How Appealing

Monday, March 31, 2014

"Coming soon: Supreme Court ruling on Michigan's affirmative action ban in college admissions." Kellie Woodhouse of AnnArbor.com has this report today.
Posted at 10:42 PM by Howard Bashman


"Wal-Mart Wins Dismissal of Texas Women's Class Action": Back in October 2012, Margaret Cronin Fisk of Bloomberg News had a report that begins, "Wal-Mart Stores Inc., the world's largest retailer, doesn't have to face class-action gender-discrimination claims in a federal court lawsuit in Texas, a judge ruled."

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued a decision reversing the lawsuit's dismissal.
Posted at 10:14 PM by Howard Bashman



"Supreme Court Justices Give Software Patents A Pass, Zero In On Business Methods": Daniel Fisher has this post at Forbes.com.

And at "Patently-O," Dennis Crouch has a blog post titled "Unpatentable: See Bilski, Mayo, Flook, and Benson."
Posted at 08:04 PM by Howard Bashman



"Senate Confirms John B. Owens to Seat on Ninth Circuit Court of Appeals": The Public Information office of the U.S. Court of Appeals for the Ninth Circuit has issued this news release.

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Finally, Trott Seat Filled, Owens Confirmed to Circuit."

You can access today's U.S. Senate official roll call vote tally, confirming the nomination by a vote of 56-to-43, at this link. Currently, the Ninth Circuit has 28 active judges and only one vacancy.
Posted at 07:54 PM by Howard Bashman



"Observer: Panel on Utah gay marriage case 'slightly' conservative." Brooke Adams of The Salt Lake Tribune has this news update.

The article refers to my "20 questions for the appellate judge" interview with Tenth Circuit Judge Paul J. Kelly, Jr.

And in other coverage, The Deseret News has an update headlined "Appeals court assigns 3 judges to hear Utah same-sex marriage case."
Posted at 07:45 PM by Howard Bashman



"US appeals ruling to let lawyers see secret files": The Associated Press has this report on the federal government's brief for appellant filed today in the U.S. Court of Appeals for the Seventh Circuit.
Posted at 06:20 PM by Howard Bashman


"Affirmative action non-action still causing waves in Sacramento; Senate measure on affirmative action ban in public education was shelved, but friction among Democrats over the fallout lingers": This front page article appears today in The Los Angeles Times.
Posted at 05:06 PM by Howard Bashman


"Supreme Court Seems Wary of a Software Patent Case": Adam Liptak will have this article in Tuesday's edition of The New York Times.
Posted at 05:02 PM by Howard Bashman


Divided 11-judge en banc Ninth Circuit panel reinstates excessive use of force claim against two Anaheim police officers who used deadly force against the driver of a minivan: You can access today's ruling at this link.

In earlier coverage of the original divided three-judge panel's ruling, Maura Dolan of The Los Angeles Times had an article headlined "Federal court rules Anaheim officers didn't use excessive force; A divided U.S. 9th Circuit Court of Appeals rules that the two officers didn't use excessive force in a 2009 incident in which a suspect was fatally shot."

Circuit Judge Richard R. Clifton, who dissented from the three-judge panel's ruling, wrote the majority opinion for the en banc panel.

Update: In other coverage, Courthouse News Service reports that "Lethal-Force Case Divides En Banc 9th Circuit."
Posted at 02:08 PM by Howard Bashman



"Supreme Court could limit software patents": The Associated Press has this report.

And Lawrence Hurley of Reuters reports that "Supreme Court considers patent protections for software."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Alice Corp. v. CLS Bank Int'l, No. 13-298.
Posted at 12:50 PM by Howard Bashman



"Health Caring: Obamacare and the poor." Jeffrey Toobin has this Comment in the Talk of the Town section of the April 7, 2014 issue of The New Yorker.
Posted at 09:47 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 granted review in one new case.

In early news coverage, The Associated Press reports that "Supreme Court takes up drug company dispute" and "Court rejects new cases on birth control coverage."

Lawrence Hurley of Reuters reports that "U.S. justices agree to hear Teva's Copaxone appeal"; "U.S. top court declines to hear new contraception cases"; and "U.S. top court declines to hear patent case on glaucoma drug."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court to rule on patent appeals."
Posted at 09:34 AM by Howard Bashman



"U.S. top court considers patent protections for software": Lawrence Hurley of Reuters has this report.

And Greg Stohr and Susan Decker of Bloomberg News have a report headlined "Edison Echoed as U.S. Court Looks at Software Patents."
Posted at 08:22 AM by Howard Bashman



"The Senate's Discourtesy to Judges": This editorial appears today in The New York Times.
Posted at 08:20 AM by Howard Bashman


Sunday, March 30, 2014

"Missouri is among the states where hope is rising on death row": Tony Rizzo of The Kansas City Star has this report.
Posted at 11:00 PM by Howard Bashman


"Supreme Court Steps Into Software-Patent Debate; Microsoft, Google Weigh In on Issue That Has Flummoxed Federal Judiciary": Ashby Jones will have this article in Monday's edition of The Wall Street Journal.

You can freely access the full text of the article via Google.
Posted at 09:22 PM by Howard Bashman



"Supreme Court Decision Could Mean More Ad Lawsuits; High Court Weighs in on Lanham Act": Advertising Age has this report.
Posted at 02:25 PM by Howard Bashman


"My Reverse-Cyrano Moment Wooing the Supreme Court": P.J. O'Rourke has this essay online today at The Daily Beast.
Posted at 02:22 PM by Howard Bashman


"NCAA Says Northwestern Union Case Will Wind Up in Supreme Court": Bloomberg News has a report that begins, "The National Labor Relations Board ruling allowing Northwestern University's football team to become the first college sports union will eventually be decided by the U.S. Supreme Court, NCAA President Mark Emmert said."
Posted at 02:20 PM by Howard Bashman


"Fun With Corporate Conscience Clauses": Brian McFadden has this cartoon in the Sunday Review section of today's edition of The New York Times.
Posted at 02:08 PM by Howard Bashman


"Software patents worth billions come before high court": Richard Wolf of USA Today has this report.

And today's edition of The New York Times contains an editorial titled "Abstract Ideas Don't Deserve Patents."
Posted at 02:05 PM by Howard Bashman



"Dignity Is a Constitutional Principle": In the Sunday Review section of today's edition of The New York Times, law professor Bruce Ackerman has an essay that begins, "With gay marriage litigation moving forward at warp speed -- federal judges have struck down five state bans on same-sex marriage since December -- we may soon witness one of the worst shouting matches in Supreme Court history."
Posted at 09:52 AM by Howard Bashman


Just like calling balls and strikes: In the Sunday Review section of today's edition of The New York Times, Brayden King and Jerry Kim have an essay titled "What Umpires Get Wrong."
Posted at 09:48 AM by Howard Bashman


"Death Row Inmates Challenging Lethal Injections": Kenneth Jost has this post today at his blog, "Jost On Justice."
Posted at 09:38 AM by Howard Bashman


"The inside story of MIT and Aaron Swartz: More than a year after Swartz killed himself rather than face prosecution, questions about MIT's handling of the hacking case persist." Marcella Bombardieri has this lengthy front page article today in The Boston Globe.
Posted at 09:32 AM by Howard Bashman


Saturday, March 29, 2014

"Backers of same-sex marriage ban file briefs in appeal": The Richmond Times-Dispatch has this report.

You can view the brief for appellant filed yesterday in the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 10:09 PM by Howard Bashman



"Slowing the Patent Trolls": In today's edition of The New York Times, law professor Robin Feldman has an op-ed that begins, "On Monday the Supreme Court is scheduled to hear arguments in perhaps the most important intellectual property case in a decade: Alice v. CLS Bank."
Posted at 08:10 PM by Howard Bashman


"New York town awaits ruling on moment of prayer": The Associated Press has this report.
Posted at 08:02 PM by Howard Bashman


In Garcia v. Google Inc., Google and YouTube have filed their response in opposition to Garcia's emergency motion for contempt: You can access the companies' response at this link.

This past Wednesday, a three-judge Ninth Circuit panel ordered Google and YouTube to file a response to the contempt motion within 72 hours of that order.

Because the 72-hour period would expire today, on a Saturday, I took a look at Federal Rule of Appellate Procedure 26(a)(2) (a subsection of the rule governing the computation of time titled "Period Stated in Hours" applicable both to the appellate rules and to appellate court orders) to confirm whether the actual deadline for the response would be today (literally 72 hours after the entry of the Ninth Circuit's order) or whether the deadline would be extended until Monday.

Rule 26(a)(2) states (paragraph breaks omitted): "Period Stated in Hours. When the period is stated in hours: (A) begin counting immediately on the occurrence of the event that triggers the period; (B) count every hour, including hours during intermediate Saturdays, Sundays and legal holidays; and (C) if the period would end on a Saturday, Sunday, or legal holiday, the period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday."

As I read the text of Rule 26(a)(2), if the 72-hour period expired at 2 p.m. today, Google and YouTube would have had until 2 p.m. on Monday, March 31, 2014 to timely file their response. That would appear to be the plain meaning of the text of Rule 26(a)(2), and nothing in the Ninth Circuit's order directing a response made Rule 26(a)(2) inapplicable to computing the time afforded under the order within which to file a response.

Nevertheless, erring on the side of caution, Google and YouTube decided to file their response before the 72-hour period expired, even though Rule 26(a)(2) appears to have allowed them until some point on Monday to file a timely response.
Posted at 04:02 PM by Howard Bashman



"What's the Best Way to Execute Someone? Doctors say lethal injection is often botched and horrific." Matt McCarthy has this essay online at Slate.
Posted at 02:00 PM by Howard Bashman


"Justice Department won't prosecute Boyce Martin": The Louisville Courier-Journal has a news update that begins, "A spokeswoman for retired U.S. Court of Appeals Judge Boyce F. Martin Jr. says the Justice Department has completed an investigation of his travel expenses and won't be prosecuting him."
Posted at 01:17 PM by Howard Bashman


"U.S. bypasses Korematsu plea": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 11:40 AM by Howard Bashman


Friday, March 28, 2014

"In new case, Supreme Court revisits the question of software patents": Timothy B. Lee has this report online at The Washington Post.
Posted at 11:33 PM by Howard Bashman


"Same-sex divorce appeal could reach Nebraska Supreme Court": The Omaha World-Herald has a news update that begins, "A Raymond, Neb., woman's bid to divorce her wife is raising a challenge to Nebraska's constitutional amendment banning same-sex marriage."
Posted at 11:32 PM by Howard Bashman


"Fifth Circuit Paves Way for Supreme Court Showdown on Chemical Abortion Regulations": Mailee R. Smith has this post today at National Review Online's "The Corner" blog.
Posted at 11:30 PM by Howard Bashman


"Despite Supreme Court victory, wrecked houseboat's owner still fighting": The South Florida Sun Sentinel has a news update that begins, "Despite his huge win at the nation's highest court over a year ago, Fane Lozman says he has little to show for it."
Posted at 11:27 PM by Howard Bashman


"Hobby Lobby provided emergency contraceptives before they opposed them": Brian Woodward has this article at Red Dirt Report.
Posted at 10:18 PM by Howard Bashman


"Facebook rapper seeks Supreme Court appeal in threats case": Peter Hall will have this article in Saturday's edition of The Morning Call of Allentown, Pennsylvania.
Posted at 10:15 PM by Howard Bashman


"State's high court halts release of execution drug information": The Houston Chronicle has this news update.

And The Associated Press reports that "Texas Supreme Court halts release of drug supplier."

You can access today's stay order of the Supreme Court of Texas at this link.
Posted at 08:57 PM by Howard Bashman



"Voter rights groups appeal documentation ruling": The Associated Press has a report that begins, "Voting rights groups filed an appeal Friday of a judge's order that federal election officials must help Kansas and Arizona enforce state laws requiring new voters to provide documentation proving their U.S. citizenship."
Posted at 08:46 PM by Howard Bashman


"Supreme Court Preview: Just Add Computer? SCOTUS Processes 'Computer-Implemented' Inventions." Tom P. Taylor of Bloomberg BNA has this blog post.
Posted at 08:44 PM by Howard Bashman


"U.S. college, athletes wanting to unionize face long battle": Amanda Becker of Reuters has this report.
Posted at 01:42 PM by Howard Bashman


"First Amendment protects Internet search results: N.Y. judge." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report on a ruling that the U.S. District Court for the Southern District of New York issued yesterday.
Posted at 01:38 PM by Howard Bashman


"Newport says it will fight group home decision; City plans to petition the U.S. Supreme Court after a lower court decided that bias was involved in the treatment of sober-living facilities": The Daily Pilot of Costa Mesa, California has this report.
Posted at 01:32 PM by Howard Bashman


"Go to the Supreme Court, win $25,000!" The Intelligencer Journal/Lancaster (Pa.) New Era has an article that begins, "The East Earl owners of Conestoga Wood Specialties Corp. on Thursday received a $25,000 Heritage Foundation prize for taking their religious liberty fight to the Supreme Court."
Posted at 01:30 PM by Howard Bashman


Access online the audio of this week's U.S. Supreme Court oral arguments: Available via this link.

And you can access directly the audio of Tuesday's oral argument in Sebelius v. Hobby Lobby Stores, Inc., No. 13-354, by clicking here.
Posted at 01:02 PM by Howard Bashman



Know your cuts of meat: Fans of this Late Show with David Letterman sketch may enjoy an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued today.

In early coverage, The Associated Press reports that "Appeals court rules in favor of meat labels."

Lawrence Hurley of Reuters reports that "Court rejects challenge to meat label rule."

And Bloomberg News reports that "Meat Groups Lose Bid to Block Country-of-Origin Labeling."
Posted at 11:11 AM by Howard Bashman



"Godless Libertarians Find Their Religion": Steven Mazie has this post at his "Praxis" blog.

And at Reason.com, Jacob Sullum has an essay titled "Free Birth Control and Unfree Photographers; Dubious rights threaten true liberty."
Posted at 11:04 AM by Howard Bashman



"Supreme Court to decide when ideas become too 'abstract' to patent; The case could make it harder to patent 'computer-implemented' business methods, including software; Google, Facebook, Macy's, and Twitter beg the Court to do so; yet IBM disagrees": Roger Parloff of Fortune has this report.
Posted at 10:58 AM by Howard Bashman


"Centuries Haven't Yet Set Bank's Jurisdiction": Tim Hull of Courthouse News Service has a report that begins, "For purposes of jurisdiction, Wells Fargo is a citizen of South Dakota, not California, the 9th Circuit ruled Thursday, lamenting that such questions remain unsettled after more than century."

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.
Posted at 10:54 AM by Howard Bashman



"Four of Five Blacks Excused from Jury Pool OK": At her "Trial Insider" blog, Pamela A. MacLean has this post reporting on the ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 08:32 AM by Howard Bashman


"Prof. Michael McConnell (Stanford) on the Hobby Lobby arguments": Eugene Volokh has this post at "The Volokh Conspiracy."
Posted at 08:30 AM by Howard Bashman


"The Establishment Clause: An Interview with Judge Guido Calabresi." Marie Griffith has this post at the "Religion & Politics" blog (via "Religion Clause").
Posted at 08:12 AM by Howard Bashman


Thursday, March 27, 2014

"Court Panel Upholds Texas Law on Abortion": Erik Eckholm will have this article in Friday's edition of The New York Times.

And Richard Wolf of USA Today reports that "Appeals court upholds new Texas abortion rules."
Posted at 11:06 PM by Howard Bashman



"Aereo Tells Supreme Court Not to Kill 'Next Technological Step'; The upstart TV streaming service makes its last written arguments before an oral hearing next month": Eriq Gardner has this post at the "Hollywood, Esq." blog of The Hollywood Reporter.

And at "The Switch" blog of The Washington Post, Brian Fung has a blog entry titled "Aereo: Yes, we're a Rube Goldberg device. And we're proud of it."
Posted at 11:04 PM by Howard Bashman



"NOLA.com | The Times-Picayune to fight ruling on disclosure of online commenter information": The Times-Picayune of New Orleans has this report.
Posted at 10:47 PM by Howard Bashman


"US appeals court upholds new Texas abortion rules": The Associated Press has this report on the ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued today.

And in other coverage, The San Antonio Express-News has an update headlined "Texas abortion restrictions withstand legal challenge."
Posted at 05:14 PM by Howard Bashman



"Appeals Court Could Reconsider Whether Anti-Gay Laws Get More Closely Scrutinized By Courts; A case that advocates thought was done could see another day in court": Chris Geidner of BuzzFeed has this report on an order that the U.S. Court of Appeals for the Ninth Circuit issued today.

And at "SCOTUSblog," Lyle Denniston has a post titled "Defining a legal test for sexual orientation discrimination."
Posted at 04:48 PM by Howard Bashman



Paul D. Clement stakes out latest controversial position -- how to pronounce the "A" in Chick-fil-A: Clement is known as the darling of conservative litigating causes, and based on its founder's political views (and very tasty products) Chick-fil-A is a favorite eatery of many conservative chicken lovers (no, I don't mean it that way).

Putting all that to one side, close behind the mystery of what foxes say is the vexing question, to quote Yahoo! Answers: "Do you pronounce it Chick-Fil-AY or Chick-Fil-uh?"

This past Tuesday evening's broadcast of the PBS NewsHour contained a segment titled "Can corporations exercise religious rights? Supreme Court hears case on contraception coverage." At approximately 2 minutes and 27 seconds into that video segment, Clement pronounces Chick-fil-A as "Chick-fil-uh." With all due respect to my esteemed appellate colleague, the restaurant chain's name is pronounced "chick-fi-lay," because they are selling you a boneless piece of chicken.

In further support of my position, I respectfully refer readers to the Twitter postings of Chick-fil-A aficionado, and self-pronounced conservative Texas Supreme Court Justice, Don R. Willett (pronounced, for present purposes only, "will-lay") here, here, and here.

Or, you could just watch this Chick-fil-A commercial on YouTube and see at the very end of the commercial how the announcer pronounces it.
Posted at 04:32 PM by Howard Bashman



"How Hobby Lobby Will Hurt Conservatives": Columnist Steve Chapman has this op-ed today in The Chicago Tribune.
Posted at 12:06 PM by Howard Bashman


"Debt collector prevails in lawsuit tied to 2 words in Detroit": The Associated Press has this report on an interesting ruling that Circuit Judge Jeffrey S. Sutton issued yesterday on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit.
Posted at 12:03 PM by Howard Bashman


"Texas Judge Costa moves to full Senate vote": Ben Kamisar of The Dallas Morning News has this blog post today.
Posted at 12:01 PM by Howard Bashman


"Cameras at the Supreme Court: They ought to be in pictures." Steven Mazie has this post at The Economist's "Democracy in America" blog.
Posted at 10:54 AM by Howard Bashman


"John Roberts Offers Conservatives A Way Out Of Birth Control Dilemma": Sahil Kapur of TPM DC has this report.

And online at Bloomberg View, law professor Noah Feldman has an essay titled "Hobby Lobby Verdict Could Be a Surprise."
Posted at 10:48 AM by Howard Bashman



"Court: Horse Owners Need To Protect Public From Injury." Edmund H. Mahony has this article today in The Hartford Courant.

And The Associated Press has a report headlined "Conn. court: Horse owners must prevent injuries."

Yesterday's ruling of the Supreme Court of Connecticut consisted of a majority opinion and a concurring opinion.
Posted at 10:40 AM by Howard Bashman



"State high court clarifies ruling in sex assault case": Bruce Vielmetti has this article today in The Milwaukee Journal Sentinel.

And The Associated Press reports that "Justices deadlocked in billionaire assault case."

You can access yesterday's ruling of the Supreme Court of Wisconsin at this link.

The ruling that the court sought to clarify yesterday issued last July.
Posted at 10:34 AM by Howard Bashman



"U.S. in Odd Spot in Case on Protester Rights": Adam Liptak has this article in today's edition of The New York Times.

In today's edition of The Washington Post, Robert Barnes reports that "Supreme Court leaning against anti-Bush demonstrators in free speech case."

In today's edition of The Wall Street Journal, Jess Bravin has an article headlined "Supreme Court Weighs Rights of Protesters, Secret Service; Protesters Say Their First Amendment Rights Were Violated During 2004 Presidential Campaign Event." You can freely access the full text of the article via Google.

Richard Wolf of USA Today reports that "Justices side with Secret Service in discrimination case."

Warren Richey of The Christian Science Monitor has an article headlined "Is Secret Service 'above the law'? Supreme Court hears protest case; The Secret Service moved anti-Bush protesters behind pro-Bush protesters in 2004, citing a security concern; The plaintiffs charged discrimination in a case heard by the Supreme Court Wednesday."

Bill Mears of CNN.com reports that "Justices appear to back Secret Service in protest dispute."

Josh Gerstein of Politico.com reports that "SCOTUS skeptical of anti-George W. Bush protesters."

And on yesterday's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Protesters Want To Sue Secret Service: Do They Have The Right?"
Posted at 08:40 AM by Howard Bashman



"Sweeping Ruling on Domestic Violence": Adam Liptak has this article today in The New York Times.

In today's edition of The Washington Post, Robert Barnes has an article headlined "Supreme Court bolsters domestic violence gun ban."

In today's edition of The Los Angeles Times, David G. Savage has an article headlined "Supreme Court keeps guns away from those guilty of domestic violence; Justices strengthen a federal law that forbids anyone convicted of domestic violence from having a gun."

And Richard Wolf of USA Today reports that "Supreme Court upholds gun ban for domestic violence."
Posted at 08:32 AM by Howard Bashman



"Legal Debate on Using Boastful Rap Lyrics as a Smoking Gun": This front page article appears today in The New York Times.
Posted at 08:27 AM by Howard Bashman


"Drexel appearance by Yoo draws flak": The Philadelphia Daily News contains this article today.
Posted at 08:26 AM by Howard Bashman


"Supreme Court justice, wife sue Inquirer": This article appears today in The Philadelphia Inquirer.

Yesterday, I had this post linking to other coverage and an online copy of the complaint filed in the case.
Posted at 08:17 AM by Howard Bashman



Wednesday, March 26, 2014

"Lawsuit: McCaffery Lawyer Decries 'Smear Campaign' by Inky; Lawsuit filing suggests ownership fight helped provide basis for lawsuit; Inquirer editor defends paper, reporting." Joel Mathis of Philadelphia Magazine has this blog post today, reporting on a Civil Action Complaint filed yesterday in the Philadelphia Court of Common Pleas by a Justice serving on the Supreme Court of Pennsylvania and his wife against The Philadelphia Inquirer, The Philadelphia Daily News, and several of the newspapers' employees.

And today at the "Big Trial" blog of The Beasley Firm, which is representing the plaintiffs in the lawsuit, Ralph Cipriano has a post titled "Star Witness In State Supreme Court Justice's 'False Light' Suit Against The Philadelphia Inquirer: Inky Publisher Bob Hall."

Non-Pennsylvania based readers may find it unusual that a Justice serving on the highest court of a state is suing one of the state's largest newspapers for defamation and related claims, but that is just business as usual here in Pennsylvania. In fact, frequently the newspapers end up losing these suits, so stay tuned.
Posted at 05:22 PM by Howard Bashman



"How the 9th Circuit Made a Terrible Supreme Court Ruling Even Worse": Damon Root has this post today at Reason.com's "Hit & Run" blog.
Posted at 05:06 PM by Howard Bashman


"Gov. Snyder: Same-sex marriages legal but won't be recognized because of stay." The Detroit Free Press has this news update.

The Detroit News has an update headlined "Snyder calls Michigan's same-sex marriages legal but couples can't get benefits during stay."

And The Associated Press reports that "Michigan won't recognize same-sex marriages."
Posted at 03:08 PM by Howard Bashman



"Secret Service Agents May Get Shield From U.S. High Court": Lawrence Hurley of Reuters has this report.

Greg Stohr of Bloomberg News reports that "Secret Service Agents May Get Shield From U.S. High Court."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument analysis: Why not take the simple route?"

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Wood v. Moss, No. 13-115.

Earlier today, The Statesman Journal of Salem, Oregon previewed the oral argument in an article headlined "Oregon at center of Supreme Court case."
Posted at 03:07 PM by Howard Bashman



In today's mail: I received the Autumn 2013 issue of The Green Bag, the contents of which can be accessed online via this link.
Posted at 01:52 PM by Howard Bashman


"What the legal fight over contraception coverage says about the Supreme Court; No one should be surprised when the court's conservatives impale this ObamaCare provision": Andrew Cohen has this essay online today at The Week.
Posted at 01:48 PM by Howard Bashman


"Supreme Court hears case against Secret Service": The Associated Press has this report.
Posted at 11:30 AM by Howard Bashman


"How a Lawyer Defied the Gay Establishment and Got Michigan's Marriage Ban Struck Down": Michelangelo Signorile had this blog entry yesterday at The Huffington Post.
Posted at 11:28 AM by Howard Bashman


"The Dark Side of New York Times v. Sullivan": Law professor Cass R. Sunstein has this essay online at Bloomberg View.
Posted at 11:27 AM by Howard Bashman


"Reflecting on judge's 'dirty old man' blog post and his take on women lawyers' attire": Senior U.S. District Judge Richard G. Kopf has recently restarted his "Hercules and the Umpire" blog, with a very good purpose.

However, being somewhat irrepressible, Judge Kopf cannot avoid stirring up controversy from time to time. For example, today columnist Erin Grace of The Omaha World-Herald has an essay whose headline appears as the title of this post. Grace's essay comments on Judge Kopf's blog post yesterday titled "On being a dirty old man and how young women lawyers dress." Today, in response to Grace's OWH essay, he has a blog post titled "Post Script to yesterday's (infamous) post."
Posted at 11:24 AM by Howard Bashman



Greetings from yesterday's poster child for bad legal writing, and a federal appellate court electronic filing protip: Thanks to a tweet yesterday afternoon from Georgia Court of Appeals Judge Stephen Louis A. Dillard, I came across a post titled "Don't Whine" at the "Brief Right" blog, written by Kirby T. Griffis of Hollingsworth LLP.

I enjoy good legal writing advice as much as the next person, and I have even attempted to offer some from time to time. Also, I am not a fan of whining, as certain people who know me well can attest.

Thus, I was amused to discover before the end of the post's second paragraph that the subject of yesterday's "Don't Whine" entry was a motion that I filed some two months ago in the U.S. Court of Appeals for the Third Circuit in a case that I have previously covered here from time to time.

Although Griffis possessed a copy of the motion (writing at the start of the second paragraph of his post, "I have in front of me a rather routine motion"), and although a PDF copy of the motion has been available online via "How Appealing" since the day of its filing, the "Don't Whine" post fails to link to it. That omission, perhaps, is worth whining about.

Ultimately, as noted in this earlier post, the Third Circuit entered an order granting the motion in question and, more notably, my clients' petition for permission to appeal. Future key filings in the case will continue to be posted at "How Appealing" as they are made, beginning with plaintiffs' Brief for Appellants, due to be filed in mid-April.

Lest this post itself be accurately characterized as nothing but additional whining, let me conclude with a federal appellate court CM/ECF electronic filing protip. In the case in question, as in most cases now pending in a federal appellate court, attorneys are required to file documents electronically. The filing of a document occurs when an attorney uploads the document to the federal court's electronic filing system, which then automatically serves the filing on opposing counsel and makes the filing available to the judges and law clerks who are or will be working on the case.

In the Third Circuit, and perhaps in all or most other federal appellate courts, before an attorney can start filing substantive documents in a case (meaning documents other than case-opening paperwork), two things must happen: (1) the attorney must enter his or her appearance electronically; and (2) the clerk's office of the federal appellate court must take action based on that entry of appearance to enable the attorney to file substantive documents in the case. I assume there are good reasons for requiring step two of this process, although that inquiry is beyond the scope of this post.

In the case in question, counsel for defendant waited until after 6 p.m. local time on the date defendant's response to plaintiffs' petition for permission to appeal was due to file an entry of appearance in the case. Consequently, although counsel for defendant was able to file defendant's case-opening paperwork that evening, he was unable to electronically file in a timely manner defendant's response in opposition to the petition for permission to appeal.

And that probably made counsel for defendant (and perhaps others working with that attorney to complete the filing) feel emotions that one does not want to feel on the due date for an important appellate filing. But to later characterize the issue as a "problem with the ECF system that was preventing [defendant] from filing it electronically" (see footnote one) might strike some as a failure to take responsibility for a problem of one's own creation.

So here is my federal appellate court electronic filing protip of the day: Do not wait until after the close of business on the day on which a brief or substantive response is due to be electronically filed in a federal appellate court to enter your appearance in an appeal and then expect to be able to electronically file the brief or substantive response that same day. If you do, you very well may experience a "problem" with the electronic filing system that will prevent you from timely filing that brief or response.
Posted at 11:07 AM by Howard Bashman



"Mapping Supreme Court Doctrine: Civil Pleading." Law professors Scott Dodson and Colin Starger have this interesting video presentation online at vimeo.
Posted at 10:22 AM by Howard Bashman


Access online today's ruling of the U.S. Supreme Court in an argued case: The Court issued a ruling in one argued case today.

Justice Sonia Sotomayor delivered the opinion of the Court in United States v. Castleman, No. 12-1371. Justice Antonin Scalia issued an opinion concurring in part and concurring in the judgment. And Justice Samuel A. Alito, Jr. issued an opinion concurring in the judgment, in which Justice Clarence Thomas joined. You can access the oral argument via this link.

Update: In early news coverage, The Associated Press reports that "High court bolsters domestic violence gun ban law."
Posted at 10:07 AM by Howard Bashman



"'Innocence of Muslims' Actress Demands Google Be Sanctioned; Will the web giant have to put up a $128 million bond for allegedly 'thumbing its nose' at an appeals court?" Eriq Gardner has this post at the "Hollywood, Esq." blog of The Hollywood Reporter.
Posted at 08:59 AM by Howard Bashman


"9th Circuit Affirms Ira Isaacs' Obscenity Conviction": XBIZ Newswire has this report.

And City News Service (via the Hollywood Patch) reports that "Appellate Court Upholds Obscenity Conviction of Fetish Filmmaker; Ira Isaacs was found guilty for producing, selling and shipping films that featured bestiality and defecation."

You can access yesterday's non-precedential ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:55 AM by Howard Bashman



"Abortion fight haunts U.S. top court hearing on healthcare law": Joan Biskupic of Reuters has this report.

In today's edition of The Wall Street Journal, Jess Bravin has an article headlined "Supreme Court Debates Contraception Requirement; Female Justices Repeatedly Pressed Challengers to Affordable Care Act Requirement." You can freely access the full text of the article via Google.

Michael Doyle of McClatchy Washington Bureau has an article headlined "Expect a close ruling as Supreme Court weighs contraceptive coverage."

Warren Richey of The Christian Science Monitor reports that "Supreme Court appears split in contraception case, with Kennedy in middle; The nine Supreme Court justices appeared split in a case about whether for-profit businesses must provide certain contraceptives under Obamacare; A question by Justice Anthony Kennedy, the usual swing vote, could signal trouble for the Obama administration."

Chris Casteel of The Oklahoman has an article headlined "U.S. Supreme Court justices hear Hobby Lobby arguments; U.S. Supreme Court justices appear divided over whether family-owned businesses like Oklahoma City-based Hobby Lobby can claim a religious exemption from health care law requirement to cover contraceptives."

The Intelligencer Journal/Lancaster (Pa.) New Era has an article headlined "Supreme Court justices appeared divided in Conestoga Wood Specialties case."

Bill Mears of CNN.com reports that "Court majority harshly critical of Obamacare contraception mandate."

On yesterday evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment titled "Justices Divide By Gender In Hobby Lobby Contraception Case."

Josh Gerstein of Politico.com has an article headlined "Hobby Lobby case: 9 justices to watch."

Online at Slate, Dahlia Lithwick has a Supreme Court dispatch titled "Is the Contraception Mandate Doomed? It sure looks that way after the Hobby Lobby argument."

And online at The New Yorker, Jeffrey Toobin has a blog post titled "Women Justices Rock the Hobby Lobby Argument."
Posted at 08:36 AM by Howard Bashman



In Bashman news from Australia: The Courier-Mail of Brisbane reports today that "Three men pose as fire ant inspectors to bash man and woman in home invasion."
Posted at 08:33 AM by Howard Bashman


"U.S. Supreme Court Hears Bankruptcy Fight Over Inherited IRA Money": This post appeared yesterday at WSJ.com's "Bankruptcy Beat" blog.

You can access at this link the transcript of Monday's U.S. Supreme Court oral argument in Clark v. Rameker, No. 13-299.
Posted at 08:32 AM by Howard Bashman



"Lexington firm loses false-advertising case at Supreme Court": Michael Doyle of McClatchy Washington Bureau has this report.
Posted at 08:27 AM by Howard Bashman


"Kansas Allowed by Court to Stop Planned Parenthood Funds": Bloomberg News has this report.

And The Associated Press has a report headlined "Ruling: Kansas can strip Planned Parenthood funds."

You can access yesterday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 08:22 AM by Howard Bashman



Tuesday, March 25, 2014

"Arguments Against Health Law Subsidies Gain Traction": Robert Pear will have this article in Wednesday's edition of The New York Times.

Bloomberg News reports that "Obamacare Subsidies Face Skeptical Appeals Court Judges."

At "The BLT: The Blog of Legal Times," Jenna Greene has a post titled "D.C. Circuit Skeptical of Affordable Care Act Subsidies."

And in commentary, today's edition of The Los Angeles Times contains an editorial titled "Unfair to Obamacare: Another ill-advised legal challenge; The latest lawsuit shows just how far opponents will go to undermine a law they cannot abide."

At The Washington Post's "Wonkblog," Jason Millman has a post titled "Are Obamacare subsidies now in jeopardy?"

Online at The New Republic, Alec MacGillis has an essay titled "Forget Hobby Lobby: The Bigger Legal Threat to Obamacare Still Has Life."

And online at USA Today, Michael F. Cannon has an essay titled "Hobby Lobby isn't today's most important case: Halbig v. Sebelius could force Obama administration to follow its own law."
Posted at 11:11 PM by Howard Bashman



"Court backs S.F.'s gun storage law, hollow-point bullet ban": Bob Egelko of The San Francisco Chronicle has this news update.

Maura Dolan of The Los Angeles Times has a news update headlined "Appeals court upholds San Francisco laws regulating gun ownership."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Handgun Lock-up Law, Bullet Sales Limits Upheld."

You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:58 PM by Howard Bashman



"Federal appeals court extends freeze on Michigan gay marriages": The Detroit Free Press has this news update reporting on an order that a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today.

And The Detroit News has an update headlined "Appeals Court extends stay in gay marriage case until arguments heard."
Posted at 10:38 PM by Howard Bashman



"Harper says he will 'respect' Supreme Court's blocking of Nadon": The Toronto Globe and Mail has this news update.
Posted at 07:03 PM by Howard Bashman


"Federal court says Obamacare built on quicksand": Stephen Dinan of The Washington Times has a news update that begins, "A federal appeals court seemed skeptical Tuesday of the Obama administration's position that it can give Obamacare subsidies to Americans regardless of what kind of exchange they are in, in a case that could threaten the fundamental deal underpinning the Affordable Care Act."

Update: You can access at this link (40.1MB mp3 audio file) the audio of today's D.C. Circuit oral argument in Halbig v. Sebelius, No. 14-5018.
Posted at 01:16 PM by Howard Bashman



"Court Hears Arguments in Contraception Coverage Challenge": Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined "Supreme Court divided as it hears argument on contraceptive coverage."

David G. Savage of The Los Angeles Times has a news update headlined "Justices sound ready to reject contraceptives mandate under Obamacare."

Richard Wolf of USA Today reports that "Supreme Court seeks compromise in contraception case."

Tom Howell Jr. of The Washington Time has a news update headlined "Female Supreme Court justices worry about corporations using religious objections to duck rules."

At "The BLT: The Blog of Legal Times," Marcia Coyle has a post titled "Justices, Divided, Appear to Favor Religious Claims in Contraception Case."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument recap: One hearing, two dramas."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Sebelius v. Hobby Lobby Stores, Inc., No. 13-354.
Posted at 01:05 PM by Howard Bashman



"Defending traditional marriage is defending the state constitution": Michigan Attorney General Bill Schuette has this essay online today at The Detroit Free Press.
Posted at 12:20 PM by Howard Bashman


"High court seems divided over birth control rule": Mark Sherman of The Associated Press has this report.

Lawrence Hurley and David Ingram of Reuters report that "Supreme Court sharply divided on Obamacare religious challenge."

And Greg Stohr and Sophia Pearson of Bloomberg News report that "Obamacare Contraceptive Rule Questioned at U.S. High Court."
Posted at 11:58 AM by Howard Bashman



"Live Blog: Contraception Cases at Supreme Court." Brent Kendall has this post at WSJ.com's "Washington Wire" blog.
Posted at 11:28 AM by Howard Bashman


"Gupta's Insider Conviction Tied to Rajaratnam Upheld": Bloomberg News has this report.

And Jonathan Stempel of Reuters reports that "Ex-Goldman director Gupta's insider trading conviction upheld."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 11:22 AM by Howard Bashman



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

1. Justice Anthony M. Kennedy delivered the opinion for a unanimous Court (with Justice Elena Kagan recused) in United States v. Quality Stores, Inc., No. 12-1408. You can access the oral argument via this link.

2. And Justice Antonin Scalia delivered the opinion for a unanimous Court in Lexmark Int'l, Inc. v. Static Control Components, Inc., No. 12-873. You can access the oral argument via this link.

In early news coverage, The Associated Press has a report headlined "Court: Company can move forward with Lexmark suit."

Greg Stohr of Bloomberg News reports that "Severance Payments Can Be Taxed, U.S. Supreme Court Rules."

And Lawrence Hurley and Patrick Temple-West report that "Supreme Court rules severance payments are taxable."
Posted at 10:07 AM by Howard Bashman



"Hobby Lobby Contraceptive Case Goes Before Supreme Court": Nina Totenberg had this audio segment on today's broadcast of NPR's "Morning Edition."

Stephanie Condon of CBS News reports that "Supreme Court Hobby Lobby case revisits divisive political issues."

This morning's broadcast of C-SPAN's "Washington Journal" contained a segment titled "Supreme Court Case on Birth Control Coverage" featuring Lawrence Hurley of Reuters.

In commentary, today's edition of The Los Angeles Times contains an editorial titled "Hobby Lobby case: Defenders of religious freedom should be careful what they pray for; The Supreme Court should reject the argument of some for-profit firms that they be allowed to opt out of Obamacare's mandate on contraception coverage."

And online at Reuters, Jay Michaelson has an essay titled "Why corporations don't deserve religious freedom."
Posted at 09:57 AM by Howard Bashman



In coverage of the Conestoga Wood case from the Intelligencer Journal/Lancaster (Pa.) New Era: Today's newspaper contains front page articles headlined "Conestoga Wood vs. Obamacare: Questions and answers" and "Law professors debate significance of Conestoga Wood ruling."

And the newspaper also contains articles headlined "Meet the major legal players in the Conestoga Wood Specialties Supreme Court case" and "Legal precedents: 5 cases that may shape Conestoga Wood outcome."
Posted at 09:55 AM by Howard Bashman



"Obamacare Subsidies Seen as Illegal on State Exchanges": Bloomberg News has this report on a case being argued today in the U.S. Court of Appeals for the D.C. Circuit.

In other coverage, The Detroit News reports that "Schuette argues for cutting federal health tax credits for Michiganians."

At the "Wonkblog" of The Washington Post, Jason Millman has an entry titled "The contraception case is big, but another challenge could really hurt Obamacare."

And at "ThinkProgress," Ian Millhiser has a post titled "How Two Republican Judges Could Blow Up Obamacare Tomorrow."

When the audio of today's D.C. Circuit oral argument becomes available online, I will provide a link to it.
Posted at 09:52 AM by Howard Bashman



Monday, March 24, 2014

"The Early Jurisprudence of Justice Sotomayor: Sonia Sotomayor's first five years on the Court." The Yale Law Journal Forum today has posted this online symposium.
Posted at 11:08 PM by Howard Bashman


Access online the supplemental authority letters filed following last week's Third Circuit oral argument in United States v. Auernheimer: The federal government's letter, filed last Thursday, can be accessed here.

And the defendant/appellant's response, filed today, can be accessed here.
Posted at 10:52 PM by Howard Bashman



"U.S. Supreme Court won't hear Health Trust suit": Mark Guydish of The Times Leader of Wilkes-Barre, Pennsylvania has this news update.

Unless the losing parties seek review in the International Court of Justice at The Hague, it would now appear that my client's appellate victory in this case is secure.

In this earlier post reporting on the Pa. Supreme Court's denial of review in the case, I linked to my client's appellate filings. The U.S. Supreme Court's docket entries in the case can be accessed here.

Update: In other coverage, The Citizens' Voice of Wilkes-Barre reports that "Supreme Court tosses Pittston, Dallas petition against health trust."
Posted at 10:36 PM by Howard Bashman



"Supreme Court Declines to Revive Delaware Arbitration Program; Lower Courts Held That Allowing Sitting Judges to Rule in Private Proceedings Was Unconstitutional": Brent Kendall and Peg Brickley will have this article in Tuesday's edition of The Wall Street Journal.
Posted at 10:12 PM by Howard Bashman


"Health-Law Contraceptive Case Skews Ideological Lines on High Court; Conservatives Cite Legal Doctrine Written by Late Liberal Champion Brennan": Jess Bravin will have this article in Tuesday's edition of The Wall Street Journal.

And Jennifer Haberkorn of Politico.com reports that "Contraception coverage heads to SCOTUS."
Posted at 10:09 PM by Howard Bashman



"'No Plans to Change' High Court Access Policies": Tony Mauro of The National Law Journal has this report.
Posted at 09:03 PM by Howard Bashman


"Conservatives defend Marc Nadon, slam Supreme Court's timing; Justice Minister Peter MacKay says the government, 'surprised' by the court's rejection of its appointment of Nadon, is reviewing its options": The Toronto Star has this report.
Posted at 09:00 PM by Howard Bashman


"Baton Rouge's definition of 'family' weighed by Louisiana Supreme Court": The Times-Picayune of New Orleans has this news update.
Posted at 08:55 PM by Howard Bashman


"Sandra Day O'Connor tells Stockton audience of her road to the Supreme Court": The Atlantic City Press has this news update.
Posted at 08:42 PM by Howard Bashman


"Contraception Ruling Could Have Reach Far Beyond Women's Rights": Adam Liptak will have this article in Tuesday's edition of The New York Times.

Online at The New Republic, Tom Donnelly has an essay titled "Can Liberals Trust John Roberts to Rescue Obamacare Again? A pro-Hobby Lobby ruling would be his most radical decision."

And at Salon.com, Brian Beutler has an essay titled "Right-wing judges face huge moral dilemma: How Hobby Lobby could expose SCOTUS' hypocrisy; The coming case will test what's more sacred to this court: Corporate imperatives or so-called religious liberties."
Posted at 07:38 PM by Howard Bashman



"The Religious Right's Failed Gay-Marriage Backlash: In states like Arizona, social conservatives hoped to push back against the rising gay-rights tide, but lawmakers and the public sided against them." Molly Ball has this essay online at The Atlantic.
Posted at 07:33 PM by Howard Bashman


In jurisprudence essays available online at Slate: Naomi Lamoreaux and William Novak have an essay titled "Getting the History Right: Tracking the real history of corporate rights in American constitutional thought."

And Margaux J. Hall has an essay titled "Who's the Boss? Why are our employers making our health insurance choices in the first place?"
Posted at 07:30 PM by Howard Bashman



"Sacred and Profane: Where the Waco siege went wrong." Malcolm Gladwell has this Annals of Religion article in the March 31, 2014 issue of The New Yorker.
Posted at 07:16 PM by Howard Bashman


"Humor and Other Rarities Emerge in a Case About Lying": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 04:28 PM by Howard Bashman


"US Supreme Court rejects Del. appeal on secret panel": Sean O'Sullivan of The News Journal of Wilmington, Delaware has this update.

Greg Stohr of Bloomberg News reports that "Delaware Court Arbitrations Blocked as Appeal Rejected."

Tom Hals of Reuters reports that "Delaware loses final bid to revive 'secret courts.'"

Josh Gerstein of Politico.com has a blog post titled "SCOTUS lets court access ruling stand."

And at "SCOTUSblog," Lyle Denniston has a post titled "Arbitration with public spectators? Maybe . . ."
Posted at 04:23 PM by Howard Bashman



In the April 2014 issue of ABA Journal magazine: Mark Walsh has an article headlined "Low-tech high court to weigh police search of smartphones."

Lorelei Laird has an article headlined "SCOTUS ruling could complicate laws on impaired driving."

And the new installment of Bryan A. Garner's "On Words" column is headlined "Ax these terms from your legal writing."
Posted at 03:52 PM by Howard Bashman



Programming note: Due to a late-morning meeting with trial counsel in an appeal I will be working on, additional posts will not appear here until mid-afternoon.
Posted at 10:20 AM by Howard Bashman


"Everything You Need To Know About The Supreme Court Taking On Birth Control": Sahil Kapur of TPM DC has this report today.

And at "ThinkProgress," Ian Millhiser has a post titled "Read This One Document To Understand What The Christian Right Hopes To Gain From Hobby Lobby."
Posted at 09:55 AM by Howard Bashman



"Supreme Court Preview: Do IRA's Experience Life After Death?" Tom P. Taylor of Bloomberg BNA has this blog post on the case scheduled for oral argument this morning at the U.S. Supreme Court.

And last week at "SCOTUSblog," Ronald Mann had a post titled "Argument preview: Scope of protections for retirement funds in bankruptcy squarely at issue."
Posted at 09:50 AM by Howard Bashman



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

In early news coverage, The Associated Press reports that "Justices deny Del. court appeal over secrecy" and "Supreme Court declines to hear sex registry case."
Posted at 09:35 AM by Howard Bashman



"White House weighs next nuclear option": Edward-Isaac Dovere of Politico.com today has a report that begins, "Pressure is continuing to mount in President Barack Obama's base -- and within his own White House -- to push for a new nuclear option for judicial nominees."
Posted at 09:30 AM by Howard Bashman


"Religious case at Supreme Court could affect Obamacare and much more; The Supreme Court will hear Hobby Lobby's religious liberty challenge to Obamacare on Tuesday; Its decision could have far-reaching consequences": David G. Savage has this article in today's edition of The Los Angeles Times.

Warren Richey of The Christian Science Monitor has an article headlined "Affordable Care Act and birth control: Can corporations assert religious rights? The US Supreme Court this week takes up a key question regarding the Affordable Care Act: Can businesses deny employees certain birth control methods based on religious beliefs?"

The Tulsa World reports that "Hobby Lobby contraception case set to go before Supreme Court this week; At issue is whether a corporation can claim religious freedom the same as individuals."

The Intelligencer Journal/Lancaster (Pa.) New Era has an article headlined "Business and religion collide in Conestoga Woods Supreme Court contraceptive coverage case."

NewsWorks.org has a report headlined "Lancaster business takes Affordable Care Act challenge to U.S. Supreme Court this week."

And at Forbes.com, Dale Buss has a post titled "Conestoga Is Silent Party In Obamacare Case, But Convictions Are Clear."
Posted at 08:00 AM by Howard Bashman



Sunday, March 23, 2014

"ObamaCare's Latest Legal Challenge: Can the White House simply declare that the federal government is the 51st state?" Monday's edition of The Wall Street Journal will contain this editorial about a case scheduled for oral argument Tuesday in the U.S. Court of Appeals for the D.C. Circuit.
Posted at 09:44 PM by Howard Bashman


"High court with vocally devout justices set to hear religious objections to health-care law": Robert Barnes will have this article in Monday's edition of The Washington Post. In addition, Walter Dellinger will have an op-ed titled "Contraception as a test of equality."

And in Monday's edition of The Washington Times, Tom Howell Jr. will have an article headlined "Supreme Court to weigh religious rights of corporations vs. Obamacare's 'contraception mandate.'"
Posted at 09:42 PM by Howard Bashman



"Sperm donor asks Supreme Court to block his genetic testing; Motion filed at last minute Friday in 2012 case": In yesterday's edition of The Topeka Capital-Journal, Steve Fry had an article that begins, "Just before the 5 p.m. deadline on Friday, the attorney representing a Topeka man who provided sperm to a same-sex couple to become pregnant filed an appeal to the Kansas Supreme Court asking justices to direct a district court judge to block genetic testing of the man."
Posted at 09:37 PM by Howard Bashman


"Legal questions abound over same-sex marriages in Michigan": The Detroit Free Press has this news update.
Posted at 09:35 PM by Howard Bashman


"N.J. chief justice could fall victim to political tides": This article appears today in The Philadelphia Inquirer.
Posted at 09:33 PM by Howard Bashman


"Conservatives won't rule out another attempt to reappoint Nadon": In Monday's edition of The Toronto Globe and Mail, Sean Fine will have an article that begins, "The Conservative government is refusing to close the door to reappointing Justice Marc Nadon to the Supreme Court of Canada, a move that would pit the government against the country's top judges."
Posted at 09:32 PM by Howard Bashman


"Supreme Court's Obsession With Secrecy": Kenneth Jost has this post today at his blog, "Jost On Justice."
Posted at 04:18 PM by Howard Bashman


"Tennessee plans executions in secret": Brian Haas has this front page article today in The Tennessean.
Posted at 02:46 PM by Howard Bashman


"What Judge Friedman learned about gay families from a lesbian law clerk": Columnist Brian Dickerson has this essay in today's edition of The Detroit Free Press.
Posted at 02:44 PM by Howard Bashman


"The Trouble with Amicus Facts": Law professor Alli Orr Larsen has posted this article online at SSRN (via "Legal Theory Blog").
Posted at 02:38 PM by Howard Bashman


"Review: 'Anita' revisits the Anita Hill-Clarence Thomas drama; In the documentary 'Anita,' Anita Hill, central figure in the '91 Senate hearings to confirm Justice Clarence Thomas, candidly speaks of the grueling trial she endured to tell her truth." Kenneth Turan, film critic for The Los Angeles Times, has this movie review.

In Friday's edition of The New York Times, Miriam Bale had a movie review headlined "Alone Then, Supported Today: 'Anita' Revisits the Clarence Thomas Hearings."

David Lewis of The San Francisco Chronicle has a review headlined "'Anita' review: Clunky film with a moving message."

Alan Scherstuhl of OC Weekly has a movie review headlined "Speaking Truth to the Choir: This Anita Hill Doc Doesn't Bother Making a Case."

Ignatiy Vishnevetsky of the A.V. Club has a review headlined "The documentary Anita reduces the Anita Hill story to one of generic uplift."

And Odie Henderson of RogerEbert.com has this review of the movie.

Claire Suddath of Bloomberg Businessweek has an article headlined "New Anita Hill Film Recalls When Sexual Harassment Went Mainstream."

Chris O'Falt of The Hollywood Reporter has an article headlined "Anita Hill on the 'Surreal' Hearings That Changed Her Life and the Country."

Doug Oakley of The Oakland Tribune has an article headlined "New film on Anita Hill revisits landmark sexual harassment saga."

The Brandeis Hoot has an article headlined "Anita Hill opens up about power dynamics in documentary 'Anita.'"

The Daily Californian reports that "Anita Hill documentary recalls past for present gender equity fight."

Online at Slate, Dahlia Lithwick has a blog post titled "'All These Issues Are Still With Us': Talking to Anita Hill, as truthful as ever."

And at The Huffington Post, Natasha Bach has a report headlined "Anita Hill: Joe Biden Botched The Clarence Thomas Hearings."
Posted at 01:20 PM by Howard Bashman



"Alabama Supreme Court upholds decision to toss 'birther' lawsuit, Chief Justice Roy Moore dissents": Brian Lawson of The Huntsville Times has this report on a per curiam order of affirmance, accompanied by two concurring opinions and a 57-page dissent, that the Supreme Court of Alabama issued Friday.
Posted at 10:20 AM by Howard Bashman


"Justice Scalia Gave An Intriguing Non-Answer Question To A Question About NSA Spying": Business Insider has this report.
Posted at 10:12 AM by Howard Bashman


"Supreme Court considers 2004 Jacksonville protest; Secret Service used force to clear street when Bush changed his plans for dinner": This article appears today in the Mail Tribune of Medford, Oregon.
Posted at 10:09 AM by Howard Bashman


"Health law birth control coverage before justices": Mark Sherman of The Associated Press has this report.

In today's edition of The Oklahoman, Chris Casteel has a front page article headlined "Supreme Court justices to hear Hobby Lobby arguments on religion and contraception; Oral arguments are set for Tuesday in the most closely-watched case of the Supreme Court's term; Hobby Lobby, the Oklahoma City-based chain, says mandate to provide certain contraceptives as health benefits violates company's religious beliefs." He also has related articles headlined "Hobby Lobby case: Christians or corporations? The divisive struggle in the U.S. Supreme Court between Christian business owners and the U.S. government over contraceptives has become known around the country as the Hobby Lobby case" and "Peyote, Hobby Lobby and the religious freedom law."

Pete Williams of NBC News reports that "Supreme Court Takes Up Dispute Over Obamacare and Religion."

Today's edition of The Deseret News contains an editorial titled "In Hobby Lobby case, freedom is under threat."

Online at USA Today, Ken Starr has an op-ed titled "Obamacare shackles religious freedom; The Hobby Lobby case could deal blow to people of faith."

At The Daily Beast, the Right Reverend V. Gene Robinson, the IX Episcopal Bishop of New Hampshire, has an essay titled "Religious Freedom, or a License to Discriminate? Religious conservatives are moving to build protection for discrimination into the law; If the Supreme Court lets them, we could end up with a country that can't be governed."

And at The Huffington Post, Lynn M. Paltrow has an essay titled "If Hobby Lobby Wants to Deny Insurance Coverage of Birth Control It Should Stop Selling Knitting Needles, Too."
Posted at 09:26 AM by Howard Bashman



Saturday, March 22, 2014

"Wave of Appeals Expected to Turn the Tide on Same-Sex Marriage Bans": Erik Eckholm will have this news analysis in Sunday's edition of The New York Times.
Posted at 11:50 PM by Howard Bashman


"In re: National Security Letter, Under Seal v. Holder." On Thursday, the Ninth Circuit posted online the redacted briefs that Electronic Frontier Foundation filed in that court last month in two national security letter-related challenges. You can access the briefs here and here.
Posted at 11:40 PM by Howard Bashman


"Crying Wolf on Religious Liberty": The Sunday Review section of tomorrow's edition of The New York Times will contain an editorial that begins, "This week, the owners of two secular, for-profit corporations will ask the Supreme Court to take a radical turn and allow them to impose their religious views on their employees -- by refusing to permit them contraceptive coverage as required under the Affordable Care Act."
Posted at 11:35 PM by Howard Bashman


"Canada's Supreme Court has rejected its new member. Here's how this changes Canada's constitutional debate." Erin Crandall has this lengthy and informative entry today at "The Monkey Cage" blog of The Washington Post.

My earlier coverage of yesterday's Supreme Court of Canada ruling appears at this link.
Posted at 11:32 PM by Howard Bashman



"Anti-abortion activist loses appeal over Ohio home raid": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued yesterday.
Posted at 09:32 PM by Howard Bashman


"Appeals court issues temporary stay in Michigan's gay marriage case": The Detroit News has this update.

The Detroit Free Press has news updates headlined "Appellate court reverses course, issues temporary stay on same-sex marriages until Wednesday"; "Ruling could push Michigan gay marriages into legal limbo"; and "Gay Michigan couples' wedding-day joy turns to uncertainty when state halts same-sex marriages."

The New York Times has a news update headlined "Tumultuous Day for Gay Couples in Michigan."

Reuters reports that "Ruling to strike down Michigan gay marriage ban put on hold."

And The Associated Press reports that "Appeals court halts gay marriages in Michigan."

You can view this evening's order of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 09:00 PM by Howard Bashman



"Schuette's request for stay in gay marriage decision remains pending": The Detroit News has this update, along with an update headlined "Michigan same-sex couples making marriage history with joy, tears."

And The Detroit Free Press has a news update headlined "Michigan's first gay marriage performed in Ingham County; couples line up in Oakland."
Posted at 01:34 PM by Howard Bashman



"Appeals Court Upholds Current Fees on Debit Card Purchases": This article appears today in The New York Times.

In today's edition of The Wall Street Journal, Brent Kendall, Ryan Tracy, and Robin Sidel have an article headlined "Court Revives Fed Rule Limiting Debit-Card Fees; Decision Is a Setback for Retailers, Who Argued the Fed Didn't Do Enough to Curb Bank Levies."

Bloomberg News reports that "Fed Upheld on Debit Card Swipe-Fee Cap by Appeals Court."

Reuters reports that "Appeals court upholds Fed's debit card 'swipe fee' limits."

And The Associated Press reports that "US appeals court upholds Fed's cap on 'swipe' fees."

You can access yesterday's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 01:28 PM by Howard Bashman



"Having paid 3 lawyers 'is sanction enough'": John Bursch had this post yesterday at Warner Norcross & Judd LLP's "One Court of Justice Blog."
Posted at 01:16 PM by Howard Bashman


"Argument preview: Crowd control -- or message control?" Lyle Denniston has this post at "SCOTUSblog."

And Tom P. Taylor of Bloomberg BNA has a blog post titled "Supreme Court Preview: Bush's Decision to Dine Al Fresco Sparks Secret Service Fiasco."
Posted at 10:54 AM by Howard Bashman



"The Supreme Court should reverse the Ninth Circuit and uphold Slaughter-House!" Randy Barnett has this post at "The Volokh Conspiracy."
Posted at 10:52 AM by Howard Bashman


"Supreme Sunshine: Shining a Light on the High Court." You can view the video of yesterday's event at this link.
Posted at 10:48 AM by Howard Bashman


"Judicial Fact Finding Ron Amok: Judge Posner's Judicial Fashion Shows." Josh Blackman had this post yesterday at his blog.
Posted at 10:35 AM by Howard Bashman


"Are Firms Entitled to Religious Protections? Hobby Lobby's founder objects to the health law, but the government says for-profit companies aren't entitled to religious-freedom protections." Janet Adamy has this front page article today in The Wall Street Journal.

Michael Doyle of McClatchy Washington Bureau has an article headlined "Faith and health care law to collide at Supreme Court."

Bill Mears of CNN.com has an article headlined "Justices to hear 'Hobby Lobby' case on Obamacare birth control rule."

Stuart Taylor Jr. reports that "Justices To Weigh Contraceptive Mandate Against Religious Freedom Claims."

At "SCOTUSblog," Lyle Denniston has a post titled "Argument preview: Religion, rights, and the workplace."

Pew Research Center's Religion & Public Life Project has a report titled "Health Care Law's 'Contraception Mandate' Reaches the Supreme Court."

Yesterday's broadcast of the PBS program "Religion & Ethics Newsweekly" had a video segment titled "Contraception Mandate."

Pema Levy of Newsweek has reports headlined "When Is a Mandate Not a Mandate? Ask the Supreme Court" and "It's About Birth Control, Stupid."

msnbc has reports headlined "The law that could sink birth control coverage" and "Nuns take sides as contraception fight heads to the Supreme Court."

The Intelligencer Journal/Lancaster (Pa.) New Era has articles headlined "Reluctant litigants: Hahn family takes its pro-life stance, and Conestoga Wood Specialities, to the Supreme Court" and "Praying for the Hahns: How Christians are uniting behind Conestoga Wood Specialties owners in Obamacare fight."

Dmitriy Shapiro of Washington Jewish Week reports that "Jewish groups on both sides of Hobby Lobby."

At the "Constitution Daily" blog of the National Constitution Center, Scott Bomboy has a post titled "Could Citizens United and a semi-colon undo Obamacare?"

Reuters Breakingviews columnist Reynolds Holding has an essay titled "U.S. company religion case on Obamacare may shake shareholder faith."

At The Daily Beast, Jay Michaelson has an essay titled "Do Corporations Believe in God? The 'Hobby Lobby' Case Has the Answer." And Tiffany Stanley has an essay titled "Why Can't the FDA Fix Outdated Birth Control Labels? Contraceptives like Plan B don't prevent fertilized eggs from implanting in a woman's body; But their labels still say they do -- and they've become a tool for conservative activists."

Online at Mother Jones, Stephanie Mencimer has an essay titled "Are You There God? It's Me, Hobby Lobby; Everything you need to know about the high-stakes religious-freedom case that could redefine corporate personhood."

Wharton professor Amy Sepinwall has an op-ed in The Washington Post titled "Can a corporation have a conscience?"

Online at Reason, Damon Root has a post titled "Contraceptives, Corporations, and Obamacare: Sebelius v. Hobby Lobby Stores Inc. reaches the Supreme Court."

At National Review Online's "Bench Memos" blog, Ed Whelan has a round-up of his earlier relevant blog posts titled "Selected Posts on Hobby Lobby."

And the American Constitution Society recently held a briefing on the cases, and you can view the video via this link.
Posted at 09:58 AM by Howard Bashman



Friday, March 21, 2014

"Supreme Court's rejection of Nadon is a legal marker and a political blow": Sean Fine of The Toronto Globe and Mail has this article, along with an article headlined "Senate reform may suffer same fate as Nadon, legal experts say." The newspaper also has related articles headlined "Nadon decision highlights the tense relationship between the government and the judiciary" and "Quebec party leaders hail top court's ruling against Nadon appointment."

Tonda MacCharles of The Toronto Star has articles headlined "Supreme Court of Canada rejects Harper judicial appointee Marc Nadon; In 6-1 ruling, court refuses the Conservative government's appointment to one of its seats reserved for Quebec as unconstitutional"; "Ruling leaves top court and Marc Nadon up in the air; It's not yet clear what will happen next for the vacant Quebec seat on the Supreme Court of Canada, nor for Justice Marc Nadon"; and "Toronto lawyer Rocco Galati wonders why he had to clean up Stephen Harper's 'mess'; Toronto lawyer Rocco Galati, who argued against the appointment of Marc Nadon, says he 'regrets the fact the government can make a subversive mess of our Constitution.'"

CBC News has reports headlined "Marc Nadon appointment rejected by Supreme Court; Prime Minister Stephen Harper's appointment of semi-retired Federal Court judge isn't constitutional"; "Marc Nadon ruling hailed by Quebec, opposition; Opposition parties denounce Stephen Harper's appointment, shot down Friday by Supreme Court"; and "Nadon challenger Rocco Galati wonders why he had to clean up 'mess'; 'If I hadn't brought the challenge, Justice Nadon would be deciding cases,' lawyer says."

The Wall Street Journal reports that "Canada's Top Court Rules Harper Appointee Ineligible to Join Ranks; First Time Supreme Court of Canada Asked to Determine the Eligibility of a Prospective Member."

The Canadian Press reports that "Supreme Court says non to Nadon; federal government 'genuinely surprised.'"

And Reuters reports that "Canada high court rebuffs government, blocks court appointment."

You can access today's ruling of the Supreme Court of Canada at this link.
Posted at 11:25 PM by Howard Bashman



"Anita Hill in spotlight again as new film opens": The Associated Press has this report.
Posted at 05:20 PM by Howard Bashman


"Judge overturns ban on gay marriage, adoption in Mich." The Detroit News has this report.

And The Detroit Free Press has a news update headlined "Judge strikes down Michigan ban on gay marriage as unconstitutional."

You can view today's ruling of the U.S. District Court for the Eastern District of Michigan at this link.
Posted at 05:14 PM by Howard Bashman



Programming note: Thanks to an all-day Continuing Legal Education session that I am attending, the continuing legal education of this blog's readers will be delayed until this evening.
Posted at 06:35 AM by Howard Bashman


Thursday, March 20, 2014

"NRA wins court ruling against WHA": Sean O'Sullivan of The News Journal of Wilmington, Delaware has an article that begins, "In a surprising blow to public housing officials and a clear win for the National Rifle Association, the Delaware Supreme Court has ruled that the Wilmington Housing Authority cannot set limits on residents' rights to carry guns in common areas of public housing."

You can access Tuesday's ruling of the Supreme Court of Delaware, on certified question from the U.S. Court of Appeals for the Third Circuit, at this link.

And in other news, The Associated Press reports that "Hawaii man to get 2nd shot at gun license request."

You can access today's unpublished ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 11:37 PM by Howard Bashman



"Ninth Circuit Chief Takes Stock of Seven Years at Helm": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.
Posted at 11:30 PM by Howard Bashman


"Court upholds practice of swabbing individuals for DNA upon arrest; California authorities may continue to collect DNA from people arrested for felonies -- even if they are never formally charged -- and store the genetic profiles, a federal appeals court rules": Maura Dolan will have this article in Friday's edition of The Los Angeles Times.

Howard Mintz of The San Jose Mercury News reports that "California DNA collection law upheld."

Bob Egelko of The San Francisco Chronicle has a blog post titled "Court keeps DNA law, but suit still alive."

Tal Kopan of Politico.com has a blog post titled "Court rejects challenge to Calif. DNA collection, but leaves door cracked."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Calif Arrestee DNA Collection OK."

You can access today's en banc per curiam ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 11:28 PM by Howard Bashman



"Van Hollen asks U.S. Supreme Court to review abortion law": Bruce Vielmetti of The Milwaukee Journal Sentinel has this report.

And The Associated Press reports that "Wisconsin DOJ asks US Supreme Court to reinstate abortion law."

You can view the petition for writ of certiorari at this link.
Posted at 11:22 PM by Howard Bashman



"Supreme Court To Decide Fate Of Software Patents -- Or Maybe Not": Daniel Fisher has this post today at Forbes.com.
Posted at 11:18 PM by Howard Bashman


"Supreme Court may take up Va. sex registry case": The Associated Press has this report.
Posted at 11:16 PM by Howard Bashman


"Mehanna seeks Supreme Court review of terrorism charges": The Boston Globe has this report. You can view the petition for writ of certiorari at this link.
Posted at 11:12 PM by Howard Bashman


"Justices may decide if vendors can snub gay weddings": Richard Wolf will have this article in Friday's edition of USA Today.
Posted at 09:02 PM by Howard Bashman


"Reviled preacher Fred Phelps dead at age 84; Family member says no funeral planned for infamous preacher": The Topeka Capital-Journal has this news update. The newspaper also has published an obituary headlined "Phelps' life turned from brilliance to hatred; Phelps was disbarred, reviled internationally by the time of his death."

And The Christian Science Monitor has an article headlined "Fred Phelps: no funeral for the preacher who picketed so many; Fred Phelps and his Westboro Baptist Church tormented countless funerals to spread their message against homosexuality and abortion; He died Thursday."
Posted at 08:14 PM by Howard Bashman



Access online the March 2014 issue of the Harvard Law Review: Via this link.

This month's issue includes a Recent Cases essay on the Supreme Court of New Mexico's Elane Photography ruling.

Sixth Circuit Judge Jeffrey S. Sutton has a book review titled "Courts as Change Agents: Do We Want More -- Or Less?"

And law professor Mark L. Rienzi has a book review titled "The Case for Religious Exemptions -- Whether Religion Is Special or Not."
Posted at 08:04 PM by Howard Bashman



"3 Questions Facing the Supreme Court in Contraception Case": Ariane de Vogue has this post today at "The Note" blog of ABC News.

And Tom P. Taylor of Bloomberg BNA has a blog post titled "Supreme Court Preview: Birth Control Is the Next Front in Obamacare's Legal Battles."
Posted at 01:03 PM by Howard Bashman



"Federal judge could rule today on Michigan's bans on gay marriage, adoption for same-sex couples": The Detroit News has this report.
Posted at 12:55 PM by Howard Bashman


The U.S. Court of Appeals for the Third Circuit has posted online the audio of yesterday's oral argument in United States v. Auernheimer: You can access the audio via this link (14.8MB Windows Media Audio file). Law professor Orin S. Kerr argued for the defendant-appellant.

I previously linked to coverage of yesterday's oral argument in posts you can access here and here.
Posted at 10:02 AM by Howard Bashman



"God Meets Profit in Obama Contraceptive Rule Court Case": Greg Stohr of Bloomberg News has this report.
Posted at 09:22 AM by Howard Bashman


Obituary: Joseph F. Weis Jr. -- Judge celebrated in court, on battlefield; March 12, 1923 - March 19, 2014. The Pittsburgh Post-Gazette contains this obituary today.

And The Pittsburgh Tribune-Review contains an obituary headlined "Fox Chapel judge, revered by generations of his peers, dies at 91."

Joseph F. Weis, Jr. was appointed to the U.S. Court of Appeals for the Third Circuit by President Richard M. Nixon and was confirmed in March 1973, after Judge Weis had served as a judge on the U.S. District Court for the Western District of Pennsylvania for three years. Judge Weis took senior status in April 1988. Today, the seat that Judge Weis held on the Third Circuit is occupied by Circuit Judge Thomas M. Hardiman, after previously being held by Senior Third Circuit Judge Richard L. Nygaard.
Posted at 09:00 AM by Howard Bashman



"Supreme Court faces wave of free-speech cases from conservatives; Once embraced by liberals, 1st Amendment arguments are now being applied to contest campaign contribution limits, union dues and no-protest zones at abortion clinics": David G. Savage has this article today in The Los Angeles Times.
Posted at 08:50 AM by Howard Bashman


"Texas finds new execution drug supply": The Associated Press has a report that begins, "Texas has obtained a new batch of the drugs it uses to execute death row inmates, allowing the state to continue carrying out death sentences once its existing supply expires at the end of the month."
Posted at 08:47 AM by Howard Bashman


"In Oregon gay marriage case, Judge Michael McShane faces several key decisions": This front page article appears today in The Oregonian.
Posted at 07:46 AM by Howard Bashman


"Alligators Turn a Couple's Dream Into a Court Fight": In today's edition of The New York Times, Herbert Buchsbaum has an article that begins, "Finding an alligator in your back yard can ruin your day. Find two and it is time to lock up the pets and small children. But find dozens and you could end up in State Supreme Court battling Exxon, which is exactly what happened to Tom and Consandra Christmas."
Posted at 07:40 AM by Howard Bashman


Wednesday, March 19, 2014

"Weev Is Still in Jail Because the Government Doesn't Know What Hacking Is": Brian Merchant has this post today at "Motherboard."

At "The Daily Dot," Kevin Collier has a post titled "On the scene for hacker Weev's first and only appeal."

And at "The Declaration," Kenneth Lipp and Dustin Slaughter have a post titled "Venue Heavily Questioned by Court and Defense, Broad View of CFAA Encouraged by Government in Auernheimer Appeal."
Posted at 10:42 PM by Howard Bashman



"Fidelity, ABB Win Reversals in Appeal of 401(k) Plan Case": Bloomberg News has this report.

And Reuters has a report headlined "U.S. appeals court: Fidelity did not overcharge on float fees."

You can access today's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit at this link.
Posted at 10:34 PM by Howard Bashman



"The Honorable Juan Torruella, a First Circuit judge, gave a keynote address titled 'The Insular Cases: A Declaration of their Bankruptcy and My Harvard Pronouncement.'" You can view the video via this link (scroll down).
Posted at 10:28 PM by Howard Bashman


"Ruth Bader Ginsburg Is Irreplaceable: All you liberals trying to push her out, think about that." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 09:50 PM by Howard Bashman


"The Hon. Diane P. Wood and the Case of the Missing Commission": Law professor Ross E. Davies has posted this essay online at SSRN.
Posted at 09:02 PM by Howard Bashman


"What Lies Beneath": Linda Greenhouse has this essay online at The New York Times.
Posted at 08:27 PM by Howard Bashman


"The Right to Silence Your Phone": Ian MacDougall has this article online at Newsweek.
Posted at 08:14 PM by Howard Bashman


"Religious challenge to health care law hits high court": Richard Wolf of USA Today has this report.
Posted at 06:23 PM by Howard Bashman


"[T]his case shows every sign of being an overzealous prosecution for a technical violation of a criminal regulatory statute -- the kind of rigid and severe exercise of law-enforcement discretion that would make Inspector Javert proud." This quotation, believe it or not, comes from the dissenting opinion of the only judge on a divided three-judge Seventh Circuit panel who voted to uphold the defendant's conviction.

When the only judge on a three-judge panel who is willing to uphold a federal criminal conviction believes that the prosecution of the case was absurd, one wonders what will happen now that the defendant's conviction has been vacated and the case remanded for a new trial.

Update: In related commentary, in Thursday's edition of USA Today, law professor Glenn Harlan Reynolds will have an op-ed titled "Our criminal justice system has become a crime; Prosecutors too often abuse unrestrained powers."
Posted at 05:56 PM by Howard Bashman



"Federal judge stays enforcement of gay marriage ruling pending appeal": The Louisville Courier-Journal has this report. The newspaper also has a related update headlined "Gay-marriage appeal passes over higher-profile law firms."

The Lexington Herald-Leader has a news update headlined "Federal judge grants indefinite delay of his same-sex marriage ruling in Kentucky."

And The Associated Press reports that "Ky. same-sex marriage recognition put on hold."
Posted at 05:40 PM by Howard Bashman



"Long-time judge Joseph Weis dies at 91": Torsten Ove of The Pittsburgh Post-Gazette has a news update that begins, "Joseph F. Weis, a revered 3rd U.S. Circuit Court of Appeals judge and decorated World War II veteran who was nearly killed on a French battlefield in 1944, died today at 91 at his Fox Chapel home."
Posted at 05:36 PM by Howard Bashman


"Weev appeal puts computer crime laws on trial": Russell Brandom has this report online at The Verge.

And in previews of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Third Circuit, The Guardian (UK) reported earlier today that "Hacker Andrew 'Weev' Auernheimer attempts to overturn conviction; Lawyers say conviction under Computer Fraud and Abuse Act is flawed and raises questions for civil liberties online."

And earlier today "Gawker" had a post titled "The World's Most Infamous 'Hacker' Has His Appeal Hearing Today."

When the Third Circuit posts online the audio from today's oral argument, I will link to it.
Posted at 04:03 PM by Howard Bashman



"Chevron seeks $32 million in legal fees in Ecuador case": Nate Raymond of Reuters has this report.
Posted at 03:22 PM by Howard Bashman


"Faribault nurse's conviction reversed; state's suicide-assist law struck down": The Pioneer Press of St. Paul, Minnesota has this news update.

The Minneapolis Star-Tribune has a news update headlined "Case of former Minnesota nurse convicted of urging suicides sent back to district court; The state Supreme Court ruled that the state's ban on 'encouraging' suicide is unconstitutional, but upheld language on 'assisting' suicide."

And The Associated Press reports that "Court reverses convictions in aiding-suicide case."

My earlier coverage of today's Minnesota Supreme Court ruling appears at this link.
Posted at 02:15 PM by Howard Bashman



"The Law That Makes It Illegal to Report on Animal Cruelty: What makes Idaho's agricultural industry deserve special protection from journalists and activists?" Andrew Cohen has this essay online today at The Atlantic.

In news coverage of a lawsuit filed earlier this week against the law, The Idaho Statesman reported that "Idaho's ag-gag law challenged in federal court." The newspaper also posted online a copy of the complaint initiating suit.

And The Associated Press reported that "ACLU, others sue Idaho over farm anti-spying law."
Posted at 02:09 PM by Howard Bashman



"The Federal Circuit Muddies Its Venue Transfer Jurisprudence": Cory Andrews had this post yesterday at "The Legal Pulse" blog of Washington Legal Foundation.
Posted at 02:01 PM by Howard Bashman


"Donning and Doffing More than His Robe, Judge Posner Tries an Experiment in Chambers": Ryan N. Parsons has this post at the "Wisconsin Appellate Law" blog discussing the ruling that a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued yesterday.
Posted at 11:26 AM by Howard Bashman


"We conclude that the State may prosecute Melchert-Dinkel for assisting another in committing suicide, but not for encouraging or advising another to commit suicide." The Supreme Court of Minnesota has so ruled in a decision issued today.

Earlier today, The Associated Press previewed the expected ruling in a report headlined "Minn. court ruling expected in aiding-suicide case."
Posted at 11:18 AM by Howard Bashman



"Appeals court asked to reject Arizona's no-bail rule": Howard Fischer has this front page article today in The Arizona Daily Star.

And The Associated Press reports that "ACLU, Arizona give arguments over no-bail law.."

You can view at this link the video of yesterday's en banc oral argument before an 11-judge panel of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 10:20 AM by Howard Bashman



"Scalia tells Coast Guard cadets of Constitution's 'genius": The Day of New London, Connecticut has this report.

And The Associated Press reports that "Justice Scalia addresses Coast Guard cadets."
Posted at 10:16 AM by Howard Bashman



"Justice Ruth Bader Ginsburg: Should she stay or should she go?" Steven Mazie has this post at The Economist's "Democracy in America" blog.

And at the "Maryland Appellate Blog," Steve Klepper has a post titled "Four Reasons to End Calls for Justice Ginsburg's Retirement."
Posted at 10:12 AM by Howard Bashman



"Tennessee AG claims same-sex marriage ruling harms state, not couples": The Tennessean has this report.

And Reuters reports that "Tennessee governor to appeal judge's gay-marriage ruling."
Posted at 10:06 AM by Howard Bashman



"In U.S. contraception case, a question of corporate rights": Lawrence Hurley of Reuters has this report.
Posted at 10:03 AM by Howard Bashman


Tuesday, March 18, 2014

"Don't Tell Ruth Ginsburg to Retire: This Supreme Court justice will leave the bench when she's ready, regardless of what others think." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 11:22 PM by Howard Bashman


"These claims shouldn't have a prayer: Two challenges to Obamacare on religious grounds would create a dangerous precedent." David H. Gans has this op-ed today in The Los Angeles Times.
Posted at 11:18 PM by Howard Bashman


"Chevron Faces Lawyer's Appeal of Ecuador Fraud Finding": Bloomberg News has this report.

And Reuters reports that "Lawyer appeals ruling that blocks U.S. collection of award in Chevron Ecuador case."
Posted at 11:17 PM by Howard Bashman



"Constitution Check: Does the First Amendment require live broadcasts of the Supreme Court?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 07:30 PM by Howard Bashman


"Justice Kagan Tells Students to Listen, Learn and Work Together": Georgetown University Law Center has this report.
Posted at 07:28 PM by Howard Bashman


"Convicted Hacker 'Weev' Gets Another Chance At Freedom": Gerry Smith of The Huffington Post has this report on an appeal scheduled to be argued tomorrow in the U.S. Court of Appeals for the Third Circuit.
Posted at 07:23 PM by Howard Bashman


"Calif. Fight Over Concealed Weapons Could Head To High Court": This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 07:20 PM by Howard Bashman


"Judge Kozinski Reversed by Federal Circuit: Google May be Liable for Street View." Dennis Crouch has this post today at "Patently-O."

My earlier coverage of last Friday's Federal Circuit ruiing, in which the Ninth Circuit's chief judge sat by designation in the U.S. District Court for the Central District of California, can be accessed here.
Posted at 07:14 PM by Howard Bashman



"Appeals court hears Abu Ghraib torture case": The Associated Press has this report on an appeal argued today at the U.S. Court of Appeals for the Fourth Circuit.
Posted at 04:51 PM by Howard Bashman


"'Blogging and the New Public Intellectual' -- a Conversation with Tom Goldstein": Tom Goldstein of "SCOTUSblog" spoke earlier this month as part of a series titled "Blogging and the New Public Intellectual" hosted by The Hannah Arendt Center for Politics and Humanities at Bard College.

You can view a video of the event by clicking here. There's even a "How Appealing" shout-out at the one-hour-and-28-minute mark of the video.
Posted at 04:42 PM by Howard Bashman



"Same-sex marriage ban harms couples and children, lesbian couples argue in appeal; Attorneys for Oklahoma couples who successfully challenged state marriage ban say discrimination against gay couples is on par with gender discrimination": Chris Casteel of The Oklahoman has this report.

The Tulsa World reports that "Same-sex marriage lawsuit plaintiffs respond to Oklahoma's appeal; Oklahoma's same-sex marriage stance is challenged in a legal brief filing."

And The Associated Press has report headlined "Brief: Oklahoma gay marriage ban demeans children."

I have posted online at this link the brief for plaintiffs/appellees/cross-appellants filed yesterday in the U.S. Court of Appeals for the Tenth Circuit.
Posted at 03:48 PM by Howard Bashman



"California chief justice warns of civil rights crisis from court cuts; Recent court budget cuts have left many Californians with little access to justice, Tani Cantil-Sakauye tells Legislature as she pleads for restored funding": Maura Dolan has this article today in The Los Angeles Times.

And The Sacramento Bee reports today that "California chief justice warns of 'civil rights crisis.'"

You can access the prepared text of the State of the Judiciary address that California's Chief Justice delivered yesterday at this link.
Posted at 03:40 PM by Howard Bashman



"The Supreme Court Farm Team": Jeffrey Toobin has this blog post online today at The New Yorker.
Posted at 03:07 PM by Howard Bashman


"Judge's bias in Ariz. death case before justices": Mark Sherman of The Associated Press has this report.
Posted at 03:04 PM by Howard Bashman


Monday, March 17, 2014

Programming note: I will be presenting an appellate oral argument on Tuesday morning. As a result, new posts will not appear here until Tuesday afternoon.
Posted at 10:15 PM by Howard Bashman


"Yes, Corporations Are People; And that's why Hobby Lobby should lose at the Supreme Court": Law professor Adam Winkler has this jurisprudence essay online at Slate.
Posted at 09:34 PM by Howard Bashman


"Choosing What to Photograph Is a Form of Speech; We back same-sex marriage, but the case against the New Mexico photography business owners would make bad law": Eugene Volokh and Ilya Shapiro will have this op-ed in Tuesday's edition of The Wall Street Journal.
Posted at 09:26 PM by Howard Bashman


"Senate confirms Wilson as state Supreme Court justice": The Honolulu Star-Advertiser has this news update.

And Honolulu Civil Beat reports that "Full Senate Confirms Wilson to Hawaii Supreme Court."
Posted at 09:04 PM by Howard Bashman



"Tennessee special court upholds judicial retention elections": The Tennessean has a news update that begins, "A Special Tennessee Supreme Court ruled Monday that holding retention elections for the state's appellate judges is constitutional."

And The Associated Press reports that "Special Supreme Court upholds retention elections for appellate court judges in Tennessee."

You can access today's ruling of the Supreme Court of Tennessee at this link. The court issued a related news release titled "Special Supreme Court Upholds Constitutionality of Tennessee's Appellate Judge Election Process." As the news release explains, four of the five members of the "Special Supreme Court" do not otherwise currently serve as Tennessee state judges.
Posted at 09:02 PM by Howard Bashman



"Carmel Valley attorney brings cell phone privacy case to U.S. Supreme Court": Carmel Valley News has this report.
Posted at 08:55 PM by Howard Bashman


"Supreme Court to rule Friday on Nadon's appointment": Sean Fine of The Toronto Globe and Mail has a news update that begins, "After sitting in limbo for months, Prime Minister Stephen Harper's latest appointee to the Supreme Court of Canada, Justice Marc Nadon, will learn on Friday whether his prospective new colleagues deem him legally qualified for the job."

And CBC News reports that "Supreme Court to rule on Justice Marc Nadon's appointment; Top court to release decision Friday on constitutionality of Quebec appointment."
Posted at 08:52 PM by Howard Bashman



"How a Supreme Court Case Made an Alabama Businessman Famous; Eyes all over Washington are on the McCutcheon campaign finance case -- and McCutcheon himself": National Journal has this report.
Posted at 08:50 PM by Howard Bashman


"Conservative Jim Johnson will retire from Washington Supreme Court": SeattlePI.com has a report that begins, "State Supreme Court Justice Jim Johnson, the high court's lone outspoken conservative, announced Monday that he will retire from the court on April 30."

And The Seattle Times has a blog post titled "State Supreme Court Justice Jim Johnson to retire" that begins, "James M. Johnson, who is considered the most conservative member of the state Supreme Court, will retire next month due to 'recent health concerns,' the justice announced Monday."
Posted at 08:44 PM by Howard Bashman



"Appointment of the Honorable Carolyn B. McHugh to the Tenth Circuit Court of Appeals": The U.S. Court of Appeals for the Tenth Circuit issued this news release today.
Posted at 08:14 PM by Howard Bashman


"AG brief says Oklahoma does not have drugs needed for Thursday execution; According to a brief filed Monday by the Oklahoma Attorney General's Office, the state is having trouble obtaining two of the three drugs necessary to execute Clayton Derrell Lockett on Thursday": The Oklahoman has this news update.

The Tulsa World has a news update headlined "State lacks drugs to carry out Thursday execution, records show."

And The Associated Press has a report headlined "Okla. lawyers: Drugs not available for execution."
Posted at 06:27 PM by Howard Bashman



"Supreme Court Justice Elena Kagan spoke to Georgetown University Law Center students about her life and career." Even though the event only concluded moments ago, C-SPAN has already posted the video for on-demand viewing at this link.

Update: In news coverage, The Associated Press reports that "Kagan says happiest lawyers make a difference."

And at "The BLT: The Blog of Legal Times," Marcia Coyle has a post titled "Justice Kagan to Set Sight on New Target."
Posted at 05:12 PM by Howard Bashman



"Appeals court upholds D.C. man's 18-year sentence for $600 drug deal": The Washington Times has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued last Friday.

And at his "Sentencing Law and Policy" blog, law professor Douglas A. Berman has a post titled "DC Circuit gives disconcertingly short-shrift to Antwuan Ball's many significant sentencing claims."
Posted at 02:28 PM by Howard Bashman



"Ohio case gets serious and satirical attention before Supreme Court hearing; U.S. Supreme Court to ponder Ohio law": Gannett has this report.

And at "SCOTUSblog," Marty Lederman has a post titled "Commentary: The return of the Robert Bork 'dueling briefs' strategy: Buckley v. Valeo, Susan B. Anthony List, and Ohio Attorney General DeWine."
Posted at 01:18 PM by Howard Bashman



"Civil rights groups want to uphold convictions in Amish beard case": This article appears today in The Pittsburgh Post-Gazette.
Posted at 01:12 PM by Howard Bashman


"Erie Railroad at 75": That subject is the focus of the Fall 2013 issue of the Journal of Law, Economics & Policy, which American Enterprise Institute posted online last Friday.
Posted at 09:42 AM by Howard Bashman


"West's Drought and Growth Intensify Conflict Over Water Rights": Michael Wines has this front page article today in The New York Times.
Posted at 08:17 AM by Howard Bashman


"Mount Holly Gardens saga nears an end -- and a beginning": This article appears today in The Philadelphia Inquirer.
Posted at 08:00 AM by Howard Bashman


Sunday, March 16, 2014

"For Michael 'Mookie' Moss, case against Secret Service is matter of free speech": Robert Barnes will have this new installment of his "The High Court" column in Monday's edition of The Washington Post.
Posted at 11:00 PM by Howard Bashman


"Son says Fred Phelps Sr. of Westboro Baptist Church is near death": The Kansas City Star has this news update.

And The Topeka Capital-Journal has a news update headlined "WBC spokesman declines to say whether church founder has been excommunicated; WBC spokesman: church doesn't have a designated leader of church, adding WBC doesn't operate that way."
Posted at 12:50 PM by Howard Bashman



"Is The Supreme Court About To Rule That Software Is Ineligible For Patent Protection?" Law professor Tim Holbrook has this essay online at Forbes.
Posted at 12:43 PM by Howard Bashman


"Supreme Court nominee questioned but no major new revelations": Hawaii News Now has this report.

And Honolulu Civil Beat reports that "Hawaii Senate Committee Finds No Reason to Reject Supreme Court Nominee."
Posted at 09:36 AM by Howard Bashman



"Virginia sterilization victims still waiting for justice": Today's edition of The News & Advance of Lynchburg, Virginia contains this front page article.
Posted at 09:33 AM by Howard Bashman


"Supreme Court To Rule on Cell Phone Privacy: Do cops need a warrant to search your cell phone when you're under arrest?" Damon Root has this essay online at Reason.
Posted at 09:32 AM by Howard Bashman


"Religious-freedom advocates turn from ballot to courtroom": This front page article appears today in The Orange County Register.
Posted at 09:30 AM by Howard Bashman


"Much depends on Ginsburg: The 81-year-old Supreme Court justice should retire this summer to ensure Obama can choose a like-minded successor." Law professor Erwin Chemerinsky has this op-ed in today's edition of The Los Angeles Times.
Posted at 09:25 AM by Howard Bashman


Saturday, March 15, 2014

"The Story behind the Rob Ford Story: A little-known Supreme Court ruling unmuzzled reporters -- and changed Canadian journalism." This cover story appears in the March 2014 issue of The Walrus.
Posted at 03:45 PM by Howard Bashman


"Utah filing: Gay-marriage ruling a 'judicial wrecking ball.'" Brooke Adams of The Salt Lake Tribune has this news update.

And The Deseret News has an update headlined "Affirming same-sex marriage would be 'judicial wrecking ball,' Utah attorneys say."

You can view the reply brief Utah officials filed yesterday in the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 03:21 PM by Howard Bashman



Friday, March 14, 2014

"Alabama same-sex couple denied divorce will pursue court fight": The Huntsville Times has a news update that begins, "A Madison County woman whose bid for a divorce from her same-sex partner was denied in court this week plans to challenge the constitutionality of Alabama's refusal to recognize gay marriage, her lawyer said today."
Posted at 11:44 PM by Howard Bashman


"In Defense of Religious Liberty: Anti-gay bills and the Hobby Lobby case have given religious rights a bad name; But they're still important to fight for." Emily Bazelon has this jurisprudence essay online today at Slate.
Posted at 10:55 PM by Howard Bashman


"A Dragnet at Dewey & LeBoeuf Snares a Minnow": Saturday's edition of The New York Times will contain an article that begins, "'You've been indicted,' an assistant Manhattan district attorney, Peirce Moser, told Zachary Warren, a 29-year-old magna cum laude graduate of Georgetown Law School with a prestigious clerkship on the Federal Court of Appeals for the Sixth Circuit in Memphis."
Posted at 10:52 PM by Howard Bashman


"US judge strikes Arkansas' 12-week abortion ban": The Associated Press has this report.

I have posted at this link today's ruling of the U.S. District Court for the Eastern District of Arkansas.
Posted at 06:30 PM by Howard Bashman



"Tennessee lawyer wants same-sex marriage ruling to open doors": The Tennessean has a news update that begins, "A federal judge in Nashville has granted a preliminary injunction against the state's ban on same-sex marriage."

And The Associated Press has a report headlined "Court: Tenn. must recognize 3 same-sex marriages."

I have posted at this link today's ruling of the U.S. District Court for the Middle District of Tennessee.

Update: In other coverage, Lyle Denniston of "SCOTUSblog" has a post titled "Tennessee ruling on married same-sex couples."
Posted at 06:20 PM by Howard Bashman



"Google to 9th Circuit: Undo unworkable 'Innocence' copyright ruling." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.

This afternoon, the Ninth Circuit issued an order denying en banc review of the three-judge panel's order denying a stay of its takedown order. Yesterday, the Ninth Circuit issued an order giving the plaintiff 21 days to respond to Google's petition for rehearing en banc, so any further developments in this case would appear to be weeks away.
Posted at 06:10 PM by Howard Bashman



"Senate panel delays Costa for 5th Circuit Court": Chuck Lindell of The American-Statesman had this news update yesterday.
Posted at 04:15 PM by Howard Bashman


"Bill Would Open Supreme Court to Audio Live Streaming": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 04:11 PM by Howard Bashman


"Will Justices Ginsburg and Breyer Head for the Exit?" Jonathan Bernstein has this essay online at Bloomberg View.
Posted at 04:08 PM by Howard Bashman


"D.C. Circuit Judge Cornelia Pillard Sworn In": Zoe Tillman has this post today at "The BLT: The Blog of Legal Times."
Posted at 01:55 PM by Howard Bashman


Federal Circuit reinstates patent infringement lawsuit against Google concerning "Street View" function of Google Maps: You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit at this link.
Posted at 12:00 PM by Howard Bashman


"Federal Judge Went Too Far in Lawsuits, a Court Says": Today's edition of The New York Times contains this article reporting on a summary order that a three-judge panel of the U.S. Court of Appeals for the Second Circuit issued on Tuesday.
Posted at 11:03 AM by Howard Bashman


"Appeals court reinstates plan to protect delta smelt": Bob Egelko of The San Francisco Chronicle has this report.

The Los Angeles Times reports that "Federal appeals court upholds delta smelt protections; A panel of the 9th Circuit Court of Appeals concludes that a number of disputed environmental provisions were in fact justified."

The Fresno Bee reports that "San Francisco appeals court upholds plan to protect delta smelt."

Courthouse News Service has a report headlined "Big Win for Little Fish in 9th Circuit."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "Fish Wins Latest California Water Fight."

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 08:44 AM by Howard Bashman



"James Holmes case: Will U.S. Supreme Court weigh in on whether Fox reporter should testify?" Denver's Westword has this blog post.
Posted at 08:40 AM by Howard Bashman


"Conn. Papers Fight Proposals To Alter Publication Of Legal Notices": This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 08:37 AM by Howard Bashman


"Behind Closed Doors: How the Hawaii Bar Rated Judge Mike Wilson." Honolulu Civil Beat has this report.
Posted at 08:32 AM by Howard Bashman


"NPR's Totenberg dishes on U.S. Supreme Court": The Columbia (Mo.) Daily Tribune has this report.
Posted at 08:20 AM by Howard Bashman


Thursday, March 13, 2014

"California Supreme Court chief justice gives insight on state government to students": The Daily Californian has this report.
Posted at 11:09 PM by Howard Bashman


"Second hearing called on Supreme Court nominee": The Honolulu Star-Advertiser has a news update that begins, "The state Senate Judiciary and Labor Committee will hold another hearing on Circuit Judge Michael Wilson's nomination to the state Supreme Court on Saturday after more detailed questions have been raised about his fitness to serve."

And Pacific Business News reports that "Hawaii Supreme Court nominee Michael Wilson to get another hearing."
Posted at 11:07 PM by Howard Bashman



"Google Points Out That Even The Copyright Office Thinks Judge Kozinski's 'Innocence Of Muslims' Ruling Is Wrong": Mike Masnick has this post today at "techdirt."
Posted at 03:49 PM by Howard Bashman


"Actelion loses court bid to toss damage award": Bob Egelko of The San Francisco Chronicle has this report.
Posted at 03:44 PM by Howard Bashman


"Cranky Posner opinion mocks brief, suggests sending lawyer to jail": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.

My earlier coverage of yesterday's Seventh Circuit ruling appears at this link.
Posted at 03:37 PM by Howard Bashman



"Florida Supreme Court throws out 2003 damage caps, centerpiece of Bush reforms": The Miami Herald has this news update.

And The Associated Press reports that "Fla. Supreme Court tosses medical malpractice caps."

You can access today's 5-to-2 ruling of the Supreme Court of Florida, on certified question from the U.S. Court of Appeals for the Eleventh Circuit, at this link.
Posted at 02:48 PM by Howard Bashman



"In drought-stricken California, court rules smelt fish get water": Dan Levine of Reuters has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.

And in other coverage, Jeremy P. Jacobs of Greenwire reports that "Judges uphold federal protection for fish in dispute over Calif. water management."
Posted at 02:40 PM by Howard Bashman



"'Innocence of Muslims' Battle: Copyright Registration Denied, Facebook Weighing In; The latest developments after an appeals court decided that actress Cindy Lee Garcia could assert a copyright interest in her performance." Eriq Gardner has this post today at the "Hollywood, Esq." blog of The Hollywood Reporter.

My posts from last night linking to yesterday's rehearing-related filings in the U.S. Court of Appeals for the Ninth Circuit can be accessed here and here.
Posted at 11:24 AM by Howard Bashman



In recent adult entertainment-related news from the Ninth Circuit: Somehow it managed to elude my attention until today that the U.S. Court of Appeals for the Ninth Circuit heard oral arguments last week in two appeals that this blog has occasionally covered.

Last Tuesday's edition of The Los Angeles Daily News contained an article headlined "Porn industry argues appeal of Los Angeles condom law."

XBIZ Newswire reported last Tuesday that "9th Circuit Hears Vivid's Measure B Appeal."

And MintPress News reports today that "L.A. Law Requiring Condoms On Adult Movie Sets Faces Key Court Test; Could a federal appeals court put a wrap on Measure B, a law requiring condom use on all adult film sets in Los Angeles County?"

On Monday of last week, a three-judge Ninth Circuit panel heard oral argument in Vivid Entertainment v. Fielding. You can access the oral argument audio via this link. The three-judge panel assigned to the case consists of Chief Judge Alex Kozinski, Circuit Judge Susan P. Graber, and U.S. District Judge Jack Zouhary of the Northern District of Ohio sitting by designation.

Two days later, on Wednesday of last week, a three-judge Ninth Circuit panel heard oral argument in United States v. Ira Isaacs. XBIZ Newswire reported last Wednesday that "9th Circuit Hears Ira Isaacs' Obscenity Conviction Appeal."

And Mark Kernes of AVN News reported last Wednesday that "Ninth Circuit Panel Hears Ira Isaacs Obscenity Appeal." (Caution: This AVN News link may contain ad images that may be not safe for work.)

The three-judge panel assigned to the Isaacs appeal consists of Circuit Judges Graber and Mary H. Murguia and Senior Circuit Judge Ferdinand F. Fernandez. You can access the audio of this oral argument via this link.
Posted at 10:46 AM by Howard Bashman



"Court tosses out sentence for Austin killer": Chuck Lindell has this front page article today in The Austin American-Statesman. According to the article, "Maxwell was 17 at the time of the shooting, and the Texas Court of Criminal Appeals ruled that his automatic sentence of life without parole violated the U.S. Constitution's prohibition on cruel and unusual punishment when applied to defendants who were under the age of 18 at the time of the crime."

Yesterday's 5-to-4 ruling of the Court of Criminal Appeals of Texas -- that state's highest court in criminal cases -- consisted of a majority opinion and two dissenting opinions (here and here).

And in somewhat related news from Ohio, The Cincinnati Enquirer today contains an article headlined "Ohio Supreme Court: Reconsider juvenile murder sentence."

You can access yesterday's 5-to-2 ruling of the Supreme Court of Ohio at this link. The court's public information office also issued this summary of the ruling.
Posted at 08:52 AM by Howard Bashman



"Hawaii bar explains reasons for Supreme Court nominee's 'unqualified rating'": Pacific Business News has this report.
Posted at 08:42 AM by Howard Bashman


"Standing by Her Story: Anita Hill Is Celebrated in the Documentary 'Anita.'" Sheryl Gay Stolberg will have this article in Sunday's edition of The New York Times.

And in The Los Angeles Times, Robin Abcarian has an essay titled "Clarence Thomas vs Anita Hill: A new film opens old wounds."
Posted at 08:40 AM by Howard Bashman



"U.S. Supreme Court Shoots Down Street Artists' Rights Case": Newsweek has this report.
Posted at 08:34 AM by Howard Bashman


"Supreme Court won't block ban on guns' high-capacity magazines": Bob Egelko of The San Francisco Chronicle has this report.
Posted at 08:32 AM by Howard Bashman


"Nina Totenberg shares wisdom, jokes from decades of covering U.S. Supreme Court": This article appears today in The Columbia Missourian.
Posted at 08:30 AM by Howard Bashman


Wednesday, March 12, 2014

"Ruling On Gay Juror May Cause Ripples In Same-Sex Marriage Cases": This audio segment appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 11:54 PM by Howard Bashman


Google and YouTube file petition for rehearing en banc challenging Ninth Circuit panel's copyright and take-down rulings in Garcia v. Google: I have posted at this link the petition for rehearing en banc filed tonight in the U.S. Court of Appeals for the Ninth Circuit.

My initial coverage of the divided three-judge panel's ruling can be accessed here.
Posted at 11:20 PM by Howard Bashman



"New Hampshire Nears Repeal of Death Penalty": This article will appear in Thursday's edition of The New York Times.
Posted at 09:02 PM by Howard Bashman


"No Longer Black and White: Why liberals should let California's affirmative-action ban stand." Richard D. Kahlenberg has this jurisprudence essay online at Slate.
Posted at 08:46 PM by Howard Bashman


"Justice Samuel Alito Speaks at Pepperdine Event; U.S. Supreme Court Justice Samuel Alito offers advice to young lawyers and says State of the Union addresses are increasingly difficult for justices to attend": The Malibu Times has this report.
Posted at 08:44 PM by Howard Bashman


Google and YouTube file brief supporting en banc review of Ninth Circuit's refusal to issue a stay of three-judge panel's take-down order in Garcia v. Google pending action on petition for rehearing en banc of underlying three-judge panel's ruling: You can access the brief in support of en banc review of the order denying a stay at this link. The Ninth Circuit had previously ordered the opposing parties to file their views on this issue no later than today.

[Update: I have posted at this link plaintiff Cindy Lee Garcia's brief in response to the en banc call on the stay order filed earlier today.]

Today is also the deadline for Google to file its petition for rehearing en banc of the underlying three-judge panel's decision, which issued 14 days ago. The rehearing petition will be filed later tonight, I am reliably advised. My initial coverage of that ruling can be accessed here.

It is quite possible that the issue concerning en banc review of the stay denial will fall by the wayside if the Ninth Circuit quickly grants en banc review of the underlying three-judge panel's ruling. In the Ninth Circuit, when en banc review is granted, the effect is to vacate the three-judge panel's ruling.
Posted at 08:33 PM by Howard Bashman



"Kline seeks U.S. Supreme Court review of license suspension; Petition asserts Kline punished for political views on abortion": The Topeka Capital-Journal has this report.
Posted at 08:05 PM by Howard Bashman


"Sunnyvale gun law: Supreme Court justice refuses to stay ban on large-capacity magazines." Josh Richman of The Oakland Tribune has this news update.

And The Associated Press reports that "Kennedy denies request to block gun magazine law."
Posted at 08:02 PM by Howard Bashman



"Can police search your phone on arrest? Groups urge Supreme Court to say 'no'; Searching the vast array of personal data in smartphones calls for a warrant." Joe Silver of Ars Technica has this report.
Posted at 07:58 PM by Howard Bashman


"Utah's decision to freeze same-sex marriages debated in court": Brooke Adams of The Salt Lake Tribune has this news update.

The The Deseret News has an update headlined "Utah recognition of same-sex marriage in judge's hands."
Posted at 07:35 PM by Howard Bashman



"House backs bill to sue president over laws": The Associated Press has this report, which states that "Once litigated in district court, any appeals would be decided by the U.S. Supreme Court." The article goes on to say that the proposed legislation has no chance whatsoever of becoming law.
Posted at 05:53 PM by Howard Bashman


"Clarence Thomas Talks": UVA Today has this report.
Posted at 05:51 PM by Howard Bashman


"Sonia Sotomayor: The sincere Supreme Court Justice charms a capacity crowd at Everybody Reads." The Oregonian has this report.
Posted at 05:10 PM by Howard Bashman


"Gun rights plea denied": Lyle Denniston has this updated post at "SCOTUSblog."
Posted at 05:07 PM by Howard Bashman


"Calif. city torn by multiple fights over public crosses": Religion News Service has this report.
Posted at 03:46 PM by Howard Bashman


"3d Circuit Judge to retire!" Today at the "Southern California Appellate News" blog, Ben Shatz has this post noting that Santa Barbara, California-based Senior Third Circuit Judge Ruggero J. Aldisert has announced plans to retire entirely from the federal judiciary this August.
Posted at 03:32 PM by Howard Bashman


"Writing Better, Attention-Grabbing Appellate Briefs": This month's installment of my "Upon Further Review" column appeared in yesterday's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.
Posted at 02:40 PM by Howard Bashman


"Can the U.S. Government Declare a State Constitution 'Un-Republican'? A lawsuit challenging Colorado's Taxpayer Bill of Rights raises uncomfortable questions about federalism and the Constitution's Guaranty Clause." Law professor Garrett Epps has this essay online today at The Atlantic.

My earlier coverage of last Friday's Tenth Circuit ruling appears at this link.
Posted at 01:46 PM by Howard Bashman



"The defendants' appeal brief is a gaunt, pathetic document," and for good measure the Seventh Circuit in this civil case directs "the district court to determine whether the defendants should be jailed": Circuit Judge Richard A. Posner delivered this opinion today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.

The audio from the oral argument of this appeal, which occurred less than a month ago, can be accessed via this link.
Posted at 01:36 PM by Howard Bashman



"Senate confirms first Utah woman to 10th Circuit Court bench": Thomas Burr of The Salt Lake Tribune has this news update.

You can view the U.S. Senate's official roll call tally at this link.
Posted at 11:44 AM by Howard Bashman



"Judge upholds Missouri limit on funeral protests": The Associated Press has a report that begins, "A federal judge has upheld a Missouri law requiring protesters to stay at least a football-field length away from funeral sites, beginning an hour before they start until an hour after the services end."

I have posted online at this link Monday's ruling of the U.S. District Court for the Western District of Missouri in Phelps-Roper v. Nixon.
Posted at 08:20 AM by Howard Bashman



Tuesday, March 11, 2014

"How a Court Secretly Evolved, Extending U.S. Spies' Reach": In Wednesday's edition of The New York Times, Charlie Savage and Laura Poitras will have an article that begins, "Ten months after the Sept. 11 attacks, the nation's surveillance court delivered a ruling that intelligence officials consider a milestone in the secret history of American spying and privacy law."
Posted at 08:42 PM by Howard Bashman


"'Procedures Involving Gravely Immoral Practices': What the religious right really thinks of birth control." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 07:24 PM by Howard Bashman


In retrospect, perhaps the appellate court didn't take long enough to decide the case: On February 28, 2014, I had a post linking to an article published in The Philadelphia Inquirer that day headlined "Sprague motion: Lower court tardy, so yank case."

Today, the Superior Court of Pennsylvania issued this decision in the case, which coincidentally goes against the parties who were arguing that the appellate court was taking too long to decide the appeal.
Posted at 04:55 PM by Howard Bashman



"Court: Unplayed Blagojevich tapes to stay sealed." The Associated Press has this report.
Posted at 04:50 PM by Howard Bashman


"He's alive!" Senior U.S. District Judge Richard G. Kopf had this health-related post last Friday at his "Hercules and the Umpire" blog.
Posted at 04:37 PM by Howard Bashman


"Has Supreme Court lost its zeal to curb consumer class actions?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 04:12 PM by Howard Bashman


"Justice Sotomayor shares some of life's lessons with UW students; U.S. Supreme Court Justice Sonia Sotomayor spoke to a packed crowd of 1,200, mostly students, at the UW campus Monday": The Seattle Times has this report.
Posted at 04:11 PM by Howard Bashman


"San Jose wants to overturn baseball's antitrust exemption": Sasha Volokh has this post today at "The Volokh Conspiracy."
Posted at 01:50 PM by Howard Bashman


"Will Alabama grant same-sex couple's request for divorce?" Brian Lawson of The Huntsville Times has an article that begins, "A same-sex couple who married in Iowa in 2012 has filed for divorce in Alabama, creating a potentially complex court challenge in a state that does not recognize same-sex marriage."
Posted at 01:40 PM by Howard Bashman


"Alaska Supreme Court in crossfire over how how judges are nominated": Alaska Dispatch has this report.
Posted at 01:36 PM by Howard Bashman


"Supreme Court eyeing Takeda whistleblower drug suit": CNBC has this report.
Posted at 01:18 PM by Howard Bashman


"Media groups ask Supreme Court to open hearings to cameras": Bob Egelko of The San Francisco Chronicle has this report.
Posted at 01:12 PM by Howard Bashman


"Trial begins on Bible-themed monument in Bloomfield": Today's edition of The Albuquerque Journal contains a front page article that begins, "A federal judge this week will consider whether a 3,000-pound monument inscribed with the Ten Commandments on the front lawn of Bloomfield City Hall violates the religious freedoms of two of the city's residents."
Posted at 10:46 AM by Howard Bashman


"Constitution Check: How free are students to comment on public policy issues?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:44 AM by Howard Bashman


"Supreme Court Sides With Landowner in Rails-to-Trails Case": Jess Bravin has this article today in The Wall Street Journal.

Robert Barnes of The Washington Post reports that "Court sides with landowner over abandoned railroad right of way."

And David G. Savage of The Los Angeles Times reports that "Supreme Court deals setback to rails-to-trails movement; The justices rule 8-1 in favor of landowner Marvin Brandt of Wyoming, saying he is not required to grant a right of way through his property."
Posted at 09:57 AM by Howard Bashman



"U.S. top court case highlights unsettled science in contraception": Sharon Begley of Reuters has a report that begins, "As the U.S. Supreme Court prepares to hear a religious dispute over the Obamacare contraception mandate, advocates on both sides are trying to set the court straight on the science."
Posted at 09:55 AM by Howard Bashman


"Kentucky Supreme Court justice in line for Court of Appeals job": The Courier-Journal of Louisville, Kentucky has an article that begins, "Kentucky Supreme Court Justice Lisabeth Hughes Abramson of Louisville is being vetted by the FBI for a seat on the U.S. Court of Appeals' 6th Circuit."
Posted at 09:48 AM by Howard Bashman


"Appeals court to consider both challenges to Va. ban on same-sex marriage": This article appears today in The Richmond Times-Dispatch.
Posted at 09:46 AM by Howard Bashman


"Supreme Court won't hear appeal of dispute over Episcopal Church's property in Va." The Washington Post has this report.
Posted at 09:45 AM by Howard Bashman


"Supreme Court's refusal to hear 'I (heart) Boobies!' case not surprising, expert says": The Express-Times of Easton, Pennsylvania has this report.

And Warren Richey of The Christian Science Monitor reports that "Student free speech prevails, as Supreme Court refuses 'boobies' bracelet case."
Posted at 09:44 AM by Howard Bashman



Monday, March 10, 2014

"D.C. Circuit sidesteps origination clause challenge to Obamacare": Today at "The Volokh Conspiracy," Jonathan H. Adler has this post discussing a ruling that the U.S. Court of Appeals for the D.C. Circuit issued last Friday.
Posted at 11:26 PM by Howard Bashman


"Conviction for Bribing Congressman Upheld": At her "Trial Insider" blog, Pamela A. MacLean has this post reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 11:22 PM by Howard Bashman


"Supreme Court Wakes Up in 1875": Law professor Noah Feldman has this essay online tonight at Bloomberg View.

And last Thursday he had an essay titled "Supreme Court Isn't Impressed by Market Efficiency."
Posted at 11:20 PM by Howard Bashman



"Sotomayor Earns Another Scolding As She Breaks From Majority In Railroad Case": Daniel Fisher has this post today at Forbes.com.
Posted at 09:56 PM by Howard Bashman


"U.S. gay rights ruling won't be appealed, company says": Dan Levine of Reuters has this report.
Posted at 09:04 PM by Howard Bashman


"NRA seeks to block gun magazine ban": The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "New test of gun rights."
Posted at 05:32 PM by Howard Bashman



"US appeals court sets Va. same-sex case for May": The Associated Press has this report.
Posted at 03:54 PM by Howard Bashman


"Supreme Court rules against Forest Service in 'blow to rail-trail efforts'": Jeremy P. Jacobs of Greenwire has this report.
Posted at 03:52 PM by Howard Bashman


"Coalition Pushes Cameras in U.S. Supreme Court": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 03:30 PM by Howard Bashman


"Teva Copaxone Appeal Action Delayed by U.S. Supreme Court": Greg Stohr of Bloomberg News has this report.
Posted at 03:04 PM by Howard Bashman


"Senate set to elevate Utah judge to 10th Circuit": Thomas Burr of The Salt Lake Tribune has this news update.
Posted at 03:02 PM by Howard Bashman


"Deciding If Death Row Inmates Get to Know How They'll Be Killed": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 03:00 PM by Howard Bashman


"U.S. Supreme Court will not hear Easton's appeal on Boobies bracelets": Peter Hall of The Morning Call of Allentown, Pennsylvania has this news update.

And USA Today reports that "Supreme Court declines to hear 'boobies' bracelet case."
Posted at 01:47 PM by Howard Bashman



"Securities Suit Deadlines Get U.S. Supreme Court Scrutiny": Greg Stohr of Bloomberg News has this report.

And Lawrence Hurley of Reuters reports that "U.S. Supreme Court to decide if IndyMac MBS plaintiff filed too late."

Update: In other coverage, at "SCOTUSblog" Lyle Denniston has a post titled "Another look at class-action cases."
Posted at 01:27 PM by Howard Bashman



"The Tenth Circuit announced today that it will bypass normal procedure and post audio online from the historic argument on Utah's same-sex marriage ban": So begins a post that Michelle Olsen has today at her "Appellate Daily" blog.

You can access today's order of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 01:20 PM by Howard Bashman



Access online today's ruling of the U.S. Supreme Court in an argued case: Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Marvin M. Brandt Revocable Trust v. United States, No. 12-1173. Justice Sonia Sotomayor issued a dissenting opinion. You can access the oral argument via this link.

Update: In news coverage, Richard Wolf of USA Today reports that "Court ruling in land dispute could threaten bike trails."

Mark Sherman of The Associated Press reports that "Court rules for landowner in trail dispute."

Greg Stohr of Bloomberg News reports that "Trail Ownership in Doubt as Supreme Court Backs Landowner."

Lawrence Hurley of Reuters reports that "U.S. justices deliver blow to 'rails-to-trails' policy."

And at "SCOTUSblog," Lyle Denniston has a post titled "Opinion analysis: Victory -- and money -- for landowners."
Posted at 10:06 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 granted review in one case and called for the views of the Solicitor General in two cases.

In early news coverage, The Associated Press reports that "Court won't hear dispute over 'boobies' bracelets" and "Court declines to take up Episcopal Church dispute."

Lawrence Hurley of Reuters reports that "Supreme court declines to hear 'I (heart sign) boobies' case."

And at the "School Law" blog of Education Week, Mark Walsh has a post titled "Supreme Court Declines District's Appeal in 'Boobies' Student-Speech Case."
Posted at 09:35 AM by Howard Bashman



Sunday, March 9, 2014

"Court hears atheists' challenge to Ground Zero cross": Religion News Service has this report.
Posted at 09:32 PM by Howard Bashman


"Death penalty in U.S. spurs Wild West scramble for drugs; Capital punishment in the USA is in decline as states wrestle to find drugs for lethal injections": USA Today has this report.
Posted at 09:25 PM by Howard Bashman


"He Looked Hate in the Eye: A gay father, a dead son -- and the bigoted church that judged them both wrong." Michael Smerconish has this article online at Politico Magazine.
Posted at 08:47 PM by Howard Bashman


"Toews now a possible candidate for Supreme Court": Sean Fine and Bill Curry of The Toronto Globe and Mail have this report.
Posted at 01:33 PM by Howard Bashman


"A Hobbesian choice: Religious freedom in the business world." Hannah Smith has this op-ed today in The Deseret News.
Posted at 01:05 PM by Howard Bashman


"A look at the campaign that scuttled civil rights nominee": This lengthy article appears today in The Philadelphia Inquirer.
Posted at 09:57 AM by Howard Bashman


"Will U.S. Supreme Court Hear 'I (Heart) Boobies' Case?" Philadelphia's NBC10.com has this report.
Posted at 09:56 AM by Howard Bashman


Saturday, March 8, 2014

"In Prop. 8 ruling's wake, initiative sponsors take protective steps; Mindful of the Supreme Court ruling against Proposition 8, California initiative sponsors build in language so they can defend their measures if the state does not": Maura Dolan will have this article in Sunday's edition of The Los Angeles Times.
Posted at 10:45 PM by Howard Bashman


"Kansas Supreme Court's school finance ruling seen by many as win for both sides": This article will appear in Sunday's edition of The Wichita Eagle.
Posted at 10:44 PM by Howard Bashman


"Google battles legal fallout of copyright ruling on anti-Islamic film; Actor with five-second role blocks distribution online; Court decision could have major implications, expert warns": The Guardian (UK) has this report today.

And at "The Volokh Conspiracy," David Post has a blog entry titled "Why Google Shouldn't Be the Copyright Court of Last Resort."
Posted at 01:42 PM by Howard Bashman



"Judge: Gay marriage trial ruling within 2 weeks." The Associated Press has a report that begins, "A federal judge said he expects to make a decision within two weeks of Friday's closing arguments in a challenge to Michigan's ban on same-sex marriage."
Posted at 01:35 PM by Howard Bashman


"Courts In 9 Western States To Review Anti-Gay Laws More Closely; Appeals court decision on 'heightened scrutiny' for sexual orientation claims stands, LGBT rights group says; A decision about jury selection could prove to be the key to coming legal fights": Chris Geidner of BuzzFeed has this report today.
Posted at 01:25 PM by Howard Bashman


"At 50, landmark libel case relevant in digital age": The Associated Press has this report.
Posted at 10:52 AM by Howard Bashman


"Federal appeals court rules Colorado TABOR lawsuit can move forward": Today's edition of The Denver Post contains an article that begins, "A federal appeals court on Friday said it would allow a lawsuit challenging the constitutionality of Colorado's Taxpayer's Bill of Rights to go forward."

And The Associated Press reports that "Challenge to TABOR wins round in court; Lawsuit contesting Colorado tax limits could affect other states."

You can access yesterday's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 08:06 AM by Howard Bashman



Friday, March 7, 2014

"Chevron's U.S. win in Ecuador case looms over cases elsewhere": Reuters has this report.
Posted at 05:28 PM by Howard Bashman


In the March 2014 issue of California Lawyer magazine: Pamela MacLean has an article headlined "Obama's Judges."

And Kelly O'Mara has an article headlined "It's Not Just About the Oysters: Legal battles between an oyster company and the park service break the peace at Point Reyes National Seashore."
Posted at 04:05 PM by Howard Bashman



"ACLU asks appeals court to undo phone data ruling": The Associated Press has this report.

You can view at this link the Brief for Appellants filed late yesterday in the U.S. Court of Appeals for the Second Circuit.
Posted at 03:08 PM by Howard Bashman



"Colorado theater shooter lawyers ask Supreme Court for reporter's sources": Reuters has this report.
Posted at 01:56 PM by Howard Bashman


"After ruling, Massachusetts bans 'upskirt' photos": The Associated Press has this report.
Posted at 01:52 PM by Howard Bashman


"Colleges Straining to Restore Diversity; Bans on Race-Conscious Admissions Upend Racial Makeup at California Schools" This article appears today in The Wall Street Journal.
Posted at 01:22 PM by Howard Bashman


"Supreme Victory: After 'surreal' hearing, Senate panel advances Mike Wilson's high court nomination." Honolulu Civil Beat has this report today.
Posted at 01:06 PM by Howard Bashman


"Under the facts of this case, the district court panel did not apply the correct test to determine whether the State met its duty to provide adequacy in K-12 public education as required under Article 6 of the Kansas Constitution." So ruled a unanimous Supreme Court of Kansas in a 110-page per curiam decision issued today.

Last night, I collected news coverage anticipating today's ruling in a post you can access here.

Update: In early news coverage of today's ruling, The Associated Press reports that "Kansas high court: School funding unconstitutional."

Tim Carpenter of The Topeka Capital-Journal has a news update headlined "Supreme Court: Kansas funding unconstitutional on 'equity' grounds; Justices order lower court to reconsider 'adequacy' issues."

Brad Cooper of The Kansas City Star has a news update headlined "Kansas Supreme Court: Change school aid formula and study whether to spend more."

And The Wichita Eagle reports that "Kansas Supreme Court finds inequities in school funding, sends case back to trial court."
Posted at 10:36 AM by Howard Bashman



"Condom piercer loses Supreme Court appeal; Craig Jaret Hutchinson convicted in December 2011 and sentenced to 18 months in prison": CBC News has this report.

Sean Fine of The Toronto Globe and Mail has a news update headlined "Man who sabotaged condoms guilty of sexual assault, top court rules."

The Canadian Press reports that "Supreme Court upholds conviction in tampered condoms case."

CTVNews reports that "SCC upholds conviction in condom-poking case."

Reuters reports that "Canadian guilty of sexual assault after piercing condom."

And in early commentary on the ruling, law professor Angela Campbell has an essay titled "Condom case reaffirms the ability to make meaningful choices" online at The Toronto Globe and Mail.

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



"Closing arguments today in Michigan same-sex marriage trial": The Detroit Free Press has this report. Earlier yesterday, the newspaper reported that "State's last witness says unrepentant homosexuals are going to hell."

And in other coverage, The Detroit News has a report headlined "Closing arguments on tap for Michigan's gay marriage, adoption trial." Earlier yesterday, the newspaper had a report headlined "Expert in same-sex adoption trial: Homosexuals are going to hell."
Posted at 08:36 AM by Howard Bashman



"Michigan Supreme Court weighs if juveniles serving life should be resentenced": Paul Egan of The Detroit Free Press has this report.

And from Florida, The Associated Press has a report headlined "Supreme Court gets case on juvenile life sentences" that begins, "The lawyer for a woman who helped commit a murder when she was 15 told the Florida Supreme Court she deserves a new sentencing hearing because of a federal ban on mandatory life-without-parole sentences for juveniles."
Posted at 08:32 AM by Howard Bashman



"Iowa Poll: Top gay marriage response -- A shrug; Analysts: Attitude reflects national shift toward acceptance." This front page article appears today in The Des Moines Register.
Posted at 08:29 AM by Howard Bashman


"Top court to weigh whether a contraception deception is sex assault": Sean Fine of The Toronto Globe and Mail has a report that begins, "Craig Jaret Hutchinson of Nova Scotia was afraid his girlfriend of nine or 10 months intended to leave him, so he poked pin-sized holes in condoms and got her pregnant. On Friday, the Supreme Court of Canada will decide whether his deception constituted sexual assault, in a case that could alter the definition of consent."

And CBC News has a report headlined "Condom piercer Supreme Court decision expected today; Craig Jaret Hutchinson convicted in December 2011 and sentenced to 18 months in prison."

Once it becomes available, I will provide a link to today's ruling of the Supreme Court of Canada in this case.
Posted at 08:24 AM by Howard Bashman



"Senators recommend confirmation of Wilson to high court": The Honolulu Star-Advertiser has this report.

Earlier, The Associated Press had a report headlined "Bar group: Hawaii high court pick 'unqualified.'"
Posted at 08:16 AM by Howard Bashman



Thursday, March 6, 2014

"Supreme Court to issue school-finance ruling Friday; Governor, legislators await appellate decision in high-stakes education case": The Topeka Capital-Journal has this news update.

Brad Cooper of The Kansas City Star has a news update headlined "Kansas Supreme Court will hand down school finance decision Friday."

The Wichita Eagle has a news update headlined "Kansas Supreme Court to announce ruling on school funding case Friday."

And The Lawrence Journal-World has a news update headlined "Kansas Supreme Court to announce long-awaited school finance ruling."
Posted at 11:27 PM by Howard Bashman



"Legislature gives swift approval to voyeurism measure": The Boston Globe has a blog post that begins, "Fueled by public outcry, a bill to outlaw what's known as 'upskirting,' the practice of secretly snapping certain sexual photos, rocketed through the Massachusetts Legislature Thursday in an extraordinary show of legislative will."
Posted at 11:20 PM by Howard Bashman


"Prisoners lose in damage claim over lack of health care": Bob Egelko of The San Francisco Chronicle has this report.

Courthouse News Service reports that "Narrow En Banc Majority Clears Prison Dentist."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "No Money for Prison Dental Care, No Problem."

My earlier coverage of today's en banc Ninth Circuit ruling appears at this link.
Posted at 11:08 PM by Howard Bashman



"KBR, Halliburton Found Not Immune in Burn-Pit Suits": Bloomberg News has this report.

And The Associated Press reports that "Lawsuits revived by soldiers over waste disposal."

You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 10:18 PM by Howard Bashman



"Maggio announces withdrawal from Court of Appeals race": This article appears today in The Log Cabin Democrat of Conway, Arkansas.

The Arkansas Times has a blog post titled "Judge Mike Maggio withdraws from Court of Appeals race; acknowledges web postings."

And The Associated Press reports that "Arkansas judge's online comments investigated."
Posted at 03:36 PM by Howard Bashman



"9th Cir. judge calls on full court to reconsider Google's request to stay takedown order of YouTube video": Mike Scarcella has this tweet linking to today's order of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 02:55 PM by Howard Bashman


"Florida Supreme Court rules Tampa immigrant can't join Bar": The Tampa Bay Times has a news update that begins, "In a long-anticipated decision, the Florida Supreme Court ruled Thursday that Tampa immigrant and FSU law school graduate Jose Godinez-Samperio cannot be admitted to the Florida Bar."

The Orlando Sentinel has a news update headlined "Florida Supreme Court: Immigrants in the U.S. illegally cannot be lawyers in Florida."

And The Associated Press has a report headlined "Fla. high court: Immigrant can't get law license.."

You can access today's ruling of the Supreme Court of Florida at this link.
Posted at 02:30 PM by Howard Bashman



"We consider whether prison officials sued for money damages under 42 U.S.C. sec. 1983 may raise a lack of available resources as a defense." So begins the majority opinion that the en banc U.S. Court of Appeals for the Ninth Circuit issued today.

As to that central question presented, the en banc court ruled 6-to-5 against the plaintiff, who had alleged deliberate indifference to his medical needs in connection with dental care.
Posted at 01:38 PM by Howard Bashman



"Sunnyvale's gun limit upheld in court": Bob Egelko of The San Francisco Chronicle has an article that begins, "A federal judge on Wednesday allowed Sunnyvale to enforce a voter-approved ban on large-capacity gun magazines, saying it would have little impact on the constitutional right to possess firearms for self-defense."

Josh Richman of The Oakland Tribune reports that "Sunnyvale's new gun controls take effect."

The Associated Press reports that "Judge upholds California city's gun magazine ban."

And at her "Trial Insider" blog, Pamela A. MacLean has a post titled "High-Capacity Gun Magazine Ban Upheld."

I have posted online at this link yesterday's ruling of the U.S. District Court for the Northern District of California.
Posted at 01:30 PM by Howard Bashman



"San Jose v. MLB: City pushes antitrust case over Oakland A's move." Howard Mintz has this article in today's edition of The San Jose Mercury News reporting on the Brief for Appellants that the City of San Jose filed yesterday in the U.S. Court of Appeals for the Ninth Circuit.
Posted at 01:18 PM by Howard Bashman


On today's broadcast of NPR's "Morning Edition": The broadcast contained segments titled "Anti-Muslim Video Still Stirring Controversy In The Courtroom" and "U.S. Judge Sides With Chevron In Amazon Pollution Case."
Posted at 11:06 AM by Howard Bashman


"After the Veto": Online at The New York Times, Linda Greenhouse has an essay that begins, "Once Gov. Jan Brewer of Arizona yielded to the country's political, business and sports establishment last week and vetoed the nasty measure known as S.B. 1062, the furor died down."
Posted at 11:03 AM by Howard Bashman


"Marriage equality is good for business, groups say; In amicus brief, they say bans hurt ability to hire and retain talent": Brooke Adams has this article today in The Salt Lake Tribune.
Posted at 11:00 AM by Howard Bashman


"Does Warner Bros. Own the Batmobile? Holy copyright fight, Batman! The studio's DC Comics heads for an appeals-court showdown over knockoff cars." Eriq Gardner has this post today at the "Hollywood, Esq." blog of The Hollywood Reporter.
Posted at 10:58 AM by Howard Bashman


"The Senate Decides Being A Lawyer Disqualifies You From Holding A Legal Post": Jennifer Bendery and Ryan J. Reilly of The Huffington Post have this report.
Posted at 08:37 AM by Howard Bashman


"Supreme Court says it cannot alter deadline set by international accord on child abduction": Robert Barnes of The Washington Post has this report.

And at Bloomberg View, law professor Noah Feldman has an essay titled "Supreme Court Has an Eminem Moment."
Posted at 08:33 AM by Howard Bashman



"Pa. Supreme Court Justice sues Inquirer, others": Dave Davies has this blog post at NewsWorks, the online home of WHYY News.
Posted at 08:32 AM by Howard Bashman


"Juvenile lifers on docket at Michigan Supreme Court": The Detroit Free Press has this report.

And MLive.com reports that "Resentencing for juvenile lifers? Three cases, six questions before Michigan Supreme Court today."
Posted at 08:30 AM by Howard Bashman



"Justices May Limit Securities Fraud Suits": 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 treads middle ground in debate over securities-fraud lawsuits."

In today's edition of The Los Angeles Times, David G. Savage has an article headlined "Supreme Court is unlikely to halt class-action stock fraud lawsuits; U.S. corporations may fall short in a bid to get the Supreme Court to reverse a ruling that led to a flood of class-action cases against companies."

In today's edition of The Wall Street Journal, Brent Kendall has an article headlined "Justices Weigh Precedent on Securities Suits; High Court Hears Oral Arguments on Class Action Against Halliburton." You can freely access the full text of the article via Google.

At Bloomberg Views, Matt Levine has an essay titled "Supreme Court Has Some Theories on Market Efficiency."

And at Mayer Brown's "Class Defense" blog, Andrew J. Pincus has a post titled "Reading the Halliburton Argument's Tea Leaves."
Posted at 08:15 AM by Howard Bashman



Wednesday, March 5, 2014

"Massachusetts Supreme Judicial Court: Upskirt photos not illegal under state law." Garrett Quinn of The Republican of Springfield, Massachusetts has this news update, along with news updates headlined "Massachusetts legislature must revamp upskirting laws, says Suffolk DA Dan Conley, Senate President Therese Murray" and "House Speaker Robert DeLeo vows to work to update state law after SJC's ruling on upskirt photos,"

The Boston Herald has a news update headlined "High court rules 'upskirt' photos legal in Massachusetts."

The Boston Globe has a news update headlined "Speaker DeLeo vows to fix law after ruling says 'upskirting' -- shooting a picture under a woman's dress -- is legal."

And The Associated Press has a report headlined "Mass. court: Subway 'upskirt' photos not illegal."

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

This blog's earlier coverage of the oral argument of this appeal, which includes a link to the video of the oral argument, can be accessed here.
Posted at 05:38 PM by Howard Bashman



"Supreme Court Appears Ready to Rule for Police in Deadly Car Chase; Qualified immunity will likely be extended to officers who used deadly force": Damon Root has this essay today at Reason.com.
Posted at 05:09 PM by Howard Bashman


"The Senate's Hierarchy of Victimhood": Jesse Wegman has this post today at the "Taking Note" blog of The New York Times, wherein he asks, "Under the new hierarchy of victimhood that today's vote appears to establish, is it safe to assume that if one of [John Errol] Ferguson's victims had been a cop, John Roberts would not now be on the Supreme Court?"
Posted at 05:06 PM by Howard Bashman


"At Halliburton argument, justices show little appetite for killing Basic": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 04:23 PM by Howard Bashman


"EPA asks court for 'voluntary remand' of controversial boiler rules": Jeremy P. Jacobs of Greenwire has this report.
Posted at 03:32 PM by Howard Bashman


"Laycock to Argue Prisoner Religious Liberty Case Before U.S. Supreme Court": The University of Virginia School of Law issued this news release today.
Posted at 02:44 PM by Howard Bashman


"With billions at stake, U.S. court weighs Madoff clawback claims; Appeals court reviews clawbacks from Madoff customers; Trustee seeks 6-year window for recovering money": Jonathan Stempel of Reuters has this report.
Posted at 02:40 PM by Howard Bashman


USA v. Andrew Auernheimer to be argued before a three-judge panel of the U.S. Court of Appeals for the Third Circuit on Wednesday, March 19, 2014: The three-judge panel assigned to hear and decide the appeal will consist of Circuit Judges Michael A. Chagares, Joseph A. Greenaway, Jr., and Thomas I. Vanaskie. The Third Circuit posts oral argument audio online, so I will link to the audio of this oral argument after it occurs.

Electronic Frontier Foundation has this page providing access to appellate filings in the case.
Posted at 12:57 PM by Howard Bashman



"U.S. High Court Seeks Middle Ground on Shareholder Suits": Greg Stohr and Jef Feeley of Bloomberg News have this report.

Lawrence Hurley of Reuters reports that "U.S. justices searching for middle ground in major securities case."

The Associated Press reports that "Court weighs class-action securities suits change."

And Richard Wolf of USA Today reports that "Supreme Court seeks compromise in securities fraud case; Landmark 1988 opinion that allowed class action lawsuits based on investors' trust in market prices teeters, but may not be toppled."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317.
Posted at 12:46 PM by Howard Bashman



"TPM Interview: Why Kentucky's Attorney General Refuses To Defend His State's Anti-Gay Law." Sahil Kapur of TPM DC has this report today.
Posted at 11:33 AM by Howard Bashman


"Court Backs Whistleblower Protection for Private Contractors; Supreme Court Says Sarbanes-Oxley Law Applies in Fidelity Case": Brent Kendall has this article today in The Wall Street Journal.
Posted at 10:24 AM by Howard Bashman


"A Controversial YouTube Video Haunts Free Speech Again": Michael Phillips has this blog post online at The New Yorker.
Posted at 10:22 AM by Howard Bashman


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

1. Justice Elena Kagan delivered the opinion of the Court in Rosemond v. United States, No. 12-895. Justice Antonin Scalia joined in the majority opinion with the exception of two footnotes. And Justice Samuel A. Alito, Jr. issued an opinion concurring in part and dissenting in part, in which Justice Clarence Thomas joined. You can acces the oral argument via this link.

2. Justice Stephen G. Breyer delivered the opinion of the Court in BG Group plc v. Republic of Argentina, No.12-138. Justice Sonia Sotomayor issued an opinion concurring in part. And Chief Justice John G. Roberts, Jr. issued a dissenting opinion, in which Justice Anthony M. Kennedy joined. You can access the oral argument via this link.

3. And Justice Thomas delivered the opinion of the Court in Lozano v. Montoya Alvarez, No. 12-820. Justice Alito issued a concurring opinion, in which Justices Breyer and Sotomayor joined. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that "Justices order new look at Utah gun conviction"; "Court upholds $185 million award against Argentina" and "High court sides with parent who fled with child."

Lawrence Hurley of Reuters reports that "U.S. top court rules against Argentina in arbitration fight."

And Greg Stohr of Bloomberg News reports that "BG Wins as Court Restores $185 Million Argentina Award."
Posted at 10:05 AM by Howard Bashman



"Conservatives Fail to Revive Group Home Ban": At her "Trial Insider" blog, Pamela A. MacLean has this post about a dissent from the denial of rehearing en banc in which five judges serving on the U.S. Court of Appeals for the Ninth Circuit joined yesterday.
Posted at 08:44 AM by Howard Bashman


"Justices Unite on Key Point in Chase Ending in Fatal Police Shooting": Adam Liptak has this article today in The New York Times.

Robert Barnes of The Washington Post reports that "Supreme Court justices grill plaintiff's lawyer in suit over police chase that ended in 2 deaths."

And Bill Mears of CNN.com reports that "Justices seem to side with police in deadly chase case."
Posted at 08:20 AM by Howard Bashman



"Utah Supreme Court hears hotly contested water war on oil sands development": This article appears today in The Deseret News.

And today's edition of The Salt Lake Tribune contains an article headlined "Utah Supreme Court hears challenge to tar sands permit; If permit is upheld, drilling could begin this spring."
Posted at 08:16 AM by Howard Bashman



"Republican Group Urges Court to Back Gay Marriage in Utah": Bloomberg News has this report.
Posted at 08:14 AM by Howard Bashman


"Court weighs securities fraud class-action cases": The Associated Press has this report.

Richard Wolf of USA Today reports that "Supreme Court case may limit securities fraud suits; A majority of justices are expected to side with companies that want to reduce their exposure to class action claims, but a 1988 precedent stands in the way."

At WSJ.com's "Law Blog," Jacob Gershman has a post titled "For Class Action Defense Lawyers, A Supreme Court Win May Come at a Price."

In commentary, online at Slate, Chanakya Sethi has a jurisprudence essay titled "The Gift of Halliburton: Will a case against the company kill shareholder lawsuits at the Supreme Court?"

And at Bloomberg View, Jonathan Weil has an essay titled "A Semi-Defense of the Efficient-Market Hypothesis."
Posted at 08:00 AM by Howard Bashman



Tuesday, March 4, 2014

"When Prosecutors Admit to Cheating: Federal attorneys in San Diego knew they had gotten an unfair conviction; And to their immense credit, they asked an appeals court to make things right." Andrew Cohen has this essay online at The Atlantic.
Posted at 11:30 PM by Howard Bashman


"As Basic hangs in the balance, next SCOTUS securities case looms": Alison Frankel's "On the Case" from Thomson Reuters News & Insight today has this report.
Posted at 11:27 PM by Howard Bashman


"Ex-U.Va. lacrosse player's murder conviction upheld": Frank Green of The Richmond Times-Dispatch has a news update headlined "The Virginia Court of Appeals on Tuesday upheld the second-degree murder conviction of George Huguely V, convicted of killing fellow University of Virginia student Yeardley Love."

The Baltimore Sun has a news update headlined "Virginia court upholds murder conviction in killing of Yeardley Love; George Huguely's lawyers had appealed 2012 conviction."

And The Associated Press reports that "Huguely murder conviction upheld."

You can access today's ruling of the Court of Appeals of Virginia at this link.
Posted at 11:18 PM by Howard Bashman



"Fight over cross heads to Supreme Court": The San Diego Union-Tribune has this news update.

And The Associated Press reports that "Group asks Supreme Court to allow California cross."
Posted at 10:04 PM by Howard Bashman



"State high court seems to favor naming police officers in shootings": Maura Dolan of The Los Angeles Times has this news update.
Posted at 07:40 PM by Howard Bashman


"German home-school family won't be deported": The Associated Press has this report.
Posted at 04:46 PM by Howard Bashman


"Does Precedent or Congressional Action Prevent the Supreme Court from Reconsidering the Fraud-on-the Market Doctrine in Halliburton?" Attorney Andrew J. Pincus has this post today at Mayer Brown's "Class Defense" blog.
Posted at 02:11 PM by Howard Bashman


"Federal Judge Rules for Chevron in Ecuadorean Pollution Case": The New York Times has this news update.

And The Wall Street Journal has a news update headlined "Chevron Wins Civil Suit Fighting $9.5 Billion Judgment; U.S. Judge Says 2011 Ecuador Decision Against Oil Company Obtained by 'Corrupt' Means." You can freely access the full text of this article via Google.

My earlier coverage of today's ruling appears at this link.
Posted at 01:40 PM by Howard Bashman



"Argument analysis: To decide, or not." At "SCOTUSblog," Lyle Denniston has a post that begins, "The more questions the Supreme Court Justices asked on Tuesday about the facts in a high-speed police chase case, the more they showed a willingness -- maybe even an eagerness -- to rule for the police."

Update: In other coverage, Mark Sherman of The Associated Press reports that "High court appears to favor police sued over chase."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Plumhoff v. Rickard, No. 12-1117.
Posted at 01:25 PM by Howard Bashman



"BP Must Live With Oil-Spill Settlement Terms, Court Rules": Bloomberg News has this report.

And The Times-Picayune of New Orleans reports that "In BP oil disaster, appeals court rules claimants need not prove direct harm."

My earlier coverage of yesterday's Fifth Circuit ruling can be accessed here.
Posted at 01:22 PM by Howard Bashman



"Justices give whistle-blower protections to contractors; The case grew out of legislation passed by Congress in the wake of the Enron scandal in 2001": Richard Wolf of USA Today has this report.

Lawrence Hurley of Reuters reports that "U.S. justices extend employee whistleblower protections."

And Greg Stohr of Bloomberg News reports that "Sarbanes-Oxley Whistle-Blower Shield Expanded by Court."
Posted at 01:14 PM by Howard Bashman



"Beshear: Outside lawyer to appeal Kentucky gay-marriage ruling after attorney general refuses." The Louisville Courier-Journal has this news update.

The Lexington Herald-Leader has a news update headlined "Beshear: Ky. will appeal federal judge's ruling in same-sex marriage case without Conway."

And The Associated Press reports that "Ky. to use outside counsel in gay-marriage case."
Posted at 11:54 AM by Howard Bashman



Sixth Circuit affirms the rejection of various federal constitutional challenges to provisions of the Ohio Dangerous Wild Animals and Restricted Snakes Act: You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 11:22 AM by Howard Bashman


"NY judge rules for Chevron in Ecuador case": The Associated Press has a report that begins, "A New York judge says Amazon rainforest residents who obtained a multibillion-dollar judgment against Chevron in Ecuador cannot try to enforce it through U.S. courts, because it was obtained through fraud."

Bloomberg News reports that "Chevron Wins U.S. Ruling Calling Ecuador Judgment Fraud."

And Reuters reports that "U.S. judge rules for Chevron in Ecuador environmental case."

You can access today's 497-page ruling of the U.S. District Court for the Southern District of New York at this link. And for those still hungry for even more reading material, an 89-page appendix accompanies that opinion.
Posted at 10:14 AM by Howard Bashman



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

1. Justice Ruth Bader Ginsburg delivered the opinion of the Court in Lawson v. FMR LLC, No. 12-3. Justice Antonin Scalia issued an opinion concurring in part and concurring in the judgment, in which Justice Clarence Thomas joined. And Justice Sonia Sotomayor issued a dissenting opinion, in which Justices Anthony M. Kennedy and Samuel A. Alito, Jr. joined. You can access the oral argument via this link.

2. And Justice Scalia delivered the opinion for a unanimous Court in Law v. Siegel, No. 12-5196. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined "Court: Broad protection for whistleblowers" and "Court: Exempt funds protected in bankruptcy."
Posted at 10:05 AM by Howard Bashman



"Supreme Court refuses Farmers Branch immigration ordinance": This article appears today in The Dallas Morning News.

And in related news, The Wichita Eagle reports that "Kobach's drive against illegal immigration set back as U.S. Supreme Court declines cases."
Posted at 09:58 AM by Howard Bashman



"Justice Department sides with broadcasters in fight against Aereo": The Los Angeles Times has this report.

And at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "U.S. Government Supporting TV Broadcasters in Aereo Fight at Supreme Court; The executive and legislative branches rally behind the TV broadcasters in their big copyright dispute."
Posted at 09:54 AM by Howard Bashman



"US Supreme Court weighs hearing Delaware Chancery Court appeal": In today's edition of The News Journal of Wilmington, Delaware, Sean O'Sullivan has an article that begins, "The legal papers have all been filed and it is now up to the U.S. Supreme Court to decide if it will hear the Delaware Court of Chancery's appeal to revive its controversial secret arbitration program."
Posted at 09:52 AM by Howard Bashman


"Wild police chase that ended with two dead before Supreme Court": Bill Mears of CNN.com has this report.
Posted at 09:47 AM by Howard Bashman


"Disputed study's author testifies on gay marriage": Ed White of The Associated Press has this report from Detroit.
Posted at 09:44 AM by Howard Bashman


"Judge Posner, Judge Wilkinson, and Judicial Critique of Constitutional Theory": Law professors Marc O. DeGirolami and Kevin C. Walsh have posted this article online at SSRN.

The also have discussed the article at the "Mirror of Justice" blog (see here and here).
Posted at 09:36 AM by Howard Bashman



"U.S. top court considers fate of class action investor lawsuits": Lawrence Hurley of Reuters has this report.
Posted at 09:32 AM by Howard Bashman


"Seamus McCaffery Accuses Inky, Daily News of Libel; Justice Seamus McCaffery and his wife have filed papers in Philadelphia court": Philadelphia Magazine today has a blog post that begins, "Law 360 (paywall) reports that Pennsylvania Supreme Court Justice Seamus McCaffery has announced plans to sue the Inquirer and Daily News, claiming he and his wife were libeled in a series of articles that claimed she received fees for steering cases to personal injury firms."
Posted at 08:19 AM by Howard Bashman


Monday, March 3, 2014

"Supreme Court Agrees to Weigh an Inmate's Right to Grow a Beard for Religious Reasons": Adam Liptak will have this article in Tuesday's edition of The New York Times.

Robert Barnes of The Washington Post reports that "Supreme Court to weigh whether Muslim inmate in Arkansas can wear beard."

And in other coverage of today's grants of review, Brent Kendall of The Wall Street Journal has articles headlined "Supreme Court Takes Omnicare Challenge to Securities Suit; At Issue is Pharmaceutical's Interpretation of What Counts as a False Statement in Bringing a Suit" and "Supreme Court to Consider Employee Pay for Security Screenings; Amazon.com Workers Seek Compensation for Time at Theft-Deterrence Checks."
Posted at 11:25 PM by Howard Bashman



"U.S. Supreme Court won't hear German family's home-school case": Cheryl Wetzstein of The Washington Times has this report.

And Bill Mears of CNN.com reports that "Homeschooling family loses asylum appeal."
Posted at 11:20 PM by Howard Bashman



"Supreme Court denial ends city's illegal immigration case": The Standard-Speaker of Hazelton, Pennsylvania has this news update.

In Tuesday's edition of The Morning Call of Allentown, Pennsylvania, Peter Hall will have an article headlined "Supreme Court declines to hear appeal in Hazleton immigration case; Luzerne County city had tried to penalize anyone who hired or rented housing to undocumented immigrants."

The Times Leader of Wilkes-Barre, Pennsylvania has a news update headlined "Hazleton rebuffed by Supreme Court; Barletta, Yanuzzi question inconsistency in immigration laws."

The Dallas Morning News has a blog post titled "U.S. Supreme Court denies review of Farmers Branch immigration ordinance."

And Warren Richey of The Christian Science Monitor has an article headlined "No Supreme Court review for local laws against harboring illegal immigrants; The Supreme Court on Monday refused two cases dealing with city ordinances aimed at preventing illegal immigrants from obtaining local housing or jobs; That lets stand lower-court rulings that the laws are impermissible."
Posted at 11:18 PM by Howard Bashman



"Justices Hear Florida Case on Measuring Inmates' Mental Disabilities": Adam Liptak will have this article in Tuesday's edition of The New York Times.

In Tuesday's edition of The Washington Post, Robert Barnes will have an article headlined "Supreme Court justices question strict IQ standard for Florida's death row."

In Tuesday's edition of The Wall Street Journal, Jess Bravin will have an article headlined "Justices Challenge Florida's IQ Rule for Executions; State Says Defendant With Score of at Least 71 Can Get Death Sentence."

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court scrutinizes Florida's death penalty law."

And Bill Mears of CNN.com reports that "Justices divided over death penalty and intellectual disability."
Posted at 10:54 PM by Howard Bashman



"Death penalty upheld for defendant forced to wear stun belt; Jonathan Keith Jackson, who was convicted of murder, said the possibility of being shocked with 50,000 volts affected his demeanor before jurors": Maura Dolan will have this article in Tuesday's edition of The Los Angeles Times.

And The News-Enterprise of Riverside, California has a news update headlined "California Supreme Court upholds 2000 sentence of Mead Valley man."

You can access today's 6-to-1 ruling of the Supreme Court of California at this link. Justice Goowin Liu was the lone dissenter in the case.
Posted at 08:44 PM by Howard Bashman



"U.S. court rejects BP appeal over Gulf spill losses": Jonathan Stempel of Reuters has a report that begins, "A divided U.S. appeals court on Monday rejected BP Plc's bid to block businesses from recovering money over the 2010 Gulf of Mexico oil spill, even if they could not trace their economic losses to the disaster."

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

My earlier coverage of the oral argument of this appeal can be accessed here.
Posted at 08:32 PM by Howard Bashman



"Argument preview: High-speed chases -- again." Lyle Denniston has this post at "SCOTUSblog."
Posted at 08:26 PM by Howard Bashman


"Rejection Letter Of The Day: You Can't Clerk For Me Because . . . I'm Quitting!" David Lat and Staci Zaretsky have this post at "Above the Law" about a judge serving on the U.S. Court of Appeals for the Seventh Circuit.
Posted at 08:14 PM by Howard Bashman


"Conservative states propel same-sex marriage movement; Unbroken string of victories in federal, state courts push the issue back toward Supreme Court": Richard Wolf of USA Today has this report.
Posted at 05:33 PM by Howard Bashman


"Should a Defense Lawyer Have to Decide How His Client Should Die? Legal ethicists are alarmed by a recent federal appeals court ruling that requires attorneys to suggest alternatives to the lethal injection procedures they deem unconstitutional." Andrew Cohen has this essay online today at The Atlantic.
Posted at 05:30 PM by Howard Bashman


"Supreme Court Acknowledges Protest Audiotape was Redacted": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 05:28 PM by Howard Bashman


"Justices lean toward defendant in mental disability case; Ruling could block Florida from executing prisoner on death row for 35 years because his IQ test scores fall within a margin of error for intellectual disability": Richard Wolf of USA Today has this report.

Mark Sherman of The Associated Press reports that "Court skeptical of IQ scores in deciding execution."

Greg Stohr of Bloomberg News reports that "High Court May Shield Mentally Disabled on Executions."

And at "SCOTUSblog," Lyle Denniston has a post titled "Argument analysis: When simplicity won't do."

You can access at this link the transcript of today's U.S. Supreme Court oral argument in Hall v. Florida, No. 12-10882.
Posted at 03:18 PM by Howard Bashman



"In wake of secret videos, security tweaks evident at the Court": Mark Walsh has this post today at "SCOTUSblog."
Posted at 02:53 PM by Howard Bashman


"Coming Soon from SCOTUS: Campaign Finance and Affirmative Action; The high court prepares to issue big rulings on hot-button issues." Damon Root has this essay at Reason.com.
Posted at 09:56 AM by Howard Bashman


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

In early news coverage, The Associated Press reports that "Teeth-whitening challenge gets high court review"; "Supreme Court to hear appeal over juror dishonesty"; "High court to look at inmate's right to grow beard"; "Justices decline to re-enter immigration debate"; and "Supreme Court won't hear German home-school case."

Greg Stohr of Bloomberg News reports that "Omnicare Gets High Court Review in Securities-Fraud Case"; "Amazon Warehouse Worker Case Accepted by Supreme Court"; and "Top Court Won't Revive Undocumented-Immigrant Housing Ban."

Lawrence Hurley of Reuters reports that "U.S. Supreme Court agrees to hear Omnicare securities case"; "U.S. high court agrees to hear case on prison grooming policy"; "U.S. top court denies FilmOn X role in Aereo case"; and "U.S. Supreme Court declines immigration cases."

At "SCOTUSblog," Lyle Denniston has a post titled "Court grants five cases."

And at the "School Law" blog of Education Week, Mark Walsh has a post titled "Supreme Court Denies Appeal From German Home-Schoolers."
Posted at 09:42 AM by Howard Bashman



"Clarence Thomas's Disrespecting Silence": Kenneth Jost had this post yesterday at his blog, "Jost On Justice."
Posted at 09:28 AM by Howard Bashman


"Supreme Court Doesn't Help Madoff Trustee: Bankruptcy." Bill Rochelle of Bloomberg News has this report.
Posted at 09:27 AM by Howard Bashman


"Aereo Boss Says He's 'Confident' Ahead of Supreme Court Battle; Aereo CEO Chet Kanojia discusses his closely watched legal battle with TV broadcasters": Time Magazine has this report,
Posted at 09:25 AM by Howard Bashman


"Supreme Court to Revisit IQ Rule in Death-Penalty Cases": Jess Bravin has this article in today's edition of The Wall Street Journal. You can freely access the full text of the article via Google.

And on today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment titled "With Death Penalty, How Should States Define Mental Disability?"
Posted at 09:22 AM by Howard Bashman



"U.S. Drug Cases Getting Rehabbed After Supreme Court Decision": ABC News has this report.
Posted at 09:18 AM by Howard Bashman


"Supreme Court Justices Antonin Scalia and Ruth Bader Ginsburg celebrate Verdi": This entry appears today at "The Reliable Source" blog of The Washington Post.
Posted at 09:16 AM by Howard Bashman


Sunday, March 2, 2014

"Supreme Court: Can Florida execute 'mentally retarded' prisoner? On Monday, the court is scheduled to hear a Florida case involving the death penalty as applied to those deemed to be mentally retarded -- in this case, Freddie Lee Hall, who has a low IQ." Warren Richey of The Christian Science Monitor has this article.
Posted at 09:57 PM by Howard Bashman


"Case weighing religious freedom against rights of others is headed to Supreme Court": Robert Barnes will have this new installment of his "The High Court" column in Monday's edition of The Washington Post.
Posted at 09:20 PM by Howard Bashman


"Arizona Did Us All a Favor": Timothy Egan has this op-ed in the Sunday Review section of today's edition of The New York Times.
Posted at 02:13 PM by Howard Bashman


"Same-sex marriage becomes entrenched in Iowa": This article appears in The Quad-City Times of Davenport, Iowa.

The Deseret News has articles headlined "Poll detects major shift in American attitudes on gay marriage" and "Same-sex couples claim Utah attorney general wrongly intervening in adoption cases."

Brooke Adams of The Salt Lake Tribune has an article headlined "Same-sex couples say state is interfering with adoptions; A.G. office says courts can't proceed on the issue until the constitutionality of Amendment 3 is resolved."

And in the Sunday Review section of today's edition of The New York Times, columnist Ross Douthat has an op-ed titled "The Terms of Our Surrender" that begins, "It now seems certain that before too many years elapse, the Supreme Court will be forced to acknowledge the logic of its own jurisprudence on same-sex marriage and redefine marriage to include gay couples in all 50 states."
Posted at 02:08 PM by Howard Bashman



"Judges, prosecutors and wardens go to bat for Michigan's juvenile lifers": In today's edition of The Detroit Free Press, columnist Brian Dickerson has an op-ed that begins, "When three Michigan men condemned to die behind bars for crimes they committed as teenagers ask the state's highest court to reconsider their sentences this week, they'll have some unusual allies in their corner."
Posted at 01:57 PM by Howard Bashman


"Do corporations have religious liberty?" Today's edition of The Boston Globe contains dueling op-eds on this subject.

Law professor Dwight G. Duncan has an op-ed titled "Our legal heritage favors religious freedom."

And law professor Kent Greenfield has an op-ed titled "Unfair advantage would spur abuse of exempt status."

Meanwhile, today's edition of The Pittsburgh Tribune-Review contains a related article headlined "Health care law's results breed hope among doctors for birth control access."
Posted at 01:55 PM by Howard Bashman



"Free speech rules cost us a good look at court decisions": In today's edition of The Idaho Statesman, attorney Wm. Breck Seiniger, Jr. -- a candidate for the Supreme Court of Idaho -- has an op-ed that begins, "The recently reported medical negligence case of Nield v. Pocatello Health Services raises critical issues regarding restrictions on First Amendment rights of lawyers and judicial candidates, which should concern all Idaho citizens."

My earlier coverage of that ruling appears at this link.
Posted at 01:48 PM by Howard Bashman



"SCOTUS on YouTube: Now, how about real cameras? Why are the justices camera-shy? Blame institutional inertia and a snobbish assumption the court isn't like those vulgar political branches; Neither attitude is defensible." This editorial appears today in The Los Angeles Times.
Posted at 01:40 PM by Howard Bashman


"Rap Lyrics On Trial This Week At NJ Supreme Court": CBS Philly has this report.

Update: In other coverage, The Associated Press reports that "Rap lyrics at heart of NJ Supreme Court arguments."
Posted at 10:15 AM by Howard Bashman



"Court to reopen debate over executing mentally disabled; The case of Freddie Lee Hall gives the Supreme Court another chance to clarify its 2002 ruling that people with mental retardation cannot be executed": Richard Wolf of USA Today has this report.

Michael Doyle of McClatchy Washington Bureau reports that "Supreme Court weighs IQ test in Fla. death penalty case."

The Huntsville Times has an article headlined "U.S. Supreme Court to hear arguments on execution of mentally retarded, law affected two Huntsville death penalty cases."

Mark Sherman of The Associated Press reports that "High court looks at death row inmate with low IQ."

And in commentary, The Los Angeles Times has an editorial titled "Should a death row inmate's life hinge on an IQ test? In a case that spotlights both the barbarity and the absurdity of the death penalty, Florida wants to execute Freddie Lee Hall, who is intellectually disabled."
Posted at 10:08 AM by Howard Bashman



"MALDEF asks Supreme Court to review Fremont ordinance": The Fremont (Neb.) Tribune has an article that begins, "The Mexican American Legal Defense and Educational Fund is asking the highest court in the land to review part of the U.S. 8th Circuit Court of Appeals ruling that upheld Fremont's illegal immigrant ordinance."
Posted at 09:38 AM by Howard Bashman


"The Impact of the Next President on the Supreme Court": Jonathan Hobratsch has this blog entry at The Huffington Post.
Posted at 09:21 AM by Howard Bashman


"Under the U.S. Supreme Court: Climate change fight in the balance." Michael Kirkland of UPI has this report today.
Posted at 09:20 AM by Howard Bashman


Saturday, March 1, 2014

"Prosecutors: Ohio Amish convictions should stand." The Associated Press has this report.
Posted at 11:58 PM by Howard Bashman


"D.C. Circuit Judge Patricia Millett Sworn In": Zoe Tillman had this post yesterday at "The BLT: The Blog of Legal Times."
Posted at 11:56 PM by Howard Bashman


"Government straddles both sides in toxic water cases; Obama administration offers health care to veterans injured by water contamination at Marine base, but it wants to block their legal claims": Richard Wolf of USA Today has this report.
Posted at 11:54 PM by Howard Bashman


"Should the Supreme Court delete the audio of the protestors?" Josh Blackman has this post today at his blog.
Posted at 03:42 PM by Howard Bashman


"With E-Book Appeal, Apple Sets Its Sights on the Supreme Court": Dimitra Kessenides of Bloomberg Businessweek has this report.
Posted at 01:09 PM by Howard Bashman


"Group won't rule out taping court again": The Hill has a blog post that begins, "The protester whose arrest in the Supreme Court was caught on film on Friday didn't rule out videotaping the court again."

And The Wall Street Journal has posted online a video of Jess Bravin's interview of Kai Newkirk titled "Behind the Historic Supreme Court Camera Breach."
Posted at 12:58 PM by Howard Bashman



"Federal appeals court rejects Google's request to allow an anti-Muslim video to be restored on YouTube" Howard Mintz of The San Jose Mercury News has this report. You can access yesterday's order of a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

In other coverage, The New York Daily News reports that "Cindy Lee Garcia, actress in 'Innocence of Muslims,' is ecstatic court has ordered YouTube to take Islam mocking video down; 14-minute video is blamed for stoking deadly violence in Benghazi, Libya, that claimed life U.S. Ambassador Chris Stevens and three other Americans."

At Wired.com's "Threat Level" blog, David Kravets has a post titled "Google Fights to Restore Anti-Muslim YouTube Video."

At WSJ.com's "Law Blog," Ashby Jones has a post titled "Will 'Innocence of Muslims' Ruling Spawn Flood of Actor Lawsuits?"

And at the "Hollywood, Esq." blog of The Hollywood Reporter, Eriq Gardner has a post titled "Google Warns 'Muslims' Ruling Will Create Hollywood Chaos; According to Google, the ruling 'opens the door to an extra in even Gone With the Wind contacting Netflix and demanding that it purge every copy of the film from its inventory.'" And Jonathan Handel has a post titled "Hollywood Experts Divided on Implications of 'Muslims' Ruling; Some agree with the decision, others don't; most doubt an increase in litigation, but several experts are concerned; and one has advice for transactional lawyers."
Posted at 09:06 AM by Howard Bashman



Even the New Testament says you lose your sentencing appeal: Yesterday, a three-judge panel of the U.S. Court of Appeals for the First Circuit issued an opinion that concludes:
Where, as here, a defendant who has compiled a history of violence commits a vicious crime, he scarcely can be heard to complain that the sentencing judge meted out a correspondingly stiff sentence. After all, "whatsoever a man soweth, that shall he also reap." Galatians 6:7.
No doubt various challengers to the Affordable Care Act's contraceptive mandate are hoping that the Bible is applied as assiduously to decide their cases.
Posted at 08:47 AM by Howard Bashman


"Renting Judges for Secret Rulings": Law professor Judith Resnik has this op-ed in today's edition of The New York Times.
Posted at 08:34 AM by Howard Bashman


"(Supreme) Court TV and the Magically Disappearing Protest": Jesse Wegman has this post at the "Taking Note" blog of The New York Times.
Posted at 08:32 AM by Howard Bashman






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