has challenged a federal court ruling in a San Diego County case that made it easier for Californians to carry concealed weapons."

Bob Egelko of The San Francisco Chronicle has a news update headlined "State attorney general moves to preserve concealed-gun limits."

Maura Dolan of The Los Angeles Times has a news update headlined "Attorney general to challenge ruling on concealed weapons."

Josh Richman of The Oakland Tribune has a news update headlined "Attorney General Kamala Harris appeals federal court's concealed-handgun ruling."

The Associated Press reports that "California challenges concealed weapons ruling."

Reuters reports that "California's attorney general takes up court fight over gun laws."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "AG to Appeal Concealed Weapons Decision."

Today, the Office of the Attorney General of the State of California issued a news release titled "Attorney General Kamala D. Harris Appeals Ninth Circuit Concealed Weapons Permit Ruling." You can view the State of California's proposed petition for rehearing en banc at this link. I use the word "proposed," because California has sought to intervene in the appeal, and its request to intevene must be granted before California will be entitled to seek rehearing en banc.
Posted at 11:06 PM by Howard Bashman



"Post-Filibuster, Obama Faces New Anger Over Judicial Choices": Carl Hulse will have this article in Friday's edition of The New York Times.
Posted at 10:47 PM by Howard Bashman


"Evidence of Concealed Jailhouse Deal Raises Questions About a Texas Execution": John Schwartz will have this article in Friday's edition of The New York Times.
Posted at 10:17 PM by Howard Bashman


"Religious liberty vs. civil rights: A balancing act; States and courts increasingly must sort out the rights of those exercising their religion against gay men and lesbians who may be adversely affected." Richard Wolf of USA Today has this report.

And in Friday's edition of The New York Times, Adam Nagourney will have a news analysis headlined "Arizona Bill Allowing Refusal of Service to Gays Stirred Alarm in the G.O.P."
Posted at 10:15 PM by Howard Bashman



"States' Wrongs: Conservatives' illogical, inconsistent effort to repeal the 17th Amendment." Law professor David Schleicher has this jurisprudence essay online today at Slate.
Posted at 07:26 PM by Howard Bashman


"In Its 'Innocence of Muslims' Ruling, the Ninth Circuit is Guilty of Judicial Activism": Venkat Balasubramani and Eric Goldman have this post today at the "Technology & Marketing Law Blog."
Posted at 07:18 PM by Howard Bashman


How does a member of the general public sneak a video recording device into a U.S. Supreme Court oral argument? Apparently C-SPAN and others who favor televising the U.S. Supreme Court have been unnecessarily overlooking the self-help remedy, as the YouTube user "SCOTUSpwned" has now posted several oral argument video clips, with that user's most-viewed video focusing on yesterday's protester disruption at the Court.

Update: At WSJ.com's "Law Blog," Brent Kendall and Jess Bravin have a post titled "Unprecedented Video Captures High Court Chamber Protest Footage."

Lawrence Hurley of Reuters reports that "Unauthorized video of Supreme Court protest posted online."

The Associated Press reports that "YouTube video purports to show high court action."

Greg Stohr of Bloomberg News reports that "Secret Video of U.S. Supreme Court Session Shows Outburst."

And Bill Mears of CNN.com reports that "Supreme Court secretly recorded on camera."
Posted at 03:34 PM by Howard Bashman



Ninth Circuit rules that high school administrators did not violate the First Amendment by barring students from coming to school on Cinco de Mayo with shirts containing the American flag: You can access today's unanimous ruling of a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

In October 2013, Howard Mintz of The San Jose Mercury News reported on the oral argument of this appeal in an article headlined "American flag ban: Federal appeals court struggles with Morgan Hill school's Cinco de Mayo incident."

In March 2012, David Hudson Jr. of The First Amendment Center had a report titled "Students appeal ruling in American-flag T-shirt case."

And the Student Press Law Center reporting on the trial court's ruling, affirmed today, in a report titled "Judge sides with Calif. school that told students to take off American flag shirts; Students plan to appeal."

The Rutherford Institute linked to the students' Brief for Appellants in a news release titled "Rutherford Institute Asks Ninth Circuit to Protect Right of Calif. Students to Wear American Flag T-Shirts to School, Declare Flag Ban Unconstitutional."

Update: In early coverage of today's ruling, Howard Mintz of The San Jose Mercury News reports that "American flag removal order justified, U.S. court rules in Morgan Hill case."

And at the "School Law" blog of Education Week, Mark Walsh has a post titled "School's Ban on U.S. Flag Shirts on Cinco de Mayo Upheld."
Posted at 01:23 PM by Howard Bashman



"A Supreme Court Patent Case Comes Down to a War of Adjectives": Adam Liptak has this article in today's edition of The New York Times.

Diane Bartz of Reuters reports that "U.S. top court considers the 'patent troll' problem."

And Susan Decker and Greg Stohr of Bloomberg News report that "Patent Fees Weighed in Supreme Court Case Watched by Apple."

Yesterday, the U.S. Supreme Court heard oral arguments in Octane Fitness, LLC v. Icon Health & Fitness, Inc., No. 12-1184 (access the transcript at this link) and Highmark, Inc. v. Allcare Health Management System, Inc., No. 12-1163 (access the transcript at this link).
Posted at 01:06 PM by Howard Bashman



"Investor Class Actions Seen at Risk in Halliburton Case": Greg Stohr of Bloomberg News has this report.
Posted at 11:42 AM by Howard Bashman


"U.S. high court sets record for intellectual property caseload": Lawrence Hurley of Reuters has this report.
Posted at 08:47 AM by Howard Bashman


"Republicans flip-flop on 'judicial activism'": Columnist Dana Milbank of The Washington Post has this essay.
Posted at 08:45 AM by Howard Bashman


"Google ordered to take anti-Muslim video off its platforms; Federal appeals court rules 'Innocence of Muslims' video may have violated copyright laws of actress and orders Google to take it down": Maura Dolan has this article today in The Los Angeles Times.

Bob Egelko of The San Francisco Chronicle reports that "YouTube ordered to pull anti-Muslim film."

Howard Mintz of The San Jose Mercury News reports that "Google ordered to take down YouTube anti-Muslim video."

The Washington Times reports that "YouTube ordered to remove anti-Muslim film."

Jonathan Stempel and Dan Levine of Reuters report that "Google ordered to remove anti-Islamic film from YouTube."

The Associated Press reports that "YouTube ordered to take down anti-Muslim film."

CNN.com reports that "Google ordered to remove anti-Muslim film from YouTube."

The "Bits" blog of The New York Times has a post titled "Federal Court Orders YouTube to Take Down Controversial Anti-Islam Video."

The Verge reports that "YouTube must take down explosive 'Innocence of Muslims' video in copyright suit."

At the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has posts titled "'Innocence of Muslims' Actress Scores Huge Victory at Appeals Court; Google now facing liability for refusing to remove the controversial anti-Islamic film from YouTube" and "Secret 'Innocence of Muslims' Order Caused Google to Go Ballistic; The search giant had advance warning of what was coming and made an emergency motion slamming an appeals court for doing something it says was 'stunning.'"

At her "Trial Insider" blog, Pamela A. MacLean has a post titled "Court Says YouTube Must Remove Anti-Muslim Film."

And the "Deeplinks" blog of the Electronic Frontier Foundation has a post titled "Bad Facts, Really Bad Law: Court Orders Google to Censor Controversial Video Based on Spurious Copyright Claim."

You can access yesterday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link. Chief Judge Alex Kozinski wrote the majority opinion.
Posted at 08:36 AM by Howard Bashman



Wednesday, February 26, 2014

"Ruling against Texas' gay marriage ban may set up Supreme Court fight; A federal judge rejects Texas' ban on gay marriage; The latest ruling in a conservative state may move the issue closer to the Supreme Court": Molly Hennessy-Fiske of The Los Angeles Times has this report.

And Warren Richey of The Christian Science Monitor reports that "US judge strikes down Texas gay marriage ban as 'state-imposed inequality'; Texas is the fourth conservative state since December to have a constitutional amendment banning same-sex marriage struck down by a federal judge, joining Utah, Oklahoma, and Virginia."
Posted at 10:18 PM by Howard Bashman



"Justices Rule Against Man Over a Zone for Protests": Adam Liptak will have this article in Thursday's edition of The New York Times.

Robert Barnes and William Branigin of The Washington Post report that "Supreme Court rules against antiwar protester."

David G. Savage of The Los Angeles Times reports that "Supreme Court sides with military in Vandenberg protest case."

Richard Wolf of USA Today reports that "Supreme Court says Pentagon can bar protesters; Federal law permits the military to expel previously banned protesters, regardless of their First Amendment rights."

The Associated Press reports that "Court rules against protester at military base."

Lawrence Hurley of Reuters reports that "Supreme Court rules against protester at air force base."

Bill Mears of CNN.com reports that "Protester loses appeal in military protest case."

At "The Note" blog of ABC News, Ariane de Vogue has a post titled "Anti-War Protester Suffers A Supreme Court Loss."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: Setting military boundaries."

You can access the U.S. Supreme Court's ruling today in United States v. Apel, No. 12-1038, at this link.
Posted at 10:14 PM by Howard Bashman



"Supreme Court Permits Investor Lawsuits in Stanford Fraud": Adam Liptak will have this article in Thursday's edition of The New York Times.

Richard Wolf of USA Today reports that "Ponzi scheme investors can sue in state courts; Because what they bought were not 'covered securities,' investors' claims are not blocked by federal jurisdiction over securities fraud class actions."

Lawrence Hurley of Reuters reports that "U.S. justices say Allen Stanford victims can sue lawyers, brokers."

Greg Stohr of Bloomberg News reports that "Stanford Fraud Suits by Investors Allowed by High Court."

The Associated Press reports that "Supreme Court allows Stanford Ponzi scheme suits."

Bill Mears of CNN.com reports that "Supreme Court OKs investor lawsuits in Ponzi scheme case."

And Nina Totenberg of NPR has a report headlined "Supreme Court Allows Stanford Ponzi Scheme Suits To Go Forward."

You can access the U.S. Supreme Court's ruling today in Chadbourne & Parke LLP v. Troice, No. 12-79, at this link.
Posted at 10:00 PM by Howard Bashman



"'Ground zero' for the death penalty": Tal Kopan of Politico.com has this report today.
Posted at 09:40 PM by Howard Bashman


"Supreme Court spectator interrupts justices": Bill Mears of CNN.com has this report.
Posted at 09:32 PM by Howard Bashman


"Apple urges U.S. appeals court to void 'radical' e-books ruling": Jonathan Stempel of Reuters has this report.

Bloomberg News reports that "Apple Argues Ignorance in E-Books Antitrust Ruling Appeal."

The Associated Press reports that "Apple files appeal in e-book antitrust case."

Jon Brodkin of Ars Technica has a report headlined "Apple e-book appeal: Higher new release prices boosted competition; Antitrust laws aren't supposed to 'keep prices down at any cost,' Apple says."

At WSJ.com's "Law Blog," Christopher M. Matthews has a post titled "Apple Asks Appeals Court to Toss Antitrust Ruling."

The Hill has a blog post titled "Apple files appeal of 'radical' antitrust ruling."

You can access the opening brief for appellant that Apple Inc. filed today in the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 09:14 PM by Howard Bashman



"Baseball Umpires Show Bias and Mercy": Online at Bloomberg View, law professor Cass R. Sunstein today has an essay that begins, "In his Senate confirmation hearing in 2005, the aspiring chief justice, John Roberts, offered a memorable analogy: 'Judges are like umpires. Umpires don't make the rules; they apply them. The role of an umpire and a judge is critical. They make sure everybody plays by the rules.'"
Posted at 09:02 PM by Howard Bashman


"The Big, Bad Freeze: The Supreme Court just made it easier for the government to take your assets before you even go to trial." Chanakya Sethi has this jurisprudence essay online at Slate.
Posted at 08:57 PM by Howard Bashman


"Federal judge voids Texas' gay marriage ban, though he delays order from taking effect immediately": The Dallas Morning News has this update.

The Houston Chronicle has a news update headlined "Texas' ban on gay marriage ruled unconstitutional."

The Texas Tribune reports that "Judge Rules Texas' Gay Marriage Ban is Unconstitutional."

The New York Times has a news update headlined "Federal Judge Strikes Down Texas' Ban on Same-Sex Marriage."

The Associated Press reports that "Texas gay marriage ban latest to be struck down."

Bloomberg News reports that "Texas Gay-Marriage Ban Held Illegal as Judge Delays Order."

Reuters reports that "Judge rules Texas same-sex marriage ban unconstitutional."

And at "SCOTUSblog," Lyle Denniston has a post titled "Texas ban on same-sex marriage nullified."
Posted at 08:40 PM by Howard Bashman



"Argentina Takes Its Debt Case to the U.S. Supreme Court": Law professor Steven M. Davidoff has this post at the "Dealbook" blog of The New York Times.
Posted at 08:26 PM by Howard Bashman


"Fight Over Who Will Take Marriage Equality To The Supreme Court Breaks Out Into The Open; Legal advocacy groups and big-name lawyers all want to be the ones who bring their case to the Supreme Court in order to argue for nationwide marriage equality": Chris Geidner of BuzzFeed has this report.
Posted at 08:16 PM by Howard Bashman


"Minority Aspirants To Federal Bench Are Hindered By Underrating": This audio segment appeared on this evening's broadcast of NPR's "All Things Considered."

And at msnbc, Adam Serwer has a report headlined "GOP court blockage 'unprecedented.'"
Posted at 08:10 PM by Howard Bashman



"Arizona Gov. Jan Brewer vetoes Senate Bill 1062": The Arizona Republic has a news update that begins, "Facing intense pressure from political and business interests and a growing public outcry, Gov. Jan Brewer announced Wednesday that she had vetoed Senate Bill 1062, the divisive right to refuse service legislation."

Howard Fischer of The Arizona Daily Star has a news update headlined "Brewer vetoes SB 1062, Arizona's contentious religious rights bill."

The New York Times has a news update headlined "Arizona Governor Vetoes Bill on Refusal of Service to Gays."

The Los Angeles Times has a news update headlined "Arizona Gov. Jan Brewer vetoes so-called anti-gay bill."

And The Associated Press reports that "Arizona governor vetoes religious freedom bill."
Posted at 07:58 PM by Howard Bashman



"Texas' ban on gay marriage ruled unconstitutional": The San Antonio Express-News has this report on a ruling that the U.S. District Court for the Western District of Texas issued today.
Posted at 04:07 PM by Howard Bashman


"The attorney enviros hate to see at the Supreme Court": Jeremy P. Jacobs of Greenwire has this report today about Timothy S. Bishop of Mayer Brown LLP.
Posted at 03:18 PM by Howard Bashman


Judicial Council of the Ninth Circuit extends the duration of Judge Jury's appellate career: Here at "How Appealing," I try to avoid trite idioms such as "Judge, Jury, and Executioner" to describe judicial rulings, although I do confess to having watched that episode of The Walking Dead.

Yet his blog understandably has a special fondness for Judge Jury of the Ninth Circuit Bankruptcy Appellate Panel. A little over two years ago, when that jurist first came to my attention, I had a post titled "To complicate matters further, Judge Jury now serves in an appellate capacity."

Today, the Public Information Office of the U.S. Court of Appeals for the Ninth Circuit delivered some happy news regarding Judge Jury and her ongoing tenure as an appellate jurist in a news release titled "Judge Meredith A. Jury Reappointed to Ninth Circuit Bankruptcy Appellate Panel." Should she continue to successfully evade the executioner, Judge Jury is going to serve in her current appellate capacity through July 31, 2017.
Posted at 02:34 PM by Howard Bashman



"Same-sex couples tell court ban has 'cemented' discrimination; Attorneys for three couples ask court to uphold Utah judge's ruling": Brooke Adams of The Salt Lake Tribune has this report.

And Dennis Romboy of The Deseret News reports that "Court filing claims Utah treats same-sex couples as 'legal strangers.'" The newspaper has posted the brief for appellees filed yesterday in the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 01:48 PM by Howard Bashman



"Tenth Circuit Same-Sex Marriage Arguments: Letter Requesting Online Audio." Michelle Olsen has this post today at her "Appellate Daily" blog.
Posted at 01:38 PM by Howard Bashman


Tuesday, February 25, 2014

Programming note: On Wednesday morning, I will be at the oral argument of an appeal on which I am working on behalf of the plaintiff-appellee. Additional posts will appear here on Wednesday afternoon.

The U.S. Supreme Court is scheduled to issue one or more rulings in argued cases at 10 a.m. eastern time on Wednesday. You can access the newly issued opinions via this link just as soon as the Court posts them online.
Posted at 11:30 PM by Howard Bashman



"Liberty versus liberty: religious freedom bills trouble gay rights supporters." The Deseret News has an article that begins, "As Arizona Gov. Jan Brewer weighs a decision whether to sign a bill strengthening the state's religious liberty protections for individuals and businesses, her state is one of several wrestling with a balance between religious liberty and anti-discrimination laws."
Posted at 11:23 PM by Howard Bashman


"Pre-Racial: Justice Clarence Thomas says blacks didn't think about race in the 1950s South." Dahlia Lithwick has this jurisprudence essay online today at Slate.
Posted at 10:17 PM by Howard Bashman


Fifth Circuit grants rehearing en banc to reconsider whether seamen may recover punitive damages for their employer's willful and wanton breach of the general maritime law duty to provide a seaworthy vessel: You can access yesterday's order of the U.S. Court of Appeals for the Fifth Circuit granting rehearing en banc at this link.

Back in October 2013, a unanimous three-judge Fifth Circuit panel ruled that punitive damages were available under those circumstances.
Posted at 10:12 PM by Howard Bashman



"Justices Rule on Home Searches and Defendants' Frozen Assets": 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 rules in favor of police in home searches without objector present."

In Wednesday's edition of The Wall Street Journal, Jess Bravin and Brent Kendall will have an article headlined "Supreme Court Rulings Deliver Blow to Criminal Suspects."

Jay Weaver of The Miami Herald has a news update headlined "U.S. Supreme Court rejects Miami attorney's challenge of seizure laws."

Michael Doyle of McClatchy Washington Bureau has an article headlined "Supreme Court refines rules on police searches in Calif. case."

Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court narrows right to object to a police search of suspect's home; Walter Fernandez objected to a police search of his home; His girlfriend, after his arrest, did not; US Supreme Court rules the search was constitutional; Three dissenting justices say it diminishes Fourth Amendment rights."

And on this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Supreme Court Opens Door To Easier Police Searches."
Posted at 10:06 PM by Howard Bashman



"Cert Petition Asks Supreme Court To Decide Whether Congress Can Allow Uninjured Plaintiffs To Sue In Federal Court": Archis A. Parasharami has this post today at Mayer Brown's "Class Defense" blog. The post contains links to the U.S. Supreme Court fiings at the cert. stage.
Posted at 05:09 PM by Howard Bashman


"GOP AGs: Eric Holder 'inappropriate.'" Tal Kopan of Politico.com has a report that begins, "Republican state attorneys general on Tuesday slammed comments from Attorney General Eric Holder that state officials don't have to defend their states' same-sex marriage bans, calling them 'inappropriate.'"
Posted at 05:06 PM by Howard Bashman


"Judge Gregg Costa gets Senate hearing for 5th Circuit appeals post": Ben Kamisar of The Dallas Morning News has this update.

You can view the video of today's confirmation hearing in the Senate Judiciary Committee by clicking here. The hearing actually gets underway about 19 minutes and 40 seconds into the video.
Posted at 04:20 PM by Howard Bashman



"Supreme Court Reaffirms Ability to Freeze Assets Before Trial; Court Says Defendants Can't Use a Pretrial Hearing to Challenge the Freezing of their Assets": Brent Kendall of The Wall Street Journal has this news update.
Posted at 01:50 PM by Howard Bashman


"Supreme Court sides with LAPD in warrantless house search": David G. Savage of The Los Angeles Times has this news update.

And Richard Wolf of USA Today reports that "Supreme Court allows search despite tenant's objection; Decision could weaken Fourth Amendment's right to protection from unreasonable search and seizure."
Posted at 01:45 PM by Howard Bashman



"In procedural step, Va. appeals marriage case": This article appears today in The Richmond Times-Dispatch.
Posted at 11:45 AM by Howard Bashman


"Governor of Arizona Is Pressed to Veto Bill": This article appears today in The New York Times.

Today's edition of The Arizona Republic contains a front page article headlined "Brewer pressed to veto SB 1062; Governor's key advisers join chorus; 3 senators who voted 'yes' backtrack."

And in somewhat related news, today's edition of The Arizona Daily Star contains a front page article headlined "Tucson couple joins suit to overturn gay marriage ban."
Posted at 11:42 AM by Howard Bashman



"California 'lifers' leaving prison at record pace": The Associated Press has this report.
Posted at 10:45 AM by Howard Bashman


"What Are Your Chances of Winning on Appeal?" Earlier today, a visitor to this blog accessed an installment of my monthly appellate column that originally appeared in The Legal Intelligencer on March 8, 2011, nearly three years ago.

That month's column began, "One thing that the administrators who help run appellate courts are good at is statistics."
Posted at 10:38 AM by Howard Bashman



"Judge denies stay of execution for Michael Taylor, killer of KC teen Ann Harrison": Tony Rizzo has this article today in The Kansas City Star.

The St. Louis Post-Dispatch reports that "Execution of murderer from Kansas City on track for Wednesday."

And The Associated Press reports that "Missouri readies for 4th execution in 4 months."
Posted at 10:20 AM by Howard Bashman



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

1. Justice Elena Kagan delivered the opinion of the Court in Kaley v. United States, No. 12-464. Chief Justice John G. Roberts, Jr. issued a dissenting opinion, in which Justices Stephen G. Breyer and Sonia Sotomayor joined. You can access the oral argument via this link.

2. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Fernandez v. California, No. 12-7822. Justices Antonin Scalia and Clarence Thomas issued concurring opinions. And Justice Ruth Bader GInsburg issued a dissenting opinion, in which Justices Sotomayor and Kagan joined. You can access the oral argument via this link.

3. And Justice Thomas delivered the opinion for a unanimous Court in Walden v. Fiore, No. 12-574. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "High court sides with government on frozen assets"; "High court allows disputed home search"; and "Justices say gamblers can't sue policeman."

And Richard Wolf of USA Today reports that "Justices uphold government's right to freeze assets; Majority on Supreme Court says defendants' right to attorneys of their choice doesn't justify adding a new layer of court hearings after the grand jury process."
Posted at 10:06 AM by Howard Bashman



"Court Rejects School's Hair-Length Rule for Male Basketball Players": Mark Walsh has this post at Education Week's "School Law" blog.

My earlier coverage of yesterday's Seventh Circuit ruling appears at this link.
Posted at 09:32 AM by Howard Bashman



"Sorry, Judge Keith; And apologies to my new friends in the E.R. after my luncheon misadventure": Columnist Neal Rubin has this essay today in The Detroit News.
Posted at 09:30 AM by Howard Bashman


"2-week trial to begin on Michigan gay marriage ban": The Associated Press has this report.

Jennifer Chambers of The Detroit News is live tweeting the trial.
Posted at 09:27 AM by Howard Bashman



"For the Supreme Court, a Case Poses a Puzzle on the E.P.A.'s Authority": Adam Liptak has this article in today's edition of The New York Times.

In today's edition of The Washington Post, Robert Barnes has an article headlined "Supreme Court divided on whether EPA has overreached on greenhouse gas rules." In addition, columnist Dana Milbank has an op-ed titled "At the Supreme Court, a royal mess for 'King Barack.'"

In today's edition of The Los Angeles Times, David G. Savage has an article headlined "Court skeptical of EPA regulations; Justices appear ready to reject disputed federal rules to limit greenhouse gases."

Richard Wolf of USA Today reports that "Supreme Court skeptical of greenhouse gas permits; Justices appear to be leaning toward a ruling that would eliminate just one method the Environmental Protection Agency uses to regulate greenhouse gas emissions from stationary sources."

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court hears states' objections to greenhouse gas rules."

And Warren Richey of The Christian Science Monitor reports that "Did EPA overstep in tackling global warming? Supreme Court sharply split; Justice Kennedy could hold the decisive Supreme Court vote on whether the EPA exceeded its authority when it sought to use the Clean Air Act to regulate greenhouse gas emissions."
Posted at 08:23 AM by Howard Bashman



"CNN's Jeffrey Toobin: Supreme Court Afraid of The Daily Show." Mediaite has this report (with video).
Posted at 08:15 AM by Howard Bashman


"Supreme Court ruling could mean new trial for Alabama death row inmate": Timothy M. Phelps of The Los Angeles Times has this report.

The Associated Press reports that "Alabama Death Row inmate Anthony Ray Hinton could get new trial after U.S. Supreme Court ruling."

And at the "Taking Note" blog of The New York Times, Jesse Wegman has a post titled "The One-Eyed Witness."
Posted at 08:14 AM by Howard Bashman



"West Memphis lawsuit over fatal police shooting heads to U.S. Supreme Court; 2 died after West Memphis officers pursued car into Memphis": The Memphis Commercial Appeal has this report.
Posted at 08:05 AM by Howard Bashman


"US Supreme Court: Arizona can't withhold Planned Parenthood funds over abortion." Howard Fischer of The Arizona Daily Star has this report.
Posted at 08:03 AM by Howard Bashman


"TV Networks Ask Supreme Court to Shut Down Aereo": This article appears today in The New York Times.

The Wall Street Journal reports that "Broadcasters Warn Court They May Reconsider Offering Free TV."

Variety reports that "Broadcasters Warn Supreme Court That Aereo Threatens to Upend Business."

And The Hill has a blog post titled "Broadcasters: Aereo 'obvious and unambiguous' copyright violation."
Posted at 07:58 AM by Howard Bashman



"Colorblind Notion Aside, Colleges Grapple With Racial Tension": The New York Times contains this front page article today.
Posted at 07:52 AM by Howard Bashman


"Holder Sees Way to Curb Bans on Gay Marriage": This front page article appears today in The New York Times.
Posted at 07:45 AM by Howard Bashman


Monday, February 24, 2014

"The Case of the Moldy Washing Machines, Again: The Supreme Court's conservatives had a chance to gut class-action lawsuits forever; Why did they pass it up?" Emily Bazelon has this jurisprudence essay online today at Slate.
Posted at 11:32 PM by Howard Bashman


"U.S. court voids Indiana school's short hair rule for boys": Jonathan Stempel of Reuters has this report on the ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued today.
Posted at 11:28 PM by Howard Bashman


"Little Sisters of the Poor Seek Justice Before Federal Court": The Becket Fund for Religious Liberty issued this news release today.

The Becket Fund today filed its Brief for Appellants on behalf of the Little Sisters of the Poor today in the U.S. Court of Appeals for the Tenth Circuit in that organization's contraceptive mandate opt-out requirement challenge.
Posted at 09:57 PM by Howard Bashman



Access online the Brief for Appellant asking the U.S. Court of Appeals for the Tenth Circuit to uphold Oklahoma's ban on same-sex marriage: The brief can be accessed online at this link.

In early news coverage, The Associated Press has a report headlined "Lawyers: Gay marriage a detriment to children."
Posted at 08:57 PM by Howard Bashman



"Supreme Court Sniffs at Smelly-Washers Case": Pete Williams of NBC News has this report.
Posted at 08:50 PM by Howard Bashman


"Court holds teen hosts responsible for drunken guests": Bob Egelko of The San Francisco Chronicle has this news update.

Maura Dolan of The Los Angeles Times has a news update headlined "Court: Cover charge at underage drinking parties creates liability."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Liability for Serving Drinks to Teens."

You can access today's ruling of the Supreme Court of California at this link.
Posted at 08:44 PM by Howard Bashman



"Test of Precedent Offers a Chance To Make Noise Thomas's Way": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 07:26 PM by Howard Bashman


"Brief in Okla. gay marriage ban lawsuit expected": The Associated Press has a report that begins, "Lawyers face a Monday deadline to file a brief outlining an appeal of a federal judge's ruling that overturned Oklahoma's ban on same-sex marriage."

And in today's edition of The Oklahoman, Chris Casteel has articles headlined "Tulsa judge makes mark with same-sex ruling" and "Attorneys on both sides of Oklahoma's same-sex marriage case work for free."
Posted at 06:17 PM by Howard Bashman



"In Supreme Court Brief, TV Networks Threaten to Reconsider Public Broadcasting; In advance of an April 22 hearing concerning Aereo, the petitioners argue their position that the digital service publicly performs their content": At the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has this post.
Posted at 06:12 PM by Howard Bashman


"Pressure mounts over Arizona bill opposed by gays": The Associated Press has a report that begins, "Republican Gov. Jan Brewer faced intensifying pressure Monday from CEOs, politicians in Washington and state lawmakers in her own party to veto a bill that would allow business owners with strongly held religious beliefs to deny service to gay people."
Posted at 05:03 PM by Howard Bashman


"Justices seem to seek compromise in arguments over EPA emission rules": Jeremy P. Jacobs of Greenwire has this report.
Posted at 04:02 PM by Howard Bashman


Access online the transcript of today's U.S. Supreme Court oral argument in Utility Air Regulatory Group v. EPA, No. 12-1146: The Court has posted today's transcript at this link.
Posted at 02:47 PM by Howard Bashman


In the March 2014 issue of ABA Journal magazine: Mark Walsh has an article headlined "Companies claim contraceptive mandate goes against owners' religious beliefs."

Anna Stolley Persky has an article headlined "50 years after New York Times v. Sullivan, do courts still value journalists' watchdog role?"

Wendy N. Davis has an article headlined "States keep mum on where lethal injection drugs are made."

Stephanie Francis Ward is the author of the issue's cover story, headlined "Has 'stop and frisk' been stopped?"

David L. Hudson Jr. has an article headlined "Firm challenges Florida Bar over website ad limits."

And the latest installment of Bryan A. Garner's "On Words" column is headlined "Weighing the arguments for and against obfuscation in court."
Posted at 02:36 PM by Howard Bashman



"Supreme Court declines to hear gun law challenges": 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 turns down two 2nd Amendment appeals from NRA."

And The Washington Times has a news update headlined "Supreme Court declines to hear gun cases."
Posted at 01:58 PM by Howard Bashman



"Trial may redefine Michigan's gay marriage, adoption laws": This front page article appears today in The Detroit News.

And today's edition of The Detroit Free Press contains a front page article headlined "Parenting to be focus as Michigan judge begins same-sex marriage trial Tuesday." In addition, April DeBoer -- a plaintiff in the case -- has an op-ed titled "Our court battle is not about a gay agenda, it's about our family."
Posted at 01:42 PM by Howard Bashman



"Climate case at Supreme Court looks at EPA's power": Mark Sherman of The Associated Press has a report that begins, "The Supreme Court appears divided over an Obama administration program aimed at limiting power plant and factory emissions of gases blamed for global warming."

Lawrence Hurley of Reuters reports that "Justices question Obama climate change regulations."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: Five -- the number that counts."
Posted at 01:02 PM by Howard Bashman



"Will This Man Make Gay Marriage Legal Everywhere? Justice Anthony Kennedy has more power than any president or justice in history to decree the law of the land; Agree with him or not, there is something wrong with this picture." Stuart Taylor, Jr. has this essay online at The Daily Beast.
Posted at 11:46 AM by Howard Bashman


Two former NBA refs win reversal of the call from the Second Circuit in disability insurance case: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 11:40 AM by Howard Bashman


"Looming Missouri execution turns spotlight on lethal injection drugs": Reuters has this report.
Posted at 10:02 AM by Howard Bashman


"Clarence Thomas Is One Of America's Top Legal Minds And Progressives Ignore This Fact At Their Peril": Ian Millhiser has this post today at ThinkProgress.
Posted at 09:44 AM by Howard Bashman


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

The Court issued a per curiam opinion in Hinton v. Alabama, No. 13-6440.

In early news coverage, The Associated Press reports that "High court rejects NRA appeals"; "High court won't review poker club conviction"; and "High court won't block Va. capital murder retrial."

Greg Stohr of Bloomberg News reports that "Gun Curbs for Young Adults Survive Supreme Court Appeals"; "Moldy Washer Cases Can Proceed as Court Rebuffs Whirlpool"; and "Poker Players Rejected by U.S. High Court on Prosecutions."

Lawrence Hurley of Reuters reports that "Supreme Court declines challenges to gun laws"; "Supreme Court court turns away moldy washer cases"; and "U.S. Supreme Court declines to hear poker case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court denies gun rights cases."
Posted at 09:35 AM by Howard Bashman



"Massachusetts Court's Blow for Cell-Phone Privacy": Kenneth Jost has this post at his blog, "Jost On Justice."
Posted at 09:27 AM by Howard Bashman


"Obama climate change agenda faces first Supreme Court test": Lawrence Hurley of Reuters has this report.

Greg Stohr and Mark Drajem of Bloomberg News reports that "Obama's Climate Plan Challenged by Industry at High Court."

And on today;s broadcast of NPR's "Morning Edition," Elizabeth Shogren had an audio segment titled "Industry Challenges EPA's Greenhouse Gas Rules In High Court."
Posted at 07:54 AM by Howard Bashman



Sunday, February 23, 2014

Posts of interest from the contraceptive mandate symposium at "SCOTUSblog": John Bursch has a post titled "Hobby Lobby and Conestoga: The most difficult-to-answer question."

And law professor Marty Lederman has a post titled "How to understand Hobby Lobby."
Posted at 10:52 PM by Howard Bashman



"Ohio Gay-Marriage Push Divides Some Advocates": This article will appear in Monday's edition of The New York Times.

And columnist Brian Dickerson of The Detroit Free Press has an essay titled "Will Michigan's same-sex marriage showdown be a historical footnote?"
Posted at 10:48 PM by Howard Bashman



"Cruz Control: The junior senator from Texas is a smart political operator -- so why can't he resist picking so many losing fights with members of his own party?" Erica Grieder has this profile at Politico Magazine.
Posted at 10:44 PM by Howard Bashman


"Democratic donors cross aisle to unseat Texas Supreme Court judges; Democrats raise cash to unseat justices in primary bouts": The Houston Chronicle has this report.
Posted at 10:42 PM by Howard Bashman


"Couple married in UK's first ever Scientology wedding; Wedding day arrives for Scientology couple who won a Supreme Court challenge": The Telegraph (UK) has this report.

The East Grinstead (UK) Courier reports that "East Grinstead Scientology couple who won Supreme Court challenge get married in London."

The Independent (UK) has a report headlined "Couple get married in Britain's first Scientology wedding; Scientologists Louisa Hodkin and Alessandro Calcioli won a landmark legal battle to have the Church of Scientology recognised as a 'place of meeting for religious worship.'"

And BBC News reports that "Scientology couple who won Supreme Court challenge get married in London."
Posted at 09:06 PM by Howard Bashman



"Steele chosen to swear in Strine as chief justice": The News Journal of Wilmington, Delaware has this report.
Posted at 09:02 PM by Howard Bashman


"Supreme Court to consider EPA's authority to regulate greenhouse gases": Robert Barnes will have this article in Monday's edition of The Washington Post.

Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court takes up challenge to Obama and the EPA; The key question before the court is whether the Obama EPA overstepped its authority when it sought to expand greenhouse gas regulations to a wide range of sources of such emissions."

And at Roll Call, David Hawkings has a blog post titled "Supreme Court EPA Regulation Case Tests Limits, Balance of Power."
Posted at 08:50 PM by Howard Bashman



"How 'the next Citizens United' could bring more corruption -- but less gridlock": Law professor Rick Hasen -- author of the "Election Law Blog" -- has this op-ed today in The Washington Post.
Posted at 08:33 PM by Howard Bashman


"Former Wabash student can sue fraternity, state high court rules": Tim Evans of The Indianapolis Star has a news update that begins, "The Indiana Supreme Court has ruled that a former Wabash College student can move forward with a lawsuit against the fraternity where he was seriously injured during a night of horseplay that may have crossed into hazing."

You can access the ruling of the Supreme Court of Indiana, which on February 13, 2014, at this link.

Coincidentally, as noted in this recent earlier post, the cover story of this week's issue of The Atlantic is about lawsuits against fraternities.
Posted at 05:42 PM by Howard Bashman



"Where the courts are on Nevada's same-sex marriage ban": The Las Vegas Sun has this report.
Posted at 09:45 AM by Howard Bashman


"High court climate case looks at EPA's power": Mark Sherman of The Associated Press has this report.

Today's edition of The Dallas Morning News contains an article headlined "Justices to hear arguments in test of EPA authority."

And The Hill has a blog post titled "Supreme Court weighs EPA authority to regulate greenhouse gases."
Posted at 09:32 AM by Howard Bashman



"Under the U.S. Supreme Court: Keeping concealed carry free." Michael Kirkland of UPI has this report.
Posted at 09:27 AM by Howard Bashman


"Opponents of Same-Sex Marriage Take Bad-for-Children Argument to Court": Erik Eckholm has this article today in The New York Times.
Posted at 09:25 AM by Howard Bashman


"En Banc Federal Circuit Confirms Cybor: Claim Construction Reviewed De Novo on Appeal." At "Patently-O," Dennis Crouch has this post about a 6-to-4 en banc ruling that the U.S. Court of Appeals for the Federal Circuit issued Friday.

And yesterday, Dennis had a follow-up post titled "Lighting Ballast: Deference Would Have Only Masked the Problems."

Given the closeness of the en banc vote, it is worth noting that the Federal Circuit's two newest judges did not participate in the en banc ruling.
Posted at 09:20 AM by Howard Bashman



"Supreme Court Justice Sotomayor '76 discusses service": The Daily Princetonian has this report.
Posted at 09:14 AM by Howard Bashman


Saturday, February 22, 2014

"Lawyers, judge hold secret Guantanamo hearing on CIA black sites": Carol Rosenberg of The Miami Herald has this report.
Posted at 01:22 PM by Howard Bashman


"Gun Control and the Constitution: Should We Amend the Second Amendment?" Paul M. Barrett of Bloomberg Businessweek has an article that begins, "The liveliest (and oldest) former member of the U.S. Supreme Court is at it again."

The article discusses a proposal contained in Justice John Paul Stevens' upcoming book, "Six Amendments: How and Why We Should Change the Constitution."
Posted at 12:03 PM by Howard Bashman



"Supreme Court to weigh EPA move to regulate greenhouse gases; Industry groups and Republican-led states are asking justices to block what they call a 'brazen power grab' by the president's environmental regulators": David G. Savage has this article today in The Los Angeles Times.
Posted at 11:58 AM by Howard Bashman


"Sheriff won't fight gun permit ruling": The San Diego Union-Tribune has an article that begins, "Law-abiding Californians have come another step closer to being able to carry guns in public. Sheriff Bill Gore said Friday that he will not fight an opinion by a federal appeals court that ruled against the county's restrictive policy on carrying concealed weapons."
Posted at 11:52 AM by Howard Bashman


"Capital Secrecy: An Inexcusable Failure by the Media." Andrew Cohen has this essay online at the Brennan Center for Justice.
Posted at 11:50 AM by Howard Bashman


"Argument preview: Curbing greenhouse gases." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 10:16 AM by Howard Bashman


"Another Step on the Path to Settling Frisk Cases": In today's edition of The New York Times, Benjamin Weiser has an article that begins, "A federal appeals panel in Manhattan cleared the way on Friday for the lawsuits challenging the New York Police Department's stop-and-frisk practices to be sent back to a lower-court judge, a step toward negotiating a final settlement in the longstanding legal dispute."

And Bloomberg News reports that "NYC Wins Return of Stop-And-Frisk Case to Pursue Accord."
Posted at 10:12 AM by Howard Bashman



"Clarence Thomas's Disgraceful Silence": Jeffrey Toobin had this blog post online yesterday at The New Yorker.

And Michael McGough of The Los Angeles Times has an essay titled "Justice Clarence Thomas' silence is 'disgraceful'? Not really."
Posted at 10:09 AM by Howard Bashman



"SB 1062 forcing Brewer to consider issues tied to faith, discrimination": This front page article appears today in The Arizona Republic, along with a front page article headlined "Arizona business groups overwhelmingly opposed to SB 1062."

In today's edition of The Arizona Daily Star, Howard Fischer has a front page article headlined "Business leaders ask Brewer to veto law allowing denial of services."

The New York Times contains a front page article headlined "Religious Right in Arizona Cheers Bill Allowing Businesses to Refuse to Serve Gays."

And The Los Angeles Times reports that "Wary Arizona businesses urge veto of anti-gay bill."
Posted at 10:06 AM by Howard Bashman



"Photographers Band Together to Protect Work in 'Fair Use' Cases": Today's edition of The New York Times contains an article that begins, "To many photographers, a federal appeals court ruling last spring that permitted Richard Prince to use someone else's photographs in his art was akin to slapping a 'Steal This' label on their work."
Posted at 09:58 AM by Howard Bashman


"Federal appellate court rules against Notre Dame": This front page article appears today in The South Bend Tribune.

And The Associated Press reports that "Court rules against Notre Dame over birth control."
Posted at 09:55 AM by Howard Bashman



Friday, February 21, 2014

"Court Rules Against Notre Dame in Contraception Case; University Claims Affordable Care Act Violates Religious Beliefs": Louise Radnofsky and Brent Kendall of The Wall Street Journal have this news update. You can freely access the full text of the article via Google.

Josh Gerstein of Politico.com has a blog post titled "Court: No reprieve for Notre Dame on contraception coverage rule."

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

Circuit Judge Richard A. Posner wrote the majority opinion, in which Circuit Judge David F. Hamilton joined. Circuit Judge Joel M. Flaum issued a dissenting opinion.
Posted at 09:18 PM by Howard Bashman



"Order in the Court: A multidisciplinary design team applies a light and skillful touch to restore luster to a faded Lower Manhattan landmark while bringing it up to current standards." Architectural Record has this report on the recent renovations to the Thurgood Marshall U.S. Courthouse, which houses the Second Circuit's headquarters.
Posted at 06:37 PM by Howard Bashman


Coming soon -- The newly redesigned Tenth Circuit home page: According to an email that the U.S. Court of Appeals for the Tenth Circuit sent yesterday afternoon, "The Tenth Circuit Court of Appeals is pleased to announce that the redesign of our internet website will go live on Friday evening February 21, between 5:00 p.m. and 6:00 p.m." One presumes that those times pertain to the mountain time zone, where the Tenth Circuit's headquarters is located.
Posted at 05:50 PM by Howard Bashman


Programming note: I will be spending this afternoon with trial counsel in an appeal I'm working on that's scheduled for oral argument next Wednesday. Additional posts will appear this evening.
Posted at 10:48 AM by Howard Bashman


"Supreme Court rules for DuPont in asbestos case": This article appears today in The News Journal of Wilmington, Delaware.

And The Associated Press reports that "Delaware court affirms dismissal of Argentine suit."

You can access yesterday's ruling of the Supreme Court of Delaware, which also contains what news reports describe as a "sharply worded" or "biting" dissent, at this link.
Posted at 08:26 AM by Howard Bashman



"Former Supreme Court Justice Sandra Day O'Connor gets warm reception in Charleston": The Post & Courier of Charleston, South Carolina has this report.
Posted at 08:22 AM by Howard Bashman


"Same-Sex Marriage Lawsuits Exploding in U.S. Courts": Pete Williams of NBC News has this report.

And today at WSJ.com's "Washington Wire" blog, Jess Bravin has a post titled "Court Reporter: Judge's Gay-Marriage Ruling Now Embraced." The post's description reads, "Welcome to the first installment of Court Reporter, a new column by Wall Street Journal's Supreme Court correspondent, Jess Bravin. The column takes a fresh look at the world of law."
Posted at 08:20 AM by Howard Bashman



"Supreme Court Could Clarify EPA Authority to Regulate Carbon Pollution": Bloomberg News has this report.
Posted at 08:17 AM by Howard Bashman


"Abortion notification law's fate rests with Alaska high court": The Anchorage Daily News has an article that begins, "The Alaska Supreme Court heard oral arguments Wednesday on a state law that requires doctors to notify a pregnant minor's parents before she can undergo an abortion."

And Alaska Public Radio Network reports that "Alaska Supreme Court Hears Oral Arguments On Parental Notification Law" (with link to audio).

In the not too distant future, the video of Wednesday's oral argument in the Supreme Court of Alaska should be available online via this link.
Posted at 08:11 AM by Howard Bashman



"Behind the Briefs: A Secret History of the Supreme Court's Halliburton Case." Paul M. Barrett has this article online today at Bloomberg Businessweek.
Posted at 07:58 AM by Howard Bashman


"The Ghost of Herbert Smulls Haunts Missouri's Death Penalty Plans; It's been just three weeks since Missouri executed Herbert Smulls before his appeals were exhausted; And virtually nothing has gone right for the state in its efforts to implement the death penalty since": Andrew Cohen has this essay online at The Atlantic.
Posted at 07:55 AM by Howard Bashman


Thursday, February 20, 2014

"Where Is the Great Al Qaeda Courtroom Drama?" Amy Davidson has this blog post online today at The New Yorker.
Posted at 11:04 PM by Howard Bashman


"Global-Warming Case Tests The Limits Of An Aging Clean Air Act": Today at Forbes.com, Daniel Fisher has a post that begins, "The U.S. Supreme Court on Monday will hear arguments in a case that really ought to be debated in the halls of Congress: Whether greenhouse gases can be regulated the same as any other air pollutant."
Posted at 11:00 PM by Howard Bashman


"Judge Posner's Dog Ate His Homework": Matthew J. Franck has this post today at National Review Online's "Bench Memos" blog

My earlier coverage of last week's oral argument in Univ. of Notre Dame v. Sebelius appears here and here.
Posted at 10:36 PM by Howard Bashman



"Court breathes new life into Michael Jordan's suit over Jewel ad": The Chicago Tribune has this news update reporting on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued yesterday.
Posted at 10:33 PM by Howard Bashman


"Court rules lawmakers can't cut pension benefit increases for retired judges": Howard Fischer of The East Valley Tribune has a news update that begins, "State lawmakers cannot balance the budget by limiting pension benefit increases for retired judges, the Arizona Supreme Court ruled Thursday."

And The Arizona Republic has a news update headlined "Court's pension ruling could cost Arizona taxpayers millions."

You can access today's ruling of the Supreme Court of Arizona at this link.
Posted at 10:26 PM by Howard Bashman



"New Rules, Same Results on Capitol Hill: Despite 'the nuclear option,' Republicans are still slowing Senate business to a halt." This article appears in the February 21, 2014 issue of Newsweek.
Posted at 10:22 PM by Howard Bashman


"Aereo's future rests on Copyright Act's definition of 'public'": Alison Frankel's "On the Case" from Thomson Reuters News & Insight today has this report.
Posted at 10:15 PM by Howard Bashman


"Texas Judge Gregg Costa gets nomination hearing": Ben Kamisar of The Dallas Morning News has this blog post.
Posted at 10:14 PM by Howard Bashman


"UK Supreme Court judge Lord Wilson backs gay marriage": BBC News has this report.
Posted at 10:08 PM by Howard Bashman


"Arizona Legislature approves controversial religion bill": The Arizona Republic has a news update that begins, "The Legislature has given final approval to a controversial religion bill that's spurring intense debate at the Legislature and across the country. The legislation, written by the conservative advocacy group Center for Arizona Policy and the Christian legal organization Alliance Defending Freedom, would allow individuals to use religious beliefs as a defense against a lawsuit."
Posted at 10:07 PM by Howard Bashman


"SEC Weighs in on Whistleblower Court Battle": Rachel Louise Ensign has this post at WSJ.com's "Law Blog" about an amicus brief that the SEC filed today in the Second Circuit.
Posted at 04:15 PM by Howard Bashman


"Garrett Epps's Topsy-Turvy Misunderstanding of Religious-Liberty Precedents": Ed Whelan has this post at National Review Online's "Bench Memos" blog.
Posted at 03:57 PM by Howard Bashman


"Federal judges skeptical of industry challenge to EPA soot standard": Jeremy P. Jacobs of Greenwire has this report.

You can access the audio of today's D.C. Circuit oral argument via this link (mp3 audio file).
Posted at 03:38 PM by Howard Bashman



"It takes a certain kind of personal-injury lawyer to look at the facts of this glittering night and wrest from them a plausible plaintiff and defendant": So begins the third paragraph of an article by Caitlin Flanagan that The Atlantic posted online yesterday headlined "The Dark Power of Fraternities: A yearlong investigation of Greek houses reveals their endemic, lurid, and sometimes tragic problems -- and a sophisticated system for shifting the blame."

The article is the cover story of the magazine's March 2014 issue.
Posted at 03:32 PM by Howard Bashman



Ninth Circuit agrees to expedite City of San Jose's appeal challenging the legality of baseball's federal antitrust exemption: You can access today's order of a two-judge Ninth Circuit panel at this link.
Posted at 03:20 PM by Howard Bashman


The contents of the February 2014 issue of the Harvard Law Review are now available online: Via this link.
Posted at 03:16 PM by Howard Bashman


"Supreme Court asked to clear the air about greenhouse gas rules": Michael Doyle of McClatchy Washington Bureau has this report.

And Lawrence Hurley and Valerie Volcovici of Reuters have a news analysis headlined "U.S. air pollution authority faces Supreme Court tests."
Posted at 03:12 PM by Howard Bashman



"27 liberal groups oppose Obama judicial nominee": The Associated Press has this report.

And The Hill has a blog post titled "Liberal groups blast Obama judicial pick."
Posted at 03:10 PM by Howard Bashman



"Oregon Attorney General Ellen Rosenblum won't defend state's ban on gay marriage": The Oregonian has this news update.

The Statesman Journal of Salem, Oregon has a news update headlined "Oregon AG will not defend same-sex marriage ban."

The Associated Press reports that "Oregon won't defend gay-marriage ban in lawsuit."

And Bloomberg News reports that "Oregon Attorney General Won't Defend Gay-Marriage Ban."

Update: In other coverage, at "SCOTUSblog" Lyle Denniston has a post titled "Oregon ends defense of marriage ban."
Posted at 02:11 PM by Howard Bashman



"NJ state bar association endorses renomination of Stuart Rabner, chief justice of the state supreme court": The Record of Hackensack, New Jersey has this news update.

And The Associated Press has a report headlined "NJ bar group backs chief justice, warns gov" that begins, "The New Jersey State Bar Association says Gov. Chris Christie would undermine the independence of the judiciary if he refuses to reappoint the chief justice of the state Supreme Court."
Posted at 01:44 PM by Howard Bashman



"High court could put brake on greenhouse gas rules; Industry opponents of greenhouse gas regulations contend billions of dollars and thousands of jobs are at stake, while environmental groups say Obama's climate action plan could be crimped": Richard Wolf has this article today in USA Today.
Posted at 01:23 PM by Howard Bashman


"Some days we are called upon to consider such profound issues as eleventh-hour death penalty appeals . . . . Today we consider the coating on sunflower seeds." So begins the majority opinion that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.

The case presents the interesting question whether state law false advertising claims asserting that "the sodium content in a 'serving' of sunflower seeds, as stated on the package, must include the sodium contained in the edible coating" are preempted by federal law. The majority's opinion issued today answers "no."

Update: In other coverage, at her "Trial Insider" blog, Pamela A. MacLean has a post titled "ConAgra Must Disclose Sunflower Seed Shell Salt Content."
Posted at 01:15 PM by Howard Bashman



"Filing: Missouri finds new execution drug supplier." The Associated Press has a report that begins, "Court documents filed on behalf of Missouri Attorney General Chris Koster show that the state has found a new supplier of its execution drug, less than a week before convicted killer Michael Taylor is scheduled to be put to death."
Posted at 12:15 PM by Howard Bashman


"Will the Roberts Court Follow Its Own Religious-Freedom Precedent? If the conservative justices uses the same logic they have in the past, Hobby Lobby's case against the contraceptive mandate doesn't stand a chance." Law professor Garrett Epps has this essay online at The Atlantic.
Posted at 12:14 PM by Howard Bashman


"Storied law professor George Anastaplo dies": Yesterday, The Hyde Park Herald posted online an article that begins, "George Anastaplo, 88, a Hyde Parker who became widely known for arguing his own case in front of the U.S. Supreme Court, died Friday, Feb. 14."

The March/April 2012 issue of The University of Chicago Magazine contained a profile of Anastaplo headlined "One door closes."

You can access the U.S. Supreme Court's 5-to-4 ruling in In re Anastaplo, issued in April 1961, at this link. And Oyez provides access to the audio of the oral argument.

As Anastaplo's Wikipedia entry explains, "The denial of his admission [to practice law in Illinois] became a Supreme Court case, In re Anastaplo, in which he insisted that the First Amendment of the U.S. Constitution protects the privacy of political affiliations; in particular, he refused to answer questions about membership in the Communist Party."

Loyola University Chicago School of Law, where Anastaplo was a law professor, has posted these remarks on his passing.
Posted at 12:04 PM by Howard Bashman



"Law.com will be winding down its blog network": Debra Cassens Weiss has this post today at the ABA Journal's "Law News Now" blog.

The "How Appealing" blog has been a part of the law.com blog network since April 20, 2006. The original news release reporting on this blog's affiliation with the law.com blog network can be accessed here.

This blog has always had a special relationship with ALM's law.com, being until very recently the only blog affiliated with or operated by an ALM publication that was hosted at a law.com address. To assuage anyone's concerns (including Rick Hasen of the "Election Law Blog," who has been tweeting the heck out of this story this morning), law.com has offered to continue hosting this blog even after its blog network winds down.

The impending discontinuance of the law.com blog network, which will come to an end on September 30, 2014, does provide an opportunity for me to reconsider whether I want to extend my relationship with law.com or to move this blog under the auspices of another organization. But, just as this blog continued in the aftermath of the end of operations of its first ever host, Legal Affairs magazine, this blog will continue regardless of where it is hosted.

In any event, thanks to everyone for all of the support that law.com's announcement has already spawned on Twitter.
Posted at 11:14 AM by Howard Bashman



"Constitution Check: How private is the place where cellphone calls are made?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 09:54 AM by Howard Bashman


"Fort Myers man's family willing to take drug case to Supreme Court; Raising money for lawyer to fight drug sentence": The News-Press of Fort Myers, Florida has an article that begins, "The family of a Fort Myers man sentenced to 60 years in 1994 for selling $850 worth of cocaine is trying to raise money to hire a lawyer with the expectation that arguments may stretch to the U.S. Supreme Court."
Posted at 09:00 AM by Howard Bashman


"Supreme Court asked to decide on three gun cases; Mixed bag of legislation confounds states, NRA": This front page article appears today in The Washington Times.

The newspaper also contains a related article headlined "D.C. mom takes gun case to Supreme Court."
Posted at 08:57 AM by Howard Bashman



"Supreme Court to hear challenge to greenhouse gas controls": Maureen Groppe has this article today in The Indianapolis Star.
Posted at 08:55 AM by Howard Bashman


"U.S. Supreme Court to give Arizona death-row case an unusual 13th look": Cronkite News has this report.
Posted at 08:54 AM by Howard Bashman


"Greenwich Village Chicago-style pizzeria battles Supreme Court Justice Antonin Scalia over the definition of 'pizza'; High Court jurist made his ruling; But Emmett Burke offers a throwdown with the judge and pizza maven Jon Stewart": The New York Daily News has this report.
Posted at 08:40 AM by Howard Bashman


"Would Cameras Turn the Supreme Court Into a Circus? C-SPAN was supposed to usher in an era of greater transparency and accountability on Capitol Hill; Look how that turned out." Dustin Volz has this essay online at National Journal.
Posted at 08:36 AM by Howard Bashman


"Fighting over Sen. Rand Paul's NSA lawsuit continues": Columnist Dana Milbank of The Washington Post has an op-ed that begins, "The legal fight against National Security Agency surveillance is shaping up to be a titanic clash, with pugilistic litigants trading charges and countercharges of bad faith and misinformation. And that's just among the plaintiffs."
Posted at 08:33 AM by Howard Bashman


"S.F. wins ruling on high-capacity gun magazines": In today's edition of The San Francisco Chronicle, Bob Egelko has an article that begins, "San Francisco's impending ban on high-capacity gun magazines will save far more lives than it risks, a federal judge declared Wednesday in rejecting gun advocates' request to block the ordinance from taking effect."

And The Associated Press reports that "Judge upholds San Francisco gun magazine ban."

I have posted online at this link yesterday's ruling of the U.S. District Court for the Northern District of California.
Posted at 08:30 AM by Howard Bashman



"Law and Politics": Linda Greenhouse has this essay online at The New York Times.
Posted at 08:15 AM by Howard Bashman


Wednesday, February 19, 2014

"Appeals court upholds constitutionality of state's funeral laws, reverses others": The Pittsburgh Tribune-Review has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 11:28 PM by Howard Bashman


"As Execution Drugs Run Dry, Attention Turns To Source Of Shortage": This audio segment appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 10:26 PM by Howard Bashman


"As Obama Vows to Go It Alone, Justices Weigh a Boundary": Adam Liptak will have this article in Thursday's edition of The New York Times.
Posted at 10:24 PM by Howard Bashman


"Attorney general: Alaska will continue defending same-sex marriage ban." The Associated Press has a report that begins, "Alaska Attorney General Michael Geraghty said he will continue to defend the state's constitutional ban on same-sex marriage, even as federal courts around the country strike down similar bans."
Posted at 10:08 PM by Howard Bashman


"Federal appeals court upholds man's banishment from many Georgia counties": The Associated Press has this report on an unpublished opinion that the U.S. Court of Appeals for the Eleventh Circuit issued today.
Posted at 10:06 PM by Howard Bashman


"Aereo loses copyright fight, gets banned in 6 states; Judges in New York and Utah disagree, as case heads to Supreme Court": Joe Mullin has this report today at Ars Technica.

Update: In other coverage, Dan Levine of Reuters reports that "US judge gives broadcasters injunction against Aereo online TV."

The Salt Lake Tribune has a news update headlined "Controversial TV service Aereo ordered to shut down in Utah; District court judge claims service violates copyright law."

The Associated Press reports that "Aereo blocked in some Western states after ruling."

And Bloomberg News reports that "Fox Broadcasting Wins Court Order Halting Aereo in Utah."
Posted at 07:40 PM by Howard Bashman



"Democratic and Female Judges Are Lenient. But That's O.K." Online today at The New Yorker, Tim Wu has a blog post that begins, "Imagine that you are the judge asked to sentence a convict named Shon Hopwood, a twenty-three-year-old Nebraskan who has begged you for leniency and sworn he will change his ways."
Posted at 07:30 PM by Howard Bashman


"Obama folds on aid order secrecy": Josh Gerstein of Politico.com has this blog post.
Posted at 07:14 PM by Howard Bashman


"In new SCOTUS bid, Argentina hedges bet on sovereign immunity": Alison Frankel's "On the Case" from Thomson Reuters News & Insight today has this report, which contains a link to Argentina's petition for writ of certiorari.
Posted at 04:53 PM by Howard Bashman


"Second judge ponders Virginia's same-sex marriage ban": Robert Barnes of The Washington Post has this news update.
Posted at 04:50 PM by Howard Bashman


"WLF Briefing Focuses on U.S. Supreme Court at its Mid-Term Point": "The Legal Pulse" blog of the Washington Legal Foundation has this post today linking to the video of that organization's event earlier today.
Posted at 04:48 PM by Howard Bashman


"FCC won't appeal ruling on Internet neutrality": The Associated Press has this report.
Posted at 01:54 PM by Howard Bashman


"EPA Emission Rules Face Test at High Court": Brent Kendall has this article today in The Wall Street Journal.
Posted at 01:30 PM by Howard Bashman


"Does section 5(3) of New York's Domestic Relations Law void as incestuous a marriage between an uncle and niece 'of the half blood' (that is, where the husband is the half-brother of the wife's mother)?" The U.S. Court of Appeals for the Second Circuit today certified that question to the New York State Court of Appeals in an immigration case.
Posted at 11:05 AM by Howard Bashman


"Court of Appeals hear[s] arguments on Evansville cross display": This front page article appears today in The Evansville (Ind.) Courier & Press.

And The Associated Press reports that "Judges hear dispute over Evansville cross display on public land scuttled by court order."

You can access at this link (mp3 audio file) the audio of yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 08:52 AM by Howard Bashman



"Can a State Carry Out the Death Penalty in Secret? The Georgia Supreme Court ponders whether death-row inmates can demand to know about the drugs being used to kill them -- a question with profound national significance." Andrew Cohen has this essay online at The Atlantic.
Posted at 08:30 AM by Howard Bashman


"New Confederate license plate brings skirmishes": Today's edition of The Atlanta Journal-Constitution contains this front page article.
Posted at 08:26 AM by Howard Bashman


"Kansas Senate leaders kill controversial religious freedom bill": This article appears today in The Wichita Eagle.

And The Associated Press reports that "Kansas Senate Judiciary chairman says anti-gay bill is dead in Legislature."
Posted at 08:24 AM by Howard Bashman



"Argentina asks U.S. Supreme Court to hear bonds case": Lawrence Hurley and Kevin Gray of Reuters have this report.
Posted at 08:20 AM by Howard Bashman


The Honolulu Star-Advertiser is reporting: An article headlined "Honolulu's rail project wins 2 key federal court rulings" reports on a decision that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.

And in other news, "Governor names Michael Wilson to state Supreme Court." The Hawaii Governor's Office yesterday issued this official announcement.
Posted at 08:14 AM by Howard Bashman



Bob Egelko of The San Francisco Chronicle is reporting: In today's newspaper, he has an article headlined "Baseball sued over low minor-league wages."

And in Sunday's newspaper, he had an article headlined "Retiring California justice Kennard's 25-year legacy."
Posted at 08:02 AM by Howard Bashman



Tuesday, February 18, 2014

"Cameras In the Supreme Court? Not So Fast." Ariane de Vogue has this post at "The Note" blog of ABC News.
Posted at 09:40 PM by Howard Bashman


"NJ appeals sports betting case to U.S. Supreme Court": The Star-Ledger of Newark, New Jersey has this report.

And The Associated Press reports that "NJ appeals to US Supreme Court on sports betting."
Posted at 05:11 PM by Howard Bashman



"Another Chance for the Justices to Say No to Prosecutorial Misconduct: Virginia prosecutors hid exculpatory evidence and defied a federal judge in a death-penalty case; Will the Supreme Court let them get away with it?" Andrew Cohen has this essay online today at The Atlantic.
Posted at 05:08 PM by Howard Bashman


"Judicial Nominations Debate Looms After Recess": Online at Roll Call, Niels Lesniewski has this blog post today.
Posted at 03:08 PM by Howard Bashman


"Idaho Supreme Court justice Daniel T. Eismann at odds with three of his colleagues": The Idaho Statesman recently published an article that begins, "The Idaho Supreme Court delivered a legal opinion on Valentine's Day , with one justice spreading a bouquet of black roses among his colleagues."

You can access last Friday's ruling of the Supreme Court of Idaho at this link.

Justice Daniel T. Eismann's notable dissenting opinion begins, "Courts decide cases in one of two ways: (a) they apply the law to the facts and thereby arrive at the result or (b) they determine the desired result and then twist the law and/or the facts to justify it."
Posted at 01:58 PM by Howard Bashman



"Some Kansas GOP lawmakers would rather religious freedom bill would just 'go away'": In today's edition of The Wichita Eagle, Bryan Lowry has a front page article that begins, " It's easy to be a Monday morning quarterback, Kansas House speaker Ray Merrick said as lawmakers returned to work after facing national criticism for passing a bill critics say would have legalized discrimination against same-sex couples."
Posted at 12:55 PM by Howard Bashman


"State high court says warrants are needed for law enforcement to obtain cellphone location data": The Boston Globe has a news update that begins, "The state's highest court ruled today that law enforcement must generally obtain a search warrant before acquiring cellphone data showing the past locations of a cellphone."

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

The majority opinion begins: "The central question we address in this appeal is whether, consistent with the Massachusetts Constitution, the Commonwealth may obtain from a cellular telephone service provider historical cell site location information for a particular cellular telephone without first obtaining a search warrant supported by probable cause."
Posted at 12:02 PM by Howard Bashman



"Writers On A New England Stage: Supreme Court Justice Sonia Sotomayor." New Hampshire Public Radio has posted online this report containing a link to the audio (mp3 audio file) of an approximately 50-minute interview with Justice Sonia Sotomayor earlier this month on stage at The Music Hall in Portsmouth, New Hampshire.
Posted at 09:52 AM by Howard Bashman


"USS Cole bombing hearing halted at Guantanamo; defendant may fire lawyer": Carol Rosenberg of The Miami Herald has this report. The newspaper has posted an unofficial transcript of yesterday morning's hearing at this link.

And Reuters reports that "U.S. hearing paused for alleged USS Cole bombing mastermind."
Posted at 09:47 AM by Howard Bashman



"Advertising Campaign Pitches Cameras in Supreme Court": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."

You can access the web site of the Coalition for Court Transparency at this link.
Posted at 09:42 AM by Howard Bashman



"Class action appeal in G-P suit heard in Ga. Supreme Court": This article appears today in The Savannah Morning News.
Posted at 08:25 AM by Howard Bashman


"State's lethal-injection secrecy law challenged": Bill Rankin has this article today in the The Atlanta Journal-Constitution.

The Associated Press reports that "Georgia High Court Hears Arguments In Hill Case."

Atlanta's NPR Station WABE 90.1 FM has a report titled "Attorneys Ask Georgia Supreme Court to Strike Down Execution Drug Secrecy Law."

And the "fresh loaf" blog of Creative Loafing Atlanta has a post titled "Georgia's Supreme Court hears oral arguments in Warren Hill appeal."
Posted at 08:17 AM by Howard Bashman



"Abortion showdown: U.S. Supreme Court weighs limits on clinic protests." Howard Mintz has this front page article today in The San Jose Mercury News.
Posted at 08:12 AM by Howard Bashman


"Constitution Check: Do school uniform policies violate the First Amendment?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:09 AM by Howard Bashman


"Supreme Court could decide legality of poker games": The Atlanta Journal-Constitution has this report.
Posted at 08:05 AM by Howard Bashman


"Ads push cameras in Supreme Court": Josh Gerstein of Politico.com has this blog post.
Posted at 08:02 AM by Howard Bashman


Monday, February 17, 2014

"Okla. pharmacy won't give drug for Mo. execution": The Associated Press has a report that begins, "An Oklahoma pharmacy has agreed not to provide Missouri with a made-to-order drug for an inmate's execution scheduled for later this month, according to court documents filed Monday."
Posted at 11:57 PM by Howard Bashman


"Same-sex marriage laws, religious business owners on collision course; Churches, businesses want to be able to turn away same-sex couples": This article appeared yesterday in The Tulsa World.
Posted at 11:55 PM by Howard Bashman


"The next battle in the abortion wars": Politico Magazine has this report.
Posted at 11:48 PM by Howard Bashman


"Alvin Holmes: Clarence Thomas an 'Uncle Tom'; Representative clarifies comments." In yesterday's edition of The Montgomery Advertiser, Kala Kachmar and Brian Lyman had this installment of that newspaper's "Under the Dome" column.
Posted at 06:20 PM by Howard Bashman


"California Supreme Court Justice Kennard talks adversity, gratitude": Southern California Public Radio 89.3 KPCC today has this report (with audio).
Posted at 05:20 PM by Howard Bashman


"Ann Arbor teen's legal brief: Juvenile lifers deserve a 2nd chance." This front page article appears today in The Detroit Free Press.

And Freep columnist Brian Dickerson has a related blog post titled "Michigan Supreme Court justices should take high schooler seriously" that begins, "A junior at one of the state's most prestigious Catholic high schools thinks she and her classmates have a lot in common with 353 Michigan prison inmates serving mandatory life sentences for crimes that they committed as teenagers."

The newspaper has posted online both the amicus brief and the accompanying motion for leave to file.
Posted at 05:10 PM by Howard Bashman



"Memo reveals Clinton's difficulty over Supreme Court choice": Bill Mears of CNN.com has this report.
Posted at 05:02 PM by Howard Bashman


"Supreme Court may rule on guns outside the home; Lower courts are split on whether the Second Amendment's right to self-defense includes the right to carry a gun in public": Richard Wolf will have this article in Tuesday's edition of USA Today.
Posted at 05:00 PM by Howard Bashman


"Compounding Pharmacies Called On To Make Execution Drugs": This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 03:21 PM by Howard Bashman


"In Kansas, Right Joins Left to Halt Bill on Gays": Today's edition of The New York Times contains an article that begins, "A bill that would have allowed individuals to refuse to provide business services to same-sex couples in Kansas because of religious beliefs met a surprising and quick end last week when conservative senators sided with liberal advocates in saying that the measure promoted discrimination."
Posted at 11:11 AM by Howard Bashman


"Further thoughts on the (statutory) right to argue pro se at the Supreme Court": Will Baude has this post today at "The Volokh Conspiracy."
Posted at 11:02 AM by Howard Bashman


"Death penalty doubts affirmed; Inslee's death penalty moratorium 'overwhelming relief' for former state justice who resigned to protest capital punishment": This article appears today in The Olympian of Olympia, Washington.
Posted at 10:54 AM by Howard Bashman


"Generic drug makers fight rule on health risk warnings; The proposed FDA regulation would close a legal loophole and allow patients to sue; An industry group predicts costs will soar, but others say it's the right thing to do": David G. Savage has this article today in The Los Angeles Times.
Posted at 10:52 AM by Howard Bashman


"Chicago-style pizza 'shouldn't be called pizza,' Supreme Court Justice Antonin Scalia says; The outspoken High Court conservative and Elmhurst, Queens native issued a sharp verdict over the weekend: deep-dish may taste good but it's not real pizza." The New York Daily News has this report.
Posted at 08:23 AM by Howard Bashman


"Same-sex marriage moving swiftly back toward Supreme Court; Lower-court rulings have struck down state bans, meaning the issue could face a definitive test before justices as early as next year": David G. Savage has this article today in The Los Angeles Times.
Posted at 08:20 AM by Howard Bashman


Sunday, February 16, 2014

"Gun Rights Ruling Risks Danger to Public": Kenneth Jost has this post today at his blog, "Jost On Justice."
Posted at 11:36 PM by Howard Bashman


"State high court may end a protection for party hosts in alcohol suits; Some justices appear ready to open the way for lawsuits against people who charge fees to attend underage drinking parties and an intoxicated guest hurts someone": Maura Dolan will have this article in Monday's edition of The Los Angeles Times.
Posted at 11:35 PM by Howard Bashman


"Same-sex ruling echoes historic interracial decision; 1967 case allowing interracial unions influences ruling against same-sex marriage ban": This front page article appears today in The Richmond Times-Dispatch.

And yesterday's broadcast of NPR's "Weekend Edition Saturday" contained an audio segment titled "Flood Of Gay Marriage Cases Releasing Stream Of Federal Rulings."
Posted at 10:00 PM by Howard Bashman



"Gov. Jerry Brown puts deep imprint on California judiciary": In Monday's edition of The San Jose Mercury News, Howard Mintz will have an article that begins, "As he prepares to fill a surprise opening on the California Supreme Court, Gov. Jerry Brown's track record of appointing judges strongly points toward a consistent theme -- scouring the legal ranks for candidates with some intellectual firepower who might add diversity to the nation's largest judiciary."
Posted at 09:48 PM by Howard Bashman


"A question of where protesters take a stand": Robert Barnes will have this new installment of his "The High Court" column in Monday's edition of The Washington Post.
Posted at 09:42 PM by Howard Bashman


"Unnamed parties sue in state Supreme Court over John Doe campaign probe; Court issues first order but seals it from public view": Patrick Marley, Jason Stein, and Daniel Bice had this article in yesterday's edition of The Journal Sentinel.
Posted at 01:22 PM by Howard Bashman


"Legacy of civil rights leaders source of fights": Jesse J. Holland of The Associated Press has this report.
Posted at 01:20 PM by Howard Bashman


"Georgia Supreme Court will hear appeal of killer; Warren Lee Hill's attorneys will present arguments": The Albany Herald has this report.

The Associated Press reports that "Ga. high court to hear oral arguments in Hill case."

And the "fresh loaf" blog of Creative Loafing Atlanta has a post titled "Georgia's Supreme Court to hear Warren Lee Hill appeal on Monday."
Posted at 01:08 PM by Howard Bashman



"Lansing casino case headed to US Supreme Court": The Lansing State Journal has this report.
Posted at 01:02 PM by Howard Bashman


"Student journalist sues Otterbein for police records": The Columbus Dispatch has an article that begins, "After repeated, unsuccessful requests for campus police records, an Otterbein University student journalist is asking the Ohio Supreme Court to order the private school to turn over arrest reports and other records."
Posted at 10:23 AM by Howard Bashman


"3-year study of Louisiana's judiciary concludes more study is needed": The Times-Picayune of New Orleans has this report. The study issued Friday can be accessed here.
Posted at 10:22 AM by Howard Bashman


"Native American inmates appeal hair length issue to U.S. Supreme Court; Plaintiffs argue Corrections' policy requiring short hair violates their religious tenets": The Montgomery (Ala.) Advertiser has this report.
Posted at 10:20 AM by Howard Bashman


"2 veteran Supreme Court lawyers will argue for industry, states in EPA emissions case": Jeremy P. Jacobs of Greenwire has this report.
Posted at 10:14 AM by Howard Bashman


"Scalia laments decline in civics education; Justice speaks at Union League of Chicago": This article appeared yesterday in The Chicago Tribune.
Posted at 10:09 AM by Howard Bashman


"Shadowing the Supreme Court: Law School clinic gives students intense grounding in real-time cases." The Harvard Gazette has this report.
Posted at 10:06 AM by Howard Bashman


"Under the U.S. Supreme Court: Citizens United rolls, SEC rule drifts." Michael Kirkland of UPI has this report.
Posted at 09:26 AM by Howard Bashman


Saturday, February 15, 2014

"Spying by N.S.A. Ally Entangled U.S. Law Firm": Sunday's edition of The New York Times will contain this front page article.
Posted at 11:11 PM by Howard Bashman


"Scalia criticizes education -- and Chicago pizza": This article appears today in The Chicago Sun-Times.
Posted at 11:06 PM by Howard Bashman


"A Brief History of Obama's Biggest Constitutional Flops: From the Fourth Amendment to religious liberty, the Obama administration has lost big at the Supreme Court." Damon Root has this essay online today at Reason.
Posted at 11:03 PM by Howard Bashman


"For high court, a fantasy league of their own": Josh Blackman is the subject of this Associated Press report, whose headline seems to suffer from a case of pronoun antecedent disagreement.
Posted at 03:05 PM by Howard Bashman


"Gay-marriage foes scrambling after court setbacks": The Associated Press has this report.
Posted at 03:00 PM by Howard Bashman


"Who's the judge who ruled on Va.'s ban on gay marriage? A seeker of 'more perfect' freedom." Robert Barnes and David A. Fahrenthold have this front page article today in The Washington Post. The newspaper also has an article headlined "A mix of emotions for Virginia state Sen. Ebbin after same-sex marriage ban is struck down."

In today's edition of The New York Times, Erik Eckholm has an article headlined "A Victory for Gay Rights in Virginia, but Opponents Vow to Fight On."

Today's edition of The Richmond Times-Dispatch contains front page articles headlined "After same-sex ruling, 'happiness and relief'; Gay couples rejoice at opinion, but unions in Virginia still on hold"; "Gay couples try to get marriage licenses in Richmond"; and "Ruling sparks renewed debate over same-sex marriage."

The Virginian-Pilot contains a front page article headlined "Overthrow of Va. gay-marriage ban draws hot debate."

The Daily Press of Newport News, Virginia contains a front page article headlined "Reaction mixed to Virginia judge's ruling in same-sex marriage case; Ruling from U.S. District Judge Arenda L. Wright Allen spurs strong praise, sharp criticism."

And The Roanoke Times has a front page article headlined "Gay marriage ruling in Virginia met with joy, relief; Many same-sex couples in the Roanoke area say they have 'felt married' for years."
Posted at 01:16 PM by Howard Bashman



Friday, February 14, 2014

"Higher court rules Roy Gomm uniform suit not over": The Reno Gazette-Journal has this news update.

And at the "School Law" blog of Education Week, Mark Walsh has a post titled "9th Circuit Casts Doubt on Policy Requiring School Uniform With Motto."

My earlier coverage of today's Ninth Circuit ruling appears at this link.
Posted at 11:00 PM by Howard Bashman



"Justice Dept. Defends Its Conduct on Evidence": In Saturday's edition of The New York Times, Charlie Savage will have an article that begins, "The Justice Department has told a federal judge in Oregon that it did not engage in misconduct when prosecutors failed to tell a defendant that he faced evidence derived from warrantless wiretapping before his trial last year on terrorism-related charges."
Posted at 10:52 PM by Howard Bashman


"Utah court wipes 'Diaper Man's' record clean": The Salt Lake Tribune has a news update that begins, "The Utah Supreme Court found Friday that Barton Jason Lewis Bagnes did not commit a sexual or criminally lewd act when he dropped his trousers and showed his Elmo diaper to two girls in White City."

Justice Thomas R. Lee wrote today's opinion on behalf of a unanimous Supreme Court of Utah.
Posted at 10:38 PM by Howard Bashman



"Utah will appeal polygamy ruling, attorney general says": The Associated Press has this report.
Posted at 10:33 PM by Howard Bashman


"A Steady Path to Justices as Gay Marriage Gains Momentum in States": Adam Liptak will have this news analysis in Saturday's edition of The New York Times.

Online at Slate, law professor David S. Cohen and Dahlia Lithwick have a jurisprudence essay titled "It's Over: Gay Marriage Can't Lose in the Courts; A perfect record for equality post-Windsor."

And at the "Taking Note" blog of The New York Times, Jesse Wegman has a post titled "Scalia Has Seen the Future, and Its Name Is Marriage Equality."
Posted at 09:56 PM by Howard Bashman



"The Benchslap Dispatches: I Pity The Fool Who Tries To Talk Over Judge Posner." David Lat has this post today at "Above the Law."

My earlier coverage appears here and here.
Posted at 07:40 PM by Howard Bashman



"Virginia's Ban On Gay Marriage Is Struck Down": Today's broadcast of NPR's "Morning Edition" contained this interview with Virginia Attorney General Mark Herring.

Warren Richey of The Christian Science Monitor has an article headlined "Gay marriage: Virginia ruling is third against state bans in three months."

Mark Sherman of The Associated Press has an article headlined "Va. gay marriage case heads to appeals court" that begins, "With Virginia's gay marriage ban overturned, the legal fight over same-sex unions in that state goes to a court that has shifted to the left since President Barack Obama's election."

And The AP also has a related report headlined "Attorneys general switching sides on gay marriage."
Posted at 04:01 PM by Howard Bashman



"Affirmative action fading from college scene; The Supreme Court could end the practice in admissions decisions at public universities": This article appeared yesterday in USA Today.
Posted at 04:00 PM by Howard Bashman


"Public school can't require students to display a motto on their uniforms": At "The Volokh Conspiracy," Eugene Volokh has this post about a case that Eugene briefed, argued, and won today on behalf of his clients in the U.S. Court of Appeals for the Ninth Circuit.

Update: In other coverage, Maura Dolan of The Los Angeles Times has a news update headlined "Court says public school uniform may violate free-speech rights."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "School Uniform Logo Flunks First Amendment."
Posted at 01:40 PM by Howard Bashman



"Thoughts on oral argument in Notre Dame v. Sebelius": Will Baude has this post today at "The Volokh Conspiracy."

Update: An interesting discussion of the oral argument is underway at the "Conlawprof" list, and two comments that I found particularly worth noting came from Kurt Lash and Marty Lederman.
Posted at 01:36 PM by Howard Bashman



"Federal Judge Overturns Virginia's Same-Sex Marriage Ban": Erik Eckholm of The New York Times has this report.

Richard Wolf of USA Today reports that "Virginia judge strikes down gay marriage ban; Ruling by U.S. District Judge Arenda Wright Allen sets the stage for a possible Supreme Court showdown, though cases from Utah and Oklahoma also are headed that way."

The Daily Press of Newport News, Virginia reports that "Virginia federal judge strikes down state's same-sex marriage ban."

The Los Angeles Times reports that "Virginia's gay marriage ban struck down by federal judge."

Bloomberg News reports that "Virginia's Gay-Marriage Ban Ruled Unconstitutional."

Reuters reports that "Federal judge strikes down Virginia's ban on gay marriage."

And at "SCOTUSblog," Lyle Denniston has a post titled "Virginia's same-sex marriage ban falls."

My earlier coverage of last night's ruling appears in the post immediately below.
Posted at 08:14 AM by Howard Bashman



Thursday, February 13, 2014

"The Court ENJOINS the Commonwealth from enforcing Sections 20-45.2 and 20-45.3 of the Virginia Code and Article I, Sec. 15-A of the Virginia Constitution to the extent these laws prohibit a person from marrying another person of the same gender." The U.S. District Court for the Eastern District of Virginia issued this ruling tonight.

In early news coverage, The Richmond Times-Dispatch reports that "Federal judge strikes down Virginia's gay marriage ban."

Robert Barnes of The Washington Post reports that "Federal judge strikes down Va. ban on gay marriage."

The Virginian-Pilot has a report headlined "U.S. judge: Va. same-sex marriage ban unconstitutional."

The Associated Press has a report headlined "Judge: Va. same-sex marriage ban unconstitutional."

And Josh Gerstein of Politico.com has a blog post titled "Federal judge strikes down Virginia same-sex marriage ban."
Posted at 10:18 PM by Howard Bashman



"Sweeping ruling on guns in public": Lyle Denniston has this post at "SCOTUSblog."

At her "Trial Insider" blog, Pamela A. MacLean has a post titled "California Concealed Weapons Law Gutted."

And online at The Los Angeles Times, Michael McGough has an essay titled "Did the 9th Circuit Court just kill gun control?"

My earlier coverage of today's Ninth Circuit ruling appears here and here.
Posted at 10:12 PM by Howard Bashman



"Court overturns county gun permit rules; Appeals court ruled self-defense is a good enough reason to carry a concealed gun": The San Diego Union-Tribune has this news update.

Bob Egelko of The San Francisco Chronicle has a news update headlined "Court strikes California law restricting concealed weapons."

Josh Richman of The Oakland Tribune has a news update headlined "Gun control: Federal court guts California's concealed-carry rules."

The Washington Times has a news update headlined "Federal court deals gun-grabbers a blow in San Diego concealed carry ruling."

And The Associated Press reports that "Court tosses California's concealed weapons rules."

My earlier coverage of today's Ninth Circuit ruling appears at this link.

Update: At "The Volokh Conspiracy," Eugene Volokh has a post titled "What next for the Second Amendment and the right to carry guns?"
Posted at 04:02 PM by Howard Bashman



Judge Posner asserts it's time to consider eliminating the "present sense impression" and "excited utterance" exceptions to the hearsay rule: Seventh Circuit Judge Richard A. Posner issued an interesting concurring opinion today.
Posted at 02:18 PM by Howard Bashman


"How The Supreme Court Pushed Judges To Strike Down Gay Marriage Bans": Sahil Kapur of TPM DC has this report today.
Posted at 01:48 PM by Howard Bashman


"We are called upon to decide whether a responsible, law-abiding citizen has a right under the Second Amendment to carry a firearm in public for self-defense." So begins the majority opinion that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.

Circuit Judge Diarmuid F. O'Scannlain's majority opinion, in which Circuit Judge Consuelo M. Callahan joined, concludes:

The district court erred in denying the applicant's motion for summary judgment on the Second Amendment claim because San Diego County's "good cause" permitting requirement impermissibly infringes on the Second Amendment right to bear arms in lawful self-defense.
Circuit Judge Sidney R. Thomas issued a dissenting opinion that concludes:
In dealing a needless, sweeping judicial blow to the public safety discretion invested in local law enforcement officers and to California's carefully constructed firearm regulatory scheme, the majority opinion conflicts with Supreme Court authority, the decisions of our sister circuits, and our own circuit precedent.
Paul D. Clement argued the case for the appellants. The case was argued back in December 2012, and you can access the oral argument audio via this link.
Posted at 01:18 PM by Howard Bashman


"NY court upholds conviction for video of neighbor": The Associated Press has a report that begins, "New York's highest court is upholding the conviction of a suburban Rochester man for videotaping his neighbor after a shower through an exterior window."

You can access today's unanimous ruling of the Court of Appeals of New York -- that state's highest court -- at this link.
Posted at 11:36 AM by Howard Bashman



"Former justice: Gag order only applies to parties in pension lawsuit." Tom Mooney has this front page article today in The Providence (R.I.) Journal.
Posted at 11:20 AM by Howard Bashman


"Why The Senate STILL Isn't Able To Get Anything Done Even After The 'Nuclear Option'": Ian Millhiser has this post today at "ThinkProgress."
Posted at 11:09 AM by Howard Bashman


On today's broadcast of NPR's "Morning Edition": Carrie Johnson had an audio segment titled "In Security Cases, Feds No Longer Get Benefit Of The Doubt."

And Peter Overby had an audio segment titled "'Citizens United' Critics Fight Money With Money."
Posted at 11:06 AM by Howard Bashman



So you thought your appellate oral argument was contentious? Yesterday, attorney Matthew A. Kairis -- head of the litigation section at the Columbus, Ohio office of Jones Day -- had the "pleasure" of arguing Univ. of Notre Dame v. Kathleen Sebelius before a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit consisting of Circuit Judges Richard A. Posner, Joel M. Flaum, and David F. Hamilton.

You can listen to the audio of the oral argument via this link.

Putting it mildly, Judge Posner was at his cantankerous best during the oral argument, at one point yelling at Kairis "You answer my question!" Judge Posner also told Notre Dame's lawyer several times "Don't fence with me" when Judge Posner thought that Kairis was not answering a question directly enough. And at one point, Judge Posner told Kairis "If you don't cooperate with me, I'm not going to let you continue your argument."

Judge Posner never did carry through with his threat to shut down Kairis's argument, so it's not clear whether that would have required the concurrence of another panel member. In Judge Posner's defense, at one point even Judge Hamilton seemed a little exasperated with Kairis's failure to directly respond to a question, reminding the advocate that the lawyers had already inflicted a great deal of reading material on the judges communicating whatever the lawyers wanted to say, and now it was the judges' opportunity to have the lawyers address the judges' many questions and concerns.

Several times during the oral argument, Judge Posner told Kairis "Please don't interrupt me." Some of those times, however, it was Judge Posner who was interrupting Kairis, who then failed to stop talking. Instead of trying to prove the point "You don't interrupt me; rather, I interrupt you," maybe Judge Posner could have better communicated his message by telling the advocate, "When I start talking, you must stop talking."

Yesterday, I had this post collecting news coverage of the oral argument.
Posted at 10:28 AM by Howard Bashman



"Ending ''Gay Conversion' for Good": Jacob M. Victor has this op-ed today in The New York Times.
Posted at 10:00 AM by Howard Bashman


"Kagan: 'Too Soon' for a Bobblehead." Michelle Olsen has this post today at her "Appellate Daily" blog.
Posted at 09:45 AM by Howard Bashman


"Supreme Court Weighs 'Qualified Immunity' for Cops Who Use Deadly Force to End Car Chases; Aggressive police tactics go on trial at the high court": Damon Root has this essay online at Reason.
Posted at 09:42 AM by Howard Bashman


"Ky. gay marriage ruling looks to precedents": Brett Barrouquere of The Associated Press has this report.
Posted at 09:40 AM by Howard Bashman


"How the Case of an Amish Farmer Could Doom Hobby Lobby in Court: It doesn't matter whether an employer is secular or religious, non-profit or for-profit; The Supreme Court's precedents show that the government's interest in nationwide programs trumps all." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 09:34 AM by Howard Bashman


"Obama Surveillance Suit by Rand Paul Spurs Lawyer Fight": Andrew Zajac and Phil Milford of Bloomberg News have this report.
Posted at 09:30 AM by Howard Bashman


"Interest Groups Gear Up For Next Supreme Court Vacancy": NPR has this report.
Posted at 09:28 AM by Howard Bashman


"NRA gets behind NJ man's lawsuit challenging state's gun carry restrictions, group says": The Newark Star-Ledger has this article.

And The Associated Press reports that "19 states to help challenge New Jersey gun law."
Posted at 09:27 AM by Howard Bashman



"Justice Thomas comments spark fresh debate on race": Bill Mears of CNN.com has this news analysis.

The Washington Times has an article headlined "Black Dem on Clarence Thomas: White wife OK, but justice is 'Uncle Tom.'"

And online at The New York Times, columnist Charles M. Blow has an essay titled "Thomas Speaks ... Blindly About Race."
Posted at 09:22 AM by Howard Bashman



Wednesday, February 12, 2014

"Teen's Sentence Won't Go Before En Banc Circuit": Courthouse News Service has a report that begins, "With seven judges complaining about the creation of a circuit split, the 9th Circuit refused Wednesday to disturb the reversal of a teenager's 254-year prison sentence."

You can access today's order of the U.S. Court of Appeals for the Ninth Circuit denying rehearing en banc, and the dissent therefrom, at this link. A total of seven judges joined in the dissent from the denial of rehearing en banc.

The original three-judge panel's unanimous ruling can be accessed here.
Posted at 11:00 PM by Howard Bashman



"Contraception mandate burdens religious exercise, Hobby Lobby argues; With U.S. Supreme Court arguments looming, the Oklahoma City-based chain says law protects corporations as well as individuals": Chris Casteel of The Oklahoman has this report.
Posted at 10:42 PM by Howard Bashman


"Judge issues temporary restraining order prohibiting Tulsa pharmacy from delivering execution drug": The Tulsa World has this news update.

And The Associated Press reports that "Company blocked from selling execution drug to Mo."

Update: You can view the temporary restraining order at this link.
Posted at 10:40 PM by Howard Bashman



"Resentencing delayed for convicted terrorism plotter with Broward ties; Trained al-Qaida fighter Jose Padilla could face harsher penalty after appeals court says judge erred in giving him 17 years": The South Florida Sun Sentinel has this news update.
Posted at 10:12 PM by Howard Bashman


"Ruling on birth control mandate appealed; Federal attorneys ask for review": Rich Lord has this article today in The Pittsburgh Post-Gazette.

Today's edition of The Pittsburgh Tribune-Review contains an article headlined "Government appeals rulings in local health care mandate cases."

And The Associated Press reports that "Pa. health care law contraceptive rulings appealed."
Posted at 10:10 PM by Howard Bashman



"Judge issues no decision in Texas' same-sex marriage ban": The San Antonio Express-News has this update.

And Reuters reports that "U.S. court hears suit to overturn same-sex marriage ban in Texas."
Posted at 10:07 PM by Howard Bashman



"Looking vs. Touching: Is possession of child pornography a crime worthy of years in prison?" Jacob Sullum has this essay online today at Reason.
Posted at 09:21 PM by Howard Bashman


"How Much Money Is Hobby Lobby's Morality Worth? In March, the company will make arguments before the Supreme Court, defending the right not to provide contraceptive coverage to employees. But what happens if it loses?" Emma Green has this essay online at The Atlantic.

And at the "Mirror of Justice" blog, Kevin C. Walsh has a post titled "A couple of observations about the government's Questions Presented in Conestoga Wood."
Posted at 07:54 PM by Howard Bashman



"ND case hearing turns contentious": The South Bend Tribune has this news update.

In Thursday's edition of The Wall Street Journal, Ben Kesling and Louise Radnofsky will have an article headlined "Judges Push Back on Notre Dame Challenge; School's Bid to Be Exempt From Any Involvement in Contraception Coverage Draws Skeptical Responses From the Bench." You can freely access the full text of the article via Google.

And Thursday's edition of The Chicago Tribune will contain an article headlined "Judge, Notre Dame attorneys spar in school's health care law appeal."

You can access the oral argument of today's oral argument at the U.S. Court of Appeals for the Seventh Circuit in Univ. of Notre Dame v. Sebelius, No. 13-3853, at this link.
Posted at 07:51 PM by Howard Bashman



"Kentucky ban on gay marriages from other states struck down by federal judge": The Courier-Journal of Louisville has this news update.

The Lexington Herald-Leader has a news update headlined "Federal judge: Kentucky must recognize same-sex marriages from other states."

The Associated Press has a report headlined "Judge: Ky. must recognize same-sex marriages."

Bloomberg News reports that "Kentucky Told to Recognize Out-of-State Same-Sex Marriage."

Reuters has a report headlined "Kentucky must recognize same-sex marriages from other states: judge."

And at "SCOTUSblog," which provides this link to the ruling, Lyle Denniston has a post titled "Kentucky ruling on same-sex marriages."
Posted at 06:03 PM by Howard Bashman



U.S. Supreme Court asked to resolve circuit split that has arisen over the substance of that Court's holding in Commonwealth Coatings Corp. v. Continental Casualty Co. (1968): You can access the petition for writ of certiorari filed yesterday in the U.S. Supreme Court at this link.

As alluded to in this earlier post, I served as appellate counsel for the petitioner in the U.S. Court of Appeals for the Third Circuit.
Posted at 05:55 PM by Howard Bashman



"Oklahoma pharmacy sued over lethal injection drug": The Associated Press has this report.
Posted at 05:40 PM by Howard Bashman


"Court questions feds' surveillance appeal": Josh Gerstein of Politico.com has this blog post.
Posted at 05:36 PM by Howard Bashman


Dog bites dog, and -- four and one-half years later -- the Supreme Court of Pennsylvania divides 3-to-3 over whether a provision of Pennsylvania's Dog Law creates an absolute liability offense: According to the opinion in support of reversal, the attacking dog was a black giant schnauzer, while the dog that was the victim of the attack was a Bernese mountain dog. Fortunately, the victim did not suffer any long-term injuries.

Today's affirmance by an equally divided court consists of a per curiam order; two opinions in support of affirmance (here and here); and an opinion in support of reversal.
Posted at 04:40 PM by Howard Bashman



Programming note: This morning, I have a meeting out of the office with trial counsel in a pending appeal that I'm working on. As a result, additional posts won't appear here until this afternoon. You can check this blog's Twitter feed for appellate-related retweets in the interim.
Posted at 08:00 AM by Howard Bashman


"Judge to hear challenge of Texas' gay marriage ban": The Associated Press has this report.
Posted at 07:51 AM by Howard Bashman


"Fremont immigrant housing ordinance will stay as is, but the victors say the fight isn't over": This front page article appears today in The Omaha World-Herald.

The Fremont (Neb.) Tribune reports today that "Fremont voters say no."

And The Associated Press reports that "Nebraska city to keep illegal immigration rules."
Posted at 07:35 AM by Howard Bashman



Tuesday, February 11, 2014

"New York State's Top Judge Permits Early Bar Exam in Exchange for Pro Bono Work": Wednesday's edition of The New York Times will contain an article that begins, "In an effort to bolster the number of lawyers for the poor, New York State's top judge has cleared the way for law students to take the bar exam early in return for devoting their last semester to pro bono work."
Posted at 11:08 PM by Howard Bashman


Slate is publishing a series of essays by Tanner Colby titled "The Massive Liberal Failure on Race": This week's installment is titled "Affirmative action doesn't work. It never did. It's time for a new solution."

Last week's installment, which was part one of the series, was titled "How the left's embrace of busing hurt the cause of integration."
Posted at 10:50 PM by Howard Bashman



"How a Single Gay Juror Brought Down Nevada's Same-Sex Marriage Ban": Mark Joseph Stern has this essay online at Slate.
Posted at 10:45 PM by Howard Bashman


"Clarence Thomas: Society is overly sensitive about race." Chris Moody of Yahoo News has this report.
Posted at 10:44 PM by Howard Bashman


"California Supreme Court Justice Joyce Kennard retiring": Howard Mintz of The San Jose Mercury News has this update.
Posted at 07:45 PM by Howard Bashman


"Terrorism Lawyer's Access to Secret Papers Fought by U.S." Bloomberg News has this report.
Posted at 07:34 PM by Howard Bashman


"Appeals court rules 'Choose Life' plates unconstitutional for NC": The News & Observer of Raleigh, North Carolina has a news update that begins, "A federal appeals court on Tuesday ruled that North Carolina's attempt to offer a 'Choose Life' license plate and not offer an abortion-rights plate was unconstitutional."

And The Associated Press reports that "Appeals court declares North Carolina anti-abortion license plate unconstitutional."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 07:26 PM by Howard Bashman



"Inslee halts executions in state while he is governor; Gov. Jay Inslee this morning announced a moratorium on executions while he is in office: 'During my term we will not be executing people.'" The Seattle Times has this news update.

And The Associated Press reports that "Washington Gov. Jay Inslee suspends death penalty."

The prepared remarks of the Governor of Washington State on this issue can be accessed here.
Posted at 02:15 PM by Howard Bashman



"Appeals court quashes IRS tax-return preparer crackdown": Reuters has this report.

The Associated Press reports that "IRS loses appeal on new rules for tax preparers."

And Bloomberg News reports that "IRS Lacks Authority to Regulate Tax Preparers, Court Says."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 01:18 PM by Howard Bashman



"Court turns down Gitmo force-feeding challenge": The Associated Press has this report.

Josh Gerstein of Politico.com has a blog post titled "Court: Guantanamo force-feeding likely legal."

And at his "Suits & Sentences" blog, Michael Doyle of McClatchy Washington Bureau has a post titled "Appeals court declines to stop Guantanamo force-feeding."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 01:12 PM by Howard Bashman



"Cincinnati again center of gay-marriage fight; Same-sex parents file suit to get both their names on birth certificates": This front page article appears today in The Cincinnati Enquirer.
Posted at 01:00 PM by Howard Bashman


"Nebraska city to reconsider 2010 immigration law": The Associated Press has this report from Fremont, Nebraska.
Posted at 09:55 AM by Howard Bashman


"Reading the Numbers: The drop in abortion rates." In the February 17, 2014 issue of The New Yorker, Margaret Talbot has a Talk of the Town comment that begins, "Last week's report about the declining abortion rate in the United States was potentially good news for everyone, especially, one would think, for right-to-life groups."
Posted at 09:12 AM by Howard Bashman


"Defining the role of appellate courts": This post appears today at the "a public defender" blog.
Posted at 09:06 AM by Howard Bashman


"Holder v. Roberts: The Attorney General makes voting rights the test case of his tenure." Jeffrey Toobin has this "Annals of Law" article (subscription required for full access) in the February 17, 2014 issue of The New Yorker.

In news coverage, The Washington Times has an article headlined "Eric Holder to step down this year: report."
Posted at 08:57 AM by Howard Bashman



"How Obama Officials Cried 'Terrorism' to Cover Up a Paperwork Error": Today at Wired.com's "Threat Level" blog, David Kravets has a post that begins, "After seven years of litigation, two trips to a federal appeals court and $3.8 million worth of lawyer time, the public has finally learned why a wheelchair-bound Stanford University scholar was cuffed, detained and denied a flight from San Francisco to Hawaii: FBI human error."
Posted at 08:06 AM by Howard Bashman


"Federal judge speaks on intelligence, surveillance; Part of a security series hosted by the Watson Institute, seminar focuses on surveillance politics": Today's edition of The Brown Daily Herald contains an article that begins, "As controversy surrounding the National Security Agency's surveillance programs continues to brew, Bruce Selya, senior federal judge on the U. S. Court of Appeals for the First Circuit, spoke Monday on the inner workings of the Foreign Intelligence Surveillance Court, including concerns about secrecy and privacy."

You can learn more about yesterday's event via this link.
Posted at 08:05 AM by Howard Bashman



"LDS Church, other faiths say same-sex marriage opposition not due to bigotry": This article appears today in The Deseret News.
Posted at 08:02 AM by Howard Bashman


"Argentina to file bond petition on Feb. 17 to U.S. Supreme Court - report": Reuters has this article.
Posted at 07:48 AM by Howard Bashman


"Group opposes Supreme Court review of Chancery Court's arbitration forum; Open govt. coalition fighting secret forum": This article appears today in The News Journal of Wilmington, Delaware.
Posted at 07:38 AM by Howard Bashman


Monday, February 10, 2014

"Rethinking the Contraceptive Mandate: The classical liberal case against the law is stronger than the religious one." Law professor Richard A. Epstein has this essay online today at the "Defining Ideas" site of the Hoover Institution.
Posted at 10:35 PM by Howard Bashman


"9th Circuit's Tallman Named to FISA Court": Pamela A. MacLean has this post today at her "Trial Insider" blog.

And at the "Techdirt" blog, Tim Cushing has a post titled "New FISA Court Appointees Are A Pro-Government Prosecutor And An Unknown Quantity."
Posted at 10:20 PM by Howard Bashman



"North Dakota Abortion Law Trial Off as Case Settled": Bloomberg News has this report.
Posted at 10:16 PM by Howard Bashman


"Nevada officials won't defend gay marriage ban": Ed Vogel of The Las Vegas Review-Journal has this news update.

The Associated Press reports that "Nevada officials won't defend gay marriage ban."

Reuters reports that "Nevada ends fight to ban gay marriage, cites changed landscape."

And Chris Geidner of BuzzFeed reports that "Nevada Attorney General Stops Defending Same-Sex Marriage Ban In Appeal."
Posted at 10:09 PM by Howard Bashman



"LDS Church, other faiths say traditional marriage is crucial to children, society": Brooke Adams of The Salt Lake Tribune has this news update.

And The Associated Press reports that "Religious groups join, fight gay marriage in court."
Posted at 10:02 PM by Howard Bashman



"Idaho Supreme Court sides with Boise lesbian couple in adoption case": The Idaho Statesman has this news update reporting on a unanimous ruling that the Supreme Court of Idaho issued today. The court also provided this summary of its ruling.
Posted at 07:32 PM by Howard Bashman


"Supreme Court Rule 28.8 may be invalid": Will Baude has this post today at "The Volokh Conspiracy."
Posted at 07:24 PM by Howard Bashman


"Appellate Judges: Umpires Or Gods?, Ctd." Dan Klau has this post today at his "Appealingly Brief!" blog.
Posted at 07:15 PM by Howard Bashman


"Michelle Olsen: The Supreme Court's Social Media Maven." Julie Silverbrook has this profile of the author of the "Appellate Daily" blog and Twitter feed online at Ms. JD.
Posted at 07:12 PM by Howard Bashman


"Apple loses latest bid to block e-books antitrust monitor": Reuters has this report on an order that a three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 05:02 PM by Howard Bashman


"Condemned man's last words lead to questions about lethal injection 'cocktail' in Oklahoma, U.S.; States across the U.S. began using compounding pharmacies for a drug commonly used in executions after a key supplier stopped providing the drug": This article appeared in yesterday's edition of The Oklahoman.
Posted at 05:00 PM by Howard Bashman


"Hobby Lobby asks Supreme Court for exemption to Obamacare mandate": CNN.com has this report on the merits brief that respondent Hobby Lobby Stores, Inc. filed today in the U.S. Supreme Court.
Posted at 04:56 PM by Howard Bashman


"Fate of Obama mountaintop crackdown may hinge on judges' view of EPA guidance": Jeremy P. Jacobs and Manuel Quinones of Greenwire have this report today.
Posted at 04:22 PM by Howard Bashman


"California wins two-year extension in fight over inmate releases": The Sacramento Bee has this news update.

Howard Mintz of The San Jose Mercury News has an update headlined "California prison overcrowding fix gets two-year extension."

The Los Angeles Times has a news update headlined "Gov. Jerry Brown wins two-year delay in prison crowding caps."

And The Associated Press reports that "California gets 2 more years to cut prison numbers."
Posted at 03:02 PM by Howard Bashman



"Circuit Reconsiders Darvocet Class Action": Pamela A. MacLean has this post at her "Trial Insider" blog reporting on an order granting rehearing en banc that the U.S. Court of Appeals for the Ninth Circuit issued today.

The original ruling of a divided three-judge Ninth Circuit panel in the case can be accessed here.
Posted at 02:30 PM by Howard Bashman



"Kagan Says Her Path to Supreme Court Was Made Smoother by Ginsburg's": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 12:34 PM by Howard Bashman


"Suit: Gay parents want on birth certificates." The Cincinnati Enquirer has this news update. The newspaper has posted at this link the complaint filed today in federal court initiating suit.

And in other coverage, The Associated Press reports that "Couples sue to force Ohio's hand on gay marriage."
Posted at 12:33 PM by Howard Bashman



"Ciavarella looks to high court decision; U.S. Supreme Court might rule by June": This article appears today in The Times Leader of Wilkes-Barre, Pennsylvania.
Posted at 07:09 AM by Howard Bashman


"Rules in flux on police use of GPS tracking": The Columbus (Ohio) Dispatch has this report today.
Posted at 07:06 AM by Howard Bashman


Sunday, February 9, 2014

"Bill Keller, Former Editor of The Times, Is Leaving for News Nonprofit": In Monday's edition of The New York Times, Ravi Somaiya will have an article that begins, "Bill Keller, a columnist at The New York Times and its former executive editor, will leave the paper to become editor in chief of The Marshall Project, a nonprofit journalism start-up focused on the American criminal justice system."
Posted at 08:51 PM by Howard Bashman


"Under the U.S. Supreme Court: Deciding how government prays." Michael Kirkland of UPI has this report.
Posted at 09:23 AM by Howard Bashman


Saturday, February 8, 2014

"Nebraska Supreme Court ruling could affect 27 teen murder cases": This article appears today in The Omaha World-Herald.

And The Lincoln Journal Star reports that "Nebraska high court vacates life sentences of 3 men."

Yesterday, the Supreme Court of Nebraska issued three decisions applying the U.S. Supreme Court's 2012 ruling in Miller v. Alabama, and you can access those decisions here, here, and here.
Posted at 01:28 PM by Howard Bashman



"The Supreme Court probably won't take on net neutrality. Here's why." Brian Fung has this entry today at "The Switch" blog of The Washington Post.
Posted at 01:14 PM by Howard Bashman


No more Justice Brennans? The Helena (Mont.) Independent Record reports today that "Brennan seeks Supreme Court seat."
Posted at 01:12 PM by Howard Bashman


"'Aid in Dying' Movement Takes Hold in Some States": Erik Eckholm has this front page article today in The New York Times.
Posted at 01:06 PM by Howard Bashman


"Diocese records stay secret; U.S. appeals court denies access to Albany sex files": This front page article appears today in The Times Union of Albany, New York.

My earlier coverage of yesterday's Second Circuit ruling appears at this link.
Posted at 01:03 PM by Howard Bashman



Friday, February 7, 2014

"DA responds to former state Supreme Court Justice's conviction appeal": Adam Brandolph of The Pittsburgh Tribune-Review has a news update that begins, "The Allegheny County District Attorney's Office on Friday responded to former state Supreme Court Justice Joan Orie Melvin's claims that prosecutors and a judge mishandled of her trial on public corruption charges last year."
Posted at 10:04 PM by Howard Bashman


"High Court Asked to Review California Gay-Conversion Law": Bloomberg News has this report. You can view the petition for writ of certiorari at this link.
Posted at 09:08 PM by Howard Bashman


"Seattle judge will join super-secret spy court": Michael Doyle of McClatchy Washington Bureau has an article that begins, "A Washington state-based federal appellate judge who once represented the Seattle Mariners baseball team has now joined the roster of one of the nation's most unique and secretive courts."

At Politico.com, Tal Kopan has a blog post titled "Roberts names 2 new FISA court judges."

And Michael McGough of The Los Angeles Times has an essay titled "Is Chief Justice John Roberts 'unpacking' the FISA courts?"
Posted at 09:03 PM by Howard Bashman



"Attorney general says North Carolina will appeal abortion ultrasound ruling": The News & Observer of Raleigh, North Carolina has this update.
Posted at 07:42 PM by Howard Bashman


"A Missing Argument on Contraceptives": Yesterday's edition of The New York Times contained an editorial that begins, "One of the most anticipated showdowns of the Supreme Court's current term will take place March 25, when the justices are scheduled to hear two cases brought by secular, for-profit corporations whose owners want an exemption, based on their religious beliefs, from the requirement that employers' health plans cover the full range of contraceptive services without a co-payment."
Posted at 07:38 PM by Howard Bashman


Programming note: Due to a meeting out of the office this afternoon with co-counsel in two cases I am working on, additional posts will appear here this evening.
Posted at 12:48 PM by Howard Bashman


"Diocese fights judge's ruling; Rape victim of Albany priest seeks 40 years of clergy abuse files": This article appeared last month in The Times Union of Albany, New York.

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit issued a decision granting the petition for writ of mandamus filed by the Roman Catholic Diocese of Albany and ordering the case filed in Vermont federal court dismissed for lack of personal jurisdiction.
Posted at 12:45 PM by Howard Bashman



"Why a Railroad Merger May Get the Supreme Court to Rule on NSA Spying": David Kravets has this post today at Wired.com's "Threat Level" blog.
Posted at 12:30 PM by Howard Bashman


In "How Appealing" power outage-related news from Montgomery County, Pennsylvania: Yesterday ended up delivering good news on the power outage front, as power at home was restored mid-afternoon, and power at work was restored at some point last night.

For those who are still not as fortunate, I hope that today will bring good news.
Posted at 10:54 AM by Howard Bashman



"ACLU fights Easton Area School District's 'boobies' appeal; School district's bracelets case doesn't merit top court's review, group says": Peter Hall has this article today in The Morning Call of Allentown, Pennsylvania.
Posted at 10:52 AM by Howard Bashman


"America Is Terrible at Killing People Legally: Even if you support the death penalty, you should be outraged." Andrew Cohen has this essay online today at Politico Magazine.
Posted at 10:50 AM by Howard Bashman


"The Homogeneous Federal Bench": This editorial appears today in The New York Times.
Posted at 10:48 AM by Howard Bashman


Thursday, February 6, 2014

"Motion Is Filed to Silence Prosecutor in Sept. 11 Case": Charlie Savage will have this article in Friday's edition of The New York Times.
Posted at 11:00 PM by Howard Bashman


"L.A. County faces suit over adding religious cross to seal; Religious leaders and the ACLU have filed a suit against L.A. County after the Board of Supervisors voted to add a cross to the county seal": This article will appear in Friday's edition of The Los Angeles Times.
Posted at 10:50 PM by Howard Bashman


"Catch-22 Could Ensnare Chevron Lawyers Fighting Ecuador Verdict": Adam Klasfeld of Courthouse News Service has this report today.
Posted at 10:34 PM by Howard Bashman


"Legal Lions Boies and Olson Set Back Gay Marriage": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 10:32 PM by Howard Bashman


"Toal wins historic duel for SC chief justice post": This front page article appears today in The State of Columbia, South Carolina.
Posted at 10:28 PM by Howard Bashman


"Proposal would bar California judges from Scout participation": Bob Egelko of The San Francisco Chronicle has a news update that begins, "The state Supreme Court's ethics advisory committee wants the court to prohibit California judges from membership in the Boy Scouts because the 2.7-million-member youth organization bars gays and lesbians from becoming troop leaders."

You can view the "Proposed Amendments to Canon 2C of the Code of Judicial Ethics" at this link.
Posted at 05:30 PM by Howard Bashman



"Big guns roll out to defend securities class actions as SCOTUS amici": Alison Frankel's "On the Case" from Thomson Reuters News & Insight today has this report.
Posted at 04:56 PM by Howard Bashman


"Silence Inc.: What side has corporate America taken in the Hobby Lobby challenge?" David H. Gans has this jurisprudence essay online at Slate.
Posted at 04:44 PM by Howard Bashman


"Closed caption win for CNN in lawsuit": In today's edition of The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal appeals court set aside a ruling Wednesday that cleared the way for a civil rights suit against CNN for refusing to provide closed captioning for the deaf and hard-of-hearing in California on the thousands of news video clips it posts on its website."

At the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "CNN Gets First Amendment Victory in Video Captioning Dispute; The 9th Circuit gives the cable news network relief from one discrimination claim but sets up a future showdown over the issue of whether websites are 'places of public accommodation.'"

At her "Trial Insider" blog, Pamela A. MacLean has a post titled "CNN's Partial Victory in Closed Caption Fight."

Kenneth Ofgang of Metropolitan News-Enterprise reports that "Ninth Circuit Panel Throws Out Part of Suit Against CNN Over Lack of Closed-Captioning."

And Courthouse News Service reports that "CNN Closed Captioning Fight Unravels in the 9th."

Yesterday, the U.S. Court of Appeals for the Ninth Circuit issued an opinion and order in this matter.
Posted at 02:58 PM by Howard Bashman



With the consent of all parties, the Ninth Circuit has posted online the federal government's opening brief in In re: National Security Letter, Under Seal v. Holder. You can access the federal government's Brief for Appellants at this link.
Posted at 02:48 PM by Howard Bashman


The Commissioner of Baseball opposes the City of San Jose's motion to expedite briefing of appeal challenging the legality of baseball's federal antitrust exemption: You can access Major League Baseball's filing yesterday in the U.S. Court of Appeals for the Ninth Circuit at this link.

My earlier post linking to San Jose's motion to expedite can be accessed here.
Posted at 02:38 PM by Howard Bashman



"No clearly established principle of constitutional law -- not then and certainly not now -- forbids a juvenile detention center from implementing a generally applicable, suspicionless strip-search policy upon intake into the facility." So ruled a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit in a decision issued yesterday.
Posted at 02:24 PM by Howard Bashman


"Ala. chief justice jumps into gay marriage fight": The Associated Press has a report that begins, "Alabama's chief justice, known on the national stage for fighting to display the Ten Commandments in a judicial building, is jumping into the gay marriage debate with his push for a states-led constitutional amendment defining the institution as a union between one man and one woman."

And in somewhat related news from Virginia, The AP reports that "Judge in gay marriage case has diverse resume."
Posted at 01:58 PM by Howard Bashman



"Senator says attorney in gay marriage case has conflict of interest; Dabakis says Schaerr has conflict of interest, played a role in killing bill against bias": Robert Gehrke has this front page article today in The Salt Lake Tribune.
Posted at 01:56 PM by Howard Bashman


"Why Some States Still Fight the Exoneration of the Innocent: Record numbers of wrongful convictions were overturned across the nation last year; But in some places, the trend seems to moving in the opposite direction." Andrew Cohen has this essay online at The Atlantic.
Posted at 01:50 PM by Howard Bashman


"On Monday, February 3, 2014 Justice Elena Kagan, Supreme Court of the United States, delivered the Annual Justice Ruth Bader Ginsburg Distinguished Lecture on Women and the Law": The New York City Bar Association has posted this video of the lecture online at YouTube.
Posted at 01:46 PM by Howard Bashman


"Constitution Check: What does it mean that there is a right to 'bear' guns?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 01:44 PM by Howard Bashman


"Federal appeals court today rules against AEA, allows Alabama to end payroll deductions for dues": The Huntsville Times had this report yesterday.

And yesterday at the "School Law" blog of Education Week, Mark Walsh had a post titled "Court Reinstates Alabama Ban on Teacher Payroll Deductions for Politics."

You can access yesterday's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 01:38 PM by Howard Bashman



"Justice Sotomayor charms audience in Pittsburgh": This article appeared yesterday in The Pittsburgh Post-Gazette.

And The Pitt News reported yesterday that "Justice Sonia Sotomayor inspires students with lecture."
Posted at 01:14 PM by Howard Bashman



"The Stories We Tell": Linda Greenhouse has this essay online today at The New York Times.
Posted at 12:42 PM by Howard Bashman


"Feds fight Notre Dame on contraception rule reprieve": Yesterday at Politico.com, Jennifer Haberkorn had a blog post that begins, "The Obama administration is fighting the University of Notre Dame's request for a reprieve from complying with Obamacare's contraception coverage requirements."

The blog post contains this link to the federal government's filing.
Posted at 12:04 PM by Howard Bashman



"President Obama Announces Intent to Nominate Cheryl Ann Krause to Serve on the United States Court of Appeals": The White House issued this news release yesterday. You can access the nominee's law firm bio at this link.

U.S. Senator Pat Toomey (R-PA) yesterday issued a news release titled "Casey, Toomey Applaud Nomination of Cheryl Ann Krause to U.S. Court of Appeals for the Third Circuit."

In news coverage, Jeff Blumenthal of Philadelphia Business Journal has a report headlined "Obama nominates Philadelphia lawyer for federal judge."

And The Daily Pennsylvanian reports that "Obama taps law lecturer for federal court; Cheryl Ann Krause has lectured at Penn Law since 2003."
Posted at 11:57 AM by Howard Bashman



In "How Appealing" power outage-related news from Montgomery County, Pennsylvania: As philly.com reports, "The ice storm that struck the region Wednesday knocked out power to more than 600,000 PECO customers, the largest winter power outage in the utility's history."

Still no power at home or work, but a nearby Wegmans is currently providing power and WiFi access. More coverage of the local power outages can be accessed here.
Posted at 11:52 AM by Howard Bashman



Tuesday, February 4, 2014

"Plan to shrink Washington Supreme Court size to be heard by Senate": The Spokesman-Review of Spokane, Washington has this report.
Posted at 11:24 PM by Howard Bashman


"Showdown time in S.C. Supreme Court chief justice race: Toal or Pleicones?" The State of Columbia, South Carolina has this news update.
Posted at 11:23 PM by Howard Bashman


"U.S. Supreme Court Associate Justice Antonin Scalia visits UH law school": The Ka Leo, the student newspaper of the University of Hawaii at Manoa, has this report.

And Honolulu City Beat has a report headlined "U.S. Supreme Court Justice Scalia's Surprising Advice for UH Law Students."
Posted at 11:22 PM by Howard Bashman



"Religious groups to back Obamacare contraceptive mandate; Face dilemma over freedom, government rules on women": Wednesday's edition of The Washington Times will contain this article.
Posted at 11:18 PM by Howard Bashman


"Justice Kagan and the Notorious RBG": This post appears today at the "44th Street Blog" of the New York City Bar.
Posted at 10:57 PM by Howard Bashman


"Appeals court upholds NC terrorism convictions": The Associated Press has this report on a lengthy decision that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 06:15 PM by Howard Bashman


"Justice Sonia Sotomayor '79 Delivers the James A. Thomas Lecture at Yale Law School": Yale Law School posted online this news release today.
Posted at 06:12 PM by Howard Bashman


"Veteran blocked from protesting on Monument Circle wins federal appeal": Tim Evans of The Indianapolis Star has a news update that begins, "A veteran who was threatened with arrest because he did not have a permit to conduct a protest on Monument Circle has won a federal appeal that could allow other protesters to use the site without a permit."

You can access today's ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
Posted at 03:47 PM by Howard Bashman



"Appeals court may restrict Apple monitor's duties": The Associated Press has this report.

Reuters reports that "Apple, U.S. clash in court over e-books antitrust monitor."

And Bloomberg News reports that "Apple Seeks to Halt E-Books Monitor Before Appeals Panel."
Posted at 02:31 PM by Howard Bashman



"Feds: Ex-Justice Hathaway shouldn't be released early from prison." The Detroit News has this report.
Posted at 02:28 PM by Howard Bashman


"Federal judge pledges quick ruling on Virginia's same-sex marriage ban": Robert Barnes of The Washington Post has this news update.

In today's newspaper, Barnes has a front page article headlined "Race on same-sex marriage cases runs through Virginia."

Update: In other coverage of today's hearing, Richard Wolf of USA Today has an article headlined "Legal fight for gay marriage reaches Virginia court; The case is but one of 47 same-sex marriage lawsuits pending in 24 states, one or more of which could reach the Supreme Court in the near future."

The Associated Press reports that "Case challenging gay-marriage ban heard in Va."

And Bloomberg News has an updated report headlined "Virginia Gay-Marriage Ban Faces Boies-Olson Legal Team."
Posted at 01:12 PM by Howard Bashman



"What Drives Volokh?" Today at his "Simple Justice" blog, Scott H. Greenfield has this post about a petition for panel rehearing that the prevailing party filed recently in the Obsidian Finance Group, LLC v. Cox appeal pending in the U.S. Court of Appeals for the Ninth Circuit. My initial posts reporting on the Ninth Circuit's ruling in that appeal can be accessed here and here.

An update to Scott's post notes that yesterday attorney Marc J. Randazza filed a motion for leave to file an amicus brief that in substance opposes the relief sought in the petition for panel rehearing.

Update: Today at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Journalist Seeks Retraction from Court" reporting on the petition for panel rehearing but omitting any mention of the proposed Randazza amicus brief.
Posted at 10:48 AM by Howard Bashman



"Sotomayor recounts journey": This article appears today in The Yale Daily News.
Posted at 10:34 AM by Howard Bashman


"Utah files first arguments in same-sex marriage appeal": The Deseret News has this update.

Brooke Adams of The Salt Lake Tribune has a news update headlined "State makes it all about kids in brief against same-sex marriage."

You can view the brief for appellants filed late yesterday in the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 10:22 AM by Howard Bashman



"Guantanamo detainee cites POW stipulation in bid for freedom; Fawzi Odah of Kuwait, whose father worked with U.S. troops in the 1991 Gulf War, contends in a lawsuit he should be freed when America withdraws from Afghanistan": This article appears today in The Los Angeles Times.
Posted at 08:24 AM by Howard Bashman


"The Constitution Outside the Courts: President Obama." Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 08:14 AM by Howard Bashman


"Appeals prolong ordeal for murder victim's family": This front page article appears today in The Philadelphia Inquirer.
Posted at 08:00 AM by Howard Bashman


"Olson and Boies, Legal Duo, Seek Role in 2 Cases on Gay Marriage": Jeremy W. Peters has this article today in The New York Times,

Meanwhile, in news from Virginia, Bloomberg News reports that "Virginia Gay-Marriage Ban Faces Boies-Olson Legal Team."

The Virginian-Pilot of Norfolk today contains a front page article headlined "Va. House OKs measure to defend gay marriage ban." And last Thursday's newspaper contained an article headlined "Norfolk couple is at center of gay marriage legal fight."

The Richmond Times-Dispatch reported yesterday that "Landmark same-sex marriage case will be heard Tuesday; Hearing on ban of same-sex unions set for Tuesday in Norfolk."

The Associated Press reports that "Court hearing set over gay marriage ban in Va."

And Reuters reports that "U.S. court to hear lawsuit against Virginia gay marriage ban."
Posted at 07:54 AM by Howard Bashman



"The Case for Socialized Law: Inequality has bent American justice; Here's a radical way to fix it." Noam Scheiber has this article in the February 17, 2014 issue of The New Republic.
Posted at 07:50 AM by Howard Bashman


Monday, February 3, 2014

"Government spying challenge on the way": Lyle Denniston has this post at "SCOTUSblog."
Posted at 11:48 PM by Howard Bashman


"Justice Kagan celebrates Justice Ginsburg": The Associated Press has this report.
Posted at 11:45 PM by Howard Bashman


"Perceptions of U.S. Supreme Court differ from reality, Justice Samuel Alito says in West Palm Beach; Alito, 63, was nominated to nation's highest court by President George W. Bush in 2005": The South Florida Sun-Sentinel has this report.
Posted at 10:58 PM by Howard Bashman


"9th Circuit puts hold on ban of sexual-orientation therapy": Maura Dolan of The Los Angeles Times has a news update that begins, "A federal appeals court agreed Monday to put on hold a ruling in favor of a California law that bans licensed therapists from trying to change a minor's sexual orientation."

You can access today's order of the U.S. Court of Appeals for the Ninth Circuit granting the motion to stay the mandate at this link.
Posted at 09:02 PM by Howard Bashman



"Polygamy bill held up pending Utah legal case": The Associated Press has this report.
Posted at 08:46 PM by Howard Bashman


"Court rejects intervention by 3 Utah couples in gay marriage appeal": Brooke Adams of The Salt Lake Tribune has this news update.
Posted at 08:45 PM by Howard Bashman


"Scalia says internment ruling could happen again": The Associated Press has a report that begins, "U.S. Supreme Court Justice Antonin Scalia told law students at the University of Hawaii on Monday that the nation's highest court was wrong to uphold the internment of Japanese-Americans during World War II, but he wouldn't be surprised if the court issued a similar ruling during a future conflict."
Posted at 08:32 PM by Howard Bashman


"'This Court respectfully requests that the instant appeal be denied'": Eugene Volokh has this post at "The Volokh Conspiracy" about an interesting aspect of Pennsylvania state appellate practice that involves the trial court's issuing an opinion justifying a decision being appealed after the appeal has been taken.
Posted at 07:38 PM by Howard Bashman


"So What If Corporations Aren't People?" Today at Forbes.com, Ilya Shapiro has a post that begins, "Obamacare, both as written and as executed, violates the Constitution in so many ways."
Posted at 07:12 PM by Howard Bashman


"ACLU lawsuit challenges Wisconsin same-sex marriage ban": Patrick Marley of The Milwaukee Journal Sentinel has this news update. The newspaper has posted at this link a copy of the complaint initiating suit.

In other coverage, The Wisconsin State Journal has a news update headlined "Lawsuit challenges legality of Wisconsin's same-sex marriage ban."

And Bloomberg News reports that "Wisconsin's Criminal Gay Marriage Ban Challenged by ACLU."
Posted at 07:09 PM by Howard Bashman



"Klayman asks Supreme Court to hear NSA case": Josh Gerstein of Politico.com has this blog post.
Posted at 07:02 PM by Howard Bashman


"Justice Sotomayor describes navigating new worlds": The Associated Press has a report that begins, "Supreme Court Justice Sonia Sotomayor, who grew up poor in New York City, described Monday how she navigated new worlds of Ivy League universities and the nation's highest court."

And The New Haven Register has a news update headlined "Supreme Court Justice Sonia Sotomayor returns to Yale to give lectures." The newspaper has posted related photos at this link.
Posted at 05:40 PM by Howard Bashman



In posts of interest at "The BLT: The Blog of Legal Times." Tony Mauro has a post titled "Civil Liberties Group Backs Supreme Court Protester."

And Todd Ruger has a post titled "Senate Unlikely to End Filibusters For Supreme Court, Professor Says."
Posted at 04:12 PM by Howard Bashman



"Police Immunity Reopened in Handcuffing 11-Year-Old": Pamela A. MacLean has this post at her "Trial Insider" blog reporting on an order granting rehearing en banc that the U.S. Court of Appeals for the Ninth Circuit issued today. You can access at this link the earlier ruling of a partially divided three-judge Ninth Circuit panel in the case.
Posted at 02:24 PM by Howard Bashman


Senior Federal Circuit judge dissents from his inability to dissent from the denial of rehearing en banc: Senior Federal Circuit Judge S. Jay Plager today issued a dissent from the denial of panel rehearing containing the following footnote:
The Chief Judge advises that the rule in this circuit, recently pronounced by a majority of the judges of the court in regular active service, is that judges in senior status, of which I am one, are prohibited from joining another judge's dissent from a denial of en banc, or authoring their own dissent expressing on record a criticism of the judges in regular active service for the failure to take a case en banc. This apparently is the rule even in this case, though as a member of the original panel I am expressly authorized by law to have sat on the en banc panel if the court had agreed to have one, see 28 U.S.C. sec. 46(c), so that the failure to take the case en banc has denied me an opportunity to try to correct what I consider to be a miscarriage of justice. However, my compliance with this rule, prohibiting circuit judges, because they are in senior status, from expressing an opinion on this aspect of the decisional work of the court, should not be taken as agreement with this rule, its purpose, effect, or for that matter its constitutionality.
Back in March 2008, I had a post titled "Can you dissent from the denial of rehearing en banc if you're a senior status circuit judge who thus can't vote in favor of rehearing en banc?" For what it's worth, a rule prohibiting federal appellate judges from dissenting from something that they are incapable of voting in favor of does appear to make quite a bit of sense. Any readers wishing to express their own dissenting views are invited to send along those views via email for possible publication.
Posted at 02:15 PM by Howard Bashman


"Justice Alito: Court can't worry about popularity." The Associated Press has this report.
Posted at 01:32 PM by Howard Bashman


"Supreme Court OT 2013 Mid-Term Preview": You can access online at this link the video webcast of last Wednesday's Georgetown Law event. Last Friday, the law school posted a report about the event titled "Supreme Court Institute Hosts Mid-Term Preview."
Posted at 11:03 AM by Howard Bashman


"Was former teacher mandated to report student-coach sexual relationship?" Today at the "Get Schooled" blog of The Atlanta Journal-Constitution, Maureen Downey has a post that begins, "The state Supreme Court will hear arguments tomorrow on a case out of Cherokee: A Cherokee County high school teacher is appealing a trial court judge's refusal to drop criminal charges against her for failing to report that the school wrestling coach was having sex with a 16-year-old student."
Posted at 10:38 AM by Howard Bashman


"The Ninth Circuit Holds -- Correctly -- That a Blogger Has the Same Defamation Protection as a Journalist": Julie Hilden has this essay online today at Justia's Verdict.
Posted at 10:35 AM by Howard Bashman


"Top court to decide on release of records on patient harm": Bob Egelko has this article today in The San Francisco Chronicle.
Posted at 10:32 AM by Howard Bashman


"NSW Supreme Court Chief Justice Tom Bathurst urges debate on mandatory sentencing": The Sydney Morning Herald has this report.
Posted at 10:20 AM by Howard Bashman


"Florida Chief Justice Ricky Polston has a case of reefer madness": Columnist Marc Caputo has this essay in The Miami Herald.

Last Monday's 4-to-3 ruling of the Supreme Court of Florida, which contains the dissent that is the subject of Captuo's column, can be accessed here.
Posted at 10:18 AM by Howard Bashman



"Rohm and Haas appeals brain cancer ruling to Pa. Supreme Court; Appellate court grants plaintiff a new trial against Rohm and Haas": This front page article appears today in The Northwest Herald of Crystal Lake, Illinois.
Posted at 10:12 AM by Howard Bashman


"Indiana Supreme Court take up home school discrimination case": The Indianapolis Star has this report on a case scheduled for oral argument today in the Supreme Court of Indiana.
Posted at 10:09 AM by Howard Bashman


"Michigan Supreme Court hears case of Saginaw grandparents fighting to see grandchildren": The Saginaw News has this report.
Posted at 10:06 AM by Howard Bashman


"Supreme Court Justice Alito speaking in Fla." The Associated Press has this report. Justice Alito probably would not rather be in the Philadelphia area today, where we are in the midst of picking up another four to eight inches of snow today.

And speaking of U.S. Supreme Court Justices in tropical locations today, The Associated Press reports that "Justice Scalia to lecture at Univ. of Hawaii."

Opting for a non-tropical destination, The New Haven Register reports that "Justice Sotomayor returns to Yale on Monday."
Posted at 10:02 AM by Howard Bashman



"'Stunning' shift on gay marriage is changing political landscape": Sean Cockerham of McClatchy Washington Bureau has this report today.
Posted at 09:57 AM by Howard Bashman


Sunday, February 2, 2014

"Abortions Declining in U.S., Study Finds": Erik Eckholm will have this article in Monday's edition of The New York Times.

The Washington Post has an article headlined "Study: Abortion rate at lowest point since 1973."

The Los Angeles Times reports that "U.S. abortion rate in 2011 lowest since 1973, study says."

The Associated Press has an article headlined "Report: US abortion rate at lowest since 1973."

And Reuters has a report headlined "U.S. abortion rate hits lowest level since 1973: study."
Posted at 10:12 PM by Howard Bashman



"Marriage shift has Kansas right scrambling; Cultural shift was already underway in 2005": John Hanna of The Associated Press has a news analysis that begins, "Religious conservatives in Kansas fear that the legal wall they built against gay marriage will soon tumble, and they are looking for legislators to help them dig a new line of defense in resisting a growing American tolerance of same-sex relationships."
Posted at 10:06 PM by Howard Bashman


"Georgia claims Florida acting prematurely in water dispute; Lawsuit is 'wrong party ... wrong time,' state claims in Supreme Court document": The Times of Gainesville, Georgia has this report.
Posted at 10:04 PM by Howard Bashman


"Court to review religious law once hailed by Democrats but now used to battle Obamacare": Robert Barnes will have this new installment of his "The High Court" column in Monday's edition of The Washington Post.
Posted at 10:00 PM by Howard Bashman


"Obama's executive actions rejuvenate legal battles; A look at the balance of power in the battle over presidential powers": Richard Wolf will have this article in Monday's edition of USA Today.
Posted at 08:17 PM by Howard Bashman


"The U.S. hypocrisy over Russia's anti-gay laws": Law professors Ian Ayres and William Eskridge have this op-ed today in The Washington Post.
Posted at 01:18 PM by Howard Bashman


"Boston Marathon bombings: The death penalty still isn't appropriate; Despite the emotional devastation, the government is wrong to seek that punishment in the trial of Dzhokhar Tsarnaev." This editorial appears today in The Los Angeles Times.
Posted at 01:16 PM by Howard Bashman


"Pending Supreme Court decision has implications for Middletown plant": Today's edition of The Dayton Daily News contains an article that begins, "To get a better idea of why a Florida energy company would propose to build a $500 million natural gas-burning power plant in Middletown, look no further than a U.S. Supreme Court decision that's due later this year."
Posted at 09:28 AM by Howard Bashman


"Toal, Pleicones release financial information in SC Supreme Court race": This front page article appears today in The State of Columbia, South Carolina.
Posted at 09:26 AM by Howard Bashman


"Diverse groups weigh in on Hobby Lobby contraceptives case; Christians, Jews, atheists, scholars, members of Congress and many others file legal briefs in contraception case before the U.S. Supreme Court": Chris Casteel has this article today in The Oklahoman.
Posted at 09:21 AM by Howard Bashman


On this date in "How Appealing" history: Exactly ten years ago today, I published this blog's "20 questions for the appellate judge" interview with Ninth Circuit Judge Stephen Reinhardt.

Also exactly ten years ago today, my solo appellate practice opened for business. Thanks to all of the clients, referring counsel, and co-counsel who have made my law firm's first ten years such a success.
Posted at 09:15 AM by Howard Bashman



"Under the U.S. Supreme Court: Hobbling the NSA." Michael Kirkland of UPI has this report.

Also today, Kirkland has an article headlined "Little Sisters jab, still no KO."
Posted at 09:06 AM by Howard Bashman



Saturday, February 1, 2014

"Obama administration won't divulge cost of Guantanamo camp, asks court to dismiss FOIA lawsuit": McClatchy Washington Bureau has this report.

You can view at this link the response that the federal government filed yesterday in the U.S. District Court for the District of Columbia.
Posted at 10:15 PM by Howard Bashman



"Georgia asks U.S. Supreme Court to reject Florida's lawsuit over river water": The Current has this report. You can view Georgia's response at this link.
Posted at 01:33 PM by Howard Bashman


"TN Supreme Court building recommended for national recognition": The Tennessean has this report.

You can view the "National Register of Historic Places Registration Form" at this link.
Posted at 01:30 PM by Howard Bashman



"Reining in the NSA: Amid splits in the federal courts over the legality of dragnet government surveillance, the Electronic Frontier Foundation wages a campaign to restrain the agency." Bill Blum has this article in the February 2014 issue of California Lawyer magazine.
Posted at 01:20 PM by Howard Bashman


"SC Supreme Court to rule on public autopsy reports": The Associated Press has this lengthy report.
Posted at 01:15 PM by Howard Bashman


"Defense in Aurora theater case pushing for Fox reporter's testimony": Today's edition of The Denver Post contains an article that begins, "Defense attorneys in the Aurora movie theater murder case plan to take their effort to subpoena a Fox News reporter all the way to the U.S. Supreme Court."

Reuters reports that "Lawyers to renew push for reporter's sources in Colorado shooting case."

And The Associated Press reports that "Holmes defense to take reporter to Supreme Court."
Posted at 01:12 PM by Howard Bashman



"Gay marriage case gains class action status; New status means more same-sex couples can assert harm from Va. ban": This front page article appears today in The Richmond Times-Dispatch.

And Reuters reports that "Judge OKs class action status in Virginia for gay marriage lawsuit."

I have posted online at this link yesterday's ruling of the U.S. District Court for the Western District of Virginia.
Posted at 01:07 PM by Howard Bashman







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